'(1) In the principal Act for section 76 (Duty to draw attention to certain provisions for benefit of disabled) there is substituted the following section—

''76 Access Statements

(1) Any application for planning permission shall not be entertained by the local planning authority, or as the case may be, by the Secretary of State unless it is accompanied by an access statement.

(2) An 'access statement' is a statement which demonstrates that the applicant has fully considered the access requirements of disabled people in relation to the whole development and has described how they intend to meet them.

(3) An access statement shall, in particular, demonstrate that the proposed development complies with relevant statutory duties, relevant access standards and any policies on inclusive design included in the local planning authority's development plan.

(4) Relevant statutory duties include—

(a) the duties of persons providing buildings to which the public are to be admitted, under sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970 to make provision for members of the public who are disabled;

(b) the duties of persons providing universities, schools, offices and other premises, under sections 7, 8 and 8A of that Act, to make provision for people who are disabled;

(c) the duties of employers and trade organisations, under sections 6 and 15 of the Disability Discrimination Act 1995 and under any code of practice issued by the Disability Rights Commission under section 53A of that Act, to make adjustments to premises; and

(d) the duties of service providers, under section 21 of that Act and under any code of practice issued by the Disability Rights Commission under section 53A of that Act, to make adjustments to premises

(e) the duties of education providers, under section 28T of the Disability Discrimination Act 1995 and under any code of practice issued by the Disability Rights Commission under section 53A of that Act;

(3) Relevant access standards include—

(a) British Standard 8300 ''Designing buildings and their approaches to meet the needs of disabled people'' or any document replacing it; and

(b) in the case of developments related to new housing, the Lifetime Homes standard.''

(2) In the principal Act, after section 76 there is inserted the following section—

''76A.Duty to have special regard to needs of disabled people

(1) In dealing with an application to which this section applies the local planning authority, or as the case may be, the Secretary of State shall have special regard to the needs of disabled people and in particular the duties and standards mentioned in section 76.

(2) This section applies to—

(a) an application under sections 62 or 73 for planning permission;

(b) an application under section 92 for the approval of reserved matters; and

(c) an application for the approval of details required under a condition of a grant of planning permission (including a permission granted by a development order).

(3) In this section, the terms ''disabled'' and ''disabled people'' shall be construed in accordance with section 1 of the Disability Discrimination Act 1995.''

(3) In the Listed Buildings Act 1990—

(a) in section 16 (decision on application), after subsection (2) there is inserted the following subsection—

''(2A) In considering whether to grant listed building consent for any works or to approve details under a condition of a listed building consent, the local planning authority or the Secretary of State shall also have special regard to the needs of disabled people.''

(b) in section 91(2) (interpretation), before ''development plan'', there is inserted ''disabled people,''.

(4) In the Ancient Monuments and Archaeological Areas Act 1979—

(a) in section 2 (control of works affecting scheduled monuments), after subsection (3) there is inserted the following subsection—

''(3A) In considering whether to grant scheduled monument consent for any works or to approve details under a condition of such a consent, the Secretary of State shall have special regard to the needs of disabled people.''

(b) in section 61(1) (interpretation), before ''designation order'' there is inserted—

''''disabled people'' has the same meaning as in the Disability Discrimination Act 1995;''.'—[Matthew Green.]

Brought up, and read the First time.

Question proposed [this day], That the clause be read a Second time.

Question again proposed.

I remind the Committee that with this we are discussing the following amendments:

No. 132, in

clause 5, page 3, line 38, at end insert—

'(c) Include details of the steps to be taken to meet the access needs of disabled people.'.

No. 147, in

clause 10, page 6, line 24, at end add—

'(j) the steps to be taken by the RPB to ensure the draft revision and appraisal under section 5 furthers the social inclusion/access needs of disabled people.'.

No. 173, in

clause 56, page 40, line 40, at end insert—

'(c) The authority's policies for meeting the access needs of disabled people'.

No. 148, in

clause 14, page 8, line 25, at end insert—

'(ff) how it will meet the access needs of disabled people.'.

No. 172, in

clause 54, page 39, line 33, at end insert

'including how the Plan will meet the access needs of disabled people'.

As I was saying earlier, may I ask the hon. Member for Ludlow to withdraw the new clause?

I found the Minister's response disappointing. In dealing with the five amendments rather than the new clause, she once again said, ''Ah, but we're just about to produce some draft regulations or''—in this case—''some draft guidance.'' We had that back in January: every time we tabled amendments, we were told that the issues were about to be dealt with in draft guidance and regulations, and we have had a regular spate of such assurances all over again. It does not help the Committee to be told that such things are about to appear next week. That does not endear the Government to those in opposition—not that they set out to do that.

However, I am more concerned with new clause 30, which I am tempted to push to a Division. Four years ago, the Government's own disability rights taskforce recommended:

''The Government should consider the future roles of Section 76 of the Town and Country Planning Act 1990, which requires planning authorities to alert developers to disability access requirements, when a suitable legislative opportunity arises. Developers should be alerted to disability access legislation at the earliest opportunity in the planning process''.

The Government's response in ''Towards Inclusion'' in 2001, after another two years had elapsed, was:

''We agree with the Task Force and will review Section 76 when a suitable opportunity arises''.

In 2001, the Labour manifesto committed the Government to implementing basic rights for disabled people and the recommendations of the taskforce to which they had signed up. Time is now running out for the Government to implement their commitment.

Although new clause 30 is not exactly what the Government had in mind, it is pretty much the essence of what they have said they support. The argument that the problem can be dealt with purely through regulation and guidance does not quite cut the mustard, so I am fully minded to push the new clause to a Division.

Question put, That the clause be read a Second time:—

The Committee divided: Ayes 4, Noes 7.

Question accordingly negatived. New Clause 31Enforcement of planning controls