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PlanningResource, 28 November 2007
The RTPI said today that the new Planning Reform Bill could lead to a rash of legal challenges over decisions by the new infrastructure commission.
The bill says that the new commission will have to make its decisions in accordance with the new national policy statements.
But it provided for an exception where the harm of any new development outweighs the benefits.
RTPI policy director Rynd Smith said: "The commission could be overwhelmed by in principle objections by local residents, who claim the harm outweighs the benefits.
"This could easily be a subject which has to be sorted out by judicial review."
He also said that it was unclear as to whether the commission would have to take existing planning policy into account.
He said: "Again, this could lead to legal manoeuvring."
He said there was no requirement that the different national statements would link up but that in practice they would have to.
The bill also includes rail projects in the definition of major infrastructure projects, after they were omitted from the white paper.
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