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Lawyer raps panel set-up

Planning, 18 April 2008

Latest planning reforms will allow ministers to hide behind the proposed infrastructure planning commission (IPC), a leading lawyer has claimed.

Speaking at a Planning Bill conference, Landmark Chambers QC Nathalie Lieven accused the government of leaving a "democratic deficit" by shifting accountability for upcoming projects.

The bill, which is set to get Royal Assent in the autumn, proposes to base the IPC's decisions on ministerially prepared national policy statements (NPSs).

But Lieven argued: "The plans are wholly wrong. The ministers will constrain the IPC by tying it to their prepared NPS but will then hide behind it when it comes to making a decision."

Lieven also warned of a "lawyers' bonanza" in the remit of the IPC's power, which could overrule an NPS if it is satisfied that the adverse impact of the proposed development would outweigh its benefits. "These are a wonderful series of get-out clauses," she added.

Meanwhile, it has emerged that around 15 decisions a year could be made by one member of the IPC. Local government minister John Healey's parliamentary private secretary, Chris Mole, told Planning: "It is felt that electricity and access road schemes could be decided by a single commissioner."