Levelling-up and Regeneration Bill — Report (5th Day) — Amendment 191 — 4 Sep 2023 at 19:00
Moved by Lord Ravensdale
191: After Clause 88, insert the following new Clause-“Duties in relation to mitigation of, and adaptation to, climate change in relation to planning(1) The Secretary of State must have special regard to the mitigation of, and adaptation to, climate change in preparing-(a) national policy, planning policy or advice relating to the development or use of land,(b) a national development management policy pursuant to section 38ZA of the Planning and Compulsory Purchase Act 2004.(2) When making a planning decision relating to development arising from an application for planning permission, the making of a development order granting planning permission or an approval pursuant to a development order granting planning permission, a relevant planning authority (as defined in section 85 (interpretation of chapter 1)) must have special regard to the mitigation of, and adaptation to, climate change.(3) For the purposes of interpretation of this section, Part 3 of this Act, and Schedules 7 and 12 to this Act-“the mitigation of climate change” includes the achievement of-(a) the target for 2050 set out in section 1 of the Climate Change Act 2008,(b) applicable carbon budgets made pursuant to section 4 of the Climate Change Act 2008, and(c) sections 1 to 3 of the Environment Act 2021 (environmental targets) where applicable to the mitigation of climate change;“adaptation to climate change” includes-(a) the mitigation of the risks identified in the latest climate change risk assessment conducted under section 56 of the Climate Change Act 2008, and(b) the achievement of the objectives of the latest flood and coastal erosion risk management strategy made pursuant to section 7 of the Flood and Coastal Water Management Act 2010.”Member’s explanatory statementThis new Clause places a duty on the Secretary of State and relevant planning authorities respectively to have special regard to the mitigation of, and adaptation to, climate change with respect to national policy, local plan-making and planning decisions.
Ayes 182, Noes 172.
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