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A Bill that threatens historic right to protest

Independent, The (London),  Jun 24, 2008  by Andrew Grice

More than 60 Labour MPs are threatening to derail plans to weaken people's long-standing right to oppose the building of new nuclear power stations and airport runways in their own "backyards".

Ministers want to hand the final decisions to an unelected quango, and Labour whips are trying to head off a backbench rebellion when the Planning Bill is debated in the Commons tomorrow. Sixty-three Labour MPs have threatened to vote against the measure and ministers are set to offer concessions to avert an embarrassing first Commons defeat for Gordon Brown - one which would prompt further questions about his authority.

At present, major projects such as power stations, ports, airports, roads, railways, dams, water plants, hazardous waste facilities and critical gas and electricity works are subject to public inquiries, where lawyers for residents, pressure groups and developers do battle - sometimes for years - before government- appointed inspectors recommend whether the schemes should go ahead. Ministers then take the final decision.

Under the Bill, an independent infrastructure planning commission would decide whether to approve such projects. Environmental groups and MPs from all parties have condemned the proposals as an affront to democracy. They say the final say on such developments should not be handed to an unelected quango but should be retained by ministers accountable to the public.

The Campaign to Protect Rural England warned that the shake-up would remove democratic control over all the most contentious planning decisions. "This is crunch time for planning in this country," said Paul Miner, its senior planning campaigner. "Airport expansion and new power stations are huge matters of public concern. If ministers are serious about moving towards a greener future and more prudent use of resources, they should take the hard decisions this involves. MPs must stand up and be counted and use their votes to make sure we continue to have democratic accountability in our biggest planning decisions."

Naomi Luhde-Thompson, of Friends of the Earth, added: "The Planning Bill is undemocratic, marginalises community voices and does nothing to tackle climate change. The Government's proposals mean local people will not be properly involved in decisions that could fundamentally affect them. Major projects such as roads, airports and power stations will be pushed through without local people having a proper say.

"The existing inquiry process allows people to question the developer, call witnesses and present evidence at a public inquiry. In the new system, all of these rights are removed, with only limited opportunity for people to raise concerns, and no requirement for the developer or decision-makers to respond."

Last night, Labour rebels held talks with the Communities Secretary, Hazel Blears, and the Planning minister, John Healey, to demand that the Government's role is strengthened. It seemed ministers would give some ground, with one government source saying: "We're not seeking confrontation, we are seeking compromise."

The vote has been delayed twice to give ministers more time to head off a defeat. Mr Brown has been telephoning potential Labour rebels, who have signed a Commons motion saying the proposed planning commission would have "inordinate and unprecedented" powers.

Two weeks ago, the Prime Minister narrowly survived a vote to extend to 42 days the maximum time that police can hold terror suspects. A defeat on the Planning Bill, at a time when Mr Brown has an overall majority of only 67, would raise further questions about his authority.

Labour rebels have tabled amendments to the Bill to ensure that ministers retain the final say. John Grogan, one of the leaders of the revolt, said: "You should not be able to build a new power station or a big new airport without a politician being prepared to stand up for it and being responsible. The politicians should not be able to stand up and say, 'it's not us guv, it's the planning commissions'. There is a limit to the virtues of government by expert." John McDonnell, the Labour MP for Hayes and Harlington, added: "This is a straightforward case of accountability. Even if you just put a secretary of state's name on the decision, it allows you to understand who is responsible. You cannot devolve these issues to a group of hand-picked bureaucrats. In my constituency there is the issue of Heathrow airport. It will be a huge issue in my constituency but also a major argument over global warming."

The Conservative leader, David Cameron, said: "This quango is going to be almost entirely divorced from the processes of democracy. That is wrong. People need a planning system in which they feel they have a say - both at national and local level. That is why this Bill is getting such widespread opposition from so many different quarters."

Steve Webb, the Liberal Democrat environment spokesman, said: "The Planning Bill is a Trojan Horse for airport expansion, new nuclear power plants and other controversial projects. The Government has got fed up with consultation and public inquiries. The worry is that it is about railroading through plans. If we do not get the amendments through, we will ask ministers about these projects and they will say, 'Sorry - not my decision'."