Baroness Taylor of Stevenage (Lab)

I thank the noble Baroness. Although the noble Lord, Lord Banner, is not here, I shall put on the record that there is work ongoing on the Hillside issue, as he is very aware. We continue to engage with him on that issue. I cannot answer the question asked by the noble Baroness, Lady Bennett, off the top of my head, but I will provide a written answer. I appreciate that two years is quite a long time. If surveys have been done, they may need to be done again. I will come back to her on that issue. I thank my noble friend Lord Hunt for tabling Amendments 77, 78 and 79, introduced by my noble friend Lord Hanworth. These seek to remove the right of appeal for certain planning judicial reviews if they are deemed as totally without merit at the oral permission hearing in the High Court. The effect of these amendments largely reflects the intention of Clause 12, which makes provisions specifically for legal challenges concerning nationally significant infrastructure projects under the Planning Act 2008. The measures being taken forward in Clause 12 follow a robust independent review by the noble Lord, Lord Banner, and a subsequent government call for evidence, which made clear the case for change in relation to major infrastructure projects. We do not currently have any evidence of an issue with legal challenges concerning other types of planning decision. Therefore, we will need to consider this matter further to determine whether the extension of changes made in Clause 12 would be necessary or desirable in other planning regimes. Amendment 77 seeks to clarify that legal challenges are to be made to the High Court. As mentioned in Committee, this is not necessary as it is already clearly set out in the existing relevant rules, practice directions and guidance documents. In light of these points, while I agree with the intent behind the amendments, I kindly ask that my noble friend does not move them.