Lord Wilson of Sedgefield (Lab)

I thank the noble Lord, Lord Murray, for his amendment on statutory guidance on mediation in planning. This would require the Secretary of State to publish guidance promoting the use of mediation in a range of different planning activities, including plan-making, decision-taking and the use of compulsory purchase. The thrust of the amendment is to ensure that issues are dealt with upfront, as opposed to relying on issues to be dealt with through the courts. As the noble Lord set out in his speech at Second Reading of the Bill, this is not a new issue. Previous Governments have explored this approach multiple times, but it has borne little fruit. Although we completely agree with the underlying objective of the amendment, we regretfully cannot accept it. We feel that a statutory duty to have regard to such guidance would not be appropriate or necessary for all planning activities. In particular, when determining planning applications, planning law requires the decision-maker to consider all relevant planning matters set out in the local development plan and weigh this with other material planning considerations. Given this legal framework, it would not always be possible to reach consensus on all matters—this is not the exercise when determining whether development should be granted permission. Where a planning application is refused by a local planning authority, there is a well-established procedure whereby the applicant can appeal the decision. In an appeal, an independent inspector from the Planning Inspectorate, acting on behalf of the Secretary of State, will consider planning matters afresh. The procedures used give relevant parties the opportunity to state their case further. As these processes are carried out in public, it ensures that the process is transparent and fair. This process provides a considerable benefit compared with mediation, in that mediation is carried out behind closed doors. It is common practice, and encouraged through the NPPF, that when determining applications local planning authorities work positively and proactively with applicants. It is often the case that large-scale and complex development applicants and local planning authorities enter into planning performance agreements, which will help manage the process and provide a forum for dispute resolution. There are some areas where we actively encourage mediation already. In relation to compulsory purchase, the Government have already published guidance on the use of alternative dispute resolution techniques, including mediation, to help parties resolve concerns on the principle of compulsorily purchasing land by CPO. The Government are also committed to strengthening the system of developer contributions, including Section 106 planning obligations, to ensure new developments provide necessary affordable homes and infrastructure, and we are considering a range of options to deliver on that commitment. For the reasons I have set out, I hope that the noble Lord can withdraw his amendment.