Member

133: After Clause 51, insert the following new Clause— “Promotion and use of mediation etc.(1) The Town and Country Planning Act 1990 is amended as follows.(2) After section 323A insert—“323B Promotion and use of mediation etc.(1) The Secretary of State or the Welsh Ministers may issue guidance in relation to the promotion and use of mediation and other forms of alternative dispute resolution (ADR) technique in relation to the following—(a) the preparation of local development plans and related evidence reports under Part 2,(b) a prospective applicant’s compliance with any requirements in respect of pre-application consultation imposed under or by virtue of sections 61W or 61Z,(c) assisting in the determination of an application for planning permission, including related planning obligations or their variation under sections 106 and 106A, and(d) any other matter related to planning including the acquisition or appropriation of land for planning purposes that they consider appropriate.(2) Guidance under subsection (1) may include provision about—(a) the form of mediation or other ADR technique that is to be used in a particular circumstance, and(b) the procedure to be followed in any such mediation.(3) Local authorities must have regard to any guidance issued under subsection (1).(4) Before issuing any guidance under subsection (1), the Secretary of State and the Welsh Ministers must consult—(a) planning authorities, and(b) such other persons that they consider appropriate.(5) The Secretary of State and the Welsh Ministers must make any guidance issued under subsection (1) publicly available.(6) The power under subsection (1) to issue guidance includes power to—(a) issue guidance that varies guidance issued under that subsection, and(b) revoke guidance issued under that subsection.(7) For the purposes of this section, “mediation” and “ADR technique” includes any means of exploring, resolving or reducing disagreement between persons involving an impartial person that the Secretary of State or the Welsh Ministers consider appropriate.(8) The Secretary of State and the Welsh Ministers must issue guidance under subsection (1) within the period of two years beginning with the date on which the Planning and Infrastructure Act 2025 is passed.””Member’s explanatory statement This amendment requires that guidance must be issued on the promotion and use of mediation and other forms of ADR in the planning process. It is intended to engender a culture of informal resolution of disputes, in order to reduce the risk of the delay and expense caused by litigation.