6 June 2007
PLANNING WHITE PAPER: A JUGGERNAUT FOR NUCLEAR POWER
Nuclear Free Local Authorities [1] have expressed great concern at new Government proposals to take away development control powers from local councils in England and Wales and give them to an appointed Infrastructure Planning Commission.
At the heart of the Planning White Paper published on 17 May [2] are proposed grounds for giving or refusing the go-ahead for nuclear power stations, airports and other major infrastructure projects.
The proposed grounds for refusing a planning application are set out very carefully, word for word, sixteen times in the White Paper and, according to legal advice provided to the Nuclear Free Local Authorities, should provoke profound concern amongst all who value local democratic accountability.
The formula states:
"The [Infrastructure Planning] Commission would approve any application for development consent for a nationally significant infrastructure project which had main aims consistent with the relevant national policy statement, unless adverse local consequences… incompatible (sic) with relevant EC and domestic law, including human rights legislation. …outweighed the benefits…”. [3]
Legal advice to the Nuclear Free Local Authorities is that this provides nuclear power station and airport developers with a well-nigh unassailable basis for approval of their projects but by contrast it leaves local authorities and their communities with an extraordinarily narrow and unlikely basis for a refusal i.e. actual illegality.
Nuclear Free Local Authorities spokesman, Stewart Kemp, stated "The very narrow grounds open to an Infrastructure Planning Commission for refusing a planning application makes a mockery of statements elsewhere in the White Paper that these proposals will 'improve the ability of the public and communities to participate effectively in the process.' [4] Nuclear Free Local Authorities believe Government proposals will do precisely the reverse. "
ENDS
For further information contact: James Woolley, Legal Adviser, Nuclear Free Local Authorities 0114 220 4452
Notes:
1. Nuclear Free Local Authorities is a growing network of councils across, England, Scotland, Wales, Northern Ireland, and the Republic of Ireland campaigning to reduce nuclear hazards and increase public and environmental protection.
2. Planning for a Sustainable Future White Paper http://www.communities.gov.uk/index.asp?id=1510503
3. See e.g. para 3.14, p49 of the White Paper
4. Footnote 3 Para 1.36 of the White Paper