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Noise complaint rights 'face axe' Noise complaint rights 'face axe'
(about 2 hours later)
New planning laws designed to speed up decisions on big developments could stop councils acting on people's noise complaints, local authorities say.New planning laws designed to speed up decisions on big developments could stop councils acting on people's noise complaints, local authorities say.
They say a new clause gives developers a "blanket exemption" from complaints about smoke, odour, noise and light.They say a new clause gives developers a "blanket exemption" from complaints about smoke, odour, noise and light.
Ministers say people will be able to seek compensation under new laws, which they say do not "immunise" developers.Ministers say people will be able to seek compensation under new laws, which they say do not "immunise" developers.
In June, the government saw off a Labour rebellion over the Planning Bill, which largely applies to England.In June, the government saw off a Labour rebellion over the Planning Bill, which largely applies to England.
Many MPs were concerned that allowing decisions to be taken by a new planning quango, the Infrastructure Planning Commission (IPC), would be undemocratic.Many MPs were concerned that allowing decisions to be taken by a new planning quango, the Infrastructure Planning Commission (IPC), would be undemocratic.
'Tying hands''Tying hands'
But the bill completed its Commons stages and is now going through the House of Lords, where it will be examined line-by-line in October.But the bill completed its Commons stages and is now going through the House of Lords, where it will be examined line-by-line in October.
However Lacors, which oversees councils' environmental protection work, has concerns about a new amendment which states criminal or civil proceedings cannot be brought for nuisance over works "authorised by an order granting development consent".However Lacors, which oversees councils' environmental protection work, has concerns about a new amendment which states criminal or civil proceedings cannot be brought for nuisance over works "authorised by an order granting development consent".
This apparent blanket exemption is highly irresponsible Mary StevensEnvironmental Protection UKThis apparent blanket exemption is highly irresponsible Mary StevensEnvironmental Protection UK
It says it is "tying the hands of councils, leaving them unable to respond to the legitimate concerns of local people" and has written to Communities Secretary Hazel Blears to complain.It says it is "tying the hands of councils, leaving them unable to respond to the legitimate concerns of local people" and has written to Communities Secretary Hazel Blears to complain.
It is backed by the charity Environmental Protection UK, which says the clause "would appear to remove access to any remedy for local health or environmental impacts caused by dust, smoke, odour, noise or light".It is backed by the charity Environmental Protection UK, which says the clause "would appear to remove access to any remedy for local health or environmental impacts caused by dust, smoke, odour, noise or light".
Policy officer Mary Stevens said: "This apparent blanket exemption is highly irresponsible."Policy officer Mary Stevens said: "This apparent blanket exemption is highly irresponsible."
'Quicker' compensation'Quicker' compensation
And Paul Bettison, of the Local Government Association, said: "It is totally unacceptable that people should not be able to complain about noise, light, pollution and general disturbances to their day-to-day lives.And Paul Bettison, of the Local Government Association, said: "It is totally unacceptable that people should not be able to complain about noise, light, pollution and general disturbances to their day-to-day lives.
"Councils need to be able to hold construction companies to account to ensure that disruption for local people is kept to an absolute minimum.""Councils need to be able to hold construction companies to account to ensure that disruption for local people is kept to an absolute minimum."
A Department for Communities and Local Government spokesman said: "We don't accept these claims.A Department for Communities and Local Government spokesman said: "We don't accept these claims.
"The Planning Bill will ensure that anyone who suffers nuisance will be able to seek compensation, which is a quicker and more reliable route than the uncertainty of a nuisance claim, which can be misused by lawyers trying to block development by simply firing off injunctions causing unnecessary delay to decisions."The Planning Bill will ensure that anyone who suffers nuisance will be able to seek compensation, which is a quicker and more reliable route than the uncertainty of a nuisance claim, which can be misused by lawyers trying to block development by simply firing off injunctions causing unnecessary delay to decisions.
"It does not immunise developers, and will ensure there is a clear and accountable process in place for everyone.""It does not immunise developers, and will ensure there is a clear and accountable process in place for everyone."
The government says, under the new system councils would get three chances to have a say on developments - rather than one at present.The government says, under the new system councils would get three chances to have a say on developments - rather than one at present.
The IPC will also have to take account of a report into local views prepared by the council when making their decision, it says.The IPC will also have to take account of a report into local views prepared by the council when making their decision, it says.