Member

Clause 3 is intended to be flexible so that the Secretary of State may choose the appropriate consenting route depending on the particular requirements of a scheme. As noble Lords have pointed out, this means the power could be used to direct a scheme for a local decision under the Town and Country Planning Act. It may direct a scheme to seek consent under the Highways Act or the Transport and Works Act. As the Housing Minister explained in the other place, the Government will publish policy setting out the key factors the Secretary of State will take into account when making a decision as to whether or not to give a direction. Given that the intent of the power is to increase flexibility, it is critical that potentially viable planning routes are not excluded.