New Clause 98: Levelling-up and Regeneration Bill
New Clause 98 - Duty with regard to climate change
“(1) The Secretary of State must have special regard to achieving the mitigation of and adaptation to climate change when preparing—
(a) national policy or advice relating to the development or use of land,
(b) a development management policy pursuant to section 38ZA of the PCPA 2004.
(2) The Secretary of State must aim to ensure consistency with achieving the mitigation of and adaptation to climate change when exercising a relevant function under a planning enactment.
(3) A relevant planning authority when—
(a) exercising a planning function must have special regard to, and aim to ensure consistency with, achieving the mitigation of and adaptation to climate change, and
(b) making a planning decision must aim to ensure the decision is consistent with achieving the mitigation of and adaptation to climate change.
(4) For the purposes of subsection (3), a relevant planning authority is as set out in section 81 (a) and (b) and (d) to (j).
(5) For the purposes of subsection (2) a relevant function is a function that relates to the development or use of land.
(6) For the purposes of subsection (3) a planning function is the preparation of—
(a) a spatial development strategy;
(b) a local plan;
(c) a minerals and waste plan;
(d) a supplementary plan; or
(e) any other policy or plan that will be used to inform a planning decision.
(7) For the purposes of subsections (3) and (6) a planning decision is a decision relating to—
(a) the development or use of land arising from an application for planning permission;
(b) the making of a development order; or
(c) an authorisation pursuant to a development order.
(8) In relation to neighbourhood planning, a qualifying body preparing a draft neighbourhood plan or development order must have special regard to achieving the mitigation of and adaptation to climate change.
(9) For the purposes of this section, achieving the mitigation of climate change shall include the achievement of—
(a) the target for 2050 set out in section 1 of the Climate Change Act 2008, and
(b) applicable carbon budgets made pursuant to section 4 of the Climate Change Act 2008.
(10) For the purposes of this section, achieving adaptation to climate change shall include the achievement of long-term resilience to climate-related risks, including—
(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.”—(Matthew Pennycook.)