Labour announced on 9 June 2024 that, if in power, it would:
“Take control of the planning process by classifying prisons as being of ‘national importance’ on public safety grounds, so the approval decision is in ministers’ hands.”
It made me smile, given that in practice recent decisions in relation to new prisons have already been in ministers’ hands by way of recovered planning appeals. Labour’s announcement is possibly pointing towards including prisons within the scope of the Planning Act 2008 nationally significant infrastructure projects regime, although it is of course carefully enigmatic.
Securing planning permission for new prisons is slow and difficult, given the usual extent of local objections. Three recent examples:
Proposed new category C prison (up to 67,000 sq m gross external area) within a secure perimeter fence adjacent to HMP Grendon and HMP Springhill, Grendon Underwood, Edgcott
This application was submitted to Buckinghamshire Council for approval in June 2021 and was refused by committee, on officers’ recommendations) in March 202. The Ministry of Justice appealed. An inquiry took place in January and February 2023, lasting for eight days. The appeal was allowed by the Secretary of State, on the inquiry inspector’s recommendation, on 20 January 2024.
I note in passing that the constituency MP, Greg Smith (Conservative), standing again in this election, has described Mr Gove’s decision on his website as “devastating and preposterous”:
“Needless to say, my faith in the whole Planning Inspectorate has now hit absolute zero. Local people said no, Buckinghamshire Council as the planning authority said no, but this potty system has walked all over local wishes. It’s not right.”
Proposed new category B prison (up to 82,555 sq m gross external area) within a secure perimeter fence adjacent to HMP Gartree, Market Harborough
This application was submitted to Harborough District Council in September 2021. It was refused at planning committee against officers’ recommendations in April 2022. The Ministry of Justice appealed. An inquiry took place in October 2022 and the appeal was allowed by the Secretary of State, contrary to the inquiry inspector’s recommendation, on 15 November 2023.
The constituency MP, Neil O’Brien (Conservative), standing again in this election, has been one of the objectors to the proposal.
Proposed new prison adjacent to HMP Garth and HMP Wymott, Leyland, Lancashire
This application was submitted to Chorley Borough Council and was refused, again against officers’ recommendations, in December 2021. Following an inquiry held in July 2022, the Secretary of State determined on 19 January 2023 (unusually) that notwithstanding the inquiry inspector having recommended dismissal, the Secretary of State was minded to allow the appeal, subject to giving the parties the opportunity to provide further evidence on highways matters. He then decided on 6 April 2023 to reopen the inquiry. It reopened in March 2024 and the outcome is awaited.
The constituency MP, Katherine Fletcher (Conservative), standing again in this election, has been one of the objectors to the proposal.
That tension between national politics versus local politics, time and time again.
What’s the answer? I’m not sure that it is to bring new prisons within the Planning Act 2008 regime, as nationally significant infrastructure projects. First, this would be likely to require primary legislation to bring prisons within the definition of “infrastructure” and secondly it is such a procedurally onerous process! Alternatives would be to use the special development order route under section 59 of the Town and Country Planning Act 1990 or to promote the projects as Crown development under section 293D of the 1990 Act. However, whichever the route and whichever the party in government, shall we start with some specific national policy guidance…?
Simon Ricketts, 10 June 2024
Personal views, et cetera
SIMONICITY 