Wednesday 8th June 2022
(2 years, 6 months ago)
Commons ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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The Secretary of State for Levelling Up, Housing and Communities and Minister for Intergovernmental Relations (Michael Gove)
I beg to move, That the Bill be now read a Second time.
I am delighted to be able to move the Second Reading of this Bill. The Government are getting on with the job, and no Department is doing more than my own. There are five Bills in the Queen’s Speech generated from our Department. As well as the Levelling-up and Regeneration Bill, there is legislation to improve conditions for those in social housing, to improve the rights of those in the private rented sector, to ensure that business rates can be updated so that our economy thrives, and to get rid of the pernicious employment of boycott, divestment and sanctions policies by those who seek to de-legitimise the state of Israel. I hope that all five pieces of legislation will command support across this House. They are designed to address the people’s priorities and to ensure that this Government provide social justice and greater opportunity for all our citizens.
This Bill looks specifically at how we can ensure that the Government’s levelling-up missions laid out in our White Paper published in February can be given effect, how we can have a planning system that priorities urban regeneration and the use of brownfield land, and how we can strengthen our democratic system overall.
Robert Halfon (Harlow) (Con)
My right hon. Friend will know that perhaps one of the most exciting pages in the levelling-up White Paper is page 238, which announces that there will be a new hospital health campus in Harlow over the coming years. He knows how important that is because of the fact that our current hospital estate is not fit for purpose despite the incredible work that staff do. Can he confirm that the timeline for our new hospital will be announced in the coming months?
Michael Gove
My right hon. Friend makes an important point. Of the more than 400 pages in the White Paper, page 238 is perhaps one of the most important, not least because it contains an image of what we can hope to see and what my right hon. Friend the Secretary of State for Health and Social Care will be announcing, which is action to ensure that my right hon. Friend’s constituents get the state-of-the-art, 21st-century hospital that they deserve. That would not happen, I am afraid, under the Opposition, because it is only through the investment that we are putting in and the sound economy that has been created under my right hon. Friend the Prime Minister’s leadership that we are able to ensure that the citizens of Harlow get the hospitals that they need.
Caroline Lucas
I wonder if there is a page missing in my copy of the Bill, because I was looking for the net zero test, which I am sure the Secretary of State would agree ought to be applied to all planning decisions, policies and procedures, yet it is conspicuous by its absence. Does he agree that if we are serious about using this Bill to really level up, then we need to have that net zero test? Can he commit to that now?
Michael Gove
I will say three things as briefly as I can. First, the national planning policy framework that will be published in July will say significantly more about how we can drive improved environmental outcomes. Secondly, there is in the Bill a new streamlined approach to ensuring that all development is in accordance with the highest environmental standards. Thirdly, as the hon. Lady knows, under the 25-year environment plan and with the creation of the Office for Environmental Protection, the non-regression principle is embedded in everything that we do. The leadership that my right hon. Friend the Prime Minister has shown, not least at COP26, in driving not just this country but the world towards net zero should reassure her on that front.
John Redwood (Wokingham) (Con)
I am pleased that the Secretary of State believes in more devolution. How much extra devolved power will our councils get to settle the very important issue of how much housing investment we should welcome?
Michael Gove
My right hon. Friend gets to the heart of two of the most important measures in this Bill: strengthening local leadership and reforming our planning system in order to put neighbourhoods firmly in control.
Sir Robert Neill (Bromley and Chislehurst) (Con)
May I follow up on my right hon. Friend’s point about local leadership? What more are we going to do about devolving fiscal responsibility to local authorities? Ultimately, if local authorities have true powers of leadership, they must have the means of raising revenue in their own areas in a way that does not increase taxation but offsets it, so that local decisions are funded locally.
Michael Gove
My hon. Friend, who was a distinguished local Government Minister, makes an important point—a point that was made just as eloquently and forcefully by Ben Houchen, the Mayor of Tees Valley Combined Authority, when he talked about the vital importance of leaders of combined authorities and others having more control over business rates and other fiscal levers. This legislation and the devolution negotiations that we are conducting with Ben and others are designed to move completely in that direction.
Dan Jarvis (Barnsley Central) (Lab)
On the subject of metro Mayors, the Secretary of State will have seen that the decarbonisation summit took place this week. Metro Mayors met and made an offer to the Government to work more closely with them on the transition to net zero. Has the Secretary of State seen the detail of that offer, and if not, will he get in touch with Mayor Tracy Brabin and look at what more can be done to work closely with the Mayors on this important agenda?
Michael Gove
The hon. Gentleman makes a very important point. Across the 12 metro Mayors, we have seen examples of leadership on the environment and the move towards net zero, and indeed on the modernisation of transport systems. I know that the Mayor of West Yorkshire is particularly keen to ensure that transport and spatial planning are aligned to drive progress towards net zero. I will do everything I can to work with the Mayors of West Yorkshire and South Yorkshire.
Michael Gove
Talking of South Yorkshire, I can see that the Chair of the Levelling Up, Housing and Communities Committee wants to intervene.
Mr Betts
I want to follow up on the two questions that Conservative Members have asked about transferring powers to local authorities and Mayors. I can see in the Bill welcome proposals to expand combined authorities to more parts of the country, particularly to county areas. What I cannot see anywhere—if I am wrong, the Secretary of State will point me to the precise clause—is the making available of more powers that are currently not devolved to any local authorities. Are any such powers going to be devolved, and if so, in which clause do they appear?
Michael Gove
The Chair of the Select Committee brings me to an important point, which is that this legislation is complemented by other activity that Government are undertaking on levelling up. That activity involves negotiations with metro Mayors, for example in the west midlands and in Greater Manchester, on the devolution of more powers. When my good friend the former Member for Tatton initiated the programme of devolution to metro Mayors, he did so by direct discussion with local leaders. We will be transferring more powers, and we will update the House on the progress we make in all those negotiations. I noted a gentle susurration of laughter on the Opposition Front Bench, but I gently remind them—I sure the Chair of the Select Committee knows this—that when Labour were in power, the only part of England to which they offered devolution was London. This Government have offered devolution and strengthened local government across England.
As I look at the Benches behind me, I find it striking that in this debate on this piece of legislation, which is about strengthening local government and rebalancing our economy, the Conservative Benches are thronged with advocates for levelling up, whereas on the Labour Benches there are one or two heroic figures—such as the hon. Member for Barnsley Central (Dan Jarvis) and the hon. Member for Wansbeck (Ian Lavery), who are genuine tribunes of the people—but otherwise there is a dearth, an absence and a vacuum.
Talking of dearths, absences and vacuums, may I commend to the Labour Front Benchers the speech given by Lord Mandelson today in Durham—a city with which I think the Leader of the Opposition is familiar—in which he points out that Labour has still not moved beyond the primary colours stage when it comes to fleshing out its own policy? In contrast to our levelling-up White Paper and our detailed legislation, Lord Mandelson says that Labour is still at the primary stage of policy development, but I think it is probably at the kindergarten stage.
We have put forward proposals, and we are spending £4.8 billion through the levelling-up fund and similar sums through the UK shared prosperity fund, to make sure that every part of our United Kingdom is firing on all cylinders—and from Labour, nothing. When it comes to addressing the geographical inequality that we all recognise as one of the most urgent issues we need to address, it is this Government who have put forward proposals on everything from strengthening the hand of police and crime commissioners, to strengthening the hand of other local government leaders, and providing the infrastructure spending to make a difference in the communities that need it.
Richard Graham (Gloucester) (Con)
My right hon. Friend rightly makes a powerful case for devolution and increased democracy, but is he aware that under this Bill, a combined authority can be created that transfers powers from second-tier councils to itself, without needing the councils’ consent? That is different from the position under the Local Democracy, Economic Development and Construction Act 2009. Does he agree that that would be tragic for real devolution to the lowest possible level, and that the consent of district councils to the transfer of any powers must be secured?
Michael Gove
My hon. Friend makes an important point, and it gives me an opportunity to pay tribute to and thank those who work at district council level. As we look at the pattern of local government across this country, it is important to recognise that one size does not fit all. Although I am a strong advocate of the mayoral combined authority model, and it has clearly brought benefits in areas such as Tees Valley and the west midlands, we need to be respectful of district councils and the structure of local government in those parts of the country that do not—and, indeed, need not or should not—move towards that model. I look forward to engaging with him and the Association of District Councils on how we can make sure that our devolution drive is in keeping with the best traditions in local government.
As my hon. Friend reminds the House, the devolution proposals outlined in the Bill extend the range of areas that can benefit from combined authority powers, and they strengthen scrutiny. One criticism that has sometimes been made of the exercise of powers by Mayors in mayoral combined authorities is that there has been inadequate scrutiny, particularly by the leaders of district authorities within those MCAs. Our Bill strengthens those scrutiny powers, and in so doing strengthens local democracy overall. That is in line with the progress that the Government have made, including on the Elections Act 2022, which the Minister for Local Government, Faith and Communities, my hon. Friend the Member for Saffron Walden (Kemi Badenoch), brought in.
When we talk about levelling up, and particularly when we think about changes to our planning system, we absolutely need to focus on effective measures to regenerate our urban centres. One challenge that the country has faced over the last three or four decades has been the decline in economic activity and employment in many of our great towns and cities. We need to make sure that people’s pride in the communities where they live is matched by the resources, energy and investment that they deserve.
I saw some of that energy on display when I was in Stoke-on-Trent just three weeks ago, under Abi Brown, the inspirational Conservative leader of Stoke-on-Trent City Council. Real change is being driven to ensure that all the six towns that constitute Stoke-on-Trent have their heart strengthened, their pride restored and investment increased.
Jonathan Gullis (Stoke-on-Trent North) (Con)
Will my right hon. Friend give way?
Michael Gove
I am just about to refer to my hon. Friend. In order to ensure that people have the tools they need, we need to tackle some of the things that generate urban blight. We need to deal with the problem of empty shops, vacancies and voids on our high street, which not only depress economic activity but contribute to a lower footfall and less of a sense of purpose, buzz and energy in our communities. That is why, following on from the ten-minute rule Bill introduced by my hon. Friend, we will be bringing forward compulsory rental auctions, so that lazy landlords who leave properties void when they should be occupied by local community trusts, businesses or entrepreneurs will be forced to auction those properties, to ensure that we have the entrepreneurs that we need and the small businesses that we want on the high streets that we love.
Jonathan Gullis
May I personally thank the Secretary of State? He came to the great towns of Tunstall and Burslem to see at first hand the regeneration of brownfield sites to create hundreds of new homes, and to look at the blight of rogue and absent landlords on our high streets in the town of Tunstall. He has sat down and met me on many occasions to look at this legislation, and it is a big win for the city of Stoke-on-Trent, as well as for Members from across this House. I want to put on the record a “Thank you” on behalf of the people of Stoke-on-Trent North, Kidsgrove and Talke.
Michael Gove
The communities of Tunstall, Burslem and Kidsgrove could not have a better advocate than my hon. Friend, and I could not have a better ally in shaping measures on urban regeneration. To drive urban regeneration, we will be increasing the council tax surcharge on empty homes. That is a means of making sure that we deal with that scourge and bring life back to all our communities.
Critically, we will also reform the compulsory purchase rules, because the way those powers operate often thwarts the desire of Homes England and others involved in the regeneration business to assemble the brownfield land necessary to build the houses and to get the commercial activity that we want in those communities. The reform in the Bill will ensure that the assembly of land required for urban regeneration becomes easier, so more of the homes that we need are built in the communities that need them in our towns and cities, rather than on precious green fields. The legislation also introduces new measures to facilitate the creation of the urban development corporations that have been integral in the past in driving some of the changes that we wish to see.
A significant part of the Bill seeks to reform the planning system, which I know is an issue of concern across the House of Commons. We all recognise that we have a dysfunctional planning system and a broken housing market. There is a desperate need for more new homes to ensure that home ownership is once more within the reach of many. It is more than just the planning system that needs to change: as my right hon. Friend the Prime Minister will outline later this week, changes need to be made to everything from the mortgage market to other aspects of how Government operate to help more people on to the housing ladder. Planning is part of that.
As well as making sure that we have the right homes in the right places, we must recognise, as the Bill and my Department do, why there has been resistance to new development in the past. Five basic and essential factors have led to resistance to development and our Bill attempts to deal with all of them. First, far too many of the homes that have been built have been poor quality, identikit homes from a pattern book that the volume of housebuilders have relied on, but that have not been in keeping with local communities’ wishes and have not had the aesthetic quality that people want.
One of my predecessors in this role, Nye Bevan, when he was the Minister responsible for housing in the great 1945-51 Government, made it clear that when new council homes are built, the single most important thing should be beauty. He argued that working people have a right to live in homes built with the stone and slate that reflect their local communities and were hewn by their forefathers, so that when someone looks at a council home and a home that an individual owns, they should not be able to tell the difference, because beauty is everyone’s right. I passionately believe that that is right and there are measures in the Bill to bring that forward.
Ruth Cadbury (Brentford and Isleworth) (Lab)
The Secretary of State rightly references the important role of local people in new developments, but the Osterley and Wyke Green Residents’ Association and Brentford Voice have expressed their concerns that the national development management policies in the Bill give the Secretary of State powers to overrule local people and the local plan, and that unlike for national policy statements, there is no requirement for parliamentary approval. In reality, is the Bill not the latest in a long line of power grabs by this Government?
Michael Gove
I am allergic to power grabs. I am entirely in favour of relaxing the grip of central Government and strengthening the hand of local government, which is what the planning reforms here do. The reference to the national development management policies is simply a way to make sure that the provisions that exist within the national planning policy framework—a document that is honoured by Members on both sides of the House, of course—do not need to be replicated by local authorities when they are putting together their local plans. It is simply a measure to ensure that local planners, whose contribution to enhancing our communities I salute and whose role and professionalism is important, can spend more time engaging with local communities, helping them to develop neighbourhood plans, and making sure that our plans work.
Sir Desmond Swayne (New Forest West) (Con)
May I suggest some powers that the Secretary of State might like to grab?
Sir Desmond Swayne
I suggest that the Secretary of State addresses a problem to which national parks are particularly prone, where a historic lawful development certificate is acquired because a caravan was previously located there, affording huge development on the basis of permitted development rights over which the national park authority and the planning authority have no control. That is a power that needs to be grabbed and given back to local authorities.
Michael Gove
I hear the important point about national parks, and the echo from my hon. Friend the Member for Isle of Wight (Bob Seely) with reference to areas of outstanding natural beauty. The environmental protections in the Bill should meet that need, but I look forward to working with my right hon. Friend and my hon. Friend in Committee to ensure that the protections are there.
Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)
My right hon. Friend has referred to the national development management policies. There is great concern that they will override local planning authorities, which spend a great deal of time preparing their local plans that are then approved by Government inspectors. It would be quite wrong if national Government overrode them, and it would destroy the careful balance that has existed since the Town and Country Planning Act 1947, in which planning was devolved to local authorities.
Michael Gove
My hon. Friend gives me the opportunity to reassert that the NDMPs will not override local plans. Local plans have primacy—that is perfectly clear in this legislation. As a result of strengthening the plan- making system, we will make sure that we deal with the issues and questions that have led particular communities to resist development in the past.
I mentioned the importance of beauty. Specifically, for example, we will strengthen the role of design codes in local plans. Through our new office for place, which is a successor in some respects to the Commission for Architecture and the Built Environment but even better in its drive, we will be in a position to ensure that beauty is at the heart of all new developments. In particular, I pay tribute to my predecessors in this role, my right hon. Friend the Member for Newark (Robert Jenrick) and the late James Brokenshire, who worked to ensure that beauty, quality and higher aesthetic standards were at the heart of new architectural developments and did so much to reset the debate away from where it has been in the past and towards a brighter future.
Theresa Villiers (Chipping Barnet) (Con)
Will the Secretary of State give way?
Mr Betts
On a point of order, Madam Deputy Speaker. I am sure that the Secretary of State would not want to inadvertently mislead the House. In response to the question from the hon. Member for The Cotswolds (Sir Geoffrey Clifton-Brown) about the conflict between local plans and national policies, he made a comment—
Madam Deputy Speaker
I thank the Secretary of State. The hon. Gentleman is a senior Member of the House. It does not seem to be a point of order for me, but a point of argument with the Secretary of State, who is willing to give way. Will the hon. Gentleman withdraw his point of order so we can allow the Secretary of State to continue?
Madam Deputy Speaker
I thank the hon. Gentleman for withdrawing his non-point of order. I hand the Floor back to the Secretary of State.
Michael Gove
I understand that the hon. Gentleman wishes to intervene; I am delighted to give way.
Mr Betts
I thank the Secretary of State for giving way. Clause 83(2) proposes a new section 38(5C) to the Planning and Compulsory Purchase Act 2004, which says:
“If to any extent the development plan conflicts with a national development management policy, the conflict must be resolved in favour of the national development management policy.”
That is what it says—it overrides the local plan. It is in the Bill.
Michael Gove
It has always been the NPPF’s function to have those national policies, which have been agreed and which ensure that plans are in conformity with what this House wills our overall planning system to be. It is no more than a more efficient way to make sure that the existing NPPF and any future revisions of it are included in local plans.
Another reason why we sometimes see opposition to development is infrastructure. One of the critical challenges that we must all face when we contemplate whether new development should occur is the pressure that is inevitably placed on GP surgeries, schools, roads and our wider environment. That is why the Bill makes provision for a new infrastructure levy, which will place an inescapable obligation on developers to ensure that they make contributions that local people can use to ensure that they have the services that they need to strengthen the communities that they love.
Of course, section 106 will still be there for some major developments, but one of the problems with section 106 agreements is that there is often an inequality of arms between the major developers and local authorities. We also sometimes have major developers that, even after a section 106 has been agreed—even after, for example, commitments for affordable housing and other infra- structure have been agreed—subsequently retreat from those obligations, pleading viability or other excuses. We will be taking steps to ensure that those major developers, which profit so handsomely when planning permission is granted, make their own contribution.
Marsha De Cordova (Battersea) (Lab)
On the issue of viability that the Secretary of State has just raised, how does the Bill seek to prevent developers from going back and using viability as an angle to, say, reduce the number of affordable homes that they are expected to build in any new development?
Michael Gove
The reason for the infrastructure levy is that it ensures a local authority can set, as a fixed percentage of the land value uplift, a sum that it can use—we will consult on exactly what provisions there should be alongside that sum—to ensure that a fixed proportion of affordable housing can be created. The hon. Lady is quite right to say that there are some developers that plead viability to evade the obligations that they should properly discharge.
Andrew Selous (South West Bedfordshire) (Con)
The Secretary of State will be aware that, at the moment, someone can build tens of thousands of houses but people wait years and years for increased general practice capacity. Those from the Rebuild Britain campaign whom I met this morning tell me that they believe that integrated care boards and trusts will be prevented from requesting section 106 money to mitigate the impact of new housing, and medical facilities are but one of 10 types of infrastructure that there is no duty on local authorities to provide. Is he really confident that this will be better under the current Bill?
Michael Gove
I am absolutely confident it will be better, but my hon. Friend makes a very important point, which is that section 106 agreements—sometimes they work, and in many cases they do not—do need to be improved, and the proposals for our new infrastructure levy should do precisely that. However, the way in which the infrastructure levy will operate is something on which we will consult to ensure that it covers not just the physical infrastructure required but, as he quite rightly points out, the provision of critical healthcare.
Michael Gove
I am anxious to make just a wee bit more progress, because I am conscious that there are lots of folk who want—[Interruption.] Oh, all right then.
Rachel Hopkins
The Secretary of State is being generous with his time. This is about the infrastructure levy and the timing of its payment. At the moment, it appears that payment is going to be on completion, which benefits developers, but not the local authorities and place makers that will need to put in the infrastructure up front.
Michael Gove
The way the levy is going to operate will mean that, if the development value—the value uplift—for the developer is greater over time, local communities can get more of it. It is a way of making sure that there is appropriate rebalancing. Again, one of the things I want to stress, because it is important to do so, is that there are strengthened powers in the Bill to deal with some of the sharp practices we sometimes see in the world of development and construction. There are stronger enforcement powers, stronger powers to ensure that we have build out and stronger powers to deal with the abuse of retrospective planning permission within the system. I look forward to working with the hon. Lady and others to ensure that all those enforcement powers are fit for purpose.
Michael Gove
Ah, yes—brilliant! I give way to my hon. Friend the Member for Runnymede and Weybridge (Dr Spencer).
Dr Spencer
I thought there was going to be a bit of a fight there over who would intervene. I thank my right hon. Friend for giving way, and I welcome the provisions on planning enforcement. A key intervention, however, is to break the business model of rogue developers. Would he look again at the debate we had last year on my Planning (Enforcement) Bill, so that we can enhance these important powers to break this model and ensure that people cannot profit from gaming the planning enforcement system?
Michael Gove
Yes. The reason I was so pleased to be able to give way to my hon. Friend and constituency neighbour is that I think his legislation and the arguments he made were incredibly powerful. I am a bit wary about criminalisation, but I am keen to explore with him and others how we can have effective tools—real teeth. We have some proposals in the Bill, but they may not go far enough, which is why I hope we can discuss in Committee exactly what we need to do to ensure that enforcement is stronger.
I should say—I touched on the environment briefly earlier—that as well as making sure we have new development that is beautiful, that is accompanied by infrastructure and that is democratically sanctioned, we need to make sure we have new development that is appropriately environmentally sensitive. Let me repeat—
Mr Robertson
I am very grateful to my right hon. Friend for giving way. Just before he entirely leaves the issue of infrastructure, to which he is right to draw attention, one of the big problems is that the water companies do not provide adequate drainage systems when new builds are being proposed, so should they not have such systems in place before new developments actually start?
Michael Gove
My hon. Friend is getting me on to a subject that I have often touched on in the past, which is the role of water companies overall. When I was fortunate enough to be Secretary of State for Environment, Food and Rural Affairs, I was able to talk to the water companies about the way in which they have privileged financial engineering over the real engineering required to ensure that new developments are fit for purpose, and in particular about how we deal effectively with a lack of investment in infrastructure, such as a lack of effective treatment of waste water. The way in which some of the water companies have behaved, frankly, is shocking, which is why my right hon. Friend the Secretary of State for Environment, Food and Rural Affairs will be bringing forward more proposals to ensure that the water companies live up to their proper obligations, because it is a matter of both infrastructure and the environment.
I mentioned earlier that the environmental outcome reports, which the Bill makes provision for, will strengthen environmental protection, and of course the Department for Environment, Food and Rural Affairs is helping to ensure that biodiversity net gain is integrated fully into the planning system to make sure we have the enhanced environment that all of us would want to pass on to the next generation.
As we recognise the need to develop homes in the future that are beautiful, with the right infrastructure, democratically endorsed and with the environmental externalities dealt with appropriately, we also want to ensure that they are parts of neighbourhoods, not dormitories. That is why it is so critical that we deal with one or two of the flaws—I will put it no more highly than that—within the current planning system. Such flaws mean, for example, that we can have developers that, because they do not build out, subsequently exploit the requirement for a five-year housing land supply to have speculative development in areas that local communities object to. We will be taking steps in this legislation and in the NPPF to deal with that.
We will also be taking steps to ensure that the Planning Inspectorate, when it is reviewing a local plan and deciding whether it is sound, does not impose on local communities an obligation to meet figures on housing need that cannot be met given the environmental and other constraints in particular communities. There are two particular areas, I think, where the Planning Inspectorate —and it is simply following Government policy—has in effect been operating in a way that runs counter to what Ministers at this Dispatch Box have said over and over again. That has got to change, and it is through both legislation and changes to the NPPF that we will do so. We will end abuse of the five-year land supply rules, and make sure that, if local authorities have sound plans in place, there cannot be such speculative development. We will also make sure that, even as we democratise and digitise the planning system, we are in a position to make sure that the Planning Inspectorate ensures not that every plan fits a procrustean bed, but that every plan reflects what local communities believe in.
Several hon. Members rose—
Michael Gove
Wow! Yes, I give way to my right hon. Friend the Member for North Somerset (Dr Fox).
Dr Liam Fox (North Somerset) (Con)
Will my right hon. Friend go further for the sake of clarity, and make sure that there is, if not an equation, at least a clear mechanism by which local authorities can net off the contradictory elements—floodplain, green belt—so that they are not asked to build houses in inappropriate numbers simply because of a national target?
Michael Gove
Exactly right—my right hon. Friend is spot-on. We do need to have a more sophisticated way of assessing housing need, and that is something we will be doing as part of revisions to the NPPF, but the protections my right hon. Friend quite rightly points out are integral to ensuring that there is democratic consent for development.
Jane Stevenson (Wolverhampton North East) (Con)
In Wolverhampton, we have developed right up to my northern boundary, which borders South Staffordshire. That land is currently under proposal for housing, and my residents in Wednesfield and Fallings Park really object to losing their beautiful green space and green belt. Could the Secretary of State reassure them that their views will be taken into account, even though this crosses local authorities and is at the edge of the West Midlands mayoralty?
Michael Gove
Absolutely. First, my hon. Friend’s constituents could not have a better champion. Secondly, green belt protection is critical. Thirdly, we will ensure that a local plan protects those areas of environmental beauty and amenity. Fourthly, we will also end the so-called duty to co-operate, which has often led some urban authorities to offload their responsibility for development on to other areas in a way that has meant that we have had not urban regeneration but suburban sprawl.
Several hon. Members rose—
Michael Gove
I am happy to give way to my hon. Friend the Member for Rochester and Strood (Kelly Tolhurst) and then my hon. Friend the Member for Bosworth (Dr Evans) and my hon. Friend the Member for Isle of Wight (Bob Seely).
Kelly Tolhurst (Rochester and Strood) (Con)
On the issue of constraints, can my right hon. Friend give us some further detail about whether the local authority could argue for constraints on the basis of economic areas, for example? Could that be an opportunity to save my dockyard from closure, following a proposal for flats to meet a housing target?
Michael Gove
Again, a variety of factors can be part of a sound local plan. Indeed, at the moment, permitted development right provisions that allow us to move from commercial to residential are capped at a certain size to ensure that we recognise that some commercial sites should not be moved over to residential. In a way, that is often sensible, but not always, and certainly not when we are thinking about an historic dockyard that has existed since the days of Samuel Pepys.
Dr Luke Evans (Bosworth) (Con)
The Secretary of State is making a great argument on solving some of the flaws in the system. He may not have been privileged enough to be at the debate that I held yesterday on neighbourhood planning. One of the problems that came out was that, if a council does not have an up-to-date local plan—my Liberal Democrat-run borough council does not have one—neighbourhood plans get ridden roughshod over. What can my community do to stop and prevent the sprawl that happens in my constituency?
Michael Gove
I am shocked—shocked, I tell you—that a Liberal Democrat authority does not have a plan in place and, as a result, housing numbers are spiralling out of control. Imagine what would happen in other beautiful parts of our country such as Devon, in a community such as Tiverton, or Honiton, if Liberal Democrat politicians were in charge. I reassure my hon. Friend that this legislation will ensure that if you have a local plan in place—preferably one put in place by Conservative councillors—you will safeguard your green spaces and natural environment, and you will not have those developers’ friends—the Liberal Democrats—concreting over the countryside.
Bob Seely
On the Isle of Wight, we are separated by sea from the mainland. Our local building industry builds between 200 and 300 homes a year, and we cannot really build more. The standard methodology gives us ridiculous targets of 700-plus, and the nonsense of the mutant algorithm would have given us 1,200-plus. Even in the current consideration, we are forced to offer targets that realistically we cannot hope to build. What reassurance can he give the Island?
Michael Gove
My hon. Friend makes an important point. I think it is the case that the thinker who coined the phrase “mutant algorithm” is my hon. Friend the Member for Harborough (Neil O'Brien), who is now an Under-Secretary in the Department and working with me and the Minister for Housing to address precisely the concerns that he outlined. We need to build more homes, but we also need to ensure that how we calculate need and how plans are adopted is much more sensible and sensitive.
Michael Gove
Talking about sensible and sensitive, I give way to my right hon. Friend.
Theresa Villiers
The Secretary of State is saying much that suggests that he believes we should rein in the Planning Inspectorate and give back to local authorities more control over planning, but that is not in the Bill. So is he today at the Dispatch Box saying that he will table amendments to the Bill along those lines?
Michael Gove
I will say two things. First, I hope to work constructively with Back Benchers across all parties to ensure that the Bill is strengthened. I have never seen a piece of legislation introduced to the House that could not be improved in Committee, and I know that this Bill will be. I also look forward to good ideas, if they come, from Opposition Front Benchers.
Secondly, it is also the case that the publication of a revised NPPF and NPPF prospectus will help us to appreciate what the nature of the further amendments should be. As my right hon. Friend knows, in one or two areas of the Bill, there are placeholders, where more work requires to be done. I am frank about that and I look forward to working with her.
Several hon. Members rose—
Michael Gove
I am conscious that lots of people want to speak in the debate. I will accept interventions from the four people who are standing up, but I fear that I cannot take any more interventions. I will then briefly end.
Madam Deputy Speaker (Dame Eleanor Laing)
Order. The Secretary of State has just said what I was hoping he would say, so I do not have to say it. Sixty-two Members wish to speak in the debate. The time limit will be very short for each speech, and every intervention made is stopping somebody from getting to speak later. I have noted who has made the most interventions.
Michael Gove
I give way to the hon. Member for Warwick and Leamington (Matt Western).
Matt Western (Warwick and Leamington) (Lab)
The Secretary of State is being generous. On housing and the constraint of local authorities, in my constituency, we have an over-supply of 4,000, which a previous Housing Minister described as “very ambitious”—in other words, too much development. May I bring him back to the lack of GPs in infrastructure supply through development? Will he make NHS Providers a statutory consultee in any of these developments?
Andrew Gwynne (Denton and Reddish) (Lab)
I am interested in what the Secretary of State has said about the re-emphasis on the environmental protections. Of course, in urban areas, that is often urban green space rather than green belt. I have a case in Haughton Green in my constituency where the council closed Two Trees high school. When it closed the school, it said that there would be housing on the footprint of the school but that the fields around the school, in a heavily urbanised area, would be protected, so there would be a green doughnut. It now says that it has to build on the entire site to meet the Government’s housing targets. With what he just said, does he give hope to the people of Haughton Green that the council can look at Two Trees again?
Michael Gove
I cannot comment on a specific planning application for reasons that the hon. Gentleman knows well, but I appreciate the strength of his point and will ask the Minister for Housing to engage with him more closely on both that specific issue and the broader policy points that he raised.
Rachael Maskell (York Central) (Lab/Co-op)
As the Secretary of State knows, York also has a Liberal Democrat-run council, and the challenge we have is that the council is not building the tenure of housing that my local residents can afford either to rent or to buy. So how will this legislation really shift the dial on affordability?
Michael Gove
I have a lot of sympathy for the hon. Lady and the situation in which she finds herself. I know that she is a doughty champion for York—it is a beautiful city, and a potential home for the House of Lords if it does not want to move to Stoke—and that York needs the right type of housing and commercial investment. I look forward to working with her and with Homes England, and also to consider what we can do in the Bill to deal with some of the consequences of some of her constituents foolishly having voted for Liberal Democrats at the local level.
Munira Wilson (Twickenham) (LD)
The Secretary of State was asking for good ideas on things that have been missed in the Bill. On building more social and affordable housing and GP surgeries, there is a missed opportunity here to ensure that public sector-owned assets such as land and buildings, including police stations, can be sold for slightly below market value where a GP surgery is needed or housing associations want to build social housing. He is aware that I have been campaigning for that on Teddington police station in my constituency, which the Labour Mayor wants to sell to the highest bidder for luxury housing, even though the community wants a new GP surgery and more affordable housing. Will he put that provision in the Bill?
Michael Gove
Well, this is a first. It is the first time—certainly in the last seven years—that there has been a Lib Dem policy proposal that makes sense. I am nostalgic for those coalition years when, every so often, there was a Lib Dem policy proposal that made sense—they normally came from people who are no longer in the House—and that one does. Yes, she is absolutely right.
Madam Deputy Speaker, I should probably quit while I am ahead. We have consensus on one particular area where reform is needed. I stressed earlier, in introducing the Bill, that it sets out to ensure that urban regeneration becomes a reality, that our planning system is modernised, that the missions we have to level up this country are on the face of the Bill and that we are accountable to this House. There are so many colleagues who want to contribute, because that mission is so important. I beg leave to ask the House to give the Bill its Second Reading. With that, Madam Deputy Speaker, I will sit down.
The Minister for Housing (Stuart Andrew)
It is my pleasure to deliver the closing speech on Second Reading of the Government’s Levelling Up and Regeneration Bill. I begin by thanking hon. and right hon. Members from all parts of the House for their thoughtful contributions to this afternoon’s debate. Before I address some of the points that have been raised, I should say that accompanying each of the 12 missions in our levelling up White Paper, enshrined in law by this Bill, is a clear commitment from this Government to work with all political parties, across all four nations and all tiers of government, to build a stronger, fairer and more united country after covid.
Despite the negativity we have heard from the Opposition Front Benchers, I am pleased to report that when I go around the country, I find that Mayors and leaders of all political persuasions are keen to work with us to deliver this mission. I believe that the Bill will help us to make this shared vision a reality by supporting local leaders to take back control of regeneration, end the blight of empty shops and deliver the quality homes that communities need. It is about giving them the tools that they need to deliver, along with the other major pieces of work that Government are doing in this area. I am grateful to hon. Members who continue to engage constructively with us on the provisions of this Bill so that it delivers the transformative change that we all want.
Liam Byrne
Could the Minister say a word about how he will use the missions to drive the reduction of inequalities in our country? One approach that the Labour Government tried was the use of floor targets in neighbourhood renewal funds. He may have a different approach, but that detail is terribly important.
Stuart Andrew
The right hon. Gentleman will have seen that, as the Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for Harborough (Neil O’Brien) just reminded me, we have a whole annexe with the measures on that and we will be held to account by Parliament. That is the right thing to do. I cannot recall there ever being missions like this before Parliament so that every single Member of the House can challenge the Government on whether they have reached those objectives; it is a real opportunity for Parliament to hold the Government to account on those missions.
I echo the sentiment of my right hon. Friend the Secretary of State when he said in his opening remarks that we will continue to work closely with right hon. and hon. Members to further hone and refine the legislation before it is put on the statute book. We want to build on our £4.8 billion levelling-up fund which, as hon. Members know well, is supercharging connectivity by building the next generation of roads, bridges, cycle networks and digital infrastructure. Through the UK shared prosperity fund, more than £2.6 billion is being spent to help people in the most deprived parts of the country to access more opportunities and pursue better careers. With more than £2 billion pledged by my Department over the next three years, we are helping local authorities to redouble their efforts to tackle homelessness and rough sleeping, building on the incredible achievements in the pandemic.
I will turn to some of the issues that were raised today. One issue that hon. Members on both sides of the House spoke about, including my hon. Friends the Members for Stoke-on-Trent Central (Jo Gideon) and for Stoke-on-Trent South (Jack Brereton)—I understand that they are calling themselves “levelling-up central”—and the hon. Members for Denton and Reddish (Andrew Gwynne) and for York Central (Rachael Maskell), and my hon. Friends the Members for Gosport (Dame Caroline Dinenage) and for Don Valley (Nick Fletcher), is the importance of breathing new life into our high streets, towns and city centres, all of which were especially hard hit by the covid pandemic and now require investment and support to adapt and thrive.
Many hon. Members spoke about the importance of entrusting councils, which know their areas best, to get on with the job and to green light regeneration schemes in their areas. We agree, which is why the Bill liberates councils to more easily redesign and regenerate their communities. The Bill allows local authorities to hold high street rental auctions so that landlords are encouraged to put empty buildings to good use. It makes the temporary freedoms around al fresco dining permanent, so that we can create more buzzing vibrant high streets. I have listened carefully to my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) and I will take her thoughts further—well, I would not be allowed not to do so.
Most importantly, the Bill makes it much easier for councils to issue compulsory purchase orders so that they can repurpose boarded-up shops and derelict sites. All those changes are accompanied by a series of common-sense reforms that will mean that no council has to pay over the odds in hope value to landowners when it issues compulsory purchase orders—a small change that will deliver big savings for the public purse. We will publish further details on how we intend to use those powers in the Bill. It should hopefully go without saying that we are more than willing to engage with hon. Members in the process.
One issue that is guaranteed to provoke lively debate in this place is planning reform, as we have seen today. I was going to list all the hon. Members who have raised planning concerns with me, but I suspect that I would run out of time. I am extremely grateful to all hon. Members who have engaged with the Government and with me on that issue over many months. We have listened intently to their feedback, and that is reflected in the fresh reforms that we have set out in the Bill.
Some may defend the status quo and question whether there is still a case for planning reform amid everything else that is going on, but let us look again at the facts. It currently takes on average seven years for councils to prepare a local plan, and, in some cases, five years before a spade even hits the ground. Response rates to a typical pre-planning consultation are around 3%, and that drops to less than 1% in local plan consultations. I say to hon. Members that we cannot deliver the homes that this country needs without planning reform, and we cannot level up communities without the improvements set out in the Bill. As my hon. Friend the Member for South Norfolk (Mr Bacon) rightly pointed out, we need these homes. I commend him for his excellent report and the proposals he has made to help people to build their own homes.
This Bill will simplify the content of local plans and standardise the process in a much shorter time, with improved local engagement. With more local plans in place, there will be far less speculative development, giving communities transparency and a real voice to influence what is built in their area. Our digital reforms will also move us beyond the days of laminated notices on lamp posts to fully accessible planning applications that people can view on their iPads and smartphones at home.
I am, of course, still continuing to listen to hon. Members. On the issue of local housing need and the targets, I should make it clear that they are not targets. They are there to inform the development of a plan, but in reality we know from listening to colleagues that they have been treated rather stringently. As my right hon. Friend the Secretary of State said in his opening comments, we need a more sensible approach and we are looking at that at pace.
Ben Bradley
My right hon. Friend rightly points out that planning often leads to a heated debate in this Chamber and can be quite a complicated issue. He also knows that the other elements of the Bill such as devolution, locally-led development corporations and all the other factors can have a huge beneficial impact on our areas. Can he assure me that the complicated planning debates and discussions among colleagues will not be allowed to delay the outcome on those other much more straightforward and well-supported parts of the Bill?
Stuart Andrew
My hon. Friend is challenging me to expose my parliamentary expertise, but this is really in the hands of the Committee, so I would ask him to kindly lobby members of the Committee to help me get the Bill through, and I can help him with his aim.
Let me mention a key element that people have been raising, which is the issue of the five-year land supply. If an area has an up-to-date local plan, it will no longer need to demonstrate such a land supply, and that is so that we can stop speculative development.
Chris Grayling
Part of the problem we face—for example, in an area where there are small local district councils in charge of planning—is that, however much Ministers may say that targets are not targets, the local officers see them as such and see their task as being to implement a number that has landed on their desk. It is really important during this process that we break free of that. One of the reasons that councils are taking so long to form their plans is, frankly, that it takes so long for them to work out what on earth to do with the targets. Can my right hon. Friend please bear in mind, as he takes the Bill through, how we send clear messages to councils about what they are and what they are not expected to do?
Stuart Andrew
I thank my right hon. Friend for that intervention. He knows—we have had a number of conversations on this very issue—that these are the things we are looking at. I look forward to bringing them forward as part of the Bill.
I want to touch on the issue of build out. I have heard loud and clear from colleagues, and so has my right hon. Friend the Secretary of State, about the issue of developers seeming to take a long time from approval to build houses. These commencement orders and an agreed rate of delivery will, we hope, help us to get such permissions built out much more quickly.
A number of Members—my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), my hon. Friend the Member for Buckingham (Greg Smith) and others—have raised their concerns about the national development management policies. One of the key aims of the Bill is to reduce the administrative burden on local councils so that they can concentrate on delivering high-quality, locally-led plans. That is why, through this Bill, we hope to shift the onus of delivering on national priorities to central Government through introducing a set of national development management policies. These policies will cover the most important national planning issues facing the sector, including net zero, tackling climate change and making sure that we are also dealing with heritage issues and protections of green belt.
To those who are concerned that these provisions will somehow override local plans, I would say that that is not the intention. The intention is to produce swifter, slimmer plans to remove the need for generic issues that apply universally, which will help us to reduce time-consuming duplication, and to ensure that local plans are more locally focused and relevant to the local communities. I hope that, during the passage of this Bill, we will be able to give more assurance on that.
Andrew Gwynne
The Minister will know that Stockport, which is one of the two councils that covers my constituency, pulled out of the Greater Manchester spatial framework, largely because even though Manchester and Salford were taking a large chunk of its housing allocation, its councillors were against green belt development.
Stockport is a very tightly constrained borough surrounded by green belt. It is now in the process of developing a local plan, but it will have to meet even higher housing targets. Will the Minister guarantee that if Stockport develops a local plan that meets the needs of Stockport but saves and protects the green belt around Stockport, he will support it?
Stuart Andrew
The hon. Member knows that I cannot comment on individual plans. [Interruption.] The hon. Member for Wigan (Lisa Nandy) would be the first to apply for an urgent question asking me to explain why I prejudged a local plan. What I would say, in general terms, is that it is clear that local authorities can argue the constraints that they may have, and his local authority may be planning to do that; I do not know.
Let me move on, because I am conscious of time. I turn to second homes, because, if I did not, my hon. Friend the Member for North Devon (Selaine Saxby), as well as my hon. Friends the Members for St Ives (Derek Thomas) and for Penrith and The Border (Dr Hudson) and others, would be rather angry with me. We have put provisions in the Bill to try to help on that, and I know that she wants us to go further. I have made a commitment to come down to the south-west to hold a series of roundtables and see the issues for myself. We will see what else can be done as we go through the Bill’s passage.
Rachael Maskell
In addition to second homes, we have the challenge of Airbnbs, which of course the Bill does not mention, and yet they are blighting our communities as they take out existing stock and dominate new stock that is being built. Will the Minister look again—it is urgent—to put an amendment into the Bill to address that serious issue?
Stuart Andrew
In fact, I had a meeting just this morning to talk about that very issue. I will report back in due course, if that is okay.
Tim Farron
The Minister is being very generous in giving way. I concur with the hon. Member for York Central (Rachael Maskell), but will he also carefully consider introducing an amendment in Committee that would make second home ownership a separate category of plan and use? That is obviously the clearest way in which we could control second home ownership in communities such as mine and in other parts of the country. Will he at least consider that in the coming weeks?
Stuart Andrew
I am keen to ensure that we get it right. Of course I will consider it, because I want to ensure that we consider all aspects. There could, however, be unintended consequences in other parts of the country. We will want to ensure that we get it right, but I will look at all options. I have made that commitment to numerous colleagues who have raised the issue with me.
I turn to infrastructure. I want to mention in particular my hon. Friend the Member for South West Bedfordshire (Andrew Selous) , who seems to secure a Westminster Hall debate on this issue every other week. I congratulate him on that. Many have asked what the Bill means for our infrastructure: our roads, bridges, schools, GP surgeries and so on. This is where I believe communities stand to really benefit from our reforms. All of us know that, without new infrastructure, when people see new homes going up in their community, too often they fear the worst. They fear that it will result in more congested roads, busier trains and fewer services to go around.
I hope that the proposals that we have set out in the Bill will go a long way towards allaying those fears for good. I am determined to continue working with hon. Members on both sides of the House to do so. That starts with sweeping away the old, opaque section 106 agreements and replacing them with one simple infrastructure levy that is set and raised by local authorities. The new levy will be fairer, simpler and more transparent, and it will be imposed on the final value of a development. It is important to stress that, with the housing market as buoyant as it is, the levy will easily be able to respond to market conditions. Put simply, when prices go up, so will the levy.
Crucially, our Bill also requires councils to prepare an infrastructure delivery strategy, setting out how and when the levy receipts will be used. That means new development will always bring with it the new schools, nurseries and GP surgeries that communities want and need. I have listened, in particular to the debates secured by my hon. Friend the Member for South West Bedfordshire. He knows that I will be meeting my colleagues in the Department of Health and Social Care next week to see what more we can do to ensure that local health services are more involved with the planning process.
We will run a test and learn approach. We are holding a series of roundtables with stakeholders because we want to get it right. It is important to remember that councils can borrow against the levy, so they can bring the infrastructure in as soon as the development is happening.
Sir Geoffrey Clifton-Brown
I am grateful to the Minister for giving way. He will have heard what I said in my speech about the gross added value method of charging for the infrastructure levy, which will act as a disincentive to developers to put added value on environmental and design matters. Will he please discuss that matter with me to see whether we can use a better method by capturing the increase in land value?
Stuart Andrew
I certainly make that commitment. My hon. Friend raised that point with me earlier this afternoon. There are some points there that I want to further explore, so I will ensure I meet him in the next week or so.
Richard Graham
Will the Minister say something in his summing up on the points that I and my hon. Friend the Member for Sevenoaks (Laura Trott) raised, and which we discussed earlier with his colleague the Secretary of State, to reassure us that there is no intention to devolve upwards and that the powers of district councils will remain as they are without being poached by some CCA?
Stuart Andrew
I hope my hon. Friend saw the enthusiastic nodding on the Front Bench, which will give him the reassurance he seeks.
The Levelling-Up and Regeneration Bill represents a major milestone in our journey towards building a stronger, fairer and more united country. As my hon. Friend the Member for Aylesbury (Rob Butler) said, it is for all parts of the country. It confers on local leaders a suite of powers to regenerate our high streets, towns and cities, and gives them unprecedented freedoms to build the homes and infrastructure that communities want and need, following all the BIDEN principles—that is, the Secretary of State’s, not the President of the United States. I also take on board the points raised by my hon. Friend the Member for Wantage (David Johnston) about the environmental standards of homes. I hope to do some more work on that in the coming weeks.
Marsha De Cordova
I thank the Minister for giving way. He has not responded to the point raised by my hon. Friend the Member for Nottingham North (Alex Norris) about publishing an impact assessment. Will he confirm that one will be published, and will he let us know when?
Stuart Andrew
Yes, there will be, and it will come at the second stage of Committee.
Munira Wilson
The Minister talked about building the homes that communities want and need, and he made a commitment to the hon. Member for Gloucester (Richard Graham) about not devolving powers upwards. Last year, central Government pushed through permitted development rights, which enable developers to put whole storeys on top of existing buildings, causing misery for leaseholders even when residents and local planning authorities have opposed them. Will he look at rescinding those powers in the Bill?
Stuart Andrew
No, I will not.
As I said, these new freedoms will help communities to repurpose and redesign old unused sites, and turn them into new vibrant communities. The Bill allows us to become a regeneration nation. It will support the housing and construction sector to play its part in growing our economy, creating well-paid jobs and levelling up. At the same time, the Bill brings our ageing analogue planning system into the digital age, with residents able to share their views at the touch of a smartphone. It places local people at the heart of a smoother, simpler more streamlined planning system using street votes, new design codes and community-led plans.
Most importantly, by enshrining the 12 missions of our levelling-up White Paper into law and offering every part of England a devolution deal by 2030, the Bill fulfils our promise to the British people—a fundamental promise upon which the Government were elected—to take power away from Whitehall and place it directly in the hands of communities, so that they can determine their future and realise their full potential. That is the pledge we made and that is what the Bill delivers. I commend it to the House.
Question put and agreed to.
Bill accordingly read a Second time.
Levelling-up and Regeneration Bill (First sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 21st June 2022
(2 years, 6 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 21 June 2022 - (21 Jun 2022)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O'Brien)
Q
Professor Dame Ottoline Leyser: Goodness, that is a big question. My interest and expertise are particularly around the R&D aspects of the Bill. One of the really encouraging and exciting things going on across the Government at the moment is the attempt to tackle some of these huge cross-cutting issues, and levelling up is very much one of those things. That absolutely requires concerted, co-ordinated action, right across the Government, through virtually all the Departments, in a way that is aligned and co-ordinated and which really delivers on very broad priorities. Levelling up is a really good example. Net zero is another one.
Those kinds of things require different ways of working. This Bill is one framework in which that kind of joined-up thinking can be set out and embedded in the way in which government works. Yes, I think it absolutely has the opportunity to deliver on the ambitions set out in the White Paper. That depends very much on the alignment between the mechanisms and framework set out in the Bill and the missions element that is core to pushing forward the White Paper agenda.
Neil O'Brien
Q
Professor Dame Ottoline Leyser: Absolutely. Research and development has an important role to play in the levelling-up agenda, in the context of economic regeneration right across the country. What we see at the moment is huge disparity in all kinds of measures, but one of them is total factor productivity across the UK, and R&D-intensive business and industry are critical to generating those high value-add activities that support economic growth across the UK, bringing with them a whole variety of high-quality jobs. One of the things that is important to emphasise is that innovation-led growth is not just about jobs for innovators; it is a huge ecosystem of activity that goes around that, which will provide economic growth and high-quality jobs and opportunities for people in local innovation clusters right across the country.
That is the goal. The role that UKRI needs to play is critical in that. We have this extraordinary opportunity, with the formation of UKRI four years ago, of bringing together all the disciplines and all the sectors. In the same way as I mentioned that cross-Government co-ordination is needed, cross-R&D co-ordination is needed to deliver some of the activities. We span the whole system in UKRI, so we can build back better aligned investment that can support open economic growth—as I said—right across the UK. We need that balance, co-ordinating across different inputs, to drive growth which is led by R&D and innovation. That is multiple things, some of which are in my remit and some of which are certainly not—that is another key point.
The co-ordination locally is important, but in the broader national context—that is also important. This is not about fragmentation; in fact, it has to be the opposite of fragmentation. While local empowerment and local choice are critical, that has to be embedded in a much wider national context. We cannot have a situation in which, across the country, every region decides that it aims to specialise in the same thing. That would obviously be incredibly counterproductive for everyone. That balance between national co-ordination and local empowerment is critical across my kind of investment and across the broader range of leaders as set out in the White Paper.
Neil O'Brien
Q
Professor Dame Ottoline Leyser: It is good to have those kinds of clear targets and goals. That is helpful. I think it is a long-term ambition, and that is another critical element of both the Bill and the missions, having those clearly articulated long-term goals to steer towards. The SR element of it is obviously much more rapid, and made in the context of the rising R&D budget across the SR, so I think it is achievable.
From my point of view, it is important to stress that our spend distribution does not meet the target from the Department for Business, Energy and Industrial Strategy. There is the broader Government target for the whole of investment, of 30% and 40% set out in the missions, and then there is a specific BEIS target of 55% outside the greater south-east. Our spend does not meet that at the moment—we are only part of the BEIS spend—but the critical element from that point of view is that in our open competitions for funding, we have flat success rates across the country. The news that we are investing more in the greater south-east than outside that area is because we do not receive the applications.
A lot of what we need to do is capacity building. We need to think hard about how we support the excellent research and innovation that we see right across the country to galvanise and bid into our schemes, making sure that the schemes we put forward are equally open to everyone right across the country and that the targeted interventions that we put in place, of which there are some—they are only going to be a small proportion of our overall investment—are carefully considered in the context of the wider capacity-building activity to drive up opportunity for everyone right across the country.
There is excellence everywhere, however, and we can see that, for example, in parts of the recent research excellence framework. One hundred and fifty-seven universities across the UK made submissions to have their research assessed in that exercise. There is world-leading research in 99% of them, according to the assessment process, which can lead activity. Harnessing the benefit of that will be critical to the levelling-up agenda and to the wider economic recovery from the pandemic that we need to drive.
Getting back to your question—are those the right ambitions?—I suppose I am inherently more in favour of outcome and output ambitions than I am of input ambitions but, none the less, I think having those clear targets behind which we can align our activity in UKRI and more broadly across Government is very helpful in embedding this agenda right across everything that we do. That will be critical to success.
Alex Norris (Nottingham North) (Lab/Co-op)
Q
Professor Dame Ottoline Leyser: That is quite a difficult question to answer. At the moment, things are very challenging right across the country. We have the inflationary pressures caused by a combination of the tail of the pandemic and the war in Ukraine. That has come on the back of the pandemic, which also caused a lot of economic and social shockwaves across the country. Both those things, if anything, amplify disparities for a whole variety of reasons. Because of those factors, it would be difficult to argue that things are getting better.
Having said that, and looping back to what I said at the beginning, I am very encouraged by the ambition—reflected in the Bill and the White Paper—to take on some of the really big, long-standing and multifaceted problems; to get to the root of them and tackle them through this concerted, aligned action. That is not typical, because we have tended to work in silos when dealing with particular aspects, which does not work as well as integrated, concerted actions. A lot of the important problems, such as health inequalities, are multifaceted, and we do not solve them by simply looking at, for example, the health system. I am encouraged by the new approaches that are being taken to try to address some of the problems, but I do not think they are yet biting.
The Chair
Tracy, I am going to have to cut you off, because we need slightly shorter answers. I will ask the Minister—who does not believe in “churn of Ministers”—to ask you a question.
Neil O’Brien
Q
Clauses 60 and 61 will simplify and streamline the processes for setting up new combined authorities. West Yorkshire is lucky, because it already had a combined authority from 2014. From your own experience of getting the mayoral combined authority set up and from the wider experiences of the M10 group, could you say anything about the complexity and time taken to set up new combined authorities? I appreciate that people are full of enthusiasm and want to get on with it, but that, at the moment, they have to go through some quite laborious processes to get going. What was your experience of that? Do you welcome provisions that would simplify and speed up the process of getting going with CAs?
Tracy Brabin: My role really started on election day—I was not here setting up the office and the CA. However, going forwards into combined county authorities and other models, I hope that whatever learning you get from that will come back and refresh our modelling, so that we can learn from these new MCAs and CCAs. Ben, would you like to add to that? You were here; you did it!
Ben Still: Briefly, there is a set of processes that we and the other CAs had to follow. The provisions in the Bill to simplify those processes are welcome in the sense that the statutory tests still need to be met; that is the important thing, I suspect. For us, though, the combination of the will on both sides—both locally and within the relevant Government Departments—to go through the processes at pace and to work collectively is just as important as the steps we need to go through.
Neil O’Brien
Q
Tracy Brabin: I would say wholeheartedly that the mayoral model is better. It is a single point of contact; it is a point of contact with Government. The Mayor is a champion, advocate and ambassador for the region, and somebody that can work collectively on strategic priorities. The role is not just local but national—and, I would suggest, international—to raise the profile of a region. It is great that Government are understanding and getting behind devolution. It really, genuinely is the way forward for our region.
Neil O’Brien
Q
Tracy Brabin: I cannot tell you. The gift that keeps on giving is the fact that I also have responsibilities for police and crime. It means we can take a public health approach to everything we are doing, getting people in the room or on Zoom from housing and transport, and—via the integrated care system—people from health talking about health inequalities that impact on crime. It is a really brilliant tool to address some of the greater challenges across West Yorkshire. There are obviously lots of different versions, and only Andy Burnham and myself have those powers, but they are really useful.
For example, they help us to deliver my commitment to the safety of women and girls across West Yorkshire. It feeds into everything, including transport. We have the safety app that allows bus users to feed back on whether women and girls feel safe travelling. On skills, we are able to support 750 more police officers and staff, and to work with the chief constable to try to find a pipeline of diverse young people wanting to go into the police. It is a really great strength.
I would say that giving police and crime commissioners and our teams in-year funding pots, with different expectations and timeframes, is incredibly difficult to handle. I hope that we can get multi-year pots of funding to do bigger projects that have a greater impact.
Neil O’Brien
Q
Tracy Brabin: It is helpful that we have real strength in our leaderships, because they are really experienced leaders. We are all focused on delivering for the people of West Yorkshire, and it has not come to a point where it has been down to my vote. We get a consensus before we go to a vote, and the opposition members on the CA are very helpful, because they provide the check and challenge to get us to a point of compromise so that we can bring everybody with us in delivering for the people of West Yorkshire.
Tim Farron
Q
Tracy Brabin: Affordable and sustainable homes are a priority for me, because it is personal—I grew up in social housing. My commitment to the people of West Yorkshire was to deliver 5,000 affordable and sustainable homes. Over the years, we have seen the number diminish, partly due to right to buy and partly due to the lack of funding. I am able to work with the councils and push them to get to further building target, which has been really helpful. The brownfield fund for housing has enabled us to really focus on the spots that blight our communities, and to work with developers.
For the first time, the West Yorkshire housing associations have all come together under one umbrella to deliver on my housing pledge and to help us get there, but it is still a challenge. Although the £22 million extra in the Bill for brownfield housing is welcome, it comes with the same strings attached and the same expectations from the Government, but with less time to deliver. There is an expectation that we have more freedom, but we need to get away from the strings that hold us back from delivering.
Let us not forget that we have areas in West Yorkshire where the housing stock is really low cost, and we are trying to square the circle of how we build more when we have the Government’s expectations about market failure. We have met Homes England since I became Mayor. I am very interested to see how that relationship develops and how we can work more closely on affordable housing, because the need in our region is growing exponentially. The lists of people waiting for a secure and affordable home are far too long. Ben, I do not know whether you want to talk more technically.
Ben Still: Thank you, Mayor. There is a lot in the Bill that could potentially be helpful to local authorities in unlocking and developing land. The issue that we face in West Yorkshire is much more about the viability of housing sites than about pressure on land and so forth. This is a good example of where the Mayor working in partnership with the local authorities is not just about the legislative provisions, but about the strength of the partnership. The Bill does not change the fundamental relationship between local authorities and Mayors with regards to who is responsible for the delivery of housing.
The Minister for Housing (Stuart Andrew)
Q
I want to return to planning. We share an ambition, in that we obviously want the right houses in the right places for our population. Much of the Bill is about community-led planning—that is, ensuring that communities have a say in where houses should be built, so that we can improve support for development within communities. How would that marry up with a strategic approach that was perhaps done by Mayors? I often describe planning as something that people feel happens to them, rather than them being engaged in it. If Mayors around the country had lots of strategic planning rights and powers, is there a danger that we might negate the chance of improving community involvement in the planning system in order to build the houses we need?
Tracy Brabin: It feels to me that there are already those checks and balances for local communities. When there is an option for a warehouse or the building of homes and so on, the public and communities have an opportunity to reject that planning. Obviously, local plans are a responsibility for local councils, but for me what would be interesting with the strategic planning is to support local councils when they have a vision. For example, in Stockport in Manchester, the council has a vision to bring together greater investment and a bolder planning opportunity, working with communities. Maybe it would be cross-border and difficult to navigate, so the Mayors could be helpful there.
Of course, it is important for the public to have a voice in what their communities look like, but we would hate to get into a situation where communities that are happy with their village could block much-needed housing from their community. It is important that we keep the conversation going, though. I know our local councils do everything they can to work with communities to get the right outcomes, but we do need more social and affordable housing in our region. There is a role for the Mayor to play in that, and the strategic plan would help.
Ben Still: To add to what the Mayor has said, the strategic planning covers a variety of topics of which housing is one. There is probably a role for Mayors from mayoralties and combined authorities to join up when looking at things like strategic infrastructure such as transport, broadband and so on, where it makes sense to plan across individual local authority or unitary authority areas. As the Mayor said, the local authority is the planning body and it has that process with communities. The Bill has a number of aspects that might strengthen that.
The Chair
Any other questions? No. That brings us to the end of the session. Tracy—Madam Mayor—thank you for your enthusiastic evidence. Ben, thank you for coming along for your evidence, too. It is most appreciated.
Tracy Brabin: Thank you, and good luck everybody.
Examination of Witness
Mairi Spowage gave evidence.
Patricia Gibson
Q
Mairi Spowage: Through the Bill, my understanding is that the UK Government have to publish regular updates on the progress that they are making towards the missions that it sets out and the metrics chosen to measure success. There is quite a lot of work to do to ensure that those metrics cover the whole of the UK on all the different missions. There is a significant amount of investment—I believe that the ONS is looking to try to do that better, but it is not for me to say whether an independent body should be set up to monitor what is, after all, a UK Government policy agenda that they can legitimately pursue.
Neil O’Brien
Q
Mairi Spowage: Yes, if and when digital connectivity is of sufficient quality it will present a lot of opportunities for the rural economy. We still hear in parts of Scotland that it is a barrier to remote working. It would be hugely transformative for lots of areas, particularly of rural Scotland, but I am sure that lots of other rural parts of the UK would say the same. It would be transformative in terms of the connectivity of people working from home, perhaps for businesses in population centres but also for businesses that are operating in these areas, to have a more reliable connection. It could be extremely transformative to those areas.
We have heard from some of our work with businesses that to a certain extent it can also work the other way. Businesses based in remote and rural Scotland are employing people in the big population centres, but sometimes having to pay them more money because they are more likely to command higher wages in those areas, particularly in this very tight labour market that we have at the moment.
Improvements in digital connectivity present huge opportunities for rural Scotland. As much as there is quite a lot of focus on transport connectivity through the levelling-up funds, investment UK-wide—particularly in rural areas—in digital connectivity is one of the areas where we could get the biggest bang for our buck in transforming the economy and reducing regional inequality, particularly when we look at the population outlook if current trends continue in rural areas.
Neil O’Brien
Q
Mairi Spowage: That is a great question, and one that policy makers in Scotland have been grappling with for a long time, particularly given the quality of our universities in Scotland and their international prowess in research and development. We seem to have an issue between the development of the ideas, the start-up, and the translation of that into commercial opportunities that can be scaled up into medium-sized businesses. In Scotland, we often find those opportunities are lost, particularly to the south-east of England, because the infrastructure is there to scale up that business to the next step. I think the sorts of investments that you are talking about, not just in Glasgow but in other locations in Scotland, will be really important. We have to think about how we take all of the great advances that have been made in academia in Scotland and turn them into commercial opportunities, have them scale up and feel that there is the infrastructure and capacity in Scotland so that they do not have to move or be bought by companies outwith Scotland.
Neil O'Brien
Q
Mairi Spowage: Yes, I would be very supportive of that. We can see in the sorts of metrics that are used—not only those related to indices of multiple deprivation but educational outcomes or transport connectivity—that some of them are focused on England-only measures; sometimes they are GB only. We do not want to fall into the trap of, in some cases, using GB and UK inter-changeably here. It is really important that we think about the metrics that we are going to use to capture the reduction in regional inequalities across the UK. Wherever possible, we should invest in developing UK-wide measures.
In some cases I can see that there are data sources in the devolved nations that are very similar to those being used for England. I think there is work that could be done to develop more consistent measures right across the UK, for which, as I said earlier, there is a clear policy need for the UK Government’s programme.
Alex Norris
Q
Mairi Spowage: I am not here to speak for the ONS, but I am a fellow, so they ask me and a group of other expert academics for advice on their work programme. They have published a subnational data strategy, which was worked up not just by the ONS but across the Government’s fiscal service, to think about how we can develop more sophisticated metrics across the UK to capture different levels of needs and progress. That would be to support not only the levelling-up agenda but things more broadly. In partnership with the Department for Levelling Up, the ONS is looking to develop more metrics across the UK. Some of that will be working closely with the devolved Administrations to develop data sources and think what might be comparable.
We have done a significant amount of work with the Economics Statistics Centre of Excellence. We published a paper recently on developing a suite of sub-national indicators across the UK. We made recommendations there, which included working closely with the devolved Administrations to develop data that was consistent across the UK, particularly on educational and environmental outcomes. A recent example would be something like fuel poverty, which is obviously a live discussion. It is measured differently in all four nations of the UK, so it is very hard to compare differential rates of fuel poverty in different parts of the UK at the moment.
Levelling-up and Regeneration Bill (Second sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 21st June 2022
(2 years, 6 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 21 June 2022 - (21 Jun 2022)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O'Brien)
Q
Eamonn Boylan: Thank you. We were very pleased to be identified as one of the three innovation accelerator areas in the White Paper. We have been working very hard on developing a broader approach to innovation through an organisation imaginatively called “Innovation Greater Manchester”. We see the innovation accelerator as being effectively the fuel in the tank that can drive that forward.
It is fair to say that there needs to be a clear concentration on those areas where individual city regions can be globally significant and competitive, rather than having a broader approach. They need to be very clear that the purpose of the innovation accelerator is to improve not only the performance of business and employment in a particular location, but to drive prosperity for the UK as a whole.
There is a need for longevity in terms of the commitment, to make certain that the innovation agenda can be rolled out, developed and properly evolved over a period of time, but also concentration on those areas where, quite clearly, particular places have a significant, if not unique contribution, to make.
Laura Shoaf: I will do my best not to repeat the exact same answer, but we have another organisation, the aptly titled “Innovation West Midlands”. I reiterate all the points that Eamonn has just made and a point I made slightly earlier, which is that places have different areas of expertise. We want not to spread the jam so thin that it doesn’t make a difference in any one area, but to really invest and be very precise in each area, especially where there is a comparative advantage.
Neil O'Brien
Q
Laura Shoaf: It has really been transformational. As an officer, I was working in the region before there was a Mayor, then in a Mayor’s first term and now in a Mayor’s second term. I would reflect on the fact that the role, with its accountability and ability to galvanise and be a figurehead, has grown over time. It definitely evolves alongside a region.
For us, with our Mayor, we have seen the ability to come together as a region, to make cohesive arguments, to attract a lot more inward investment and to be able to work at scale, if you take something like brownfield land, where we have been able to operate at regional level, so we can have a regional impact, then being very careful not to do what is already done very well locally. I often describe it as two plus two plus make five, instead of four. That is exactly what we have seen through the model to date.
As you can tell, my background is not from this country, but this model is well understood and recognised in other countries when trying to attract inward investment from abroad. It is a model that is understood, works well and helps make it easier, if that makes sense, to drive some of those big conversations.
Neil O'Brien
Thank you. Eamonn, would you add anything to that?
Eamonn Boylan: I would certainly echo Laura’s final comment about the international potency of the mayoral model, which is proving to be a real strength. We led the field with the creation of the first combined authority, which has been in operation since 2010. The first mayoral election was in 2017, so they had a lot of experience of working prior to having a Mayor, with strong local leadership provided—particularly by the city of Manchester.
I think the Mayor has had the transformative effect that Laura has described, not only in respect of areas where there is a very clear power vested in the Mayor, but also where the Mayor’s influence and use of soft power can be quite useful in helping to galvanise change and support and amplify activity. The example I would use in the Greater Manchester case is the work we have done collectively on street homelessness and rough sleeping, which has been very successful. A huge of amount of work has been done by individual local authorities, but it has also been galvanised by collaboration through the office of the Mayor. It is a very powerful office and tool for us to use both locally and internationally.
Neil O'Brien
Q
Eamonn Boylan: It would be difficult to make CPO slower. Aiming to accelerate it is very welcome. The flexibility around the application of CPO to support a wider range of purposes is also welcome. I think we need to recognise that initiating a CPO is quite a high-risk activity for a local authority. Therefore, we would need to be certain about the legislative framework within which we were working, but certainly the principle of acceleration of CPO and its broader application is something we would generally welcome and would certainly seek to make use of.
Laura Shoaf: I will just pick up on the point about pride in place. Pride in place is a key goal that is outlined as part of the levelling-up agenda. I think that being able to speed up the delivery of projects where a compulsory purchase order is needed will bring clarity and help us to deliver pride in place. That is just one other aspect that I think is important.
[Sir Mark Hendrick in the Chair]
Joanne Roney: I will come in with three quick points to support Laura and Eamonn. Among the wider society of chief executives—who represent the views from up and down the country, including places that do not currently have combined authority or mayoral models—there is a welcome for these additional powers. The first point is that whatever replaces the existing CPO system needs to simple and inexpensive. The current process is very costly.
Secondly, there is a bit of a concern around capacity in local authorities to take advantage of these new powers. Talking with my Manchester hat on, one of the things we do in Greater Manchester is shared capacity between the 10 local authorities through the combined authority, but that capacity point to take effective new powers is important. Thirdly, we would like to see the revoking of permitted development rights to go alongside CPO powers to make the maximum impact in some of our communities.
Neil O'Brien
Q
Laura Shoaf: We have certainly seen it work well elsewhere, including in Greater Manchester. Initially, the combined authority did not have full support to transfer those functions in 2019. What I would suggest that we need to do now is look at the timing of the deal and of Royal Assent, and how we could align governance around that. We would need to look at the issues around co-termination and there would probably be quite a bit of work to make sure that it was something that the entirety of the region would get behind.
Neil O'Brien
Thank you, Laura. Unless Eamonn wants to add anything on that point, I am probably finished.
Tim Farron
Q
Rich Bell: I think the destiny of communities is significantly shaped by their level of control over planning decisions. One thing we are at once encouraged by and slightly disappointed by in this Bill is the proposal regarding the neighbourhood share. This is the idea that 25% of the infrastructure levy could be controlled by either a parish council or a neighbourhood planning forum. That currently applies in the case of the community infrastructure levy, but not in the case of section 106. I think it is a very positive step on the Government’s part to extend that neighbourhood-level control over the investment of developer-generated public money—to devolve that directly to neighbourhoods. Unfortunately, parish councils are predominantly found in wealthy and rural areas. A report produced for the Department then known as the Ministry of Housing, Communities and Local Government by academics at the University of Reading concluded something very similar on neighbourhood planning forums just a few years ago.
We would suggest that members of the Committee should consider whether the Bill could be amended to expand the definition of a “qualifying body” on page 264. We would ask Members to introduce a clause amending the Localism Act 2011 that expands the range of organisations to whom that neighbourhood share could be passed. It should be possible for local authorities to designate community anchor organisations, such as the Wharton Trust in Hartlepool, as local trusted partners who could work with that local authority to spend that not insignificant amount of public money.
Neil O'Brien
Q
Rich Bell: We were very encouraged by the detail of this proposal. We were very pleased to see that the Bill defines high street use in a way that recognises the use of high street premises as a communal meeting space. It is incredibly important that the legislation recognises that high streets are not just drivers of local economies; they are the sites of the bumping spaces and the meeting places that stitch together our social fabric. It is similarly positive that the Bill’s local benefit condition recognises the social and environmental benefits of high street premises as well as their economic benefits.
We encourage the Government to consider how they can shape accompanying regulations to ensure that local authorities feel that they have permission to work with social enterprises and local community organisations, and to shape their own criteria for high street auctions, so that those community organisations can gain access to high street sites. As I say, we were encouraged by the detail.
Sacha Bedding: High streets are absolutely about pride. There is nothing worse than seeing boarded-up places. The opportunity for local ownership and activity will help. People are full of ideas on how to do that. I will not go on too long; we absolutely agree with what Rich said, and there will be any amount of ideas, not just focused around retail, on how people can help make their high streets thriving places again.
Patricia Gibson (North Ayrshire and Arran) (SNP)
Q
Rich Bell: My only comment would be to say that it seems incredibly important, when taking what is a pretty radical step in promoting sub-regional devolution across England, to do so in a joined-up way which involves dialogue with all the national Governments across the UK. That said, I would say that the problem in the Bill is not the lack of emphasis on sub-regional and national devolution; the problem is the lack of emphasis on devolution at the most local level, as Sacha said, and the complete absence of genuine community leadership.
Stuart Andrew
Q
We have a significant number of neighbourhood planning groups and neighbourhood plans around the country. However, there are areas—particularly more deprived areas—that have not developed those. The Bill provides for the neighbourhood priority statements to introduce a simpler way for communities to think about how they want to improve their place. Do you see any issues around that area in the Bill that need to be looked at again? Is this a real opportunity for such groups to formulate how the needs of their communities are delivered on the ground for those towns and areas?
Rich Bell: The creation of neighbourhood priority statements, which allow people at the local level to very clearly set out their priorities, and having those accounted for in local plans, is definitely a positive step forward, and we really welcome that. The point we would make is that community anchor organisations work in a way so as to unlock the capacity that is already present in communities. We would suggest that drafting them into this work could actually be key to addressing the geographic disparity in current levels of neighbourhood planning, particularly as research by the Communities in Charge campaign has demonstrated that the sorts of organisations we are talking about—community anchor organisations that seek to address local challenges in holistic ways that are truly reaching the community—are actually more likely to be found in areas that we would describe as deprived.
Clearly, there are challenges around how you ensure those organisations are acting with legitimacy. We think that the Government’s pledge to bring forward community covenants in their White Paper is potentially a game changer in that respect. We see that as a means of working through the challenges of a public body investing a degree of authority in a community organisation that is not on a statutory status. We would suggest that as long as you are working through the intermediary organisation in the form of the local authority, and as long as the Government provide guidance and regulations to ensure that that local authority is ensuring the community organisation has the trust of the whole community before it invests that power, it is a neat and relatively easy quick fix to what might otherwise be a problem by which the Bill would wind up deepening inequalities in control and power rather than resolving them.
The Chair
Thank you—that is fine. We are just a bit anxious about the other two members of the panel not being able to connect yet. I will throw the questions open to the Government side first.
Neil O'Brien
Q
However, it is the Government’s intention to have a strong role for lower-tier authorities once those combined authorities are created. I wonder if I could pick your brains on what sorts of things your members might want to combine powers on as voting members of those new CCAs or through joint committees, for instance as a single local authority devolution deal. What sorts of powers would your members potentially want to combine powers on, and to what end?
Cllr Chapman-Allen: Thank you for the question. Initially, I think we need to talk about the scale of ambition that local authorities and leaders are trying to achieve. The levelling-up framework sets out the clear positions of levels 1, 2 and 3 for what can be devolved within those nine vanguard areas. For me particularly, those six are in those two-tier areas.
Neil, you spoke about the county councils and unitary councils being enablers for the CCA and what districts would be willing to support moving forward. I think it is important to say that district councils in some areas where these deals are being suggested are being more ambitious than those counties and unitaries. Therefore, whoever is willing to be most ambitious should ensure that they have a seat around the table, but in turn ensuring that no sovereign body has those powers and/or responsibilities removed. There should be opportunities for districts, with those key enablers around business support and planning and growth.
Having spoken to colleagues across the country, but particularly in my area of Norfolk, which is one of those areas, I think we would be willing to have conversations with those that want to share strategic opportunities in the wider planning piece, be they in local planning, master planning, the duty to co-operate —although that is a blight, it is being diluted as we move forward, which is important—our housing challenges and how we support each other to ensure that our housing policies support residents in our localities and, in turn, how we deal with inward investment, to ensure that, regardless of where you want to land in a county locality, you have the same opportunities and support on business rates, business rate exemption and that planning process.
However, it is important that those individuals and sovereign councils buy into being a part of that CCA. In turn, they have to be a constituent part. We are talking about combined authorities, so district councils need to be combined in the decision-making process. There should absolutely not be a veto. I do not think that any individual in that combined authority should have the opportunity to veto, but if they are relinquishing some of that sovereignty through partnership and collaboration, they should have an equal say in how policies, strategy, spend and projects come forward.
Neil O'Brien
Q
Cllr Chapman-Allen: The frameworks and structures around MCAs already exist. Some individuals in Whitehall cite failures of governance in some of those MCA structures. We do not necessarily need to throw the baby out with the bathwater as we try to recreate a CCA. We can actually use the existing framework and governance structure, and tweak them to ensure that we are delivering for residents and businesses across our localities and communities.
It comes down to the bottom-up position. Localities and sovereign councils absolutely see the opportunities presented in the levelling-up framework and the Bill, but we have to make sure that we are able to help in shaping those opportunities moving forward. District councils across the country collaborate with each other through partnerships every single day. In my locality in Norfolk, we have a shared waste partnership across three councils—it is one of the biggest waste partnerships in the country—and, of course, as the collection authority across the whole of the county of Norfolk, all the district councils provide a set framework for how we collect that waste.
That district collaboration in some statutory service provision—be it waste, planning, housing, or homelessness —occurs not just in Norfolk, but across the whole of the country. We just have to make sure that we lift that to the new body—whether it is an existing MCA or the new CCA—which will be able to help shape the agenda as we move forward and ensure that there is equal say at the table on policy and spend.
Stuart Andrew
Q
Just touching on the local plans, obviously at the moment we have about 39% of England covered by local plans, which means that there is a significant area not covered by them. Clearly, the Bill is trying to simplify the process of developing local plans. What has been the reaction your members of to the measures in the Bill to try to achieve that, and are there any other suggestions they have made that they think would be helpful, so that we can get more local plans in place within a much shorter timescale than we are currently experiencing?
The Chair
Just before you answer that question, Sam, can I just bring it to the Committee’s attention that we have now been joined by Councillor James Jamieson, chair of the Local Government Association, and Councillor Tim Oliver, chair of the County Councils Network. Welcome to the sitting. I am sorry that you have had those technical problems, but we are glad to see you here. We are just partway through a question from the Minister, Stuart Andrew, at the moment. I will bring you both in and we will obviously tailor some of the questions towards you both as the sitting progresses.
Cllr Chapman-Allen: Thank you, Chair. Stuart, the answer is twofold. Local planning is an immensely complicated process—that to-ing and fro-ing with the planning inspector makes it immensely challenging. I think it comes back to the previous questions: “Is this a top-down exercise? Do we need a very clear framework for what planning is?” But planning derives from that local position.
If we are being really clear and setting clear parameters for what local communities need to deliver through that formula of housing growth, challenge if it cannot be delivered, and allow those local communities to move forward and deliver upon that in a set timeframe, then we will expediate that. In my local authority in Breckland, we delivered a local plan, confirmed in December 2019. We are already out for review again, at vast cost, vast expense and vast frustration for our communities, when actually we should probably only be tweaking some of those local policies.
The sad fact is that some of those locations that you mentioned, which do not have a developed local plan, are now in the challenge around nutrient neutrality and an inability to deliver those plans, and of course the duty to co-operate places a further burden on those councils to provide that local plan.
In answer to your question, really briefly—sorry to waffle—make the timeframe shorter; allow that local drive to come from the bottom up; ensure that the national planning inspector supports those local policies, not a top-down approach; and I think you would see expediated local plans and adopted local plans across the country.
Stuart Andrew
Q
I want to turn to the infrastructure levy. The intention behind this is that it is non-negotiable, to try and reduce all the time that planning officers seem to spend on negotiation. Are the measures welcome? On the development of the infrastructure statements that local planning authorities have, do you see the opportunity for greater working between county and district councils in agreeing, as part of a local plan, the sort of infrastructure that is needed within those communities ahead of development being granted?
Cllr Jamieson: Thank you and apologies for my technical problems. On the infrastructure levy, I do think that is a helpful move. All too often, developers use viability as an excuse to increase their profits, or landowners to increase the value of their land. Really, where there is a significant uplift in the value of land as a result of receiving planning permission, it is only right and fair that that bonus of increase in value should go towards providing the essential infrastructure that is needed to support that development, whether that is roads, schools or soft infrastructure, such as health and community support. We welcome the community infrastructure levy as a simpler mechanism and one that will be applied to more developments, both commercial and housing.
One of the issues we have raised many times is the fact that developments of fewer than 10 houses do not pay anything. Quite clearly, that is all very positive. Of course, there are parts of the country where the land value uplift is not sufficient to provide the infrastructure, and that needs to be addressed and will have to be addressed by funding from Government. However, in areas where it is—yes, we welcome the fact that it is simplified. Of course, Sam just mentioned some of the other issues, such as nutrient neutrality, which is yet another imposition on development, so we need to be cognisant when we look at the infrastructure levy of the other levies and costs that are put on the land.
Stuart Andrew
Q
Cllr Oliver: Many thanks, and my apologies too for the technical issues. We absolutely welcome a simplified community infrastructure levy and section 106 arrangement. At the moment, CIL is administered by the district and borough council, and the county council, in normal circumstances, would make an application for a part of that funding. It would be helpful for the Bill to provide clarification on how that infrastructure levy should be used. It is a levy to enable infrastructure support to facilitate housing and development. I know that part of the suggestion in the Bill is that 25% of that infrastructure levy would be set aside for parish councils, but, to your point, I would hope that there would be early conversations between all three tiers of local government, where they exist, as to how that levy should be spent for the benefit of the community.
The Chair
Thanks Stuart. Just before I bring in Tim Farron, I will give both Neil and Matthew the opportunity to ask a question to the other two panellists, who unfortunately were not present earlier. Neil, have you got any brief questions? I will then bring in Matthew.
Neil O’Brien
Q
Cllr Jamieson: First, in broad terms, we welcome the move to enable every part of the country to have devolution. Previously it has been very much city focused and, of course, most of the country is not in cities, so we welcome that fact and the ambition that everywhere should have a devolution deal.
Obviously, simplifying the process is always welcome, provided that there is a fair and reasonable consultation, and involvement of all relevant parties. Clearly, we should not ride roughshod over various parties. However, as ever with devolution, we think devolution should be led by devolving and not by restructuring. That is one of the issues that has happened in the past, and we need to ensure it does not happen this time. There needs to be genuine devolution from Whitehall down to the local level, at which point we will find much greater acquiescence at the local level when it comes to how to come up with a structure that works.
When we first start talking about restructuring and then about devolution, I am always concerned that we should devolve the powers down and then look at what is the best way, on a local basis, which will be different across the country, to deliver the outcomes from that devolution. I would emphasise—Neil, I really appreciate the work that you are doing—that we certainly believe that far more can be done on a place basis than on a Whitehall basis in local devolution, simply because if I am in the north of England or Northumbria that is very different from Cornwall or central Bedfordshire. We have different priorities and issues, and that can only be done at the local place level, so the more that is devolved, that is clearly better. I emphasise devolution first, and then restructuring to match the powers that are devolved to us.
Neil O’Brien
Q
Cllr Oliver: Thank you very much. The County Councils Network and my members are hugely supportive of the intentions set out in the Bill. We see this very much as an opportunity for the two thirds of the country that are not currently able to benefit from any devolution deal.
We see this as the devolution of powers from Parliament down to local government. The complications that exist at the moment will be taken away by the Bill. I think we will see members embracing the opportunity to have a devolution deal. In terms of the CCA, only 50% of my members would need that, where they have an adjoining county authority or unitary authority. The other 50% could benefit from a simple devolution deal.
My understanding is that this is not about the organisation of local government, either overtly or through the back door. This is about the flow down of powers from central Government to local leaders, where those leaders are clearly identified, and then the county level engaging with all our partners. This is as much about delivering the health system, and the integration of health and social care, as it is about any tier of local government. It is important that the process is simple, straightforward and quick. If at all possible, we want to get on with this. Then it is for the county authority to engage with the other two tiers of local government, if those exist, and to work out how best to deliver that.
I am very supportive, as is the CCA. I am grateful to the Minister for clarification on some confusion around clause 16. That seems perfectly workable and reasonable, so I very much support the direction of travel.
Levelling-up and Regeneration Bill (Third sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 23rd June 2022
(2 years, 5 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 23 June 2022 - (23 Jun 2022)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Chair
We are now 20 minutes into this evidence session. In the interests of time, I will call the Minister. If there is any time left at the end, I will come back to you, Mr Pennycook.
The Minister for Housing (Stuart Andrew)
Q
Victoria Hills: I represent 27,000 members. Practically, and on a strategic level, we welcomed the Bill, because we welcome the recognition that, rather than having a planning Bill, planning is integral to levelling up and regeneration. That is why we warmly welcomed the Bill: it has elevated the status of planning from being some regulatory thing over there to being fundamentally essential to delivering levelling up. Indeed, we say it is the lead domino; if you get the planning system right, you have the framework and the foundations to deliver regeneration.
That is our starting point. Within that, we have to have a broader conversation—perhaps not today—about how we ensure that local authorities in particular are resourced for the changes. We look forward to the forthcoming consultation on the fees to help to fund some of the additional work. Practically, it will mean that our members are going to be extremely busy—first, with responding to all the consultations, and secondly, moving forward with implementing the new system. There is an urgent need to address the resourcing, as I have highlighted, because local authorities are somewhat struggling at the moment anyway to deliver business as usual.
Some of this will be a bit business as unusual. We have heard that the CIL is potentially a major change. Changing local plans and updating them will take time and resources. It will be a busy period for the members I represent. That said, although we welcome the recognition that planning is integral to levelling up, we do need to have an open and honest conversation with you about how we now move forward quickly to resource local authorities to enable the changes. I hope that answers the question.
David Jackson: Likewise, given the high profile that has been given to the levelling-up agenda, it is very welcome that planning is so closely associated with such an important part of the Government’s programme. We very much welcome that.
For the people I represent, it is difficult to define exactly what the changes will mean, because they are multifaceted. For people I work directly with, there is a lot to get through and understand about the changes, but we are planning professionals and that is what we direct ourselves towards. That is part of our responsibility. For our clients, there is an expectation of a transition period, and that is a process to be navigated through. We are there to help them through that process. I repeat what I said earlier about the importance of trying to get through that phase as quickly as possible so that we can move on to obtaining the key objectives of building prosperity and creating flourishing communities.
On flourishing communities, in the work that we do as planning professionals we become very much associated with and embedded in communities for the period of a project. It is really important that that process of local engagement and projects being opened to the public scrutiny that leads to improvement—[Inaudible.]
The Chair
David, you are looking away from the microphone again and we missed what you said.
David Jackson: Sorry. Public scrutiny is necessary to improve projects and win public trust.
Tony Mulhall: Chartered surveyors provide their services largely at the level of strategic land preparation and development delivery, so they are acutely aware of the increasing risk associated with development projects proceeding. Planning comes with certain risks—in other words, getting a project through the planning system—so it is very important that we have a system that works well in process terms.
From a development point of view, planning is one of the factors. We have huge pressure on costs at the moment. I have here a document that I have just received from the Building Cost Information Service that says that the materials cost index has continued to grow, with annual growth in excess of 20%, and figures say that the cost of complying with the building regulations is around 6%. Those are cumulative risks, and the planning system is just one of those. It is a very important one, and getting it right is very important, but in a development context the danger is that investors will defer making decisions on taking projects forward until they have greater certainty about the regulatory environment they are heading into and that that regulatory environment can be priced, in a sense—what is it going to cost to get through the regulatory environment?
We need to take account of that, and not just in relation to large house builders. They are capitalised very well, but a lot of small and medium-sized enterprises find it extremely difficult to engage with the planning system at a level they can afford. That impacts on borrowing: you cannot engage a lender if you have what I would describe as planning risk associated with your side. These are the realities that our members face in advising their clients.
Stuart Andrew
Q
Victoria Hills: We welcome all those aspects, and particularly the investment in digital transformation and a bit more structure around what that looks like for local authorities so that they can make the investments in digital that are required. We also absolutely welcome neighbourhood planning, and also, potentially, street votes and all that comes with that.
Something equally important that we are strongly advocating for is that virtual planning committees can continue in the way they did during the pandemic. We are seeking an amendment to the Bill for that purpose, because we think it provided an additional aspect to the ways in which communities could be genuinely engaged, particularly for those people who cannot get to committee meetings in the evenings because of their own commitments.
We welcome all the aspects that have been included in the Bill to broaden engagement. Our top two omissions are the one that I started with—involving the community in the national policies—and enabling them to join in via a virtual committee.
Tony Mulhall: This is a really important point. Our experience, and what we get reported back, is that the community does not tend to engage with the plan-making process—people need to get a development on the corner of their street before they become exercised—so it is very important for us to understand what is a meaningful way to get feedback from the community about what it is that they do not like and what is top of their list of what they want.
I am not sure that the plans that we put through have the legitimacy we might expect from real engagement with people, because I think they do not fully understand what the plan is saying. We have seen the kind of developments in neighbourhood planning that were really good but probably did not get to the people who need to participate to improve their local communities. There is an interesting measure in the Bill to facilitate that. I would say that we really need to rethink what meaningful participation in plan making is about, because people are coming away from the production of a plan without much knowledge of what is going to turn up in their neighbourhood.
David Jackson: I agree with that point. What we need is engagement at all levels of the plan-making process, from the SDS—spatial development strategy, the new strategic level of plan making—all the way through. It is down to the profession to go out and do that. That is where the parallel development of the levelling-up agenda, putting planning alongside that as the key delivery mechanism, has some advantages, because it demonstrates exactly the role that planning has in facilitating the benefits that we want to see for those communities. My slight concern is in what I might call the hyper-local, because that allows people to focus just on their immediate areas, but as I say, what we want is a focus across the plan-making portfolio, so that people have that aspiration.
One example of the risk of the hyper-local is footnote 54 in the NPPF, which requires onshore wind turbines to be supported by the local community that is most affected. While onshore wind has overall high levels of public support, a massive drop-off in the delivery of onshore wind has been the result of that particular control. It does not take us away from the need to engage with communities at the local level to win their support, but it does create difficulties—challenges—in that hyper-local environment.
Stuart Andrew
Q
David Jackson: On replacing CIL with the infrastructure levy, the simplification of the infrastructure levy based on value is certainly advantageous. In our experience, we were very engaged in the preparation of CIL on behalf of the Home Builders Federation. We engaged with many local authorities on that basis, and it was indeed a very complex process, looking at viability and trying to project that over a period of time and for a range of development scenarios. That simplification is welcome.
I take a slightly different view on section 106. It goes without saying that where section 106 is engaged, we are dealing in large part with complex, difficult, challenging projects. We have to ensure that local communities have trust in the process and that it will deliver the outcomes they expect to see. Inevitably, there is an element of commercial negotiation, because viability can often be engaged where we have multiple demands on investment in a local community, so it is right that we go through that complex process. I think CIL helps in terms of taking—[Inaudible.] The complexity of section 106 is merely a reflection of the complexity of the projects we are dealing with and the wish on both sides—both the community and the developer—to ensure that the infrastructure that is required to make the project work is actually delivered.
Victoria Hills: We have been very clear that anything that comes in needs to not overcomplicate an already quite complicated system. As proposed, the infrastructure levies will all go through PINS—the Planning Inspectorate —which we think will add more delay and cost to the system. We are advocating for the new infrastructure levies to get directly agreed by local authorities with the Secretary of State or the Department, to take out some of what I think you are alluding to—the horse trading, the negotiation and all the rest of it. Then, there is one discussion between the directly elected authority and the Department, and that gets agreed. You can take months and significant cost out of the whole system by not running it through PINS.
Another important point, which I could not make earlier, is that it is really important to understand how, in simplifying the system, the new infrastructure levy will sit alongside other statutory requirements—not least biodiversity net gain and affordable housing—and how, in simplifying it, it will balance out those quite complex aspects. The requirement for affordable housing has always been the case, but biodiversity net gain was not a thing before.
At the moment, until we see the detail, we are not convinced that it will all be simplified. There are some important complexities to take on board.
Rachael Maskell (York Central) (Lab/Co-op)
Q
Victoria Hills: We have always been very clear that the way to deliver great places and great communities is through a robust local plan and framework where the local authority has the opportunity to set out their priorities, which could include some of the aspects you referred to. The elevation of the importance of the local plan in all this is welcome. The detail, which we do not yet have, is on to what extent local authorities will be able to carry on delivering priorities through policy, and to what extent they will get pulled out into the national framework.
We support the principle of the local plan being elevated. We recognise that it is the only way you can move ahead with delivering on agendas including net zero, affordable housing and well-designed, healthy homes. If you are going to have policies against second homes, that may well be something to prioritise in your local plan, or in national guidance—the detail is yet to be seen on that.
Whether or not it meets the housing numbers is still an area for debate. The Government are on the record saying that is very much the plan in action. We will be advocating for local authorities to be well resourced, without delay to the national framework, to enable them to get on with the business of producing local plans as quickly as possible, in order to provide certainty for local communities and the development sector, so that it can get on and start planning and then building. It really just relates to the earlier theme of resourcing.
However, there also needs to be no further delay. There is an urgent need to deliver more homes, as we know. The housing waiting list continues to rise, and more and more people are still desperate to have a place of their own. The need continues to grow, so it is important that we move forward quickly on any regulatory reform and that we move forward with a resourcing package—which surely must include bringing up the planning fees as well, to help to move those things forward as quickly as possible.
Tony Mulhall: I totally agree with Victoria’s point about the importance of having up-to-date local plans, and the important aspect in the Bill of being able to combine local authorities so that they better match their functional urban region or their socioeconomic hinterland. That is important because we are spending a lot of time and money squeezing the carbon out of our buildings, but there will not be much point in doing that if we have to drive miles to get to our jobs and schools. It is critical that we have a proper planning system linked with the standards of quality construction that will achieve climate change.
On the point as to whether the measures in the Bill will deliver the target of 300,000 houses per annum, the feedback that I get from our members is “No.”
Stuart Andrew
Q
In the previous evidence session, we heard that people often describe planning as something that happens to them. Do you think that the measures in the Bill will increase community engagement in all aspects of the planning process, particularly the development of local plans and other individual planning applications? Do you think that some of the measures, such as the introduction of the neighbourhood priority statements, will help to increase the number of neighbourhood planning groups that might be spread in areas that have been difficult to reach so far?
Tony Burton: Generally, we think the Bill is helpful for communities who want to have more of a say on planning issues. There are one or two headlines. The most pre-emptive one is that the Bill confirms the statutory role for neighbourhood planning, given the uncertainty since the publication of a White Paper that said relatively little about it and that brought forward some proposals that would have shut out community input, such as those at the planning application stage.
The specific measures around neighbourhood planning, and I appreciate that your question goes wider than that, are relatively limited. The adjustments to the basic conditions and the broad definition that has been provided, which is helpful, will not have a significant impact on take-up. They will help to clarify some elements of process. And neighbourhood planning will be caught up in the same changes as local plans, when it comes to the primacy of the development plan and the centralisation of the development of management policies. Again, they need to play out, but much of that is welcome, because it attaches additional weight to the document, and to the time and effort that volunteers invest.
The neighbourhood priority statements are triggering some interest among the groups we work with, but they are also raising a significant number of questions. In our view, if the aim is to support greater take-up, particularly in urban areas, which I know the Minister is keen to see, then more needs to be done. They need to be seen as something that is additional to and complementary to neighbourhood planning, not a replacement for it.
The legislation is quite weak in the weight that needs to be attached to it by local authorities; the “have regard” requirement is weak. We have a decade of experience in London of boroughs not really taking that much notice even of neighbourhood plans, which are statutory documents, so we would like to see a stronger weight attached.
It needs to be confirmed in the legislation, not just elsewhere, that it is about more than informing local plans. We understand that that is the Government’s intention, but the current drafting of the Bill is quite restrictive. We think that it would be really sensible if the Government supported communities to pilot and to try to make all priority statements before the legislation is finalised, so that we get a real sense of what they could achieve.
The disappointment is that the local planning provisions are not more extensive, to encourage wider community involvement. We are about to publish our “The State of Neighbourhood Planning in London” report this evening, and it shows that progress in engaging communities is still being hampered by obstructive local authorities in many cases. Therefore, we believe that if the Bill is to effectively engage communities in leading development, as opposed to responding to it—doing planning, as opposed to having it done to them—it really needs to strengthen the legal duty on local authorities to support neighbourhood planning. It needs to give neighbourhood forums the same powers as parish and town councils in receiving and spending the neighbourhood element of the community infrastructure levy. At a stroke, that is the single most important thing that the Government could do to encourage local planning in cities. The Bill also needs to set time limits on local authorities making decisions on key stages.
The final point we would make is that the Bill itself will not be enough, and that there will need to be support for communities to engage and involve themselves. We would put particular attention on the role of the neighbourhood planning support programme, which is probably the single most important measure available to accelerate community involvement in planning decisions. It could be significantly improved and increased.
Jonathan Owen: I am sure it will not surprise any of you to hear that probably the No. 1 issue affecting 10,000 parish and town councils and 100,000 councillors is planning. That is top of their agenda, and I think it would be fair to say that we need to look at every way we can to make sure that the public are more effectively engaged with the system. We are pleased with the emphasis on a plan-based system—that is right—and public engagement in that planning is absolutely vital.
The main area of interest for us is neighbourhood planning, and parish and town councils have really been in the driving seat of producing those plans. I think there have been about 3,000 so far, with about 90% done by parish and town councils. They have had amazing referenda, with something like a million people voting in them over the last few years. I think they cover an area of about 10 million people. That is a really good way in which the public can engage with the planning system, but there are thousands and thousands of other communities that are being left behind and that do not have neighbourhood plans by parish and town councils or neighbourhood forums.
Some of the feedback that we had from our 10,000 parish councils was that they were concerned that it will be costly and time consuming, and that the neighbourhood plans will be overlooked and not taken seriously by principal authorities. A lot of the measures in the Bill will help address those issues, which should help with promoting neighbourhood planning.
This must not stop with the Bill. If you are going to reach the other 7,000 or 8,000 communities, we need to make sure that we are promoting neighbourhood planning and its benefits, and that we are investing in helping those communities to do that work. I would encourage you to continue with the grants that are available, and perhaps to make them easier to access. We have had a good start to neighbourhood planning, and I am really pleased that you are committed to continuing with it and making it more effective. We will work with you to try to make that happen.
There are a couple of bits of other feedback around the infrastructure levy. Again, that is to be supported, but there is a risk that because the percentage is the same regardless of whether you have a neighbourhood plan or not, there might be a slight disincentive to produce a neighbourhood plan. As you know, there is a boost to the share of the community infrastructure levy if you have a neighbourhood plan. It would be good if you could consider how best to address that point, so that people are incentivised to have neighbourhood plans and to engage effectively with the public.
On the specific matter of the mini neighbourhood plan, I think that is fine but, again, we need to make sure that doesn’t limit communities’ ambitions to go further and to have neighbourhood plans. We probably need to balance that territory.
I have been amazed by the innovation of many neighbourhood plans and the things they are now trying to address, including climate change, health and wellbeing, such as dementia-friendly aspects, and a vast range of other things. Clearly, we must not lose that innovation. We must use this Bill to drive forward neighbourhood planning and get more people involved with it, and I think that would be a good thing.
Stuart Andrew
Q
Jonathan Owen: I think one thing we have learned over the last couple years is that people are getting more and more used to digital engagement and using such systems, so that probably will be the case. Obviously, you will need to review and monitor it, but I think it is certainly something that is worth developing further.
Many of our parish and town councils are already using digital processes when considering planning applications for principal authorities, so I think that could well make a difference. There might be some capital investment required to ensure that even remote communities in the middle of rural Suffolk, where I live, can access the material online without being excluded.
Tony Burton: Our experience is that digital is part of the answer. In relation to local and neighbourhood plans, we would point to the opportunities it presents around new, complementary forms of community engagement—there are now a variety of tools available to support that—and more effective ways of pooling and analysing the evidence that is required, which is often a minefield of PDFs that do not link to each other or help people to navigate the system or get to the nub of the issues.
There is a potential—this is something we have been pressing for—for the neighbourhood planning support programme to provide bespoke support around this and to offer provision for particular elements, such as centralised tools or databases. Also, we would emphasise more digital mapping. Almost by definition, planning is about maps and places—it is spatial—and yet the ways in which we bring everything together on a map are still rather clunky and not all that effective. The best of what is out there shows what can be done, and the best should be the norm.
I would emphasise that digital is only part of a solution. It is no panacea and nothing is more important than the peer-to-peer, face-to-face support that communities need to support them to be their best when it comes to engaging with these processes.
The Chair
I am afraid that this will have to be the last question from the Ministers before I move to the Opposition spokesman. Minister O’Brien, I believe you have a question.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O'Brien)
Q
Jonathan Owen: We are really keen to see the detail on some of the other aspects of the neighbourhood governance review. The White Paper held out for us real promise to ensure that the opportunities of devolution and levelling up were really seized, so I hope you will not mind if start off by encouraging you to consider how you can build aspects of that wider review into the Bill. We are particularly keen to see the review conducted within quite a reasonable timescale, to be involved in the process and to make sure that any proposals that come out of it are enacted. We would quite like to see some sort of placeholder clause put in for street votes, to say that the neighbourhood governance review will be completed within a certain time and the agreed proposals enacted. I do not know whether that is possible, but I really do think you might miss an opportunity if you do not engage fully in that review and implement some of its actions.
The key things for us are about making it easier to set up parish and town councils. At the moment, about two thirds of the country has a parish, but only about a third of the population, which means that two thirds of the population are missing out on having the first tier of local government supporting community empowerment and helping them address the big challenges that we face. Many of you will be aware of the research done by Onward. Its social fabric index showed that places with parish councils tended to have a stronger community identity and so forth. I think there are some real opportunities that need to be picked up either as part of the Bill or as part of that wider neighbourhood governance review.
The other big area for us is funding of the sector. At the moment, our councils are not necessarily able to access some funding streams, such as the community ownership fund and other things. It would be good to look at making it possible for them to access that funding. An interesting example of that was how, through the covid pandemic, a lot of our 10,000 councils stepped up really early, as you will be aware, to set up volunteering arrangements and support local communities. Many of them did really great things, but many of them lost out from lost income. You were able to compensate the principal authorities but unable to compensate parish councils that had lost out. To be honest, principal authorities were reluctant to devolve much of the funding they received down to our level.
I think you should consider using the Bill to put in place a mechanism whereby you would be able to fund local councils directly. That could be really helpful to this Government and probably to future Governments when another big problem happens, such as the pandemic, so that you would be able to reach down to communities throughout the country and provide some financial support or lifeline as necessary.
On the street votes, we will be interested to see the detail on that and, again, picking up on my other point on neighbourhood planning, we just need to make sure that that complements and does not replace the wider neighbourhood planning role.
Finally, returning to the last question on digitalisation, the holding of remote meetings has been really useful in the last couple of years. We have seen evidence that lots of members of the public have attended parish and town council meetings because they are able just to attend for the one item that interests them, which is often a planning matter. Enabling councils to meet remotely and have engagement remotely from residents would be really good.
Tony Burton: I think it is a really helpful question to be asking at this stage. There is experience from similar questions that came through on the Localism Act 2011, from which some of the existing community rights measures stemmed. If we look back over those 10 years, we see that some have been successful and some have disappeared, frankly—they might be on the statute book but no one is using the power they provide. The things that worked are those that responded to what people want—there may be lessons here for the provisions you cited and others in the Bill. They were a response to what our communities were asking for, as opposed to us saying, “We’ve got a good idea. Please will you use it.” Some came with support and help, which allowed communities to really understand how to navigate and use the process and talk to others that are maybe slightly further ahead of them in the process. Some in a sense held the ring on some of the bigger questions.
That is why neighbourhood planning is so good. It is such a flexible and strategic tool, as well as being locally specific. You can make it a single policy about a single issue if you want, or you can make it a mini local plan that covers the bases. It is up to the community to drive that process.
I would also encourage you to anticipate where there will be blockages in the application of whatever powers or rights are being established. With neighbourhood planning we have had to retrofit a lot of those, and it has not been that helpful. There have been things such as the timetables for local authorities to make decisions and some of the powers to appeal to the Secretary of State. It is actually worth stress testing these against the worst cases within which they are trying to be applied as well as thinking that we are always going to be operating in a benevolent environment.
Levelling-up and Regeneration Bill (Fourth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 23rd June 2022
(2 years, 5 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 23 June 2022 - (23 Jun 2022)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister for Housing (Stuart Andrew)
Q
Good afternoon, Andy. It is good to see you and thank you for giving up your time.
Andy Street: You, too.
Stuart Andrew
Q
Andy Street: I will give you a straight answer to the question in one moment if I may, Mr Andrew, but let me give a bit of general context. This, I think, is a very good example of where the combined authority has been able to demonstrate the fundamental principle that each can achieve things that individual local authorities working on their own probably would not have done. Of course, the critical point is that we achieve it by working with our local authorities, but we can clearly demonstrate that we have brought additional firepower.
The stats are very clear: we have hit our housing target in this region over the last four or five years, and we had, pre pandemic, doubled the number of homes being built every year in this region. One way that we were able to do that is, of course, working with central Government by deploying the brownfield land funding that the Department for Levelling Up, Housing and Communities had allocated to us in various tranches. We have made the existing system work, and very clearly we probably would not have had a negotiation—for example, Walsall or Wolverhampton separately—with DLUHC had we not existed.
Coming to your question, we are doing this against a good backdrop. We hope we will win further funding in due course to advance this even further, but on the reforms in the paper—it is a general question—essentially I would be supportive of them because they do bring simplicity to the operation. I do think that one of the challenges we constantly face is the time difficulty in drawing these items to a conclusion.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O’Brien)
Q
Andy Street: The answer to the first question, in one word, is yes. Let me explain why, and this is something that Minister O’Brien and I have talked about for probably a decade, since we were both in previous roles. If you look at the economic history of this country and compare it with other, similar countries, we definitely have a weakness in the out of London areas. There is nothing original there; we know that. Of course, part of the answer is to try to address that in what you might call areas of sufficient scale. I think the thing that the combined authorities have done, as you could argue that the more successful and bigger LEPs did as the precursor to it, is begin to think about economic policy at an appropriate spatial level, or what the books would probably call a natural economic area—a travel-to-work area or whatever. That, I honestly think, has been one of our great successes. Transport policies do not stop at the end of Birmingham when it moves into Solihull, as Gill’s market does not stop at the end of Wolverhampton when it moves into Dudley. We have been able to think about these determinants of economic success across the appropriate geographical area. In our case, that is not yet fully complete, and if you look around the country, you see that other combined authorities are more clearly incomplete in that sense. I would argue that they should be encouraged to expand to fill their natural economic areas.
In terms of the advice, I think there is one simple word: you have to make sure that everybody is up for it. I do not believe this should be imposed. I do not think this should be about unwillingness. I do believe there needs to be a sort of buy-in to the core principle that the very first question is that everybody has got to be prepared to compromise and make this work for it to be a success.
Neil O’Brien
Q
Andy Street: Brilliant. I actually think this is probably one of the single most important parts of this Bill, and I am not sure it has had—what is the word?—the celebration it probably deserves. If you look at the long-term determinants of inequality, the intensity of R&D in an area is absolutely critical. You only have to look at the states of the Union and at an area such as Massachusetts and its leadership in R&D in medtech to see how Boston has become the most successful city in that sector by a country mile.
We have had a lopsided country in terms of public R&D—not just a little lopsided, but hugely lopsided. If you look at the West Midlands, we are very successful at drawing in private R&D, and we are very weak at drawing in public R&D. Our ratio here is four to one. It is definitely the worst in the whole country. It is ironic, isn’t it, because the private sector sees the opportunity and the public sector has not seen it in the same way? So for the Government to commit to tilting that and leveraging in even more private sector cash on the back of that is very important.
What has got to happen to do it? Frankly, we have got to change our approach to some extent. There is a whole piece here about cluster theory. Our public R&D has been incredibly focused in a very small number of research councils and research universities, which are basically around our automotive sector. We need to continue to play to that strength, but then to balance that by looking at the medtech sector, the fintech sector and clean growth. That is where we will be putting our focus in the innovator accelerator, so that it is a catalyst for us to improve our performance in new, adjacent sectors. So that diversification approach is a very important sprat to catch a mackerel—that’s what I call it.
The Chair
We have unfortunately almost run out of time. I was tempted to see whether the Housing Minister wanted to come back and chat to our witness, but he seems to be pointing to the fact that time is up. Or does he want to use the remaining minute?
The Chair
The time is up, I am told. Thank you so much for coming, Mr Street. Your evidence was extremely clear and very helpful to the Committee.
Andy Street: Thank you very much.
Examination of Witnesses
Nicholas Boys Smith, Lizzie Glithero-West and Adrian Dobson gave evidence.
Stuart Andrew
Q
Nicholas Boys Smith: I assume that question is for me. Thank you, Minister. That is a very profound question, and I do not mean that in a sycophantic way. The current percentage of British people who trust planners to make their local neighbourhood better is in medium single figures, and for those who trust developers, it is in low single figures—between 4% and 7%. Despite the widely accepted desperate need for new housing, the instinctive assumption of most neighbourhoods, most of the time—sorry, this is a bit of a coda, but we have the lowest houses to households ratio in the western world—is that new development will make places worse. That informs the politics of all large developments and most small ones.
That is new, and it used not to be the case 50, 70, 100 or 200 years ago. It is something that is particularly prevalent in this country. Until we fundamentally fix the instinctive assumption that people have—before they learn more—that new development will worsen your bit of the world, the caught-between-the-horns nature of the politics of housing will never go away. As elected Members of Parliament, you do not need me to tell you that. This is not a criticism of the Bill, but it will not fix that—no one bit of legislation or set of actions can—although some elements of it are relevant.
I will say one final thing before I shush so other people can come in. This is not just about support for new housing, important though that is. Provably, where we live has very measurable and, in some large degree, quantifiable and predictable consequences for the lives we lead, our personal health, our mental health, how many of our neighbours we know and how much we walk in our daily existence, rather than just jumping in a car to go to the shops. It has very profound consequences, not just for spatial development patterns, but for the depth with which we tread upon the planet.
The Chair
Q
Lizzie Glithero-West: Very briefly, because I am sure that Adrian will have some points on this. From the perspective of heritage and the environment, the Bill and the things around it—I support the point that this is not just about the Bill, but about the policies around it—should support sustainable reuse of buildings. Some of the best new homes are not necessarily new built; they can be renovated. Something that would be on our list for the Government to think about alongside the Bill would be the incentives to encourage reuse rather than demolition and new build.
We welcome the possible introduction of design codes, which would allow for developments that could recognise the local vernacular. Design codes should offer sustainability, safety and quality. There is a big point about the protection of designated heritage assets, as well as non-designated heritage assets, which are not necessarily included in the Bill. Some provisions could be made, either within the Bill or around it, to incentivise repair and saving buildings, and using them as a way to keep the character of a place rather than just resorting to new homes and new buildings.
There are two things that we could look at in particular. The first is removing the permitted development right for demolition, which is a problematic loophole at the moment; it incentivises flattening beautiful buildings that may not be listed. Secondly—I can presumably talk about this in more depth later—we could look at the VAT on the maintenance of current buildings. That is normally 20%, which is completely contrary to the 0% rate for new build and incentivises the wrong solutions for the environment as well as for local communities.
Adrian Dobson: The Building Better, Building Beautiful Commission highlighted the value of good design, presumably in part because communities are more likely to accept well designed buildings. It also highlighted a lack of resource within the planning system, particularly in design expertise. The Bill itself places a lot of emphasis on local design codes. I am sure the Committee will want to talk about that; it is something that excites quite strong opinions both ways. Some people see local design codes as a way of establishing good basic principles, greater certainty around development and the ability to reflect local needs, but some people see them as potentially stifling innovation. That would be one way of addressing the issue.
I think it is important for us to think about design as not just being skin deep, although it is about appearance. Good quality design needs to address issues around sustainability, quality of build and the health and welfare of the people who use the buildings. When we talk about the Bill, there are perhaps some contradictions at the moment. There is possibly a contradiction between emphasis on local design codes, but growth in permitted developments. They seem to contradict each other slightly, and that might be one thing to think about. Also, there is a tension in the Bill between national development management policy and its relative weight against local development plans. Again, that might be part of the area of debate on the issue.
To follow up on something Lizzie said about the sustainability and embodied carbon aspects, we probably ought to be making more presumptions on reuse, retrofitting and alteration of existing building stock, and not just looking to new build as the solution to those issues.
Stuart Andrew
Q
Lizzie Glithero-West: We believe that heritage is at the heart of the levelling-up and place agenda. We are really pleased that heritage is in the Bill and has its own chapter—chapter 3. There is a lot to welcome in the Bill. Given that heritage has not recently had any distinct legislation of its own, as we had hoped to have with the draft Heritage Protection Bill of 2008, nor is it likely to, it is important for us to take any opportunity to address some of the legislative aims of the sector and policy makers. Many of those aims had cross-party support. This Bill is one of those significant opportunities. There is always more to be done around heritage protection, but several elements of the Bill, and some further measures we have sent in a briefing to the Committee—I can unpack that, if it would be helpful—address some of those long-awaited calls from the sector.
We strongly support clause 185, which would make historic environment records statutory. That has been a long-term ask from the sector, and it features in our heritage manifestos. The sector is delighted that this has made it into the Bill, and I congratulate those working on that behind the scenes. We strongly support clause 92, which extends the protection of heritage assets. We suggested a limited number of key additions to the heritage assets list that would ensure that protection was clearer and more comprehensive, and those are outlined in our briefing.
Given the presidency of COP26 last year and the recognition of the climate emergency, we hope to see more action from Government in parallel with the Bill, or possibly within it—for example, the mention of permitted development that I made earlier for demolition —to encourage the use of current building stock over a presumption to new build. We hope that will be picked up in tandem.
Clauses 93 and 94 are also welcomed by the sector. Clause 93 makes stop notices, which have long been available within the wider planning system, applicable to heritage consent regimes. There is strong support from some in the sector for clause 94, which says that urgent works can be required in certain cases where listed buildings are occupied.
I think clause 95 is the one that you are probably referring to. There is general agreement from the sector that there needs to be a better system for the protection of buildings that are being considered for listing. The whole sector recognises that interim protection of heritage during the listing process is important. There are different views in the heritage sector on the proposals in the Bill to address that. Many in the sector welcome the removal of compensation in clause 95 and would go further by asking for a duty on local planning authorities to serve a building preservation notice where they believe criteria for listing can be met.
A significant minority, however, have concerns about the removal of compensation from those wrongly served a BPN, which could result in delays and losses. There is a concern that that would set a precedent for other compensation clauses. The organisations that I mentioned would rather have a system of interim protection akin to that in Wales. It is important for the whole sector that there is clarity on the approach taken in any transition period until the Act is fully effective. There are other bits I would like to mention, but they are not necessarily directly on the heritage angle and are particularly in relation to the replacement of environmental impact assessments and strategic environmental assessments. We can come on to those if the Committee would like to touch on them later.
The Chair
Q
Nicholas Boys Smith: I will make a quick point linking to the wider discussion on levelling up. The danger in the years to come is that as public sector money rightly supports the regeneration and investment in left-behind towns and places, in areas with low land value, that could actually lead to the reduction in quality of the urban realm and thus the reduced liveability of lots of historic but low-value places—the Grimsbys, the Hulls and the Stoke-on-Trents of this world. It is very important that the Bill focuses on the protection of heritage.
I think it will be very important in the years to come to think hard about how we protect, as we do not do quite so well at the moment, late Victorian and early 20th century heritage. At the moment, the ability to list gets much tougher for the late 19th century. This is not something that needs to be done through the Bill; it could be done through secondary legislation or guidance. We should make sure that as lots of money and focus goes on to levelling up places, we do not, as we have too often in the past, erringly do great harm to areas with unlisted and perhaps not very fashionable early 20th century-style places.
The quality of the urban infrastructure and realm of many of our left-behind towns is fantastic. They are often post-industrial towns with much lower levels of listing than the Salisburys and the Winchesters of this world; that is no disrespect to Salisbury or Winchester. There is a quite urgent need to face into that. Doing so would have the added advantage that more of our housing requirement could hopefully come in a more sustainable pattern from these rather under-utilised, under-invested-in and under-lived-in towns in the midlands and the north.
Matthew Pennycook
Q
Dr Benwell: I should have brought my copy of the Bill. There are actually some very good bits in clause 117. The Government have done quite a good job of writing in the mitigation hierarchy, which is welcome to see. The problem is linked through to clause 127, which allows everything in preceding parts simply to replace existing environmental law. It would be much better if the Government came forward with fully worked-up proposals for how to strengthen the existing system of the EIA and SEA, rather than taking the approach of giving themselves the powers to take out layers of environmental law and put in something different.
You mentioned clause 120, the so-called non-regression clause. It is obviously a good thing to have a commitment not to weaken environmental protection, but I am afraid that the efficacy of such a clause is really in doubt, for a number of reasons. First, it is the Secretary of State in whose opinion environmental law has to be maintained at an equal level. That is a highly subjective opinion left in the hands of Ministers—and, just to emphasise, not a court in the land would challenge that on the basis of ultra vires without it being patently absurd. Courts are really deferential to decision makers, so if a Minister were to say, “Yes, this is equivalent,” that statement would have to be really, really daft for a court to challenge it. So we think that that kind of non-regression provision is unlikely to be robust.
Secondly, the other noteworthy part of the non-regression provision is that it talks about overall levels of protection. That is where we come back to the idea of talking about the environment in aggregate and those big broad trends of species-level data, which is really important—like Carolyn, I think that we should be linking back to the Environment Act targets—but it is not sufficient. We must keep in place the rules that protect the particular, the peculiar and the exciting at the local level that matter to important people, and those local populations of species and habitats that are so important. Otherwise, we get into a runaway offsetting mentality where the assurance that things will be better overall can be taken to obscure a lot of harm to the natural environment at the local level.
So there are some good things in clause 117 and some nice sentiments in clause 120, but overall they do not give the reassurance that would be provided by simply taking time to work up provisions in full and bring them forward in primary legislation rather than giving Ministers the power to swip and swap through regulations.
Paul Miner: I have nothing further to add on this question.
Carolyn McKenzie: I have nothing further to add other than to reiterate the local element. You do get lots of peculiarities in different areas, and they can be lost, so we must make sure that they are not.
Neil O’Brien
Q
Paul Miner: We think that a brownfield-first approach to new housing and commercial building development can have a number of benefits. We have seen constantly over the years that there is enough brownfield land available for over 1 million new homes in any given year, and this supply of brownfield is constantly replenishing as more sites come forward, and it is possible to build at higher densities.
We think there are a number of clauses in the Bill that could help with brownfield regeneration, such as those relating to changing compulsory purchase order powers, as you have mentioned, and the infrastructure levy. Getting local plans in place more quickly will also help to bring brownfield sites forward. So we see a lot of benefits to a brownfield-first approach.
However, the problem we have consistently had over the past 15 years, under both Conservative and Labour Governments, is that it has been easier for large housebuilders to bring forward speculative developments through the planning system, often not contained within local plans, than to be able to get these schemes through at appeal. We think there are a number of measures the Government need to look at.
Some of these may involve legislation but more involve changes to policy to give councils more power to set targets for the amount of housing needed in their area, to make sure that housing targets reflect what is likely to be built in the area, as opposed to what house builders say when they claim to be meeting housing targets that they then do not build, and to identify local needs for affordable homes. In many areas of the country they are crying out for affordable homes, but the kind of housing that is being built is not meeting those identified needs.
We recognise that there is a lot in the Bill that is helping to bring forward the benefits of a brownfield-first approach, in terms of, as you say, embodied carbon, saving precious agricultural land and regenerating communities in of need levelling up. At the same time, we think there is scope to do much more.
Neil O’Brien
Q
Carolyn McKenzie: To build on what Paul has said, I think the circular economy is missing from the Bill. There is not much that is looking at what can be reused, recycled or reclaimed. It is about the new, and sometimes that is not the best way to go. Specifically around things like housing retrofits, it is about repair and regenerate rather than new housing. There is not that look at retrofitting that there should be, bearing in mind that the majority of housing we have is already in existence.
Neil O’Brien
Q
Carolyn McKenzie: The first thing would be to actually have a mission in the Bill that relates to environmental outcomes, as the Bill does not have such a mission in there. Even though there has been some commitment to sustainable and non-competitive funding, if there is no mission then you cannot link that back. When you have funds such as the shared prosperity fund, which will take regard of the environment, if there is no mission you cannot just say, “Well, this is a priority.” So having a mission on the environment would definitely push this along.
There is a need within devolution to be clear about people’s roles. At the minute, everything that is done around climate change is done by local authorities, both at county and district level, because they have been driven to do so by the public through climate emergencies. It is not because we are being asked to do it. That drives action, absolutely, but it drives different types of action—inconsistent action—and the data is different so you cannot compare.
Also, when you get things like covid coming along, or Ukraine, or inflation, the risk of dropping down the agenda is really high, so that sustainable approach to funding is needed, rather than there being small pots of funding and grant-based funding, which can change and is short-run and competitive. That approach is not great for really putting down the foundations and encouraging local authorities to work with partners and to partner up. We are looking at working with the private sector, residents and other public sector bodies to really partner up their funding with our funding, to get more bang for our bucks and to achieve more through things like volunteering to plant trees, which involves health and social, and tackling fuel poverty, which keeps people out of hospital as well as reducing carbon emissions. As I keep saying, that integration is really key.
Again, when we look at things to spend money on, we really need to look at what is needed at the local level. There are lots of things that will be consistent that people need to spend money on, but there will be lots of differences and nuances at the local level that will make it better spent. I reiterate again that 41% of Surrey’s emissions—we are not unusual among other authorities—are down to the private car. With little or no funding for public transport, it is a really difficult target to hit to get people out of the car. You can get people to change to electric vehicles, but that has an equalities aspect to it: not everybody drives and not everybody can afford it. Public transport and good safe routes for walking and cycling are really crucial, as is the housing side, again.
Neil O’Brien
Q
Paul Miner: Yes, we have done plenty of work on that, which we can send to the Committee. In particular, we produced a report a few years ago on public transport-oriented development, which showed that you could get much higher densities in urban areas that were already served by an intensive public transport network. In turn, that mutually reinforced and made sustainable public transport improvements within that area. There is certainly more on that that we could send to the Committee, which we would be very happy to do.
In addition to Carolyn’s point, I also want to say something very quickly on the rural aspect as well. Cornwall in particular is a possible trailblazer on rural devolution, in terms of what it has been able to do to integrate its transport network—that is in trains, ticketing and single points of information. It has also done some great work in terms of setting housing policies and on retrofitting rural housing stock. It does seem to be an exciting model that others could look at.
The Chair
Richard, we have not forgotten you; we will ask you to comment in a second.
Carolyn McKenzie: The key point on that is that there are so many different actors and so many different funds in respect of devolution. It is about looking at how we co-ordinate that. I am proposing to my authority to look at taking a lead climate change authority approach, similar to the lead local flood authority approach, so that we can actually co-ordinate, get the data down, look at what is relevant for the local level and deliver on that. We can then use that data to influence the funding that we bring in or to influence Government funding pots, so it is appropriate. That co-ordination element among all the different sectors is really key. At the minute, it is not there around environment. There are lots of different people and lots of different areas to come from.
The Chair
For your benefit, Sir, the purpose of this Committee is to gather evidence to help us when we consider the Bill as we go through it line by line next week. One advantage of this Committee is that the Minister gets to ask questions. That is the only fun that he will have in this Committee, so I think we will start with him.
Stuart Andrew
Q
Dr Ellis, thank you very much for your time this afternoon. Could you perhaps tell us what your organisation and its members think about many of the reforming aspects of the planning system that are contained in the Bill?
Dr Ellis: I think they regard it, and we regard it, as a mixed picture. We welcome the issues on hope value and on development corporations, and strengthening the development plan is certainly welcome. But then there are a series of issues on which we need some serious reassurance. There are just three. First, how can we drive delivery and does the Bill do enough on that. Secondly, democracy and public trust are absolutely critical to everyone because, as we have already heard, there is a lack of public trust in the system. Finally, there are the really positive measures that could be taken on climate change.
Briefly, I will throw one more in. When we write legislation on planning and when planners think about the future, we often have a tendency to think about it through our lens. I think it would have been great to see more creative, local community solutions in the Bill, particularly on the cost of living. The planning system has enormous potential to be a solution for things such as local food growing and local flood defence. It would have been great to see some concrete measures enabling that kind of activity from the bottom up.
Stuart Andrew
Q
Dr Ellis: The primacy of the local plan is really important. We are very worried about the relationship with national development policies and whether that masks a centralising tendency. Local and neighbourhood plans are so important in giving certainty to communities. As is often the case, we are making some changes to the process of planning reform—that is nothing new—but the fundamental issue is about resources. Most people who talk to us about planning and the delivery of local plans would say, “Well, if we had more resources we could deliver them more quickly, and if we had more certainty we could also do that.” So we should not get too hung up about changing the law.
We have divided the local plan into several pieces now through this Bill: we have said there is a local plan, then a supplementary plan, and then a strategic plan, and two of those are voluntary and one is not. In that sense, we have created that framework. The answer is that it all depends: it depends on resources and on how much power the Secretary of State wants to take to the centre on the content of local plans. We have an honest concern that if you want to rebuild public trust, you need to handle those powers with extreme caution.
Stuart Andrew
Q
Dr Ellis: I think we do. We are obviously desperate to preserve the rights to be heard. That is an important point. We are losing some rights to be heard and communities really need them. The TCPA fought for them from the 1960s onwards so that people had a right to be in the inquiry of a plan. Our planning system is very asymmetrical; the development sector is very dominant in that process.
A lot of people are sceptical about the idea of neighbourhood planning. I admit my own scepticism about it, because plans are often happening in places with more social and economic capital than others and we absolutely have to address that, but they are proving powerful—I speak as an ex-parish councillor, so I have served my time on this. Whether the statements get us over the line in creating something simple and meaningful is the challenge we want to see explored through this Bill’s progress. Will those statements actually have weight? Yes, you have to have regard to them, but what exactly will that mean in detail? Local and parish councils are denigrated, but they do have a powerful and meaningful role in the planning process.
Stuart Andrew
Q
Dr Ellis: There are two sides to that reaction. First, what is not to like about digitisation? There are some very archaic practices in the planning process and it would be great if we could catch up and have the resources to digitise. That will make information more accessible. It is also really important that we are able to integrate environmental data, because there are competing datasets out there. One of the most important recommendations is that we sort of need a national laboratory for that spatial data, as that would simplify the process no end.
But digital data goes so far. There is an issue about digital exclusion that worries us for communities. We can have as much digital information as we like, but we also need access to the arenas where decisions are made, so there is a twin relationship between understanding what is going on and being able to do something about it. That is where rights to be heard, which we are so exercised about in the planning process, are so important.
Neil O’Brien
Q
As we negotiate devolution deals with areas such as Derbyshire, where we are in talks at present, how do we best bring together the new instruments and new combined authorities to achieve everything we potentially can through spatial planning to drive the kind of join-up you have been arguing for in this session?
Dr Ellis: That is a complex question, but time is short. The single biggest issue is with trust and public consent—whether the people of Derbyshire understand the benefits of the combined authority. I am tempted to say, at the moment, that they do not. People have talked in the past about double devolution, and I think that is still important. You have two problems going on; you have the fantastic opportunity that devolution presents to empower local authorities and collections of local authorities, but then you have an important issue about the citizen and trust within communities, and how they relate to that.
In thinking about the devolution agenda, it is important to show regard and care to things such as parish and town councils—that lower tier—and what powers they might get. Otherwise, all that happens is that you shift the trust problem down a notch. The opportunity is there when resources and powers are provided for places to begin to set a new course that tells a story about that place. That is desperately needed in this country.
My only fear is that we need coverage across most of England—we do need that—and the ad hoc nature of this is giving different powers to different areas. The status of the strategic plan in Liverpool, legally, is different to the one in Manchester, which is different again to the London plan. That might be fine, but it also creates levels of legal uncertainty. There is a tension between those things, but I would continually emphasise the point on community trust and what communities can do, as well as what local authorities can do.
The Chair
Thank you, Mr Ellis, for your clear and concise evidence. We very much appreciate it. We must now move on to our seventh session of the day.
Examination of Witnesses
Gavin Smart and Kate Henderson gave evidence.
The Chair
We are having slight problems with the sound. We will just give it a second. Do you want to carry on?
Kate Henderson: I was just saying that we are very, very keen that, as test and learn is rolled out, housing associations, working with councils and developers, are part of that programme, so we ensure we set the levies at a level that enables the delivery of great places with high-quality affordable housing on site in mixed communities. Doing that in a phased way to make sure it is working, while retaining parts of the old system as this is transitioned out, sounds like a sensible, pragmatic way forward.
Stuart Andrew
Q
Kate Henderson: Taking the second part first, transparency on land ownership is hugely welcome, as are the clauses in part 7 on compulsory purchase. I know this is not the same thing, but they are interlinked. Being able to access land at the right price to capture that land value is a really important mechanism for ensuring that we are able to deliver affordable housing. The best section 106 agreements do that because they understand the infrastructure need in a local area and those policies are in the local plan, so that when you go in for your planning application it is all costed in. I think the main principle of the infrastructure levy is that the cost of the levy is costed in so it can be factored into the price, which factors into what you are willing to pay for the land.
Land transparency is welcome, as is part 7 on compulsory purchase, regeneration and the enhanced role of Homes England, not just as a housing agency but as an agency involved in regeneration and place making.
Gavin Smart: I support much of what Kate says. I do not want to repeat her, but I have a couple of observations. Some of this is about the creation of a new planning system and some of it is about the resourcing of local authorities. Some of what characterises good section 106 negotiations is the ability to negotiate effectively. It is quite hard to design either a section 106 or a levy system in which developers may not come back, either legitimately or less legitimately, to argue that the situation has changed and needs to be looked at again. We have to accept that as a fact of life in these negotiations. It is not done until it is done.
I agree with Kate that land transparency is very helpful. Considering whether compensation needs to be paid in quite the same way as it has until now, and addressing hope value, is a very sensible proposition that we would support.
Rachael Maskell
Q
Gavin Smart: I do not know about adding measures to the Bill, but it is about the quality of local plans and the quality of local decision making. Going back to Kate’s point, it is about making sure we are operating on an objective assessment of need. We need to be sure that in our plans we are delivering the housing that is required for the whole community, rather than simply housing that can make the best return. In that sense, the planning system is something of an intervention to prevent what one might describe as a kind of market failure, which is that the housing market will not deliver the housing we need without being provided with a degree of direction. It is as much about what happens in implementation as what is actually in the Bill and the quality and strength of local plan-making behaviour.
Kate Henderson: There are already tools in the planning toolbox that enable local authorities to deliver different types of development that are right for their area. One example is rural exemption sites. I know your constituency is in York, so you are not necessarily rural, but our rural areas often have high land values and pressing affordability issues. The rural exemption policy enables affordable housing to be developed in perpetuity. A local landowner might be more likely to put forward a piece of land for affordable housing if they know it is going to stay in the community, for the community, so there are policies such as those that can be used. I agree with Gavin: it is really important that the local authority has a good evidence base of what is actually needed, so that when it is making decisions on schemes coming forward, there is an opportunity to argue for the social mix that it wants to see, including affordable housing.
I also think there is a role for different actors in the housing market: who is actually coming forward with proposals? What is the role of Homes England in terms of its land assembly role and its partnership role with local authorities, and how do we get HE more in the mix in its place-making role, as well?
Neil O'Brien
Q
Alex and Will, thank you for joining us in person. The Bill takes forward the devolution agenda by making it easier and quicker to set up new combined authorities, particularly in two-tier areas. It also contains a number of powers to speed up and improve regeneration, from the infrastructure levy to compulsory purchase order powers, high street rental auctions, street votes, heritage protections and land market transparency. How can we use both the devolution agenda and these new tools best to drive urban regeneration and more brownfield development—the kind of development that a lot of people want to see? How can we build on what we are doing in the Bill and make the powers that we are creating work most effectively? I will pick first on Will and then go to Alex.
Will Tanner: First, thank you for having me. It is a very important question, and the Bill goes some way towards answering it. The Bill tries—if I may infer Ministers’ intentions from it—to establish a much greater level of strategic authority in the planning system to bring together different elements that are important for regeneration and economic development in local areas. That includes building some of the institutional framework in the form of both more and stronger mayoral combined authorities or equivalents in counties and giving them clearer incentives to intervene and bring land together with other forms of intervention—I point to the infrastructure levy in particular in that regard, not just at mayoral level but below—as well as creating much greater transparency in information to allow the system to work more effectively and generate more community buy-in. That is both at a national level through the levelling-up mission framework that the Bill sets out, setting a clear direction on where the levelling-up agenda is due to go, and more information for consumers of the planning system through the digital planning framework and, indeed, through greater powers to require information on behalf of local authorities such as owners of high street shops and other parties locally.
Alex Morton: I am a little more sceptical on parts of the devolution agenda. It has worked very well in some places, such as Manchester, but less so in others. London has probably one of the biggest housing backlogs, and obviously it has had a Mayor for a very long time.
For me, the most interesting and best thing about the Bill is the focus or push around trying to make local plans more delivery-oriented, moving towards a system of local plans as delivery mechanisms and not huge, long lists of policies by moving some of that policy up to a national level. It would be good to discuss that further. I think that is the right aim, but there are some difficulties in how that is planned to be done. The shift away from a five-year land supply is also welcome.
Listening to people earlier, what often came up is planning issues x, y and z. Really, planning is just to deliver enough land, so that enough homes are built, we meet housing delivery targets and we do not have a housing crisis. Almost everyone else has a strong interest in planning doing mixed communities, planning doing sustainability, planning doing an ageing society and planning doing obesity. Planning is not really meant to do all those things; it is not some kind of titan that can hold the world on its shoulders. The whole point of planning is that there are sufficient land released to a different mix of developers who will build enough homes so that we do not have a housing crisis. If the Minister is inclined to put in place some kind of definition of what planning is, I would say that planning is designed to make sure that we build sufficient homes of sufficient quality in the right places—full stop. If the planning system could just focus on doing that, we might have less of a housing crisis, with everyone shoehorning everything else under the sun—important and noble though those other things are—into the planning system.
Neil O'Brien
Q
Alex Morton: I think street votes are a very good idea. They are a way to try and encourage communities. They are not a solution to everything—I think we have to be honest about what street votes are. Street votes are in areas where there is high demand in housing and you have relatively low density—particularly Metroland, for example, in London—where you might be able to persuade people to replace a certain amount of terraced housing with four or five-storey terrace streetscapes, which would be quite attractive. That could be a good way in lots of high-demand areas, without building on green belts and green fields, to get a recycling of space. That used to happen. For most of our city’s history, that densification process was natural. You had a single landowner usually—sometimes aristocratic, sometimes merchants, sometimes commercial holdings—who would buy blocks, demolish them and build them up. You have to do that now in a way that is consensual and fit for the 21st century.
Street votes are a way to try to get people together and say, “Look, we can all, on our street, agree that we can build up another few storeys. We will all benefit from this. This will mean that we do not have to build on greenfield sites on the edge of London.” I do not think we should be too optimistic about it in the next, say, five years solving the south-east’s housing crisis. However, it has to be something that the Government moves at great speed on, to try and put pilots in place to get this going, so that if it can work—I think it should—we can then roll it out on a wider scale. That said, I do not think, sadly, that it will alleviate the pressure on green fields in the next five or 10 years, but it is a thing we need to do now if we are to stop building on more and more of our land surface.
Neil O'Brien
Q
Will Tanner: I thoroughly welcome the commitment to maintain the neighbourhood share within the new consolidated infrastructure levy. As you say, the infrastructure levy is compulsory rather than optional and it will apply everywhere, so it represents an opportunity to share a considerable amount of revenue directly with communities where the right governance exists. Parish and town councils only cover about 37% of the English population at current levels—about a third of local authorities are fully parished—so only a relatively small number of places will be able to take advantage of this at first. The inclusion of the neighbourhood share will create a very strong incentive for local areas to put in place strong, hyperlocal governance to control local decision making and some local services within a general power of competence that exists for parish and town councils.
We know from our research that there are strong benefits from that. If you look at rates of volunteering, rates of group membership or rates of local philanthropy, all those things are higher in areas where parish and town councils exist. So I am very supportive of the Government’s efforts to try and create a stronger incentive for places to put in that local governance and to benefit from the gain from development. I would also suggest that it should create a stronger incentive for places to become more welcoming of development as a whole and therefore embrace new housing.
Neil O'Brien
Q
Will Tanner: As the Minister will know, Onward’s first ever paper looked at this issue in some detail. As the Committee will know, at the stroke of a planner’s pen, the value of a piece of land can go up 100-fold. There is an opportunity for the UK to do much more to capture the gains from development in a way that other countries, such as the Netherlands, do more systematically. The Bill goes some way towards doing that through the simplification and clarification of when local authorities can use CPO powers, which will hopefully make CPO more widespread.
I think the greatest opportunity lies in the clarification of what constitutes fair market value. That is a relatively contested area of policy; there are lots of different views from different areas. I thoroughly welcome the proposed Law Commission review into this area of legislation more generally, because I think legislation has spread over a number of years. However, there is an opportunity for the UK to more systematically capture those gains for development, and allow local authorities to buy and assemble land—especially with regard to ransom strips and small plots that hold up development—to capture those gains for public benefit. So I am supportive in principle but keen to see a bit more detail.
Alex Morton: I support the idea of streamlining CPO. I would be quite nervous, as a small “c” conservative and a small “l” liberal, about the measure to have a direction from the Secretary of State setting out the value of land. As Will has just suggested, there is a potential area in terms of ransom strips or other areas. If that was narrowly defined in legislation, so that, for example, on brownfield sites where there is multiple land ownership, there may, in exceptional circumstances, be a direction by the Secretary of State, that would be quite different from the current powers, which look like they could be abused by a future Government that was not sympathetic to property rights.
There is a case, with some ransom strip owners and some landowners who hold out and are unreasonable, for there to be some kind of change to get those people. But that is a big shift in property rights, which should probably be set out in primary legislation and very tightly circumscribed to small areas of brownfield land where there are multiple landowners, or be more tightly defined than the current situation, which I think could be abused—probably not under this Government, but under a future, more radical Government that did not support property rights.
Levelling-up and Regeneration Bill (Fifth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 28th June 2022
(2 years, 5 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 28 June 2022 - (28 Jun 2022)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Patricia Gibson (North Ayrshire and Arran) (SNP)
There is a lot of interest in the idea of levelling up and its lofty and laudable aims, but warm words and good intentions, of themselves, will not reduce inequality across the UK. There is a real flaw in the Bill’s lack of accountability and ownership of each of the 12 levelling-up missions on the part of individual UK Government Departments. Amendments 3, 5, 10 and 12 and new clause 1 seek to address that lack of accountability.
Of course, the Government have given themselves the power to move the goalposts, change their targets, and look as if they are doing what they said they would do even if they are not. Rather than merely marking their own homework, they are also ready to lower the pass mark of the test if they fail it. That tells us how important the Government’s levelling-up plans are. If they really had the confidence in this flagship commitment that they profess to have, why would there be any baulking about objectively measuring their progress on levelling up?
These amendments seek to lock independent scrutiny of the progress of levelling up into this flagship Bill. Here we are, having to debate it, when it should be taken as read. The Institute for Public Policy Research has also called for an independent body, established in law, to oversee and judge the UK’s progress on levelling up. What Government with true confidence in their ability to deliver their goals, as this Government say they have, would resist that kind of scrutiny and accountability? Surely they would exalt in it; it would be the opportunity to demonstrate their success. What have this Government to fear from transparent and objective allocation mechanisms for delivery? The only conclusion that can be drawn is that the Government know that there is more bluster here than actual substance.
True levelling up, of course, requires actual investment, but the necessary financial backing appears to be absent. Any investment must be delivered in a non-partisan and transparent way. Let us not forget that the Institute for Fiscal Studies has pointed out that departmental budgets will actually be lower in 2025 than they were in 2010. How that chimes with and supports the idea of levelling up is something that I am struggling to understand.
Levelling up is an admirable principle, but if the Government are confident that they can deliver, as they say they are, what possible objection can there be to scrutiny? With such attempts to avoid independent scrutiny, it feels as if there is agenda beyond levelling up. If the levelling-up missions do not have the effect of reducing inequality across the UK, then they will have objectively failed in their goal. These amendments seek to measure that progress. Who can object to that?
If the very foundation of the Bill—the ability to deliver greater equality across the UK—is not open to full and transparent, evaluative, published scrutiny, and if that is not written into the Bill, the very principles on which it purports to stand are built on sand, will not inspire confidence and, I fear, will not deliver. I absolutely agree that we do not need the fanfare of a Bill to reduce inequality; it could just be done—a Bill is not needed. A Bill whose stated aims are not open to transparency and independent scrutiny is definitely not a Bill we need, and we are right to be sceptical.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O'Brien)
It is a pleasure to begin line-by-line scrutiny of this important Bill with you in the Chair, Mr Paisley. We have a very distinguished Committee and I look forward to some thoughtful and enlightening debates.
The Government’s defining mission is to level up our country—to close the gap in productivity, health, incomes and opportunity between different parts of the country. That goal is made all the more urgent in the face of cost of living pressures and the inequalities laid bare and deepened by the pandemic.
The levelling-up White Paper sets out that levelling up is a moral, social and economic programme for the whole of Government, not just one Department, to spread opportunity and prosperity more equally throughout the country. The Bill sets out the framework for delivering on our levelling-up missions and places a statutory duty on the Government for the first time to set missions to reduce geographic disparities and to produce an annual report on our progress.
The Government absolutely recognise that scrutiny and seeking expert advice will be important to ensuring that we deliver on our missions and level up the country. That is why we have established the Levelling Up Advisory Council, chaired by Andy Haldane, former chief economist at the Bank of England, to provide the Government with expert advice to inform the design and delivery of the missions.
The council is made up of an expert and distinguished group of people. It includes Katherine Bennett, chief executive officer of the High Value Manufacturing Catapult and chair of the Western Gateway, which brings together the research and development strengths of the Bristol region with south Wales; Sir Tim Besley and Sir Paul Collier, two of our most distinguished economists from the London School of Economics and Oxford; Cathy Gormley-Hennan from Ulster University; Sally Mapstone, principal of the University of St Andrews; Laxman Narasimhan from Reckitt Benckiser; Sacha Romanovitch from Fair4All Finance; Hayaatun Sillem, chief executive officer of the Royal Academy of Engineering; and Sir Nigel Wilson, chief executive of Legal and General. These are very independent-minded people—serious people with deep expertise. The reason why we have brought them together is that we respect and value independent, thoughtful, expert advice.
The Government are committed to enabling Parliament, the public and other experts outside the advisory panel to fully scrutinise progress against our missions. The proposed initial set of metrics have already been published in the levelling-up White Paper, in the technical annex—40 pages, which give all the different ways we will measure all the different missions in incredible, unprecedented detail. I do not remember such detail under any previous Government. The metrics were published in the White Paper and will be refined over time. The analysis included in the annual report to Parliament will be based on the metrics that are here and included in the statement of levelling-up missions that will be laid before the House.
Given the level of transparency and reporting, and the level of input from deep experts, it is unclear what value an independent body would add. The Government will be required to report on set missions within set metrics and methodologies. Instead of creating a new independent body, the Government believe that levelling-up missions can be better supported by focusing on delivering those missions themselves—by getting on with it, as the hon. Member for Westmorland and Lonsdale said. It is also wrong to argue that without an independent body, the Government’s progress towards delivering missions will not be subject to independent external scrutiny. Parliament, the public, think-tanks and civil society will all have an opportunity to comment and report on how well the Government deliver missions, in response to our annual reports.
Patricia Gibson
This has just occurred to me as the Minister has been speaking. I am curious: if child poverty does not reduce, will the levelling-up programme and mission be considered a success or a failure?
Neil O'Brien
The hon. Lady raises a really important point. The last Labour Government had a statutory child poverty target; that target was literally locked into legislation. Was it hit? It was not hit, no. That is why we have adopted the approach that we have; just writing something into law does not mean that it happens, unfortunately. That is why we have created the independent architecture around levelling-up missions: to provide both really serious external expertise in the work that we are doing—I do not think anybody disputes the fact that these are really independent, serious people; and an unprecedented level of detail, to give everybody who wants to criticise the programme all the resources and exact detail they need to do just that. I do not remember any of those things happening under previous Governments.
Missions are intended to anchor Government policy and decision making to level up the UK. However they should not be set in stone. As the economy adapts, so too might the missions, to reflect the changing environment and lessons learned. Of course, some of these things can be tightened over time; we have made remarkable progress on our missions to roll out Project Gigabit and the Shared Rural Network, which are a £5 billion intervention and £1 billion intervention respectively. Over the course of just the last two years, they have transformed the availability of gigabit internet and rural 4G.
Opposition Front-Benchers said, “Why do you have to change some of the missions? That seems very dodgy to us.” Some of the missions will literally have to change. For example, one of the missions that I am very proud of is the one to increase domestic public R&D spending outside the greater south-east of England by a third over the period covered by the spending review. Of course, that prompts the question, “What will happen after the spending review?” We will have to change that mission, otherwise it will just become meaningless. Things have to adapt over time, of course, and I think that everyone recognises that levelling up is a long-term mission; nobody thinks that any of these things, some of which are century-long problems, can be solved in the course of one or two years.
However, the Opposition Front-Benchers made a very important point: the Bill sets out that any changes to missions should be—indeed, have to be—fully and transparently explained and justified through a statement to Parliament where they occur. Nothing will happen without Parliament knowing about it.
Hon. Members on the Opposition front page—Freudian slip; Front Bench—would recognise that some of the missions will just have to change over time; there is no point locking in a three-year mission for the next 30 years. This layer of transparency enables the public and civil society at large to comment on the Government’s decisions. It is unclear what additional benefit an independent body would bring. The Bill sets out that any changes to missions should be fully and transparently explained and justified where they occur. The missions will be rolling endeavours.
Rachael Maskell
The big challenges facing our society, such as climate and the economy, have independent bodies, but inequality and the injustices that come from it will not. What do the Government see as the value of independence when it comes to the Office for Budget Responsibility and the Climate Change Committee that they do not see with this particular agenda?
Neil O'Brien
That is an extremely good and useful question. Everyone remembers the backstory about why we created the OBR. As Chancellor, Gordon Brown changed the assumption about how fast the UK economy would grow, to prop up and justify to the public extraordinarily high levels of public spending. When the financial crisis happened, his decision to change the assumption about how fast the UK economy would grow proved catastrophic, and we ended up with the largest structural deficit of any major developed economy in the world going into the financial crisis, with catastrophic effects on public spending and public services that lasted for a generation.
We changed that because it is very difficult for anyone outside the Treasury to challenge or see some of the forecasting assumptions being made; the macroeconomic and technical work that was happening only within the Treasury prior to the OBR was difficult for anybody to scrutinise externally. Anybody, even Opposition Front-Benchers, could tomorrow update every single bit of data in this document. All these things are public sources; it is straightforward for anybody to hold us to account for them.
However, when it comes to the OBR, it is not quite so straightforward to say, “No, I think the output gap should be different. I think that your assumptions about the fiscal impact of excise duty changes interacting with changes in consumer behaviour are wrong.” That is a fundamentally more difficult thing to do. Ultimately, the OBR was created to protect the Treasury from the kind of behaviours that, I am afraid, we saw under the last Labour Government.
Neil O'Brien
We are going to have to make progress this morning, I am afraid, because we have a lot of clauses to get through. The Opposition amendments are well intentioned—given who the shadow Ministers are, it could not be otherwise—but they are unnecessary and that is why we must resist them.
The Chair
Rachael Maskell, you can make another speech, as this is line-by-line scrutiny.
The Chair
Does any other Member wish to catch my eye? Does the Minister wish to respond?
Alex Norris
I start by saying—given that one of my Whips is in the room, I should not say this—that, for the reasons mentioned, I enjoy these Bill Committees. I am not sure whether I will enjoy them in a few weeks’ time, because we will have been at it for a long time.
Patricia Gibson
Amendment 13 would place
“a responsibility on the Government to publish the resources made available to communities in order to level-up”.
Who could argue with that? In not arguing with it, I cannot help reminding the Minister that Scotland was promised a £1.5-billion-a-year bonanza as part of the Brexit windfall. Of course, the reality is that Scotland has received 40% less funding than it did under the EU funding agenda, and it has suffered a 5.2% cut in its resource budget and a 9.7% cut in its capital budget. Perhaps the Minister can tell us how that supports the levelling-up agenda, because I certainly cannot understand. It is quite galling that as this Government show disrespect to devolved Parliaments—democratically elected Parliaments—by impinging on devolved powers and bypassing the democratic will of the Scottish people in devolved areas, they simultaneously cut their budget in the context of levelling up.
Despite the stated goals of the legislation, the Minister has been unable to say—perhaps he will do so when he gets to his feet—whether the levelling-up missions would result in a reduction in inequality to the point where we would see a reduction in child poverty. What kind of levelling-up commitment would not address the basic social scourge of child poverty? I cannot think what the point of any of this is if we are not committed to tackling that most basic and serious ill.
Of course, as we have heard, we do not need a fanfare to tackle inequality; we just need to get on and do it. We can exalt in our success if indeed we have it, but we do not need a Bill that runs to hundreds of pages but cannot even commit to transparency or to publishing details of the resources that it is willing to use.
In Scotland, the Scottish Government have tried, with their limited powers, to instigate levelling up—for example, with the Scottish child payment of £20 per child per week. That is real levelling up, and these are the kinds of measures that the Bill really ought to tackle to build a more inclusive society. As food bank use rises, we have a real opportunity if we are serious about levelling up, but it takes targeted political will and a determination to tackle the causes of inequality. That is not an easy thing to do—we have to put in a real shift—but a Bill that runs to a few hundred pages with vague missions that objectively cannot be held to account will not convince anybody.
It is clear to see that the resources for true levelling up will not be made available, certainly from the Scottish perspective with the figures I have cited. For all the warm words, and there have been many, it is difficult to have confidence that our communities will see any tangible difference as a result of this fanfare—sorry, this Bill. The Government should have no problem with amendment 13, because they know that no levelling up can happen without resources. Presumably, if they are serious about levelling up, those resources will be committed, so why not publish them? Why do the Government not exalt in their success and the resources they are willing to expend? If this levelling-up Bill and agenda do not reduce inequality or tackle poverty, child poverty or child hunger, I honestly cannot see the point of them.
Neil O'Brien
I agree completely with the spirit behind the amendment, and we are actively working to bring about what Opposition Members want. However, we do not think the amendment works, and I will explain why. Official statistics about public spending in different places are widely available already. Her Majesty’s Treasury already publishes a regional breakdown for total current and capital identifiable expenditure per head through PESA—Public Expenditure Statistical Analyses—which is my favourite regional statistical document.
We are also taking steps to improve the quality of spatial data. The Department for Levelling Up, Housing and Communities has established a new spatial data unit to drive forward the data transformation required in central Government. It is frustrating to us that many of the types of data that should have existed for years still do not. The spatial data unit supports the delivery of levelling up by transforming the way the UK Government gather, store and use sub-national data, so that it can underpin transparent and open policy making and delivery decisions. It is completely in that spirit that we are acting to improve data on all levels.
Rachael Maskell
I am listening carefully to the Minister, who has talked about input as opposed to outcomes. In the light of our seeing gross inequalities and life expectancy for some people in our poorest communities decreasing, there is clearly something that is not working in the Minister’s methodology to deliver the outcomes we want to see to close the inequality gap. Will he expand on how he sees the shifting of the dial, as opposed to what we on the Opposition Benches perceive as more of a scattergun approach in terms of where the money still seems to be going through the methodologies he has described?
Neil O’Brien
We are the Government who are creating—literally, through the Bill and the clauses we are debating this very morning—a mission to close the gap in healthy life expectancy between local areas, and between the highest and lowest areas, and to raise it by five years by 2035. These are the missions that the Bill will be getting us to report on every year to Parliament, so we are addressing the hon. Lady’s point. Through the health disparities White Paper and the other things the Government are doing, we are addressing as one of our central priorities the underlying causes of lower life expectancy and the inequalities she mentioned.
To summarise, while we are completely with the spirit of the Opposition’s amendments—we are trying to get better data and have processes in place that are generating better data, because we recognise its importance to the levelling-up agenda—there is, in truth, no hard and fast difference between levelling-up resources and the rest of Government resources. Indeed, philosophically, it is important to recognise that one should not think just about levelling-up funds. Much as one can rattle off an impressive list, one should think about how we reform the totality of Government spending.
That is one of the novel aspects of the White Paper’s approach. For a long time, people thought of science funding in a science policy silo, and thought that it should be allocated to science excellence, with no spatial dimension. We are the first Government to set regional targets for science spending, recognising its importance to potentially addressing some of the inequalities that the Opposition have mentioned this morning. We have changed the Treasury Green Book. We have started to allocate housing and regeneration spending differently so that we can get out of the cycles that Tom Forth and other regional economic policy experts have talked about: some bits of the country are overloaded and people cannot get on a train or buy a house, while other parts are crying out for investment and have lots of scope to take on growth.
I hope that I have given the Opposition at least an honest account of why we are resisting the amendment, even though we absolutely agree with its spirit.
Alex Norris
I am really grateful for the contributions to what has been a good debate. I will cover some of the points made by my Opposition colleagues and then move on to what the Minister said. Turning to my hon. Friend the Member for York Central, Great British Railways is a brilliant example of what we are talking about. We remember the press release on, I think, 5 February, which came shortly after the White Paper and was seen very much as an element of the levelling-up agenda—indeed, it says that on the Government’s website. The location of Great British Railways will be determined through an online public vote. It is like “Love Island”, Mr Paisley. Anyone watching this series knows that we badly need a vote to try to shake things up, but I do not think it is how we should determine the location of—
Alex Norris
I apologise, Mr Paisley. I will get straight back to Great British Railways and levelling up. My hon. Friend the Member for York Central made a strong case for York and, if the hon. Member for Broxtowe promises not to tell my constituents, I might make a strong case for Derby. We are generally not allowed to do such things, but that is my one for the year—[Laughter.]
Alex Norris
Happily, it does not look like the hon. Member for Broxtowe is going to grass me up.
The whole process—we can already see this because people are being encouraged to use a hashtag—will involve TikTok videos and be nauseatingly modern. I know that the Minister does not like things as nauseatingly modern as that, so I cannot believe it for a second—he is sitting sphinx-like, which is of course fine. The constant beauty parade and artificial competition just take energy out of things. Of course, someone will win, and that will be wonderful news, and I will be very pleased for them, but multiple places will lose as a result. That cannot be the best way to level up. I know the Minister talked about a balanced diet, but I will cover that shortly.
My hon. Friend the Member for York Central spoke about where she sees the future for her community and her region, with an emphasis on biotech, rail and the creative sector, and that will be different in Nottingham, Leicestershire or West Yorkshire. That is a good thing. Part of levelling up will be about, as we understand it, sub-regions taking control of where they think their local economies are going to go and the skills they will need to ensure they get that. Getting the resources to make sure they can do that, which is what this amendment is about, is fundamental. This is about resource going to those communities so that they can make those decisions for themselves. I think that the people of York and the sub-region in which my hon. Friend works will have a better say about that than Ministers themselves.
Neil O’Brien
The PAC reported on the levelling-up fund. Are there any particular levelling-up fund bids that we are funding that the hon. Gentleman would like to say represent bad value for money and should be withdrawn?
Alex Norris
The Minister knows that is unkind. I am not going to stand here and pick at one. We could go down the entire list of 157 local authorities, virtually all of which are significantly worse off, by tens of millions of pounds; I am not going to turn around and say that one of their projects should not happen. Please—of course I am not going to say that. The Minister says that the Public Accounts Committee picked up on the levelling-up fund, but that is not true: it has reported on the towns fund, too. This is a long-running issue and there are more than three years-worth of reports.
Levelling-up and Regeneration Bill (Sixth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 28th June 2022
(2 years, 5 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 28 June 2022 - (28 Jun 2022)
The Committee divided: - Ayes: 6 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 10 / Noes: 6 - Question accordingly agreed to.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Levelling-up and Regeneration Bill (Seventh sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 30th June 2022
(2 years, 5 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 30 June 2022 - (30 Jun 2022)
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Rachael Maskell
My hon. Friend is absolutely right. We want communities to be involved in their own destiny before there is any ink on the paper. That consultation and working through the stage of each process to bring the CCAs together is also important. That is why we want that process to be embedded in the Bill.
We have recently been through a local government reorganisation in North Yorkshire, and that has been quite a painful process for many of the district councils as they have come together to form the new North Yorkshire County Council. York was part of the initial consultation and because we had a voice, we were able to stake our claim not to be brought into that authority. We argued that we had our own identity, going back to King John and the charter that established York as a city. If we had lost that identity, we would have lost a significant place on the global stage. The original proposal was for York to disappear and to be replaced by a North Yorkshire East and North Yorkshire West model. If the identity of such a significant city had disappeared, there would have been no heart to Yorkshire, nor any identity. That is why I am glad that we had proper consultation about that process, and that is why it must be replicated in this legislation.
To Labour, the people’s voice really matters, and we want to see people’s voices coming through so that they are involved. Nothing in a Government agency should be superior to those we represent. I trust that the Government will reconsider the amendments and see the opportunity that they present to them, if not to the people.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O'Brien)
It is a pleasure to serve under your chairmanship, Mrs Murray. I echo the comments from those on the Opposition Front Bench about the quality of the debate on the first day of line-by-line scrutiny. I hope to continue that tenor and interesting dialogue.
We completely agree with much of what Opposition Members have said, which is why we have provided for exactly what they want in the Bill. Let me expand on that. In the levelling up White Paper, we announced a new institution that we believe can provide the strong leadership and effective and coherent collaboration needed for a strong devolution deal in certain circumstances. This new institution is the new combined county authority model, referred to in the Bill as a CCA.
As Opposition Members have said, the appropriate circumstances for that model is where a county deal covers an area with two or more upper tier local authorities. Those upper tier local authorities will be the constituent members of the CCA. Although we have not yet of course established any combined county authorities, because we are legislating for them here, we need to look to the future, as Opposition Members have said, and anticipate a scenario where an established CCA wishes to change its boundary. Since there is no benefit in a shell institution existing in perpetuity, it is only right that the legislation provides for such an institution to be abolished.
Wherever a CCA is planned to be established, its boundaries changed, or is to be abolished, we absolutely want to see the local public being consulted on the proposal, but the amendments are unnecessary, because the requirement for a consultation on a proposal to establish, amend or abolish a CCA is already provided for in clauses 42(4)(a) and (b), and 44(3)(a) and (b). Those provide an opportunity for local residents, businesses, organisations and other key stakeholders to have a say on the proposal, exactly as my hon. Friend the Member for Keighley pointed out. A summary of the consultation results must be submitted to the Secretary of State alongside the proposal and have regard taken of it.
There is a further safeguard in clauses 43 and 45, which provide that the Secretary of State has to undertake a consultation before creating, amending the boundary of, or abolishing a CCA, unless there has already been a consultation in the affected areas and further such consultation would be unnecessary. That will ensure that there has been sufficient public involvement in the consideration of whether it is appropriate to establish, change the area of or abolish a CCA. As such, I hope that I have given sufficient reassurance that the amendments would be purely duplicative for the hon. Members to withdraw them.
To touch on a specific point, the hon. Member for Nottingham North talked about initiators of devolution at the centre, we are the initiators of the devolution process in one sense. However, we are not the initiators of devolution deals for particular places. Ahead of the levelling-up White Paper, we called for expressions of interest, and we only move forward—we can only move forward—with a devolution deal if it has the support of locally elected leaders. In that sense, we are not the initiators; it takes two to tango, and that is the nature of devolution. In this Bill, it comes with what I hope for Opposition Members is sufficient requirement to engage in deep public consultation, and for that consultation to be listened to properly, as said by various people.
Alex Norris
I am grateful for colleagues’ contributions. They were good ones. Briefly, the example given by the spokesperson for the Liberal Democrats, the hon. Member for Westmorland and Lonsdale, was a salutary tale. Again, there is the idea that something so significant might be engaged in by only 1% of the population; if that is where we end up with these structures in future, it would be really problematic and almost undermine their ability to perform from the outset.
On the points made by my hon. Friend the Member for York Central, I have not quite found the right moment in the debate to talk about integrated care systems, but that is a good example of another very significant body that will have to engage with the county combined authorities in some way. The footprints do not sit elegantly, and they do not in life—I understand that. It is easy in countries such as the US perhaps, where they have defined, existing state borders—okay, everything can fit elegantly around that, but it can still get confusing at the margins.
There is a challenge there, but I think that it gives greater strength to the case for public involvement, rather than saying we ought to sit here with a map and carve things up. The people who know that best and how the sensible natural geographies work are the general public. The answers lie there, and it happens naturally—people know at what point they start to look, say, northwards to the hospitals in the north of the county, rather than to the one in the south, as happens in Nottinghamshire. That is a strong case for greater public involvement.
I am, however, reassured by what the Minister said about the provisions in clause 42(4)(a) and so on—the hon. Member for Keighley mentioned them, too. The reason for the separate amendment was my concern for the process to be one that happened not as an ABC condition right at the beginning, but as a co-equivalent term of engagement. Clearly, from what the Minister said, the intent is not to come alongside a proposal: “Have you brought your consultation with you? Right, that is ticked, therefore it is done.” On that basis, I will not press my amendment to a Division.
I will finish on the point the Minister made about initiating devolution. I am not sure that I quite agree with what he said. First, of course the centre is the initiator, in the sense that we could not have these bodies if we did not have the Bill, and we could not have the Bill if a Minister of the Crown had not presented it—so the centre is the initiator in that sense.
Also, I love the idea that the Government’s view is that local communities of a natural geography would come together to ask for county combined authorities and, most importantly, the powers that come with that, and the Government would respond on the quality of that application, but the White Paper already tells us the 10 areas that the Government are prioritising. That is “initiating” in any sense of the word; those are the areas chosen and the geographies for those areas have been chosen. There is no sense that this is a “come one, come all” process, as the Prime Minister has previously said— come to him or the Minister with ideas and “We will give you the powers you need.” That is not what is in the White Paper—it is very clear who it is who is being called forward. So I challenge the Minister’s point on that, but I am grateful for the comfort he has given on the amendment and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Tim Farron
This is important because the suspicion of many people is that this is a back-door way of circumventing district councils. We have been through reorganisations in much of the country, and for those places that have escaped somehow, such as Lancashire for instance, the Bill is a way of making sure that they all behave themselves and come under an aegis of an organisation set up by the Government.
In many cases, there is great value in two-tier authorities. If we believe in devolution, it should be knitted together and initiated from the grass roots and not from Whitehall down. If the CCAs are the building blocks through which levelling up is to be delivered, that must be done on the basis of an accurate analysis of the respective needs and desires of the communities involved. Independence in this context applies to the assessment of the value of the boundaries and the nature of the CCA. That is vital, particularly to put at rest those who may fear that CCAs represent a back-door way of scrubbing out the powers and relevance of district councils, even parish councils. I hope that the Government appreciate that fear and seek to address it.
Neil O'Brien
In my earlier comments, I set out the CCA model and talked about the rationale for it. Some areas that we are discussing a devolution deal with are considering adopting that CCA model. But even with those first areas, it is highly unlikely that the deals will be negotiated, announced and implemented via secondary legislation, and CCAs established and up and running within the 12-month period of this Bill receiving Royal Assent. That would render the report’s evaluation no different in 12 months’ time from today.
Opposition Members rightly want to have a debate in Committee about the CCA model. I have said a bit in our previous sessions about why we are doing it, but let us take the discussion a bit further. The purpose of the CCA model is to make devolution practically possible in two-tier areas without requiring unitarisation. The hon. Member for Westmorland and Lonsdale talked about districts coming under the aegis of a CCA, but that is not quite right. It could easily be that only top-tier authority powers are devolved to the top-tier authorities in a CCA. If they do not want to, the districts may choose not to take part. They are not having their powers or responsibilities changed, but the difference is that they are not able to veto their neighbours from getting devolution or making progress.
I am perfectly happy to stand here and make an argument about fairness, because I do not think it is fair that one district can veto progress for a large number of neighbouring districts and boroughs for top-tier authorities, particularly if it is not being forced to do anything, as is the case under the Bill. It is simply unfair for such a district to be able to stop their neighbours going ahead.
The Opposition sort of alluded to the practical reality in that although I would not rule further mayoral combined authorities in the future, in a lot of a country that currently does not have a devolution deal, the CCA model will be the practical way of delivering that. In practice, if we do not have that model, we will just not make progress. I can think of one area that we currently discussing that has a very, very large number of district councils, and it is exceedingly unlikely that we would be able to agree a sensible agreement if every single one of them were given a veto.
In a sense, the amendment is to push us, not unreasonably, to talk about the whether the CCA model is the right one. The proposed evaluation is in one sense called for so that we can now discuss whether this is the right thing or not. I think we have been clear. There is no back door. I am standing here telling Members why we are doing it right now and what it does and does not mean. We will discuss some of the nuances when we consider further clauses, and we absolutely have to get that right. However, the amendment and the evaluation proposed would essentially not add anything to our conversation this morning, whether one believes that the CCA model and the removal of that veto is right or not. That is why I ask the hon. Gentleman to withdraw the amendment.
Alex Norris
I share a lot of the views expressed by the hon. Member for Westmorland and Lonsdale about districts, which we will have the opportunity to discuss further in the debates on future amendments. I also agree with what he said about parishes. I hope the Bill is the single biggest step forward for parish and town councils in terms of the community powers that they can exercise, closest to the lowest possible level, to give communities a real say in what happens in their area. The Bill does not currently say that but we will seek to add it in due course.
I have a number of points to make about what the Minister said. I appreciate his candour, which reflects well, as it would be easy for him to obfuscate. I take him at his word, but I am surprised that there is a sense that within a year of the Bill achieving Royal Assent, which itself is some months away and probably nearer to Christmas, we will not have had any future deals agreed under these provisions. That genuinely surprises me, and I suspect it will surprise quite a few people who are currently negotiating such deals. I understand that the Minister has May 2024 in mind for elections; that timescale does not give us an awful lot of time, which poses its own desirability problems.
I disagreed with the Minister’s point that rather than this being about circumventing districts it is about making combined authorities possible without requiring unitarisation; that is not quite right. Deals have been made that involved district councils and they did not require unitarisation; they required consensus and understanding. I do not think it follows that it is either what is in the Bill or unitarisation, which leads to the point about districts not losing power. We will test that later, but I am glad that the Minister has put that on the record because it is important.
The Minister made a point about fairness, which I understand. He alluded to an example in which a deal with perhaps 15, 18 or 20 partners could not go ahead because one partner was able to say no to the whole process; I agree with him that that is probably not a good thing. Possibly, that is a point about fairness, but there would be other ways around it, such as to allow districts to exit a process and others to carry on. Again, there are benefits and disbenefits to that. Rather than a single district being able to veto the whole process, it could be done by a super-majority, given the significant nature of the decision.
Neil O’Brien
The hon. Gentleman has touched on a really important point. He has encapsulated in a very neat way what we are trying to establish here, which is the ability of districts to participate if they want to and not to if they do not want to.
Alex Norris
I am grateful to the Minister, but I do not think that will be the effect of the legislation. The reality is that a combined authority area can be formed for the area that includes the district council, whether it wants that or not. Indeed, the district council will have limited say. I do not want to prejudge the discussion we will have when we come to clause 16. It is welcome that the Minister has nailed his colours to the mast, but the reality is other mechanisms could have been chosen. The Government have chosen this mechanism, so it is right that we probe it. We have been able to do that and, as I am at risk of moving ahead of the discussion, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 7 ordered to stand part of the Bill.
Clause 8
Constitutional arrangements
Alex Norris
I share my hon. Friend’s view. That point was made very clearly in Tracy Brabin’s evidence. Having said that we in this place have an interest in constitutions and the rules of the game, my strong belief, as someone who wants to see change happen in my community and to see my community improve in a vast range of areas, is that form should follow function. What are we trying to get out of these bodies? The structures—the bodies and committees that need to be in place—should then flow from that. I strongly believe that the people best able to decide that will be those who operate locally in the combined authorities.
The Government have to set the broader parameters, but I am hoping to hear from the Minister that those are likely to be de minimis involvement and that, instead, they will positively cut the link and allow county combined authorities to drive action forward without worrying about that tap on the shoulder telling them that even though they said they wanted to do that, they cannot.
Neil O’Brien
In our response to this amendment, it is crucial that we hold in our minds the distinction between local standing orders for combined authorities on the one hand and the statutory instrument setting out things such as voting arrangements on the other. It is essential for the stability and the establishment of combined authorities that things such as voting rights can be set out in secondary legislation to ensure a stable institution. Of course, the CCA can set out its own local constitution by itself, but those two things are very different.
We have talked already about the county combined authority model; clause 8 is vital to permit the effective operation of a CCA. Before making regulations under this section, the Secretary of State needs the consent of the constituent councils and, where it already exists, the CCA. In other words, the arrangements cannot be imposed against the local area’s will.
To answer the point made by the hon. Member for Nottingham North, the clause closely mirrors the provision for combined authorities, which has supported the establishment of 10 combined authorities, each approved by Parliament. In this instance, “constitutional arrangements” means the fundamental working mechanisms of the CCA, including things such as its constituent membership and voting powers. It is vital that those things are set out in secondary legislation and approved by Parliament. That ensures that CCAs are stable institutions with good governance, in line with agreed devolution deals. It is only right that the core design and operating model of the CCA, such as the constituent membership and the voting arrangements on key decisions, remain in line with the devolution deal agreed by Government and local partners at the outset, with the secondary legislation establishing the CCA being approved by this Parliament.
A CCA can set out its own local constitution or standing orders with additional local working arrangements. It might, for example, set out meeting procedures, committees, sub-committees and joint committees of the CCA. That is done locally, at the right level consistent with our position on localism, and does not require secondary legislation. The Mayor of West Yorkshire pointed out that they were making changes to go from one to three scrutiny committees, which is quite right.
The amendment is really inappropriate and potentially quite dangerous to the devolution process. It is inappropriate because it would allow a CCA to change elements of its constitution that are rightly approved by Parliament and part of the initial devolution deal agreed by all parties locally. It is unnecessary because all the other elements of a constitution can already be changed by the CCA locally. I hope to have given sufficient explanation for why we will ask Members to withdraw amendments 16 and 17.
Alex Norris
I am grateful for that response. I take slight exception to the idea that the constitutions cannot be imposed without will. Yes, of course, all the members of the county combined authority will have had to have signed up to it—I understand that—but it will presumably be an indispensable part of the wider package, so we would be asking for local areas to turn down possibly many millions of pounds’ worth of funding, plus transport powers, extra housing powers and powers on skills, because they do not like the shape of the constitution. Of course they are not going to do that. I would not characterise that as them entering into it with the freest of free wills.
Neil O’Brien
Perhaps it would help if I were to expand a little. If I were a local government leader considering joining a CCA, I would want to know that the key arrangements for it, such as voting arrangements, would be stable over time and could not suddenly be changed by a potentially transient majority of local authority leaders who are members of it. To be honest, if I felt that that could happen to my local authority, I would be wary about signing up to a devolution deal on that basis. That is why certain core functions of these things are rightly set in secondary legislation, while other elements are rightly for local decisions so that they can make arrangements work for them and make things work locally.
Alex Norris
I am grateful to the Minister. I understand that, but I would like to know that local authorities will not fall victim to a one-size-fits-all arrangement. One could argue either way, which is fine.
The Minister’s point about local standing orders has addressed most of my concerns. He said that the arrangements remain in line with the original deal, but that cuts both ways. If he is saying no to local variation but yes to the idea of local standing orders, that must also mean that the Secretary of State will not make such changes. If we start to see variation between those deals, that becomes challenging, but I am getting ahead of the amendment before us. I am grateful for the clarification on local standing orders, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 8 ordered to stand part of the Bill.
Clause 9
Non-constituent members of a CCA
Tim Farron
This is the third sitting of line-by-line scrutiny and the Minister is yet to accept an amendment, but I have noticed that his tone has been positive and he has engaged with everything that has been put forward, which is very welcome. The tone of debate on all sides has been really positive and constructive. The Government Front Bench has not been dismissive—I am grateful for that; I have been impressed. This amendment seems to be one that he could accept, so I wish he would.
I have a few observations, a couple of which are key. First, it is very important that CCAs, indeed all local authorities, should be engaged and listen to chambers of commerce, trade unions and other community groups. It is vital that they do. There is a slight worry that all this looks a little bit like what happened post the abolition of metropolitan counties in the 1980s, when counties were effectively stitched together afterwards, partly by people who were not elected at all.
The people on the CCAs as non-constituent and associate members may be wonderful people whom we should be listening to, but there is a mechanism for them to become full voting members of the authorities if the elected members choose to give them that right. We are therefore looking at the possibility of having not a version of democratically elected local government, but in essence a quango. I am not sure that we need more quangos; we need more democracy. If devolution is to take place, it needs to take place on the terms of the community to which power has been devolved.
That is part and parcel of the Bill, however, and the Government are quite explicit about this: it is part and parcel of a movement towards devolution and a change in the relationship between Whitehall and the regions, sub-regions and nations of the United Kingdom. It is therefore worth bearing in mind that what we have seen already—the combined authorities, the unitary authorities and potentially now the CCAs—is in effect a scaling up of local government. It might be argued that it is the professionalisation of local government—there are all sorts of ways in which it could be advocated as a positive thing. I have my doubts.
One of the areas I have doubts about is diversity. That is why I think the amendments are important. For example, Cumbria—the centre of the universe, or the centre of the United Kingdom actually: if we draw a line from the Scilly Isles to Shetland, the middle point is at Selside, just north of Kendal, and it is important to say that—had something in the region of 300 to 350 elected members on the two-tier local authorities pre-reorganisation, and roughly 100 post reorganisation. Some people might say, “Good; that’s saving money” or, “Fewer politicians; that’s a good thing,” but what it actually means is that those people who are part-time politicians—most have other lives and other responsibilities—have to do three times more work.
The observation from across the country, not just in Cumbria, is that when we do that, we push out certain groups of people—we limit the number of people who are able to take part in local government. It therefore tends to be older people, with time on their hands, and the men who stay behind. Anecdotally, looking at the people who have chosen not to put themselves forward to the new unitary authority, they are principally people with caring and childcare responsibilities, people in full-time work, and more women than men. They are the ones choosing not to go to the new world of the unitary authority.
That scaling up of local government, making local government less local, in itself has a tendency to be bad for diversity. That is not the Government’s intention—I am 100% sure that it is not—but it will happen, I am certain. That is why the amendment is important and an easy one for the Government to accept.
Neil O'Brien
Let me start by gently taking issue with something the hon. Gentleman said: that this measure is very much like the abolition of the metropolitan county councils. I argue that it is almost diametrically the opposite of that abolition; it is restoring a directly elected and directly sackable leadership for a strategic area.
Tim Farron
The reason it reminds me of that is that once those county councils went, there had to be a stitching together of some kind—so Tyne and Wear went for the Passenger Transport Executive to run the Metro, the buses and all the rest of it. The people on that body were not directly elected, whereas the people who ran it when there was a county council were—that was the analogy, but I take the Minister’s point.
Neil O'Brien
I am grateful to the hon. Member for taking the point, because I agree with the tenor of the argument, that we do not want to have major strategic decisions made by a quango. That is what we spent the past eight years fixing—starting in the coalition years, in fairness. We are on the case with his concerns.
Let me take a step back for a moment and set out what the clauses are doing. Clause 9 provides a flexible framework for combined county authorities to appoint non-constituent members, who are representatives of a local organisation or body, such as a district council, a local enterprise partnership or health body. Clause 10 provides for CCAs to appoint associate members, who are individual persons with expertise, such as a local business leader or an expert in a particular policy area.
Combined authorities have appointed commissioners with specific expertise to focus on a challenging local policy area and drive change—for example, the Greater Manchester Combined Authority appointed Dame Sarah Storey as a commissioner on active travel. It is a way of bringing in experts and other institutional stakeholders locally to complement the core of, ideally, directly elected local leadership so that everyone works together as well as possible.
It is only right that those nominations, or appointments, are the decisions of local leaders, who best know their areas. The clauses set out transparent processes for the nomination and appointment of both types of members. For a non-constituent member, the CCA designates the local organisation or body as the “nominating body”, which then selects a person to represent it at the CCA. It is for that nominating body to make that decision. For example, the CCA might designate the district council as a nominating body and then the district council selects its leader, for example, as its non-constituent member representative at CCA meetings—ex officio, as it were.
The clauses provide a way for local experts and key stakeholders to have a seat at the table of a CCA, bringing their local expertise and knowledge to facilitate better action to tackle local challenges. Those are vital public roles and transparency on them is equally vital. That is why clause 11 enables the Secretary of State to make regulations about the process of designating nominating bodies, the nomination of non-constituent members and the process of appointing associate members. We expect that all appointments of associate members will be undertaken through an open and transparent process, of course.
By their very nature those roles will be public roles—for example, a public body such as a district council nominating its leader to a role in another public body. In the Bill’s spirit of localism—a key word—this is a matter to be decided locally by the CCA and nominating bodies. They are independent of central Government and it is right that they make the decisions about how and with whom to collaborate.
The amendments seek annual reporting regarding the persons selected by the nominating bodies to be non-constituent and associate members. The Government do not believe that they should prescribe to CCAs that they should be informing Government of the specific make-up of their non-constituent and associate members. As with all good public bodies, a CCA should promote equality and diversity in the organisation. What is more, non-constituent and associate members are only one part of the membership of the CCA. The amendment calls for a report on one group of members of a CCA and does not reflect the CCA as a whole, including its constituent members, which is slightly odd. It is also slightly concerning that, as the hon. Member for York Central mentioned, the amendment mentions only some but not all of the protected characteristics. That would open up some potential legal questions that I am not really qualified to opine on.
The core point is that non-constituent and associate members of CCAs have an important role to play, but the amendment is unnecessary. It fails to consider the independence of CCAs and nominating bodies and does not reflect the fact that the positions of associate members and non-constituent members will, by their very nature, be public; these are not secret roles. I hope that the hon. Member for Nottingham North will agree to withdraw the amendment.
Alex Norris
I am grateful to hon. Members for their contributions. I agree with the hon. Member for Westmorland and Lonsdale, who expressed the hope that we are not establishing a quango. We are definitely establishing a new class of leadership, however, and it is less local and less directly accountable.
I am slightly disappointed by the Minister’s response, because I did not get a sense—
Neil O'Brien
I have to take issue with the hon. Gentleman’s comment about the process being less local. If I think about the devolution of powers over a number of things that are already done through combined authorities, such as the devolution of adult skills spending, if an authority is not in a CA, that decision is made in Whitehall. The decision is made here. In the combined authorities, such a decision is made more locally, for example by the West Midlands Combined Authority, which I visited the other day. Such authorities are making better decisions; because they are more local, they can create the co-ordination between local colleges. I take issue with the idea that decision making is less local as a result of what we are doing for devolution.
Alex Norris
The Minister is of course right that such decisions are more local than central Government, but that goes back to my argument on the first set of amendments. Having told people that communities will get the power to shape place, if what comes through the process is devolution to a new level of politics consisting of politicians and public figures who are further way from those people than their local councils, I do not think we will have passed the localism test. That may be a point of difference but that is certainly my view.
I had hoped to hear the Minister offer a slightly stronger commitment from the Government that the new bodies really ought to represent the communities they serve in terms of their make-up. I am surprised that was not said. We were left to believe that the make-up was for local decision making. Just as in the Health and Social Care Act 2014, I fear that we will end up with Schrödinger’s localism: when there is a difficult decision to be made, “That’s a local decision”; and when the decision is something that the Government want to reserve to themselves, “Of course we have to set the rules of the game, because otherwise it is dangerous”—as the Minister argued in response to the debate on the previous set of amendments. The Government are in danger of falling into some cakeism, but I hope that is not the case.
Neil O'Brien
This is an opportunity for me to repeat that, like all good public sector bodies, the CCA should promote equality and diversity within the organisation and it is for the CCA to do that locally. On the point about cakeism, these are two very different things. In the case of the voting arrangements for a combined authority, allowing them to be changed locally by a transient majority might cause a lot of local authorities to simply not join in the first place.
Alex Norris
I am grateful to the Minister for clarifying that; I would never want to misrepresent what he has said. On the second point, we are likely to test it considerably over the next however long.
I struggled with the Minister’s criticism that the amendments excluded the constituent members of the CCA. That would be a valid criticism had he put in a provision that included them, but he has chosen not to. Similarly, his criticism that I have not included all the protected characteristics would be valid had he put in a provision covering them all. I do not believe that he wants to do those things, so I think that was slightly unfair. On the question of legality, he has access to more lawyers than I do, but I spoke to the Equalities and Human Rights Commission and it did not have a problem with this, so I do not think legality would be an issue.
I am willing to accept the Minister’s point about non-constituent members, pertaining to amendment 18, in that, as he says, they are appointees of their own organisation. I remember chairing my health and wellbeing board and my discomfort at the fact that it fitted the characteristics the hon. Member for Westmorland and Lonsdale described more than it ought to have in a community that was very diverse, but when it came to trying to do something about that, the point was made to me that the board members were representatives of organisations, including the police, the council, the universities and so on, which themselves had diversity challenges that led to that common challenge, to which there was no elegant solution. On that basis, I will not press amendment 18, but amendment 19 involves choices—direct choices—whereby a county combined authority decides who to put on. I want to know whether we are trying to address inequities or just repeating the same failings. That is an important point of substance, so I will withdraw amendment 18 and press amendment 19 at the appropriate time. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 9 ordered to stand part of the Bill.
Clause 10
Associate members of a CCA
Amendment proposed: 19, in clause 10, page 10, line 3, at end insert—
“(5) “The Secretary of State must publish an annual report on the associate members appointed to each CCA. This report must include:
(a) the age of all associate members,
(b) the gender of all associate members, and
(c) the ethnicity of all associate members.” —(Alex Norris.)
This amendment would require the Secretary of State to make the age, gender and ethnicity of associate members of CCAs publicly available.
Question put, That the amendment be made.
Tim Farron
I will be brief, given the time. Personally, I have no problem with asymmetrical devolution. A contrived central devolution is perhaps why Lord Prescott’s proposals in the ’90s and noughties did not work and were not popular. I have no problem with asymmetrical outcomes, but I have a serious problem with asymmetrical autonomy. Each community should have the same access to powers, even if gained in a different way. This is an important probing amendment, and I am interested to hear what the Minister has to say. For example, a rural community such as Cornwall, Northumberland or Cumbria should not have a Mayor forced on it if it does not want one, yet it should still have the same access to the same levels of power that the Government are offering through devolutions to those communities that do have a Mayor.
Neil O’Brien
The amendment brings us to a series of other amendments bound together by a particular philosophy encapsulated in the statement by the hon. Member for Nottingham North that the default should be alignment. The amendment is a particular and bleak way into this philosophical debate, and amendments to some later clauses—in particular amendment 26—make the Opposition’s position much clearer: that things should move in lockstep and that there should be more one-size-fits-all.
Fundamentally, we pretty profoundly disagree with that philosophy for a number of reasons. Devolution agreements should be different in multiple different ways, because there are different local wants. Simply, the point of devolution is that different people in different places want different things, and devolution makes that possible. Pragmatically, there are also different readiness levels. In some places, a process has been going on— for example, the Healthier Together work in Greater Manchester, which had been going on for a decade before health devolution in Greater Manchester. Also, different places are set up with various partners that they work with at different readiness levels.
On a pragmatic point, my great fear about adopting the one-size-fits-all, lockstep approach of the convoy moving at the speed of the slowest is that we will just not make significant progress. Were the hon. Gentleman to find himself in my place and I in his, he would discover that he could not make much progress in getting Whitehall to devolve powers. That is no small thing—to ask the elected Government of the day to give up control of the things for which they will be held accountable by the electorate to local politicians, who in many cases may be of a different political party. That is no small thing to agree. If it were said that a power could not be offered to a particular place unless it was offered to all—like the most-favoured-nation principle—I promise that devolution would grind to a halt extremely swiftly.
There is a framework. The basics are set out in the levelling-up White Paper, but variation is intended. Variation is a feature, not a bug of our devolution agenda. We believe in localism, in particularism, and in adapting things to the particular needs and particular local politics of different places—I agreed at least partly with what the hon. Member for Westmorland and Lonsdale said, which in some ways chimed with our view of this.
The hon. Member for Nottingham North asked us to explain why that might be so, in particular in relation to the amendment, which is about membership. Simply put, there might well be different numbers of members in different CCAs. We could have one with two members or one with a lot of members. Or we could have ones where the members were relatively similar authorities, or one where one member had radically different characteristics from the others—we might imagine a load of urban authorities and one that was more rural, or something like that. However, this amendment is the start of a series of amendments, so I will not labour the point at this stage.
Something else that the hon. Member for Nottingham North said that chimed with me and stuck out was that the centre should let go. That statement is very much our intention, in practice, with the desire for uniform devolution. We do have to let different places do different things because, fundamentally, they have different priorities. One place might care a lot about housing issues, but another might care about its innovation strategy. These things should be different, reflecting different wants.
To recap why we still want voting arrangements, for example, to be in secondary legislation, it is not primarily us in central Government that that arrangement is protecting; it is protecting local leadership from someone joining something only to find that they have been stitched up and then have their powers taken away due to a particular alignment of local leaders. Some things must be certain for local leaders and should be locked down and made safe for them in order for them to make progress, but in other ways there should be diversity, variation and localism.
This amendment represents just one aspect of that philosophy in practice, and we will talk about it again under other amendments, but the Opposition spokesman called on me to be direct, and I will be. There is just a difference in philosophy here about how we should approach devolution.
Alex Norris
There is a difference of philosophy, but the Minister slightly misrepresents the point I am trying to make, or perhaps I am not explaining it well. Our intention is not, as he characterises it, a lockstep, one-size-fits-all movement forward or, as he says, that the convoy must move at the same speed; it is that divergence, where it exists, should be the choice of the local community, not central Government. That is what we have today. The Minister is reserving for himself the ability to pick and choose who the Government feel is able and willing to exercise certain powers in certain ways in certain contexts. I do not agree with that, and that is the difference.
We are not saying that the settlement will be the same in every part of the country. The Minister says that this is a feature rather than a bug. I agree with that, and that is the point that we will be probing in subsequent amendments. We do not need to fight things out on constitutions at this stage. We will need to return to that, but on the principle that we are not saying that one size fits all, rather that the Government should not get to pick the winners. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Ordered, That further consideration be now adjourned. —(Miss Dines.)
Levelling-up and Regeneration Bill (Eighth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 30th June 2022
(2 years, 5 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 30 June 2022 - (30 Jun 2022)
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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Alex Norris (Nottingham North) (Lab/Co-op)
I beg to move amendment 21, in clause 12, page 11, line 28, at end insert—
“(8) If an appropriate person carries out a review under subsection (2), they must make the report of its findings publicly available.”
This amendment would ensure that the findings of any review of a CCA is made available publicly.
It is a pleasure to reconvene with you in the Chair, Mr Paisley. Clause 12 allows a combined county authority to review its constitutional arrangements. That is a wise provision because, of course, there will be moments when CCAs will want to be sure of whether form fits function. There must clearly be local scope for review and understanding, with as much transparency as possible. It is with that in mind that I move this amendment.
Transparency is important, because it strengthens our democracy by opening up the decision-making process to the whole population. As we build new political institutions, such as the proposed CCAs, it is vital that we put transparency in them at the beginning. As we discussed previously, transparent and open government makes better policy, delivers better outcomes and is generally a good thing for our democracy.
This amendment proposes that if any review is conducted to investigate changing the constitutional arrangements of a CCA, it must be published publicly. That would improve the function of the Government’s proposed CCA. It will be part of the honest conversation about the work the body is doing and the work we want it to do, and it will ensure that it serves not its own members or vested interests but the whole population. That is really important. These debates are too important to take place behind closed doors.
That does not need to be a negative process. It can be an open process that gives the population, as well as all the constituent members that we have discussed under previous clauses, the chance to engage. Amendment 21 is a fair and reasonable requirement to be added to the review mechanism, and I hope the Minister is minded to agree.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O'Brien)
As we discussed during our consideration of previous clauses, the key constitutional arrangements—membership, voting and decision making—will be set out in the secondary legislation establishing the CCA. That legislation, which requires consent from both the relevant local authorities and Parliament, would also enable a combined county authority to set a local constitution specifying how detailed decisions are taken on aspects of how the CCA is to operate. It could cover, for example, meeting procedures, committees, sub-committees and joint committees of the CCA.
Clause 12 enables a CCA to review and amend its own local constitution in certain circumstances, and I hope it provides some of the flexibility that the Opposition have been arguing for. A review of the local constitution can be undertaken if proposed by constituent member or the mayor, if there is one, and if the proposal is supported by a simple majority of the constituent members. The local constitution can be amended if the amendments are supported by a simple majority of constituent members including the mayor, if there is one.
At each of these stages, the CCA’s decision must be made at a meeting of the CCA. CCA meetings, like those of all local authorities, are conducted with full transparency. That means that interested parties, including the public, can attend CCA meetings, and papers must be made available in advance. The CCA will also need to publish its constitution. Amendment 21 is therefore unnecessary. There is no need for a separate report of findings, which would place a disproportionate and unnecessary bureaucratic burden on the combined county authority, and distract it from the implementing the changes that it needs. I hope that, with those explanations, the hon. Gentleman is content to withdraw his amendment.
Alex Norris
I am grateful for the Minister’s answer. In general, I think his response does suffice, but I would like to push back on two points. As he says, these will be public meetings and there ought to be full transparency. However, we know that is not universally the way things operate. At local authority level, for instance, I would expect rules to operate exempting certain parts of meetings for reasons of commercial confidentiality. We know that there are points of friction for local authorities up and down the country. There can be the sense that things are being hidden behind the exempt part of the meeting. I would not say it is inevitable and unavoidable that we will get full transparency, but I have heard the spirit of what the Minister said. I am not sure it would have been an administrative burden, not least because the thing will have been done anyway and will exist already. Someone would just have to upload it to the website. That would satisfy the requirement of the amendment as I wrote it. Nevertheless, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 12 ordered to stand part of the Bill.
Clause 13
Overview and scrutiny committees
Tim Farron
I will not speak for long, Mr Paisley, but I want to reemphasise some things we have talked about today and build on the wise comments made by the hon. Member for Nottingham North.
Equality is hugely important and not to be taken for granted. The issue is that a movement towards a form of local government that is by definition more removed from the public than a district council, for example, will undoubtedly affect those with protected characteristics. We must prevent the tendency we discussed earlier to have people on the board and the committees—running the CCAs, in this case—who are much more likely to be older, male and white. That tendency will naturally occur because, while devolution is happening in one sense, it is also a centralisation locally, away from district councils. That will inevitably happen unless we work hard to prevent it. That is why these equality impact assessments are very important—not just in terms of the representative nature of the people who are on the CCA, but on the kind of policies that they pursue.
I am bound also to remind Members of the Rural Services Network’s report, published this week, which pointed out that if rural England was a separate region, it would be poorer than all the other regions. It would be the poorest region and the region most in need of levelling up. Pretty much every CCA in the country will have a rural element to it, but the chances are that it will not be the central part or the part where most of the members come from.
I want us to think very carefully about the impact of our decisions, particularly on rural communities. I spent part of the break between this morning’s sitting and this one on the phone to a local GP surgery in Cumbria that has lost something like £70,000 of its income in recent years. It has a patient roll of 5,000 to 6,000 people, but it sees on average 2,000 to 2,500 patients every year who are not registered with the surgery—they are visitors coming to the Lake district. The surgery gets not a penny for that.
Earlier, the hon. Member for York Central rightly mentioned the interaction between the integrated care systems, which will come into force this week, and the new CCAs. It is vital that we consider the differences in access to services between rural areas and urban areas, and consider disadvantage as being different. There are much higher levels of unemployment in the Barrow part of the Westmorland and Furness Council area, for example, and much lower unemployment in the part of the area that I represent; however, the gap between average incomes and average house prices is bigger than anywhere outside the south-east of England. The consequence in terms of poverty is therefore much greater, and the need for us to pay attention to those differential metrics—and, more importantly, the impact on individuals’ lives—is that much greater.
That is why it is important that equality is built into this legislation. Accountability would come out of the fact that impact assessments would be provided on a regular basis and there would be scrutiny as a consequence. It would force members who are either from demographic profiles that are not a minority or under-represented or from non-rural parts of the geographical community represented by a CCA to be held to account on behalf of those people and those communities who are.
Neil O'Brien
The public sector equality duty under the Equality Act 2010 ensures that public bodies play their part in making society fairer by tackling discrimination and providing equality of opportunity for all. As public bodies, CCAs must integrate equality considerations into decision-making processes from the outset, including in the development, implementation and review of policies. However, the equality duty does not require public bodies to follow a prescribed process and leaves it to their local discretion as to when it is appropriate to carry out an equality impact assessment to ensure compliance with the duty that binds them. The amendment would place an additional unnecessary duty on combined county authorities that does not apply to other public authorities, including existing combined authorities, which relates to the point made by Opposition Members about ensuring there is equal treatment and similar legal bases between MCAs and CCAs.
It is the Government’s intention that CCAs will be expressly subject to the public sector equality duty, which we will do by consequential amendments to the Equality Act, meaning that CCAs have to integrate equality considerations into their decision-making processes as soon as they are established. There is therefore no need to place a further burden on CCAs by requiring them to produce a separate equalities impact assessment. In fact, equalities considerations will already be at the very heart of what they do. With those assurances, I hope that the hon. Member for Nottingham North will withdraw his amendment.
Alex Norris
I am grateful to the hon. Member for Westmorland and Lonsdale, who speaks for the Liberal Democrats, for his contribution. His points about rural poverty are well made and are grist for the mill because, as he said, in all CCAs there will be levelling-up features. Everyone will seek to take such measures. Rather than an individualised, exceptionalised programme, we are talking about a collective advance of CCAs. Slowly but surely we are making a fine socialist of the Minister, speaking for collectivism rather than individual exceptionalism. Any day now, I am sure that he will wear that badge with pride.
I was a little disappointed in the Minister’s reply. Yes, the public sector equality duty exists, but if the Government’s answer is to rely on that, we should remember that it has not removed all the inequalities that I spoke about. At some point, we must do something differently in this country, and I would have thought that this legislation was a really good place to start. I put it to the Minister that doing things the same way will only produce the same answers in the future, and I fear that that is what will happen unless we insert a firm commitment to tackle inequalities in all their forms into the DNA of the proposed new bodies. I am disappointed.
I was not happy with the answer about the divergence from combined authorities. If the Minister had such a problem with combined county authorities differing from combined authorities, he would not have introduced combined county authorities; he would have just relied on combined authorities. There then would have been no divergence between the two. The Minister has chosen to make that change, because it is more convenient for the Government so that they can work with the communities with which they have struggled to work over the past few years. In doing that, they have opened themselves to the divergence issue. That is not my problem, nor my fault, but that is of the Government’s choosing and it is baked into the Bill; otherwise, we would not need the legislation.
I will not press the amendments to a vote, because the suggestion from my hon. Friend the Member for York Central is better than my amendment. I am happy to withdraw it on the basis that it could be better, and perhaps we might seek elsewhere to improve it. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 13 ordered to stand part of the Bill.
Schedule 1
Combined county authorities: overview and scrutiny committees and audit committee
Tim Farron
This seems to be a really sensible and proportionate proposal. The Conservative leader of the District Councils Network talked to us in the evidence session on Tuesday 21 June. He speaks very clearly on behalf of members of all political parties who are on district councils: Liberal Democrat, Labour, independent, Green and, of course, the leading Conservative group among district council members.
There is a concern about district councils being slowly but surely erased—and they are. In Cumbria, we are living proof of that, because some good district councils are being dismantled this year, hopefully with very good unitary authorities taking over their responsibilities and being reflective of what the local communities desire. However, if we are to move forward in this direction and if CCAs are to be the building blocks by which these decisions and the delivery of levelling up will take place, it is surely right to demonstrate to district councils that we and the Government value them—not only that we value them as district councils but, as the hon. Member for Nottingham North rightly said, that we value their expertise.
In this amendment, the Government are being asked to consider picking the people who already do this job in their home patch, so to speak, and to bring the skills, expertise and experience that they have from providing scrutiny of their own councils’ business and the operation of democracy internally within their district councils to the sub-regional level.
The amendment seems to be not only a very effective and sensible practical proposal but one that would allow the Government to demonstrate to district councils that they are not being erased and that they are a very important part of our future. We talked earlier about whether symmetry mattered. If we believe that local communities are best at designing their own destiny and if they choose to maintain two-tier authorities, as many do, then reflecting that autonomy and its outcome—not begrudging it, but welcoming it—seems to me a wise thing to do. Let us have the chairs of the overview and scrutiny committees from the constituent district councils within a CCA on the overview and scrutiny committee of that CCA.
Neil O’Brien
I would say that the amendment is well-intentioned, but that would not really do it justice; I actually completely agree with the broad thrust of what Opposition Members are trying to achieve. However, I think that we should do it in a slightly different way.
Schedule 1 places a requirement on all combined county authorities to establish one or more overview and scrutiny committees, and provides for the Secretary of State to make regulations for such committees. That mirrors the provisions for combined authorities; regulations were made in 2017 that already apply to all the combined authorities.
As for the majority of the CCA model, it is our intention that the overview and scrutiny arrangements for CCAs will adopt the same broad principles as those for combined authorities. Regulations made under schedule 1 must ensure that the majority of members of overview and scrutiny committees are drawn from the CCA’s constituent councils. Furthermore, an overview and scrutiny committee cannot include a member of the CCA, including the mayor.
The regulations and powers in schedule 1 enable scrutiny committees to be established with membership appropriate to the CCA, so that they are able to effectively challenge, advise and make recommendations to the decision takers. To do this, each CCA’s overview and scrutiny committee needs to be flexible enough to reflect the bespoke role of the CCA, as agreed in individual devolution deals—how they are constituted, the powers they are responsible for delivering, and so on. That will affect the background and interests of the members that it would be appropriate to appoint.
Alex Norris
I do not want the decision on clause stand part to go by without any discussion. I want some clarity from the Minister. The clause allows the Secretary of State to make regulations about how to pay for the combined county authority, with the understanding in subsection (2) that it has to be done with the consent of the constituent councils. I want to understand how the Minister thinks that will work in practice. Presumably, the Secretary of State will hope to receive a proposal from the constituent councils that they have all agreed to, rather than suggesting a model.
Neil O’Brien
Let me reassure the hon. Member by saying that clause 14 enables the Secretary of State to make regulations setting out how an individual CCA is to be funded by contributions from constituent councils. Such regulations can be made only with the consent of the constituent councils and—where one already exists—the CCA. The CCA will decide how its activities are funded and how its funding is sourced, whether that is from investment funds and other devolved funding or from contributions from constituent councils.
Where constituent councils are providing contributions, regulations under clause 14 can set out how the CCA decides the proportion of contribution from each council. Similar regulations for combined authorities usually state that that is for agreement locally but provide a default split if agreement is not reached. That underpins the very nature of the collaborative approach we are trying to support through the new CCA model. The clause will be instrumental in ensuring that combined county authorities are strong institutions with sustainable funding to which to devolve functions and flexibilities, which is essential to achieving our ambitious local leadership levelling-up mission. I commend the clause to the Committee.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clause 15
Change of name
Alex Norris
I beg to move amendment 23 in clause 15, page 12, line 14, leave out “not less than two-thirds” and insert “a simple majority”.
This amendment would remove the need for a super-majority to change the name of a CCA.
In preparing amendments, we had the hundreds of pages of the Bill, and hundreds of pages of explanatory notes. The delegated powers memorandum is even longer—never mind the White Paper. As a result, one started to go deep in the weeds, and I am very deep into them here.
This significant clause makes provision for the process of changing the name of a combined county authority. Subsection (2) sets out the requirements, with paragraph (c) requiring a super-majority of no less than two-thirds of CCA members to vote in favour of the rule change. That is a high bar—far higher than for most decisions that we make in Parliament. I am interested in why there is such a high bar, so, to probe that, my amendment suggests reducing it to a simple majority.
I have a couple paragraphs here that I wrote last night about “What’s in a name?” I will spare the Committee those; I think we can establish what is in a name. I will say that I am not completely ignorant of the value of super-majorities. They can be very important to protect the rights of minorities, but they can also be used—the US Senate is a good example—by a concerted majority for a number of decades to protect special interests.
I am not sure why the clause requires a super-majority. We want to give these combined county authorities significant money—tens of millions of pounds, and I suspect those negotiating them want even more than that—and significant powers over things that shape our communities. If we cannot trust them to change their name on a simple majority, how can we trust them to do anything else on a simple majority basis? I am interested to hear the Minister’s thoughts.
Neil O’Brien
We are honoured by the depth of the forensic scrutiny that the Opposition are offering us on these clauses. They are quite right to probe all these questions, which are important. Few things are more likely to arouse the passions than names of local authorities and county authorities, as we heard in the impassioned speech from the hon. Member for Westmorland and Lonsdale. We recognise the importance of people living in an area having a strong attachment to, and identity with, that place, which is something both he and the hon. Member for Nottingham North have alluded to.
When we establish a county combined authority by regulations, we will specify the legal name of that institution. Of course, it is only right that the name can be changed to adapt to local circumstances over time, and the clause allows a CCA to change the name it is known by, subject to various safeguards and conditions, one of which is a requirement that two thirds of members of the CCA consent to the change. The threshold was chosen quite deliberately to ensure that name changes are undertaken only where they will make a real impact, rather than where they are just a rebranding exercise. Names really matter to local communities, as we have heard, and it is important that a strong majority of a CCA supports any change.
The amendment is designed to reduce the consent threshold to a simple majority, which would mean that CCAs would have a lower threshold for such a change than existing combined authorities, for which the threshold is a minimum of two thirds. Two of our existing combined authorities, South Yorkshire and Liverpool city region, have already changed their names since their establishment. A lot of politics were involved in that, so clearly there is flexibility under the two-thirds arrangement to change the name when that is felt to be important. I remember that there was a lot of consideration of that choice during the run-up to the devolution deal with Sheffield city region—it is now called South Yorkshire—and likewise with Liverpool city region.
My officials are in regular contact with the mayoral combined authorities, and we have not heard of any difficulties with the existing legislative process. As we have discussed before, it is important to keep parity between the CCA and combined authority models as much as possible, including in respect of name changes. A further consideration—this is why we have the higher threshold—is that many organisations will have made legal contracts with a combined authority, and changing the name is a non-trivial thing to do, given that it will require many things to change.
Fundamentally, as Members have said, names really do matter. What’s in a name? We do not want them to be something that flips over from time to time. We could end up having a tit-for-tat war whereby the majority changes the name of an authority and then it changes again. We want the name of an authority to be stable and lasting. Opposition Members have quite rightly asked why that is so, and I hope that I have given sufficient assurance that they might be willing to withdraw the amendment.
Alex Norris
I am grateful for those contributions. The debate has had a bit of lightness to it, but as the hon. Member for Westmorland and Lonsdale said, identity does matter to people. I think identity can be a big driver in levelling up, by providing that passion, commitment and love of place that makes people want to do better and tackle inequalities. That is a really positive thing and it does matter, but I do not think it is the be all and end all.
Alex Norris
I beg to move amendment 24, in clause 16, page 13, line 10, at end insert—
“(aa) affected local district councils”.
When I wrote my speech I thought that clause 16 was perhaps the most significant of the 60 or so clauses that establish CCAs. It was certainly the only one that had a particular debate on Second Reading, although largely among multiple members on the Minister’s side.
The clause allows for functions of a local authority to be exercisable at a CCA level. There will be points at which there will be a keenness to do that. It allows for functions to be exercisable by the CCA, rather than the county council or district council. It also allows for: functions to be exercisable concurrently with the county council or district council; for the function to be exercisable by the CCA and the county council or district council jointly; and for the function to be exercisable by the CCA jointly with the county council or distract council but also continue to be exercisable by the council alone. That essentially means that councils can collaborate and share in whichever way they choose to— subsection (5)(a) requires the constituent councils’ consent—with the CCA.
This has twitched my antennae a little. We have discussed some of this already. I believe that devolution as it forms part of the levelling-up agenda is about devolving power out from the centre—from the centre to sub-regions, and from local authorities to local communities. The latter, community power, is broadly absent from the Bill, and I hope we will get the opportunity to add it back later in these proceedings. On the former, the direction of travel is supposed to be towards communities—towards the lowest proper level—rather than away from them. Indeed, local authorities are already free to collaborate, and there are many good examples of that. I do not think the purpose of the new sub-regional bodies established by part 2 of the Bill is to draw powers upwards from local councils; rather, it is to draw them downwards from the centre.
I am willing to accept—if this is the case, perhaps the Minister could give us a little detail—that that might be desirable in order, perhaps from a finance point of view, to share budget arrangements, or to have lead council arrangements on spend and receipt in a certain policy area. Crucially, under subsection (5)(a), the regulations will be made only if the constituent councils of the CCA consent. Those local authorities essentially have a lock on that process: it can happen only with their consent. On that basis, who am I to stop them? I think that is fair enough.
The issue here is that all four of the scenarios under subsection (4) involve the CCA also taking on the power of district councils, which are not—this is certainly my understanding—“constituent councils” and therefore cannot consent. It looks to me—I will qualify this shortly —like district councils could have powers taken from them.
Several Members have raised concerns that this part of the Bill is about removing district councils from this sort of decision making, the argument being that current statute makes it too hard so we need to free ourselves of the district veto, which the Minister described in the evidence sessions as an
“unintended consequence of the Local Democracy, Economic Development and Construction Act 2009”.—[Official Report, Levelling-up and Regeneration Public Bill Committee, 21 June 2022; c. 57, Q87.]
I am not sure that is necessarily true, although I am happy to be wrong. I think that the expectation at that time was that communities would proceed by consensus. That is why it is a de facto veto. It may now be deemed impractical, but I do not think it was an unintended consequence.
That poses a problem: if these bodies get up and running, and particularly if they choose to have a mayor elected to lead them, and they get off the ground already with local opposition, that will be a shame. I think that will hold back their work, build cynicism and erode public confidence. Therefore, the approach of working around districts rather than with them is perhaps the wrong one. As I have said before, districts have a proven track record of delivery. The amendment is modest: it seeks to add a provision that affected district councils must have consented to having their powers taken away. That seems reasonable to me.
I have hedged my bets a little because I am really hoping that the Minister will say that this is a moot point. In the evidence sessions, Councillor Oliver from the County Councils Network said:
“I am grateful to the Minister for clarification on some confusion around clause 16.”––[Official Report, Levelling-up and Regeneration Public Bill Committee, 21 June 2022; c. 58, Q88.]
I confess that I did not know what he meant by that; it was not anything that was clarified on Second Reading or in the evidence sessions. I did a bit of digging and I understand—this is second hand, so I apologise to the Minister if it is not right—that the Minister may have written to the representative bodies of local government to clarify that the Government do not intend for the powers to be applied in this way. That would be a very good thing if it were true.
Alex Norris
I can see the Minister nodding, so that gives me hope. However, I have not had any such contact, so I can only go on what is written in the Bill. If that is the case, perhaps we should tidy up what is in the Bill so that there is no doubt. Clearly, it can be read the other way, which is why there has been so much interest in it, even if that interest is happily unnecessary.
Neil O’Brien
Although many of the things we have talked about today have been interesting and thought provoking, this is perhaps the most interesting and thought-provoking amendment so far.
Clause 16 gives the Secretary of State the power to confer any local authority functions—including those of a county council, unitary council and district council—on to a combined county authority by regulations, subject to local consent and parliamentary approval. Any existing function of a local authority could be given to a combined county authority; these could be modified or have limitations and conditions attached. Functions could be specified as exercisable by the CCA concurrently with the local authority, jointly with the local authority, or instead of the local authority.
Clause 16 will enable effective co-operation between CCAs and local authorities where it is desired by the local area. Clause 16 mirrors section 105 of the Local Democracy, Economic Development and Construction Act 2009 for the conferral of local authority functions on to combined authorities. It also mirrors section 16 of the Cities and Local Government Devolution Act 2016 for the conferral of public authority functions on to an individual local authority, in terms of both the mechanism and the consent mechanisms. These powers already exist. Consequently, the consent requirements for regulations under clause 16 relate to the constituent councils and, where a CCA already exists, the CCA.
Amendment 24 seeks to make affected district councils have a say on the conferral of local authority functions. The necessary irreducible core of a county deal is a county council and any associated unitary council. Many of the powers that have been devolved through devolution deals so far have tended to be upper-tier powers. These are agreements between the Government and the upper-tier local authorities. That is absolutely not to say that district councils have no part to play in such agreements. They do—I hope they will—and we expect the devolution deal with the upper-tier local authorities to include details of how the new CCA, the county council and the districts that wish to will work together to deliver the outcomes envisaged in the devolution deal agreement.
As for providing for districts to have a say on the conferral of local authority powers, within the context I have described, they will indeed have a say, if they wish. First, they will have had discussions and reached agreements with their upper tier councils about how they will be involved in implementing the devolution deal. Secondly, powers are conferred through regulations. Before regulations to establish the CCA and confer powers on it, there must be a public consultation on the proposal, as we discussed earlier. This is an opportunity over and above the devolution deal that district councils will have to make their input, in the context that we are clear the agreement is with the upper-tier local authorities.
There is a good reason why we have taken the approach of having an agreement with the upper-tier local authorities: to avoid past experiences where one or two district councils have frustrated the wish of many in the area to have an effective devolution deal. However, we are equally clear that the appropriate involvement of district councils that wish to be involved is important and, indeed, essential to the delivery of certain outcomes that the devolution deal is seeking to achieve. It is, in short, a question of balance. We believe we have struck the right balance between an agreement with the upper-tier local authorities to establish it and flexibility so that the involvement can reflect local wishes of both the districts and the upper-tier local authorities in the area.
I know concerns have been expressed about district councils’ functions being removed and transferred to a CCA. I want to put on record something I have said to local authority leaders and which we have repeatedly made clear over the years. The Government are clear that there is no intention to use this provision to reallocate functions between tiers of local authorities when there is no consent. From the start, the devolution agenda has been about power flowing down to local leaders to enable decisions closer to the public, not flowing up. To the best of my knowledge, I do not think the powers in the two Acts I mentioned earlier have been used to date.
Parliamentary scrutiny provides a very secure safeguard here. The Secretary of State cannot make any changes to the functions of an individual CCA without parliamentary approval. It has always been the case that Parliament decides where the responsibility for functions lies in local government. An individual CCA cannot exercise functions unless it has been given them in regulations by the Secretary of State following parliamentary approval. A CCA cannot take power from a district or any council. One tier of local government cannot legally usurp the powers of another.
I understand and hear the concerns being that are being expressed about issues relating to the clause. I wish to reassure the Committee that I will take these issues away and readily consider how we might reflect the role of district councils in devolution deals. I hope that gives sufficient reassurance for amendment 24 to be withdrawn. We will think further about this important issue.
Alex Norris
I am grateful for that full answer and happy to withdraw the amendment on that basis. The Minister was as explicit as possible about how he envisages things working. I hope that, in his reflections, he will consider whether what is in the Bill needs to catch up and is as clear as it might be. I hope he will continue to engage with us in such conversations and, if he has engaged with those bodies in writing, that he will make a copy of the letter available in Committee or in the Library, so that we have full information for continued consideration. On the basis of the response provided by the Minister, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 16 ordered to stand part of the Bill.
Clause 17
Other public authority functions
Question proposed, That the clause stand part of the Bill.
Alex Norris
Clause 16 dealt with the conferral of local authority functions on CCAs. Further clauses, such as the ones between 30 and 37, deal with the conferral of police and crime commissioner functions, and clauses 19 and 20 confer transport, highways and traffic functions. With clause 17, I wondered what the Minister’s understanding of “Other” might be. What ideas does he have in mind?
Neil O'Brien
I will have to come back to the hon. Member in slower time on that. To explain a little about the clause, it is in essence the devolution clause that will enable the CCA to take on the functions of public bodies, including Ministers in central Government, the Greater London Mayor and Assembly, and agencies such as Homes England. Broadly, the clause allows devolution to happen. On his specific point, I will have to write to him.
Question put and agreed to.
Clause 17 accordingly ordered to stand part of the Bill.
Clause 18
Section 17 regulations: procedure
Alex Norris
I beg to move amendment 26, clause 18, page 14, line 35, at end insert—
“(1A) But notwithstanding subsection (1)(b), if a CCA prepares and submits a proposal for conferred powers under section 17(1) and the Secretary of State has already made provision for another CCA to be granted identical powers, the Secretary of State must consent to that proposal.”
This amendment would require the Secretary of State to accept an application for conferred powers from a CCA where they have already accepted an identical application from another CCA.
At the end of the previous sitting, the Minister started the debate on this issue, which is a point of distinction, so I think the amendment will be an interesting one to discuss. Notwithstanding the sorts of functions that the Minister has in mind, which he will follow up with, the clause sets the rules by which county combined authorities can receive more powers from central Government. We are supportive of that: we want to move powers from Whitehall to our town halls, but in doing so the Bill can be improved.
I touched a little on the asymmetry of the devolution of power in England, and it is worth covering something of that. Metro Mayors hold powers over spatial planning, regional transport, the provision of skills training, business support services and economic development. The detail of the powers and budgets devolved, however, varies massively between areas.
For example, in Greater Manchester and West Yorkshire the powers of the police and crime commissioner have been merged into the mayoral role, but not in other mayoralties. The Greater Manchester Combined Authority oversees devolved health and welfare budgets, working in partnership with the lead Whitehall Departments, but other combined authorities do not have such powers. All Mayors can establish mayoral development corporations, except for the Mayor of Cambridgeshire and Peterborough. All Mayors can raise a council tax precept, except in the West of England.
That is an odd hotchpotch. If we were to sit down and plan a devolved settlement, which we are doing quite a bit of, we would never pick a model that is quite as uneven and such a mishmash. That is what happens when settlements are negotiated case by case behind closed doors, on the basis of what Ministers judge communities are ready to have. Furthermore—this is part of what we are addressing today—those disparities in power do not even account for the fact that vast swathes of the country do not even have combined authorities; they just have their council.
We are in the odd situation where Manchester gets to elect a Mayor with a PCC, but in Nottingham we cannot vote for a Mayor—we don’t have one; we do not have a combined authority in the county terms yet—but we vote for councils and a PCC. That gets very hard to explain to constituents, and means that different parts of the country get access to different powers. I think we should do better there.
The Minister characterised that position as being for either a one-size-fits-all model or moving at the pace of the slowest. I am not saying that. My dissatisfaction with asymmetry aside, I live in the real world; we have an asymmetric settlement and it would not be practical or desirable to change that. Where those combined authorities are motoring along, they must keep doing so; they are doing crucial and impressive work, and of course we would not want to change that. However, we have the power to ensure that the combined county authorities, which cover big parts of the country, and will hopefully bring devolution to the bulk of the country, have some sense of commonality in the powers that they are able to access, but not have to access—not a floor but a ceiling.
I do not think that I am actually asking the Minister to do anything more than has already been set out by the Government. The White Paper itself sets out those three tiers of powers. We will get to the point about the governance structures at a later date, and as the hon. Member for Westmorland and Lonsdale said earlier, I also completely dispute the point that we should have to accept a Mayor in order to get tier 3 powers.
Nevertheless, the Government have established a common framework—a common menu, as it were—from which to pick. This is the significant point of difference: I believe that should be a local choice. It should be the local leaders and local public deciding what powers they want. I must say that I think the bulk will want something towards the upper end, because they will understand that decisions will be made better locally and that they will have a better understanding than the centre about what they want for their communities and how to get it. The Government’s approach—the approach of the past 12 years—is to pick and choose, depending on the qualifications, or otherwise, they think the local leaders have. I think that is a significant mistake.
Amendment 26 seeks to improve that. Essentially, it would prevent the Secretary of State from doing a blizzard of different side deals with different communities, based on the powers they confer on a CCA by saying that, if they confer a certain power on the CCA, then an identical application from another CCA must also be accepted. That is saying that, if new ceilings are set, then everyone should have access to that. As I said, that will not result in perfect symmetry—anything but—that is not the intention of the amendment. However, it will mean that all communities have access to the same powers.
I am interested in what the Minister says to that and will listen carefully. If, in practice, the way in which the amendment is worded does not deliver that effect but, in the Minister’s view, there is a better way of doing it, then I would accept that heartily—it is the substance, rather than the amendment itself, that means something to me. However, it is a very important point.
This is the moment, on county combined authorities, to say that we are going to break free from this individual deal-by-deal way of devolution, and say that we just think the powers are better exercised locally—we should be explicit about that because it is a good thing to say—and that in doing so, everybody gets access to them, not just the ones that are deemed to be good enough. I think that would be a significant step forward for this legislation.
Neil O'Brien
We have had asymmetric devolution in this country since 1998, when the Labour Government introduced devolution for London, Scotland and Wales, but not the rest of the country. In 2010, when we came into power, London was the only part of England that had a devolution deal; that was great for London, but the problem was that other areas of the country were not enjoying the same advantages. It was not even the case that there was symmetry between Scotland and Wales: there were differences in the name of the legislative body—Parliament versus Assembly—and in tax-raising powers, so the revealed preference of the last Labour Government was to have asymmetric devolution. I think that was justified by the different levels of readiness.
Rachael Maskell
We are all learning on this issue, but does the Minister acknowledge that that approach has brought us a call for an English Parliament from some quarters and, from other quarters, a greater propensity to want independence? We have to be careful that we do not break up the Union, or the federation, by what is being created in this Bill, and ensure that we maintain those ties that still bind us together.
Neil O'Brien
I do not want to critique the decisions of the last Labour Government; I am merely pointing out that there was an acceptance of asymmetric devolution throughout that time, for all kinds of reasons of practicality.
The hon. Member for Nottingham North said earlier in the debate that the default should be alignment. We fundamentally do not agree with that, for reasons of localism; it is not what every local area wants. He also asked why these devolution deals are different, and mentioned two examples: the West of England not having a precept, and Cambridgeshire and Peterborough not having development corporations. The reason why those areas are different from the others is that that is what local people wanted, and it is what local leaders would agree to. That was their choice. That is localism, and that is generally the case for most of the variations in devolution agreements. It is about what local political leaders wanted to agree to—it is fundamentally about localism.
However, that is not the only reason why devolution agreements differ between areas. I will be candid: there are things that make it possible to go further in some areas than in others. It is partly about geography; does an area’s combined authority—the CCA, potentially—fit with the governance of the thing for which the area is trying to devolve powers? Is there geographic alignment, or will it take time to achieve in respect of various public services? Are local partners—perhaps the NHS, in the case of Greater Manchester’s health devolution agreement—ready to work with an area? Has an area been working on it for a long time prior to the devolution agreement?
In some cases, there is a tie to whether an area has a directly elected leader. We are clear that we prefer the direct accountability and clarity that comes with the directly elected leader model, which is why the framework we have set out enables places to go further if they choose to go with that model. In some cases, in respect of things such as the functions of a police and crime commissioner, we are not legally able to devolve powers to someone who is not directly elected.
I said earlier in the debate that, fundamentally, we will not make progress and the devolution agenda will not make progress if we have to move in lockstep—if a power offered to one place has to be offered to all. To quote the great Tony Blair,
“I bear the scars on my back”
from negotiating all these devolution agreements in Whitehall. It is no small thing to get elected Ministers of the Crown to give up their powers to people in different political parties. It is the case that different places are ready to do different things, and it is important for them to do different things.
It is not the case that there is no framework—a framework is set out on page 140 of the levelling-up White Paper—but it is clear that there will be variation within that. It is a basic framework. Indeed, the White Paper includes principle three, on flexibility:
“Devolution deals will be tailored to each area”—
they will be bespoke—
“with not every area necessarily having the same powers.”
It does, though, set out what may comprise a typical devolution deal at each level of the framework. It is clear from our experience that we can add to devolution deals over time, that areas will have more ideas about the things they want to pursue, that they will get ready to do new things and that we can go further over time. It is an iterative process, not a once-and-for-all deal.
The hon. Member for Westmorland and Lonsdale asked who this is for—is it for Whitehall or for the people? I put it to him that our flexible model is for the people, not for Whitehall. Tidy-minded Whitehall officials would love nothing more than to have a rigid framework in which “Each of these things must mean exactly the same. If one’s got it, everyone must have it. We’ll put you in a grid. Oh, the matrix is not right!” I assure the hon. Gentleman that Whitehall would love that. It would absolutely adore that—it is what Whitehall would fundamentally like. Our approach rejects that bureaucratic approach and instead gives people what they want locally and what they are ready for in an area. Doing that enables us to make iterative progress.
I am not having a go at the Opposition, but we inherited a situation in which there was no devolution in England outside London. We have been able to make progress partly because we have been able to work iteratively. If we had said in 2014, “If you are offering these new and novel powers to Greater Manchester, you must offer them to every other single place in England,” we would never have got anywhere. It is as simple as that. We have to work iteratively, and by doing so we have made good progress.
Mrs Emma Lewell-Buck (South Shields) (Lab)
I am a little confused. My understanding was that the amendment does not say it has to be the same everywhere. It simply says that if an area requests a power that people have elsewhere, the Secretary of State should grant that request. I think the Minister misunderstands what the amendment is about.
Neil O’Brien
I think I have directly addressed that point. I reject the Opposition statement that “The default should be alignment.” I have taken on quite directly the point that it is about not just each area wanting different things but different places having different geographies that do or do not fit with different local partners. It is the case that different places do or do not have the agreement of local institutional partners and it is the case that some places are more or less ready and have further institutional maturity and, indeed, that we continue to add to that. I am not hiding or running away from the fact that part of this is about a view of what is achievable, along with, most importantly, what local places want. I am grateful to the hon. Lady for giving me the chance to take that on directly. I will not hide from the fact that that is one of the reasons for variation. My final point is that one reason why we are able to make progress is that we can move the convoy not at the speed of the slowest.
Alex Norris
This has been a really good discussion. As the hon. Member for Westmorland and Lonsdale said, the fundamental question is, “Who is this for?”—that is exactly the question posed by the amendment—and I would add, “Who decides?”. At the moment, we will have devolution as long as it is what Ministers want—that is disappointing. Sadly, it is why, as the hon. Gentleman said, preconditions will be put on access to powers that do not relate to the exercise of those powers,
My hon. Friend the Member for York Central made an important point about patchwork Britain. As I have said, we are willing to live with local choice provided that it is the local choice—that is perfectly legitimate. I actually think that most communities will turn to the highest levels of power. I was perhaps too bashful to say this at the outset, but we need only set the operation of the powers against the Government’s record over 12 years. I do not think many councils will be thinking, “Please let this Government keep doing more things for me because it is going so well”—those that do will be very limited in number.
Yes, there has been asymmetry. I am glad that the Minister accepts the brilliance and goodness of Tony Blair. I must correct the Minister, though: he keeps saying the “last Labour Government”, but it is only the previous Labour Government—there is nothing final about it! [Laughter.] In all seriousness, this has to be about what communities want, not what Ministers want. The Minister said that for some communities, it is not the right time. Okay, but if the common ground for decisions to be made locally is the alignment of public services—that point was well made—could geographies that do not match naturally be converged if that is what local people want? I would support that, but it would take time. Provision should be included to allow them to access the powers when they want to. They should not have to rely on further regulations.
Neil O’Brien
I am grateful to the hon. Gentleman for giving way at what is probably quite an annoying time for me to intervene, but I want to highlight mission 10 of the missions that we discussed earlier. It states:
“By 2030, every part of England that wants one will have a devolution deal with powers at or approaching the highest level of devolution and a simplified, long-term funding settlement.”
I think that makes it clear that our intention is for the powers and the scope of devolution to move upwards over time. That has been the direction of travel since 2014.
Alex Norris
I am grateful to the Minister for that intervention because he has made an excellent case for my amendment. That is what it would do: all communities would have access to the highest level of power. The Minister used the word “bespoke”, but how does that fit? Why would we have a series of bespoke arrangements if we wanted all local communities to have access to the highest powers? Those two things do not sit together naturally.
The point I made earlier about the default position being one of alignment was in relation to the constitution of CCAs. Let us say that ten deals are done and ten sets of regulations are made. The default should be that those regulations say the same thing, unless there is a really good reason for them not to. I am not saying that for the entire settlement. As I have said, things will move over time, but access should be to the highest level of power.
This is not about moving in lockstep; I am sure that there will be different paces. I dare say that although I do not have the Minister’s perspective—I do not work with local communities on this day to day—I have a lot more confidence in local communities to take the powers on more quickly. They only have to beat the Government of the day, and I have a lot of confidence in them in that respect.
Certainly, I do not disagree with what the Minister said about the White Paper, but I am not willing to rely on it in lieu of a better alternative in the Bill. I must rely on what is in the Bill, so I will press the amendment to a Division.
Question put, That the amendment be made.
Tim Farron
I, too, support this wise and important amendment. I am thinking again about my community in Cumbria. Many bus routes that serve the county cross boundaries including, indeed, regional boundaries, because many of Cumbria’s routes are through to: Northumberland and Durham, a different region; into North Yorkshire, a different region; and to Scotland, a different nation—not necessarily a matter for this Committee, I am afraid. We are bounded on one side by the sea and then at the bottom there is Lancashire—the same region, but very likely to be in a different CCA, if that is the direction in which the Government and the community seek to move.
Bus services cross boundaries, and of course people work in different communities. People in the south end of Cumbria will look to work in Lancaster and further south. Towards the eastern end, the dales part of my community will look towards Leeds or Skipton. Further north, people will work in Carlisle and Penrith, and so on. Bus services rightly do not respect artificial boundaries, and it is important that we regulate fairly.
It is also worth bearing in mind, though, that there are far too few bus services to regulate and they are far too expensive. In a rural community like mine—in fact in most communities, urban or rural—bus services do not make much money, if they make money at all. Rather than thinking about the burden on the taxpayer of a subsidy that we might ask for, we need to consider public transport as a crucial investment in the oiling of a community, and of an economy.
As we move towards CCAs, part of the ambition that I would like them to have, as they are integrated with transport authorities, is to be able to bring more services. It seems odd that we are in a country where most local authorities are forbidden from being operators themselves. We should allow authorities to become bus operators and make their own luck, and indeed to compete properly in order to provide services to their communities.
For people living in a rural community such as mine—living off the A6, the A591, or the A590—on those arterial routes there will be a very expensive bus service. Often, there will not even be an expensive bus service; there might be one a week if people are lucky. Giving power to local communities, and putting in a provision and an expectation that they will co-ordinate, regulate and make sure that there is fairness and continuity across boundaries, should also go hand in hand with ensuring that there is sufficient investment, so that we have more buses and indeed more light rail serving our communities, particularly in rural areas that are so remote and where the distances to travel are that much greater.
Neil O’Brien
I agree with so much of what has been said by Members on the Opposition Benches. I agree about the importance of co-operation across boundaries. I have been very pleased to see the way that the West Midlands Combined Authority has improved transport even beyond its boundaries. Places that are negotiating devolution deals with us at the moment, from the south-west to the north-east, are thinking about that very actively.
I agree with what the hon. Members for Westmorland and Lonsdale and for York Central said about the importance of integration. It is one of the reasons that we have been keen to support bus franchising where people want that. I remember it being advocated to me nearly 22 years ago by the hon. Member for Blackley and Broughton (Graham Stringer), who is a former leader of Manchester City Council. He spoke about the advantages of integration through having that London-style bus franchising, which we would be able to approach in different ways through devolution.
Our approach is to achieve voluntary co-operation, rather than setting a requirement or duty to co-operate. We always try to encourage co-operation wherever we can—indeed, to the point of the hon. Member for Westmorland and Lonsdale revealing that he had encouraged it across the England-Scotland border, through the wonderful borderlands growth deal.
Rachael Maskell
Will the Minister acknowledge that many of those negotiations can take a significant amount of time, and can be not only incredibly painful when it comes to making progress, but at times quite conflictual, because there are conflicting interests at play, depending on the model of bus ownership and franchise that is operating?
Neil O’Brien
I absolutely agree. That is one reason why we are resisting the amendment—there are profound choices and it should be for local areas to make those choices.
The devolution framework absolutely recognises the importance of neighbouring authorities working together. Clearly, that is very important in CCAs being able to deliver their transport functions properly and to exercise control over local transport plans, and specifically to use these powers and controls to deliver high-quality bus services, as the hon. Member for York Central and the hon. Member for Nottingham North have said.
The amendment is unnecessary. There is already extensive collaboration between local transport authorities. Under current arrangements, there is a formal duty to co-operate, but not in the way that the amendment proposes. The current framework for local transport planning and guidance issued following the national bus strategy recently encouraged the joint development of bus service improvement plans. Examples exist in the West of England Combined Authority and North Somerset—two different areas—and also in Lancashire, with Blackburn and Darwen again working across the boundary of two top-tier local authorities. Those examples offer some further positive models of collaboration between local transport authorities in relation to planning local bus service improvements, which will include fare levels and service patterns, and all the other key issues.
We would expect CCAs to take the same collaborative approach with their neighbouring authorities, and I have to say that all the signs from the discussions we have had so far suggest that they want to take the same collaborative approach. We therefore feel that the existing mechanisms are sufficient to deliver and ensure the co-operation between authorities that we are talking about. As such, this amendment is unnecessary.
I hope that, given those assurances, the hon. Member for York Central will withdraw the amendment.
Rachael Maskell
This is an important amendment. Having served as a shadow Transport Minister, I know the importance of getting a system in place to ensure connectivity and reliability, as well as modal shift. These amendments would hold the Secretary of State to account through the requirement to set out the reasons for any inequality in the transport functions conferred on CCAs. Ultimately, the public have a right to understand the Secretary of State’s thinking on such matters, particularly as it could well have an impact on them.
As we will debate further as the Bill progresses, the national development management policies will be making particular demands around transport infrastructure in our country. I am sure that will be a major area of contentious debate, but if we are looking at some authorities having the means to address their local transport system and other local authorities not having equal means, that will create even more discontent and inequality.
Ultimately, our transport system is a national system because our connectivity across the country has to connect—that might seem an obvious point. My fear is that this inequality could mean a more stop-start approach to transport planning, as opposed to the smoothing that we know the road and bus industries—and indeed the transport sector as a whole—are calling for. Accountability for any differentiation of powers is important, and that is what these amendments call for. It is also important to understand the Secretary of State’s thinking about how they are putting the transport system together across our country.
I appreciate the Minister’s role, but what happens in what I described earlier as the capillary routes, as opposed to arterial routes, is of equal importance, because people will not maximise the opportunity of those routes if they cannot reach them. There has to be joined-up thinking that stretches beyond the remit of the Minister, but which is crucial to the Bill.
Neil O’Brien
These amendments would require the Secretary of State to publish an annual report setting out any differences in transport, highway and traffic functions conferred on CCAs, the reasons for those differences and the extent to which economic, social and environmental wellbeing factors were considered in coming to decisions to confer different powers. The reports that the amendments seek are unnecessary as the information will already be available. The hon. Member for Nottingham North said that there should be an account, and I am happy to say that there will be.
Following a successful devolution deal negotiation, the devolution deal document and councils’ proposal will set out any transport and highways roles that the CCA will have, the intended outcome and the difference these will make to the area. Whatever functions to be conferred, including any on transport and highways, will be set out in regulations, which are considered by Parliament and must be approved by Parliament before they can be made. Parliament will have an explanatory memorandum explaining which transport powers are being conferred, and why, the views of the consultees and how the conferral meets the statutory test of improving economic, social and environmental wellbeing—the exact set of issues that the Opposition are keen to hear more about.
There will be differences, as I have said, to reflect the bespoke nature of devolution deals that address the needs of an individual area, seeking to maximise local opportunities to drive levelling up. At the moment, there are no integrated transport authorities in place, but the possibility of establishing one remains. Parliament will have all of this information available through other means; this amendment would create unnecessary bureaucracy.
Alex Norris
I am happy on the basis that this information will be available to Parliament. I hope that, if it is debated, Ministers will be as candid as the Minister has been throughout today’s proceedings and explain the precise reasons for any differences. That is an important part of effective scrutiny. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 19 ordered to stand part of the Bill.
Clause 20
Directions relating to highways and traffic functions
Question proposed, That the clause stand part of the Bill.
Alex Norris
These are significant powers. We have talked about the importance of devolving highway and traffic functions to CCAs. The clause allows those powers to revert and the Secretary of State to direct. I want an assurance from the Minister that those powers would be used only in very exceptional circumstances, because I cannot believe that that ministerial lock is that necessary if we are really intending to devolve these powers.
Neil O’Brien
I should reply to that, Mr Paisley. I cannot think of any instances where these powers have been used so far. Of course, there is a scenario in which a CCA was wound up. There are some issues in a particular case in the north-east at the moment about moving from a combined authority that covers part of the area to one that covers all of the metropolitan area. It might be that there are some legal powers one needs to make that happen, which is the will of the local authorities. However, in general, it is not our intention to suck powers upwards, but to devolve them.
Question put and agreed to.
Clause 20 accordingly ordered to stand part of the Bill.
Clause 21
Contravention of regulations under section 20
Question proposed, That the clause stand part of the Bill.
Alex Norris
The clause concerns contraventions of the directions in clause 20. I know these powers have not been used and they mirror powers in the Local Democracy, Economic Development and Construction Act 2009. However, I wonder whether the Minister would understandably think that there would be some sort of arbitration before these powers were perhaps used to their fullest. Of course, finance is involved in this clause.
Neil O’Brien
I am sure there would be a lot of discussion before one came to these kind of steps, which are pretty dramatic. I am happy to discuss that further with the hon. Member for Nottingham North.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Clause 22
Changes to boundaries of a CCA’s area
Alex Norris
I beg to move amendment 31, in clause 22, page 19, line 15, at end insert—
“(14) Where the Secretary of State makes provision under subsection (1)(b) to remove a local government area from a CCA, they must publish a statement setting out how that local government area that will have access to the powers they have lost in the future.”
This amendment would require the Secretary of State to explain how a local government area will in future have access to the powers they have lost as a result of removal from a CCA.
Alex Norris
The amendments alter clauses 22 and 23. Clause 22 allows the Secretary of State, with the consent of the relevant local authorities in the CCA, to change a CCA’s boundaries. I would not expect it to be a frequently used power or, certainly, to be used soon after Royal Assent, but given the Minister’s earlier example of north and south of Tyne, I can understand that there could be a context, perhaps for a combined county authority, where something similar could happen.
Similarly, clause 23 allows for dissolution. Again, there might be a context where a CCA does not leave the husk body—I think that was how the Minister characterised it earlier. What is important, and what I am probing with these amendments, is that there will be some sense that this is not about the end of the devolution settlement for those areas and that they will not lose powers, but rather there will be a confirmation that these communities still have access to the same powers. The amendments would require the Secretary of State to provide an explanation of how those communities will still get access to those powers.
Neil O’Brien
Although we have not yet established any combined county authorities, we need to look to the future and anticipate some scenario in which an established CCA wishes to change its boundary, or a CCA needs to be abolished. If that happens, Parliament will receive a statement and an explanatory memorandum explaining the boundary change or dissolution, any conferral of powers, the views of the consultees, and how it meets the statutory tests of improving economic, social and environmental wellbeing. It will then be considered in a debate. In addition, the Secretary of State may make regulations changing the area of a CCA only if that is something that the area consents to, and a CCA cannot be abolished without the consent of a majority of its members and of the Mayor, if there is one. It cannot be imposed.
Alex Norris
I am grateful for the Minister’s reply, which gives me some confidence that things will happen as we would have hoped. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Ordered, That further consideration be now adjourned. —(Miss Dines.)
Levelling-up and Regeneration Bill (Ninth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 5th July 2022
(2 years, 5 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 5 July 2022 - (5 Jul 2022)
The Committee divided: - Ayes: 5 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Tim Farron (Westmorland and Lonsdale) (LD)
In the spirit of unity and collegiality, which has marked the tone of the debate in Committee over the past few weeks, as a Lancastrian I wish the Yorkshiremen at the crease in Edgbaston all the very best. I still dare to believe, although there are two wickets and it could all go horribly wrong, could it not? However, let us focus on the matter at hand.
This is an important area for all of us. The Government have clearly set their heart on having a Mayor at the head of CCAs around the country and that being their chosen model for delivering devolution. I want to press the Minister to understand that that must not be something that is forced on communities. We must not be in a situation in which elected Mayors are deemed to be an essential, otherwise devolution deals would not be permitted.
I worry for lots of reasons, some of which have been mentioned by the hon. Member for Nottingham North. Many Mayors of all political colours do a great job around the country, and it is a mode of local government leadership that can work—it sometimes does and sometimes does not. The people of Bristol have demonstrated to us that it might not work for everybody. There is still time to reflect and think, “That’s not the way we wish to go as a community.”
The fundamental thing that I would like the Minister to state, in response to the debate on this particular aspect of the Bill, is that the Government will not make an elected Mayor a mandatory, compulsory element of any kind of devolution deal in any part of the country. There are reasons why communities might reject or not wish to have—or not benefit specifically from having—a directly elected Mayor as their mode of local government leadership.
For example, many people feel, as I do, that the election of a single Mayor to lead a local government area can personalise and trivialise politics. It can undermine collegiality, in which people from different parties and communities reach common decisions. It makes consensual outcomes with all political and geographical views properly represented much less likely. It can also distance local government from the people it is meant to serve. It feels to me to be part of a movement that is making local government less local.
If a councillor representing 2,000 or 3,000 people has direct access to the cabinet or executive of a local authority, a local person is much more likely to see that councillor, who is more likely to be someone they bump into at a supermarket, in the pub, at church, in the street or what have you, and to be able to hold them to account. Such a councillor is much more likely to absorb that person’s views and perspectives than a Mayor who represents hundreds of thousands of people. A Mayor makes local government less local, and what is the point of local government if it is not local?
One of the problems with communities such as mine—we have just gone through unitary reorganisation in Cumbria, with the two new authorities of Cumberland and of Westmorland and Furness—is that, in both authorities, parties were elected to run them that were clearly opposed to the mayoral model. To use us as an example, it would be very peculiar and anti-democratic if the Government were to make any kind of devolution deal contingent on the people of those communities having to accept something that they had just rejected only a few weeks ago.
That is the fundamental thing. It is not that there should never be Mayors. As the Committee can tell, I have my views—on whether I think that on the whole directly elected Mayors are a good form of local government—but I can absolutely see the case for them in some communities, if those communities choose them. The fundamental point to make about the clause is that the Government must not seek to enforce something on—or, in effect, to bribe—a community, by saying, “Yes, you can have your devolution deal, but only if you accept this model of local government.” That is not devolution, and it would be unacceptable. I hope that the Minister will reflect on that in his response.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O'Brien)
I concur with the hon. Member for Nottingham North that it is a pleasure to have an all-Yorkshire Front Bench on this third day of the test—sorry, I mean on line-by-line scrutiny. He will recall that some years ago, Yorkshire allowed people who were not born in Yorkshire to play for the team, and I should break to him the news that my colleague the Housing Minister was born in Wales—“Greater Yorkshire” would be the definition here. However, I agree with him on the pleasures of this wicket-by-wicket, single-by-single approach to going through the legislation. I have never been accused of being a flair player, but I hope I can answer his questions.
The hon. Member for Westmorland and Lonsdale made a typically sensible set of observations. I will answer a number of them. For the first time, through the framework in the White Paper, there is an option to have a devolution deal without a Mayor, so that option clearly is there; it is possible. We are clear about that, and that may well the right thing, as either a transitional or permanent step, for a number of different places. However, the Government have made it clear that they will go further for places that do have a Mayor because then there is that accountable leadership.
The hon. Gentleman made some important points about the importance of collegiality. In the best functioning mayoral combined authorities, that still very much does happen. We have a clearly accountable front person in the form of the directly elected Mayor, who is a wonderful face for the area on the world and national stage and someone who can be held to account by voters. Where these things work well, there is still a great deal of cross-party collegiality going on below the surface, as it were.
The hon. Gentleman argued that the decision making was a less local model. I would challenge that a little, in so far as decision making for many of the existing combined authorities was already happening at that city-regional basis. Most of these places, after the abolition of the previous elected governments in 1986, had quangos running transport, for example, across the city region. It is just that nobody was directly elected and accountable for the decisions of those quangos.
To take a controversial example, in West Yorkshire there were two failed attempts, led by Metro, to create a tram for Leeds. However, it was not obvious to any normal voter who they should hold to account for those two previous attempts, because no one was elected. It was a quango—the kind that the hon. Member quite rightly complained about in previous sittings.
On the Opposition Front Bench, I agree with much of what the hon. Member for Nottingham North said on the important role that Mayors are playing around the country. On the specific point that he raised about election days, the first election of the Mayor will take place
“on the first day of ordinary elections”
for the constituent councils, which is the first Thursday in May. That is how it is written in schedule 2. Areas do not have to wait until the next scheduled election. It is that date—the first Thursday in May is the day of ordinary election. I hope that that answers the hon. Member’s question on the meaning. I do not blame him at all for asking the question; there is a particular meaning in law for that day.
Alex Norris
I am grateful for that clarity. That will be enough for me not to labour the point. However, I hope the Minister might take that away and think about it, because the Bill refers to
“ordinary elections of councillors of a constituent council”.
I might have misunderstood, but that implies that it is not just ordinary elections, as in just “the first Thursday of May”, which might have been a better way to put it.
Neil O'Brien
I am very happy to look at that. I think it is to do with the language of the legislation sounding a particular way, but I am very happy to take that point on board and think further about it.
Question put and agreed to.
Clause 24 accordingly ordered to stand part of the Bill.
Schedule 2 agreed to.
Clause 25
Requirements in connection with regulations under section 24
Alex Norris
I beg to move amendment 60, in clause 25, page 20, line 32, at end insert—
“(2A) But the Secretary of State must not make regulations under section 24(1) in relation to a CCA’s area if the constituent authorities of that area have requested that powers be conferred by the Secretary of State without the establishment of a mayor.”
This amendment would prevent the Secretary of State providing for a CCA mayor without the consent of the constituent authorities of that CCA.
If the previous clause stand part debate was my love letter to Mayors, this is slightly the opposite. As I said, it is right that communities that wish to harness the value of an elected Mayor are able to do so. I have no doubt that many will choose that, and it is right that they are able to. However, it is not right that those that would choose not to do so are forced, compelled or coerced to have one when that is not their real wish. I fear that that is the effect of the White Paper.
Tim Farron
This important subject gets to the heart of the motivation behind the Bill. What is it all for? Are we trying to level up different parts of the United Kingdom so that we can make best use of the opportunities available, fulfil the talents of every person and community within the United Kingdom and not waste that talent? Or are we trying to make things neat and tidy for the Government so that they can control things centrally? If it were the former, we would not be having this conversation, which makes me suspect it is the latter.
I was pleased for a few moments when the Minister said it is possible to have a devolution deal without a Mayor, but then that was followed by a whole bunch of “buts”. If a community wants a little devolution deal, it can have it without a Mayor, but if it wants a full-fat deal, it has to have a Mayor. Surely local communities should be presented with two choices, rather than just “Like it or lump it”. They should be asked, “Do you want devolution and do you want a Mayor?” They should not be told, “If you want devolution at level 3 and to have those kinds of powers, you must have a Mayor.”
I concur with the hon. Member for Nottingham North that there is no obvious functional reason—it seems totally arbitrary—to say that that must be the case. The Government say, “Well, that way we can hold people to account better”. Local democracy, local elections and the electorate hold people to account. Mayors and councils are not and should not be accountable to the Government. They are accountable to the people who did, or did not, elect them within their electorate. If we cherish local democracy, that is where the power will lie.
It feels like this issue is not about accountability at all, but about control. If a community decides that the model of local government it wishes to have does not include a Mayor, but it has the appetite, resources and infrastructure to handle and deliver the highest level of a devolution deal, what right has Whitehall to tell it that it cannot? That is not levelling-up; that is condescending to every single community in the United Kingdom. We are talking not about accountability, but control. We asked last week: who is this Bill for? Is it for the people or is it for the convenience of Whitehall? Given the Government’s insistence that devolution deals will not be extended in their fullest form to places that will not have a Mayor, it is pretty obvious that this is a Bill for the convenience of Whitehall and not for the people.
Neil O'Brien
This is a really interesting debate, and it is good to be able to have it in public. Let me be blunt: nothing is hidden here. We are clear that the Government’s view is that we prefer the mayoral model. Although it is possible to get a lower-tier devolution deal without one, there is no secret that our preference is for the mayoral model. Let me explain why.
Clearly, we could devolve all these powers—do all these things—to an unelected committee. We could have said, “Let’s take the 10 local authorities in Greater Manchester—AGMA—give them all the powers that we have now given to the mayoral combined authority. You just sort it out among yourselves. You can have a committee of the 10 of you, and you can decide among yourselves—perhaps by a majority vote—and then make those decisions.” All those things are totally feasible, and we could do that. It is a perfectly viable model. However, it is not the model we prefer, for various reasons—this goes to the point made by the hon. Member for Westmorland and Lonsdale. It is not for our convenience, but for the convenience of voters in these places. If we have just a committee, how is that committee held to account by a normal voter?
Let us take the Greater Manchester example, with 10 local authorities. We have got to choose where the new tramline is going to go. Is it going to go to place A or place B? The committee meets, there is no Mayor, and it decides the tramline is going to go to place A, not place B. I do not like that, as a voter; I wanted it to go to place B. What do I do, and who do I hold to account? Perhaps my local authority leader. I go to my local authority leader and she says, “I voted for place B, sorry, but I got outvoted.” What am I supposed to do now? Do I vote against her or for her at the next election? There is no one for me to hold to account if things are run by a committee.
I believe in steel-manning, not straw-manning, my opponent’s argument, so I could say, “No, what we want is not a committee. We want voters to have a say over what happens in these combined authorities, and what we actually want is to go back to the metropolitan county councils. We want to have an assembly.” It is perfectly viable, but let us be clear that that does mean quite a lot more politicians. It is a less sharp, less clear model for most voters than a mayoral system, which is why the mayoral system is the dominant model around the world: everyone around the world has city Mayors and knows that model. Inward investors know and understand that model. There is a phone number and people know who they are picking up to: is it Judith, is it one of the Andys? People know who they are supposed to speak to. We have clear accountability and clear leadership. Sometimes there are tough choices to be made. Consensus is a good thing—we always want maximum consensus—but in the end, we often have to choose between A and B. Having a directly elected mayor who knows that needs to be done, and to have programmatic government, not the lowest common denominator log-rolling and horse-trading, lets people make that decision and be accountable to the public. It gives visibility to the world.
One reason why Labour was right in 1998 to create a directly elected Mayor for Greater London was that in its absence we had a big committee—a big quango—with decisions made without anybody really being held to account. For the same reason that Labour created a directly elected Mayor for the capital, we have done it for the other cities that did not get one before 2010.
On a point made by the hon. Member for York Central, this is a long-term game. We want to do go further and further with devolution. One of the missions in the levelling-up White Paper is:
“By 2030, every part of England that wants one will have a devolution deal with powers at approaching the highest level of devolution and a simplified, long-term funding settlement.”
We want to keep going and going. The question I have about the unelected committee model of devolution is, once we start to do more and more high-powered things, more and more functions come out of Whitehall and more and more controversial decisions are taken—and take longer—at the local level. Is that a model that can really hack increasingly controversial decisions in the long term?
Evidence from the OECD finds that fragmented city governments—not having that tier at all—leads to worse economic outcomes. I think we are all agreed that a tier is needed to work together across local authorities and city regions. The only question is how the accountability then works. I wonder how many of the places that have now got Mayors would really want to go backwards. A lot of them resisted having a Mayor. They resisted very strongly. Even on the morning of the Greater Manchester devolution deal, one of the local authorities still had questions about it. Now that those cities have Mayors, who seriously thinks that it would be a good idea for them to go back to having just an unelected committee or a quango, and for them not to have either of the Andys or Ben Houchen providing inspirational leadership and working locally in a collegiate and cross-party way? Do people really think that would be an improvement? I wonder about that.
Alex Norris
We have had a really good discussion. I agree with the hon. Member for Westmorland and Lonsdale. I fear that neatness and tidiness for central Government, rather than for communities, is dominant, which raises the question, who is this for?
The hon. Gentleman asked what right Whitehall—or central Government, or however we might characterise it—has to make such distinctions, and I agree with him. We are talking about two different sets of profound powers that will shape places and—I think there is broad consensus on this—improve and enhance the lives of local people, but one community will have access while another will not, because the Government have made the election of a politician a sticking point. The Minister has made it clear that that is the Government’s preference, but it is a fundamentally distorted vision of devolution. If the powers are to be so impactful, all communities should have access to them.
Neil O'Brien
To be clear, is the Opposition’s preferred model an unelected committee or assembly-type model? What do they prefer to the mayoral model?
Alex Norris
The Minister has never heard me argue for the assembly model—a red herring that he introduced to the debate—and I think the characterisation of committees as “unelected” is unhelpful. He has heard me argue over a significant time for the powers set out on page 140 of the White Paper to be available to county combined authorities. If they choose to be led by an elected Mayor, that is their choice and I would absolutely support it.
I think that is where we will end up in Nottingham and Nottinghamshire, although, as I have made clear, it is not my preference—perhaps by repeating how against it I am at all stages, I am attempting desperately to ensure that I never end up a candidate. Nevertheless, that has been my view throughout. The difference between my position and the Minister’s is that I have no intention of foisting mine on other people, whereas the Minister clearly does.
The Minister started by saying that he prefers the mayoral model—that is wonderful—and he made a strong case for it. I advocate that he take that case to the people of Leicester and Leicestershire, and given how persuasive he is, maybe he will succeed in convincing them. That would be an example of the process working well, and I would support his efforts in principle, if not in substance. But let us address this point about unelected committees, which as I said, is a bizarre characterisation. Let me put it this way: the Minister has introduced 60 clauses to create county combined authorities, and that has been important for this Bill Committee, which, by his logic, is unelected. In reality, the constituent members of those committees have very much stood for election and they lead their local authorities. I do not have any problem with that democracy. If four elected leaders meet for a pint after work, do they suddenly form an unelected committee and their democratic mandate ceases? I think they are still elected, and if they misbehaved that night, they would be treated as if they were. The idea that such committees are unelected is for the birds, frankly.
The Minister said—I am not sure that I agree—that this is for the voters. That is excellent news. In that case, I do not think he has anything to fear about what is established as the local preference. Why do something for someone if they do not want it?
Neil O'Brien
The Opposition have spent several days complaining that our devolution model is too messy. This morning they are complaining that it too neat and tidy.
Alex Norris
At no point have I complained that this is too neat and tidy. I am saying that Ministers are seeking convenience; not that the settlement is too neat and tidy but that Ministers are pursuing a life that is neater and tidier than it is ever going to be.
I was hugely discomfited by the Minister’s final point about the M10 Mayors. As I have said, I have family in Manchester who love that model and it really works for them. That is great. Andy Burnham is doing a brilliant job, and that can be said throughout the M10. The Minister’s idea is that many of those communities resisted Mayors but, as it was better for them, we can now say, “Gosh, don’t they see our extraordinary wisdom and they wouldn’t change it.” If that is his preference for devolution—they will like it when they understand it—we are getting off on the wrong foot.
Neil O'Brien
In the communities that resisted it, the leaders of local authorities had lots of questions about it, because they were bringing into existence a new directly elected body across the city. That is no small thing. It was creating somebody who would be in the same space as them. Of course they had all kinds of questions about it. Does the hon. Gentleman seriously think it would now be better for them to get rid of those directly elected Mayors for those large cities? Does he really believe it would be better without them?
Alex Norris
I have literally just said that I doubt that that would be the case, but it is for those communities to decide, not me, and I have no intention of doing so. This is about devolution and localism, which will have to take a local flavour and function. The Minister started by saying that the leaders of the communities had resisted, and now that they had questions. I would hope they would have questions. I am saying that there is no value in ramming these things through, or the idea that people later will really see the benefit. That is how we get progress but people do not feel better—because things are done to them. In many ways, that explains why community power is absent in the Bill.
On the place A to B tramline, there will always be a challenge with these things. The Minister talks about having to go back to constituents who want to hold us accountable for a decision we did not make, may have voted against or did not argue for. That is what Parliament is. I have been here five years and have barely ever won a vote. I have to go back to my constituents frequently and say, “Yes, I understand it is terrible that we have skyrocketing inflation, you do not have access to decent housing and the rise in violent crime is awful. I voted against things that caused that to be the case, but the majority voted for it.”
The idea that the existence of an individual suddenly creates that unanimity or direct ability to change is challenging, not least because voters’ decisions are multifactoral. There is an argument for a presidency in this place, which I certainly do not share, but we might wonder why we need so many Ministers if we could just consolidate them in one individual. I cannot agree with that. I have made my point and I will press the amendment to a Division, because there is a substantial difference between the two Benches.
The Minister started by saying that he prefers the mayoral model. That is absolutely fine. Every community that prefers that model should have access to one—I completely support that—but I do not think that every community that does not prefer that model should have to have it.
Neil O'Brien
I want to clarify that spatial development strategies are available to MCAs, and several are already doing them.
Alex Norris
We will have many days to consider that in great detail and at great length to establish those facts.
Question put, That the amendment be made.
Tim Farron
I think this is a sensible amendment. If we are to have Mayors, I am not against their appointing deputies. That sounds a perfectly sensible thing to do. In the previous debate, the Minister made an interesting and well-presented point about why a mayor is better than an unelected committee—a committee of directly elected councillors, serving smaller areas, who are more likely to be in touch with those areas. Will the Minister contrast and compare his concern for there being a committee making decisions—all of them directly elected—and executive functions being given to a deputy mayor who has been appointed by somebody else? I see a clear equivalence, and a reminder that it is entirely democratic and appropriate for decisions to be taken in a more collegiate way, and not just by one person being elected and then appointing other people to serve executive functions under that person.
Neil O'Brien
The amendment has no effect on its own. As set out in clause 26, the role of deputy Mayor of a CCA is created by that provision. It is therefore already statutory. The clause mirrors the provisions for county combined authorities, creating consistency across the two models. The role of deputy mayor is critical in supporting the effective delivery of the Mayor’s responsibilities and a deputy Mayor would act instead of the Mayor if that person is unable to act or the office of the Mayor becomes vacant. There is no need to add the word “statutory” to what is already a statutory role. Therefore I hope that the hon. Member for Nottingham North agrees to withdraw the amendment, although he may want to talk more about the point when we discuss amendment 34.
Alex Norris
I agree with the hon. Member for Westmorland and Lonsdale that there is certainly an irony and a contrast between the two debates. Nevertheless, I think it is implied—frankly, it says it on the tin—that once we go for the mayoral model, that is what we choose with it. Again, if that is what a community wants, that is the right thing to do.
I will address the Minister’s points. To be fair, if it is in the statute book, it is probably statutory; I would be willing to concede that point. However, I have had the opportunity to make that clear. Nevertheless, the assurances from the Minister were plenty. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Neil O'Brien
Clause 26 requires the Mayor of a combined county authority to appoint a deputy Mayor from among the constituent members of the CCA. The deputy Mayor would act in the stead of the Mayor should the Mayor be unable to act or should the office of the Mayor become vacant.
We consider the amendment unnecessary and inappropriate. It is unnecessary because, as we will see shortly, clause 27 enables the Mayor to delegate general mayoral functions to members of the CCA. Members of the CCA can be given subject portfolios—the responsibility for a particular area, such as transport—and would be held to account for it. Such members may have a title—for example, cabinet member for transport or skills portfolio holder—that reflects the terminology and practice in local government.
As the Mayor is required to appoint a deputy Mayor and is able to delegate functions to other members, there is no need for an additional role within a CCA or for any member of a CCA other than the statutory deputy Mayor to be titled deputy Mayor. The risk is that the amendment might result in all CCA members having the position of deputy, which could be confusing and could be a problem if it is necessary to be clear about who the deputy Mayor is so that they can stand in if the Mayor is incapacitated. We think the amendment is not necessary or appropriate.
Alex Norris
I am grateful to the Minister for giving way as he was about to conclude. Just to be clear, the Government’s intention is that deputy Mayors will be members of the county combined authority, and there will not be provision for a Mayor to appoint and give responsibilities to a deputy who is a private citizen.
Neil O'Brien
We discussed in previous sittings the role of the non-constituent and associate members of the authority, which is the way of getting in expertise from outside. Perhaps a transport specialist could come in through that route, but we need someone who is clearly the deputy in case the Mayor is suddenly not available any more. As part of collegiate working, which we have described previously, it is already very common for portfolio roles to be given to members of the combined authority.
Alex Norris
I am really grateful for that discussion. As my hon. Friend the Member for York Central said—this relates to amendment 35 in my name—we should seek to use these roles as a way of broadening the pool of those who have access to power for very good reasons relating to representation. We will probe that when we debate amendment 35. I am grateful to the Minister for his answer. There are bits of it that I still do not understand, which I will cover when we discuss the next amendment, but hopefully he will help me. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Rachael Maskell
I want to build on the points that have been made. One of the things we need to remember about deputy Mayors is that, unlike previous roles we have discussed, they are appointed, rather than elected. As we know, with appointments, there is always the risk of unconscious bias creeping in. Having transparency and accountability is therefore really important when looking at issues of diversity.
If we are creating a new tier of governance across the country, we do not want to repeat the old mistakes we have seen in this place or in local government, where the figures are quite shocking. We do not want it to be the end of this century before we see equality between men and women in local government. We have a lot of work to do to ensure that across our political systems and systems of governance, we are seeing and driving equality around all protected characteristics. I fear that if we are not putting these basic and rudimentary measures in legislation at this point, we risk at this stage of transformation slipping back into bad old ways. I would not want to see that. We are a country that embraces diversity and we should do that within our governance structures as well.
Neil O'Brien
Clause 26 requires the Mayor of a combined county authority to appoint a deputy Mayor from the constituent members, so the Mayor of a CCA could not make—to answer the question directly—a non-constituent or associate member a deputy Mayor. Constituent members will be nominated by the constituent councils and are usually the council leaders, who have been elected at local authority level. It is only right that the membership of the CCA is decided locally by those who best know their areas. CCAs and their constituent members will be independent of central government.
Amendment 35 requires the Secretary of State to report annually regarding certain demographic information about the persons appointed to be deputy Mayors of a CCA. We think that the amendment is not appropriate or necessary. CCAs, their Mayors and their constituent members will be independent of central Government. The Government do not believe they should require CCAs to inform them of the specific make-up of their deputy Mayors.
The Mayor, with their democratic mandate, will appoint one of the constituent members as a deputy Mayor. As a public and statutory position, it will be totally transparent who has been appointed as the deputy. I therefore urge the hon. Gentleman to withdraw his amendment.
Alex Norris
I share the concern of the hon. Member for Westmorland and Lonsdale about this being a bit of a march of the blokes. That is a fear with individual elections, and it is what tends to happen. He made some very strong arguments about that.
My hon. Friend the Member for York Central is right in saying that appointments can go either way: they are either an opportunity to rectify gaps or they can end up, through unconscious biases, continuing to widen those gaps. I think the Minister’s answer has clarified the point and rendered my amendment moot. From what I understood, the deputies are going to be constituent members of the authority; that is a significant distinction from what happens in London and with the Mayor of London. In many ways, combined authorities and combined county authorities do have significant distinctions from the set-up in London, so that is not an inconsistency, but it is important to understand. My fear is that there will now be a march of the tsars. The Mayors are going to end up with lots of different tsars as a way of trying to get that extra talent in, as advisers and as additionality. I wonder about that.
Rachael Maskell
I beg to move amendment 51, in clause 27, page 21, line 28, at end insert—
“(1A) Where the Secretary of State makes provision under subsection (1), they must also publish a report setting out the impact this change will have on the delivery of levelling up missions.”
This amendment would require the Secretary of State to produce a report on the impact of changing the powers available to a mayor on the delivery of levelling up missions.
This amendment highlights the possibility of the Secretary of State’s regulating not only function, but who should undertake that function. Accountability is important, and I would argue that having clear lines of accountability is essential. However, clause 27 feels very much like the tail wagging the dog: the Secretary of State is micromanaging the Mayor, as opposed to letting the Mayor determine who would be best placed to undertake such functions. What functions they are is not clear in the Bill, and subsection (1) maintains the mystery, but I am sure the Minister will say how they will be determined in the devolution deal. However, who executes them should be at the discretion of the Mayor, as there will clearly be a diversity of knowledge and skill at the mayoral office level, and indeed in the wider team. I can understand the Secretary of State’s wanting the Mayor to be accountable for such functions, but to say that only the Mayor can carry them out is operational meddling from the centre.
When writing the amendment, and ahead of the sitting on Tuesday last week, I had understood that levelling up was to be a sustained agenda for tackling the grotesque injustice of inequality by identifying disparity and then using a range of solutions—through economics, transport, housing, spatial planning and so on—to bring justice to an area. I have to say that the Government’s explanation of clause 1 has now left me in doubt. I compare it more to the 1997 New Labour pledge card, with 12 missions rather than five and a tick box to deliver the Tory manifesto commitments that sneakily go beyond these and into an eight-year programme, but there is little to look beyond.
Aligning the purpose of tiers of Government is important if the country is to head in one direction. If everyone rows in one direction, we are more likely to get there, which is why it is important that there should be alignment nationally at CCA level and locally in addressing the ambition to rid this country of inequality—not least as we are the second most inequitable country after the US according to academics, including Pickett and Wilkinson. As we discussed on Tuesday, having levelling-up missions in central Government—including the sustainable development goals at a global level—and then differentiating priorities at a local or mayoral level means that we move forward more slowly than we would if we marched in step. Therefore, ensuring the delivery of missions nationally, and by Metro Mayors and their teams, gives us an opportunity to progress.
My hon. Friend the Member for Nottingham North is a lot closer to this subject than I am, but as he is working on Labour’s ambition for Government, which could come as soon as the autumn, I trust that we will want alignment of function with our national ambition to address the inequalities that our society presents. I am sure we will want a sustained framework that sets a path of ambition for 50 years rather than just eight, and that we will seek to account for the threads that run between the national and the local. I am sure that Labour would not want to place such control on politicians at the devolved level, and would trust them to deliver their work in the most appropriate way to achieve the outcomes that we long to see. The amendment seeks to achieve that by bringing alignment with those levelling-up missions and accountability behind them. That is why I would like the Government to accept it.
Neil O'Brien
We believe the amendment is unnecessary. The Secretary of State may confer functions on the Mayor of a combined county authority only if they consider that to do so meets the statutory test of
“improving the economic, social or environmental well-being”
of some or all of those who live and work in the area. As our 12 missions show,
“improving the economic, social or environmental well-being”
is at the heart of delivering levelling up. The process for conferring mayoral powers, including the statutory test, is already set out in clauses 42 and 43, for the establishment of a new mayoral CCA, and in clauses 44 and 45, for the conferral of functions on the Mayor of an existing mayoral CCA.
Regulations conferring functions on a Mayor will of course be considered by Parliament. The explanatory memorandum accompanying these regulations will explain why the powers are being conferred, the views of consultees and how the statutory test is met; Parliament will have ample opportunity to consider the impact of conferring any powers on the Mayor of a CCA and whether they will achieve levelling up.
In addition to the information provided by the explanatory memorandum accompanying the regulations being laid in Parliament, clause 2 requires annual reporting on the progress of the delivery of the levelling-up missions. That will include the achievement against our local leadership mission, which I mentioned earlier—namely that by 2030, every part of England that wants a devolution deal will have one, with powers at or approaching the highest level of devolution and a simplified local funding settlement.
Rachael Maskell
Coming to the nub of the issue, that ability to confer powers is certainly highlighted in clause 27(1). However, why does the Minister believe that the functions are exercisable only—I stress the word “only”—by the Mayor?
Neil O'Brien
Making some of the functions exercisable by the Mayor is at the heart of what we have been doing with devolution. If we are going to have the debate that we had earlier, I should say that the whole point of a Mayor is to have certain functions. If the hon. Lady is probing that, she is in a sense going back to the debate that we were having earlier today about why an area should have a Mayor.
The amendment is about a reporting requirement. As I have just set out, there are already substantial reporting requirements on why any powers are conferred on the Mayor. There is also reporting on progress on the devolution agenda, as part of clause 2 and the mission that we are pursuing, so there is already the kind of reporting that the amendment argues for. I hope that the hon. Lady will withdraw it.
Alex Norris
I very much agree with the thrust of the amendment; the case that my hon. Friend the Member for York Central made was very strong. It makes us think that these missions should be a central theme running through the programme of work. That programme may, at times, look different in different parts of the country, in terms of how it is exercised, but those fundamental goals, challenges and missions are a collective endeavour. That brings me back to my fear, certainly regarding the earlier parts of the Bill, that the Government feel they have to take all this on themselves. That is, first, an unnecessary level of burden and, secondly, not likely to succeed.
We accept that government is a very difficult business, and at times a fine series of balances. I would argue that this Government make things look particularly hard, but that might be an issue for a different day. However, for Ministers in this Department—one might except the Minister for Housing; there is, after all, a reason why they change every year—[Laughter.] I do not wish that for the Minister who is here today; I hold him in high regard and he can stay until the next election.
However, the rest of the Minister’s ministerial colleagues really could have a slightly lighter time if they just equipped, in terms of both money and power, local authorities to deliver on their goals and then let them get on with it. They would look brilliant; they would look like sensational, revolutionary change-bringers and they could have their feet up for the entire time. That does not seem like such a bad deal to me.
Instead, what we get is this over-centralisation and this lack of trust; it is all to be commanded and controlled from the centre. I am afraid that that just does not quite get things done. The amendment would actually push us into making a further step towards what we hope Ministers want, which is to get the responsibility, the power and the opportunities out to communities, under that shared framework of goals. That would be a positive thing, and there is an awful lot to recommend the amendment.
What the Minister said about the explanatory memorandum is welcome, but I say again—this is a theme throughout all our debates—that the Government have not been able to produce an impact assessment for the Bill, and we sit here, day after day, talking about it. We are led to believe that the Minister has a strong belief in the impact of Mayors, but he cannot evidence that in a conventional way. We have heard a commitment from the Minister. When the decisions are being made on regulations for setting up combined county authorities, I hope that we will have the right information to explain and understand the impact of the decisions that we make.
Tim Farron
This is a very worthwhile amendment, which helps us to explore how we can play into local communities’ hunger for power and control over their own destinies. There is a real sense in many communities—I will speak specifically for rural ones, but this applies right across the country—of people being fed up with things happening to them, seeing things going wrong in their communities and feeling a sense of powerlessness: “What can I do to affect this?”
I will share two experiences. On Saturday, I was in the heart of the lakes, around Hawkshead and Ambleside, talking to tourism businesses struggling to find staff. We have a huge workforce crisis in all of rural Britain, but particularly in the lakes and the dales. We were talking about the things that it would be great to do locally to provide local affordable housing, caps on the number of second homes and limits on the number of holiday lets. That would provide places for a working-age population that is not earning tons of money to be able to live and preserve those communities.
Yesterday morning, I was in the village of Burton, with a good news story: we were beginning some work on developing an affordable housing project in the village that will underpin the sustainability of that community. However, I was talking to the housing association about how difficult it is to replicate that around the area, given the weak planning rules that do not allow them to take advantage of what might be the possibility of building 100% affordable settlements around a community like mine.
Those are all issues that we could tackle if we had the power. I think that communities are hungry for power and the ability to make a difference for their own futures. If the Government are sharing any power with the Mayor, then I want every other authority to know about it so that they can clamour for it too. I am not particularly critical of there being a lack of symmetry in devolution and in the models by which it is delivered. That is not because I am a fan of things being a mess, but because I am a fan of communities making their own choices.
Communities should not be forced to accept a particular model to gain powers that will give them power over their communities and the way in which their economies are run. To reflect that hunger, we must feed it so that everybody knows what is possible and on the table, and they can think, “Well, all right, we’d like those powers too.”
Neil O'Brien
Opposition Members have argued that the process in which new powers are given to CCAs should be transparent and public, and it will be. The processes that lead to the conferring of powers on a Mayor of a CCA are transparent and public. The Mayor must consult the constituent councils of the CCA regarding any requests for additional powers and then report those views to the Secretary of State when submitting their request.
If the Secretary of State agrees to a Mayor’s request, the functions to be conferred will be set out in regulations and then debated here. They must then be approved before they can be made. In considering those regulations, Parliament will have an explanatory memorandum and various other reports explaining why various powers are being conferred. It will therefore already be a public and transparent process—nothing can be hidden—so we regard the amendment as unnecessary.
Alex Norris
I would argue that there is a difference between something not being hidden and its being shared. The points that colleagues have made were very good, and I would echo them. The point and thrust of the issue is to try to ensure that all areas know what is available to them and to give them the chance to reflect on and maybe ask for it themselves to improve their approaches to tackling all the challenges they face.
Of course, as the Bill says, the decisions will be made through a regulation and be taken by a Committee of Members in this place. However, I say gently to the Minister that I would not take that to be full publication. It will be published in a reasonable way—we have no doubt of that—but the idea that busy communities, county combined authorities or Mayors will instantly know that that has happened is not quite the same thing.
I hope that, at least, the Minister will reflect on the need for it to be understood what further powers that maybe even go beyond the White Paper might be available in future to county combined authorities. However, for the moment, I am happy to withdraw the amendment and not labour that point today. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 28 ordered to stand part of the Bill.
Clause 29
Joint exercise of general functions
Question proposed, That the clause stand part of the Bill.
Neil O’Brien
I am not sure that I understand the hon. Member’s detailed question. I will try to understand it. Let me speak to what the clause does, and if that does not make things clear he can come in. We have talked about the flexibility of the CCA model, enabling the Mayor and the CCA to operate effectively and take decisions for the benefit of those who live and work in the area. Clause 29 continues that flexibility. It enables regulations to be made so that a CCA Mayor can jointly exercise any mayoral general function, such as on transport, with a neighbouring local authority if both parties agree. Such regulations may set out the detailed operational arrangements, such as membership, chairing, voting powers and political balance requirements for a joint committee. I hope that hon. Members will agree that enabling the Mayor of a combined authority to work collaboratively with neighbouring local authorities—something various Members have argued for in previous sittings—would be a positive measure, and I commend the clause to the Committee.
Question put and agreed to.
Clause 29 accordingly ordered to stand part of the Bill.
Clause 30
Functions of mayors: policing
Question proposed, That the clause stand part of the Bill.
Alex Norris
Clause 30 allows for the conferring of police and crime commissioner functions on the Mayor of a combined county authority. I think it is important that something as significant as this does not go through without debate. Again, this is the core aspect of tier 3 powers, which makes the case for a mayor in those cases. Again, we understand the need for the measure to be in the Bill, but we want to hear from the Minister how he thinks this will work in practice.
This is not without precedent. These clauses mirror combined authorities, and those combined authorities in Greater Manchester and West Yorkshire have a Mayor with police powers, and of course the same is true in London. It can be done, and it can be done safely. I am less sure about whether there is widespread desire for it. As I say, if it were the determining factor in tier 3 between taking on a Mayor or not, there may be quite a range of decisions taken.
We heard in both oral and written evidence—I genuinely thought it was admirable—about the culture of collaboration and joint working across the West Midlands Combined Authority. It is clear that it has been able to build consensus on virtually everything, except this point. That was quite revealing in and of itself. Again, it is those sorts of powers that local communities often talk about, such as economic levers, transport levers, housing levers and issues relating to net zero, rather than policing. Again, where communities want this, we are happy for it to be an option where desired. The reality is that it is complicated because of the unavoidable point of footprints for police forces, which do not elegantly overlay with even natural geographies, but definitely not geographies of combined authorities. I cannot imagine a situation where they are likely to converge without a lot of pain and disruption.
There will be some places—the West Midlands ironically being quite a good example—where the footprint probably matches up quite nicely, and clearly that is the case in Greater Manchester too. I want clarity from the Minister. Is his intention to use these powers where there is strong demand and where the geographies are suitable? As I say, I think that is likely to prove challenging. What is the Minister minded to do in situations where there is enthusiasm to take these powers on but the natural communities do not work, or maybe there is a police force that covers a small part of a county combined authority? How would that work in practice?
Neil O'Brien
Clause 30 enables the Mayor of a combined county authority to have the functions of the police and crime commissioner conferred on them if that Mayor requests it. The Mayors of the Greater Manchester and West Yorkshire combined authorities already exercise PCC functions in their areas. Committee members will remember the evidence session we held with Tracy Brabin, Mayor of West Yorkshire, in which she talked about the advantages of having those powers aligned with the other powers she was using—for example, using her powers over transport and her PCC powers concurrently to improve women’s safety.
Clause 30 and the linked schedule 3 offer that same option for CCA Mayors if the local authority and policing boundaries align, and if they feel that taking on those functions will help them deliver more effective policing for their area, where that is agreed between the area and Government. The clause and schedule mirror the combined authority provisions for the conferral of PCC functions to ensure that if a CCA Mayor takes on those functions, the process of conferral and the way they are exercised on a day-to-day basis is consistent with those too. As with all regulations on CCAs, these regulations will be subject to parliamentary approval. I commend the clause to the Committee.
Question put and agreed to.
Clause 30 accordingly ordered to stand part of the Bill.
Schedule 3
Mayors for combined county authority Areas: PCC functions
Alex Norris
I beg to move amendment 37, in schedule 3, page 206, line 34, leave out paragraphs (b) and (c).
This amendment would prevent the Secretary of State from conferring only partial Police and Crime Commissioner functions on the mayor.
The fun is always in the schedules, is it not? I like to get into the detail and understand some of the reasons why certain approaches have been chosen. Schedule 3 introduces the arrangements that allow for Mayors of combined county authorities to take on police and crime commissioner functions in the way that the Minister has set out. As I said, this is a complex matter, particularly due to geography. I do not think the Minister quite addressed the complexity issue. Again, I would be interested in his thoughts about how that is likely to work in practice, certainly for footprints that clearly do not match up with police force footprints. That argument has been made already, so I will not repeat it.
The thrust of amendment 37 is to not make the devolution of those functions any more complicated than it already is. Paragraph 2(1) of schedule 3 allows the Secretary of State to
“by regulations provide that the mayor may exercise in the CCA area—
(a) all PCC functions,”
—that is all the functions, as the Minister has described. As I say, that has been done elsewhere, and it seems to be beyond debate. However, I want to probe sub-paragraphs (1)(b) and (1)(c), which provide for
“all PCC functions other than those specified or described in the regulations, or…only those PCC functions specified or described in the regulations”
to be devolved. Basically, the Secretary of State can by regulation devolve partial police and crime commissioner powers. First, that is unduly fiddly, and it might create an unwise divergence between Mayors. Either an individual has police and crime commissioner functions devolved to them, or they do not.
Alex Norris
As my hon. Friend says, the taking on of the PCC seems to be that sort of totemic tipping moment, making this question all the more compelling. I am interested in a case in which sub-paragraph (1)(b) and (c) were used, in which only some police and crime functions were devolved. Does that mean that the pre-existing police and crime commissioner would continue to exist alongside the Mayor? Are we creating some confusion, if we have a PCC and a Mayor with some police and crime responsibilities? I am not sure that is desirable. Again, that might create variance between Mayors. I am not minded to support the provision, but I might be persuaded if we were clear what sort of circumstances it would apply to and what powers we might not want to give, and if we had clarity on the point about other PCCs.
Neil O'Brien
The schedule provides detail setting out the areas where the Secretary of State either may or has to make regulations to enable a transfer of PCC functions to a CCA Mayor, and provides the framework and arrangements for them to exercise those functions day to day. It is important that CCA Mayors can exercise PCC functions if the authority and policing boundaries align, and if they feel that taking on the functions will help them deliver more effective policing for the area.
Alex Norris
I apologise, but it is helpful that the Minister used the “boundaries align” phrase. Is that a complete alignment of boundaries?
Neil O'Brien
Yes, I think it is, implicitly. The levelling-up White Paper talks about how, if the boundaries did not quite align and there was a strong desire locally for that, we would look at the geographies over time and whether it was worth changing them in order to make them fit. I stress that that is probably a long-term function. Broadly speaking, this is keeping the mayoral combined authority and CCA models aligned, because the power already exists, although it is not being used in the MCA legislation.
Over time, the PCC role has expanded and evolved, and it continues to do so, and the Bill would allow the Home Office at a future date not to devolve all PCC functions, if that were not appropriate in future. At this point, I cannot specify in exactly what circumstances that might arise—it might be to do with edge cases where there is desire to do some policing-adjacent things through transport, of the kind that Tracy talked about—but so far those powers have not been used. At the moment, I do not think that there is an intention to use them. I am aware of no examples of active discussion of any such thing.
As I say, however, the PCC role is evolving over time, as is that of the different combined authorities. We are just holding open that possibility for the future. Were we to explore that future, the possibility of the processes that we have talked about so far in this sitting—things going through Parliament with explanatory memorandums and so on—would all apply. At the moment, this is just holding things open for a potential future, in case there is a desire to do things in this kind of space.
Alex Norris
The Minister knows that I do not give an awful lot of shrift to the argument that we need to do such things because that is how they are in combined authorities. The Minister has chosen to establish a separate class. If we merely had to adopt the same arrangements as combined authorities, basically we should have moved the 60 amendments and simply agreed them. The Minister has chosen to legislate differently, and therefore I believe that the amendment needs to be treated on its own merits.
Similarly, I do not give an awful lot of shrift to the idea of leaving the door open for things that have not been used before in mirroring powers, so that they might be used later for an unspecified purpose. That is not a strong reason to keep something in statute, so I will press the amendment to a vote.
Question put, That the amendment be made.
Alex Norris
I beg to move amendment 38, in schedule 3, page 207, line 23, leave out paragraph (a)
This amendment would allow the person who is appointed deputy mayor under section 26 to be appointed as deputy mayor for policing and crime.
This is the dangerous bit. I am going to torture the cricket analogy one last time, even though it really does not stand up to it: we are just seeing out the final over before lunch, so I will try not to nick one here if possible.
Paragraph 3(1)(a) of schedule 3 states that the Secretary of State may
“appoint a deputy mayor in respect of PCC functions”
but that that person cannot be what I have called in previous debates “the statutory Mayor”. More than anything, I am keen to know why that measure, which amendment 38 would delete, was included. It may be that the statutory deputy could hold a role outside their normal duties that would mean they were not eligible to take police and crime functions, and could not stand for police and crime commissioner—just as a Member of Parliament cannot be a police and crime commissioner—but I am not clear what that role would be. Short of an unavoidable hurdle, I wonder why we are reducing the options rather than letting the Mayor choose which of their eligible candidates would be best for the role.
Neil O'Brien
The single-word answer to the hon. Gentleman’s question is: workload. Clause 30 enables the Mayor of a combined county authority to have the functions of a police and crime commissioner conferred on them, subject to their consent. It includes provisions on the employment of a deputy Mayor for crime and policing, and the rules that govern who is eligible.
The role of the statutory deputy Mayor of the CCA is, as we have discussed, to step in should the Mayor become unable to act or if the office of Mayor is vacant. As we said earlier, the deputy Mayor, as any other member of the combined county authority, may assist the Mayor or be delegated a portfolio to lead for the CCA—that could be transport or all manner of different things. The deputy Mayor is also likely to be a leader or another senior member of the constituent council, so is likely to have plenty on their plate. The role of the deputy Mayor for crime and policing is to dedicate constant focus and attention to the vital areas of crime and policing.
Those are both clearly significant roles, and it is difficult to see how both could be delivered by one person without insufficient attention on policing or the responsibilities of deputy Mayor suffering.
Alex Norris
Is the intention for the role to go to a private citizen, not a constituent member of the authority?
Neil O'Brien
The CCA member also holds an elected position for a specific portion of the CCA area, so they are a constituent member. The Mayor’s PCC power covers the entirety of the police force in the CCA area. That could cause confusion about the democratic mandate that the CCA member has—when compared with the requirement of the deputy Mayor for crime and policing—to support the Mayor, who has been elected to represent constituents from across the whole police force area.
Let me encapsulate it. Why do we have to have a deputy Mayor for crime and policing? Because PCC is a full-time job, and in most of the country outside the MCAs, it is a stand-alone job. There are many advantages to bringing those two things together, as the Mayor of West Yorkshire told us, but it works best when there is a high degree of delegation to a deputy Mayor for crime and policing who can drive forward all that work so that the Mayor can provide strategic join-up between that and other functions. We would still have someone whose full-time job is to do all those things. If we tried to combine the two roles, however, it would be just too much workload for one person.
Alex Norris
The point about workload is well made. I understand now that the portfolio of deputy mayorships will be held by constituent members of the authority, but I am still now sure—maybe that is my fault—whether the deputy Mayor for crime and policing is a constituent member before their appointment by the Secretary of State.
Levelling-up and Regeneration Bill (Tenth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 5th July 2022
(2 years, 5 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 5 July 2022 - (5 Jul 2022)
The Committee divided: - Ayes: 5 / Noes: 9 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Alex Norris
It is a pleasure to resume proceedings with you in the Chair, Sir Mark.
These seven clauses deal with a significant change in policy, because they enable the fire and rescue functions and the footprint of the county combined authority to be transferred to the Mayor. I think that significant change deserves debate and recognition. Many of the arguments about clause 30 and the similar delegation of police and crime functions read across to fire and rescue functions, so I do not intend to duplicate them.
I am not sure that I have detected a huge demand for the transfer, nor a sense that fire authorities are not doing what they are supposed to be doing. If there is local enthusiasm to take on those functions and consensus can be built on that, it is for those communities to argue for that rather than me. I would be interested to learn from the Minister what the business case for such a change looks like. Part of the problem of the lack of an impact assessment is that we do not know the impact of the proposed change, nor the upsides that we can expect from it. What is the take-up?
My questions to the Minister are similar to those that I asked about clause 30, and I hope that I will receive similar answers. I take it that this is about local choice and that any change can only be made where there is local consensus. May I take it that the same proviso about geography applies in this case as did under clause 30? Generally, will the arrangement operate according to coterminosity, and work elegantly, rather than trying to make something fiddly work which is not likely to succeed?
Clause 31(2) refers to the involvement of the chief constable of the police. In recent years, it has been a Government policy decision to blur the distinction between fire and rescue and the police. I am keen to hear the Minister’s answer about that involvement. What safeguards will be in place to handle those two organisations, which have separate functions, so that there is at least some sort of distinction between them, certainly in the finances but also, in some senses, on the policy? A case needs to be made for any such involvement because I do not think it is automatically a good idea.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O'Brien)
Clause 31 enables the Secretary of State to make regulations to allow the Mayor of a combined county authority to whom police and crime commissioner and fire and rescue functions have been conferred to delegate fire and rescue functions to the chief constable of the police force for the area. It further allows the chief constable to delegate those functions to both police and fire and rescue personnel, and through it enact what is known as the single employer model.
Those provisions are designed to provide the option for Mayors of CCAs to exercise fire and rescue service functions under the single employer model where they also exercise PCC functions, if they feel that allowing the chief constable to run both operational services will help them to have a stronger role in public safety and to deliver more effective emergency services for their local area. That is the rationale that the hon. Member for Nottingham North is seeking.
It is an equivalent provision to section 107EA of the Local Democracy, Economic Development and Construction Act 2009, which made that option available to Mayors of combined authorities when Parliament approved its addition via the Policing and Crime Act 2017. The change is basically about enabling the benefits of blue light integration between the two services.
Question put and agreed to.
Clause 31 accordingly ordered to stand part of the Bill.
Clauses 32 to 37 ordered to stand part of the Bill.
Clause 38
Mayors for CCA areas: financial matters
Rachael Maskell (York Central) (Lab/Co-op)
I beg to move amendment 52, in clause 38, page 33, line 32, at end insert—
“(c) for and about alternative funding streams (including grants from the Secretary of State) for fire and rescue services if constraints on revenue-raising mean that there is a threat that fire and rescue safety standards may not be maintained in the area.”
This amendment enables the Secretary of State, in circumstances where mayoral revenue raising powers are insufficient for the provision of a safe Fire and Rescue service, to make alternative provision to fund the services, including a grant from the Secretary of State.
I think it is right to declare a number of things. First, North Yorkshire is in deep discussions about a devolution deal. We want to see that progress successfully, but at the same time we face a real challenge with our fire and rescue service. I want to talk about the reality of what we are debating, to ensure that we place it with the right safeguards, which are absolutely essential.
North Yorkshire was one of the first authorities in which the fire and rescue service combined with the police and crime commissioner function. At one point there were just four authorities in that position. Therefore, North Yorkshire has probably the best experience of how that combination works. I must say to the Minister that there have been some benefits from such a combination, such as cost savings, in particular arising from back office integration. That helps with public funding, which must be a positive because that is public money. However, when we look at the reality of what is happening now in the service, we have a very different story to tell.
My amendment is designed to keep the public safe and ensure that there is sufficiency in the service to retain sufficient fire appliances, to operate them safely and to have crew in the vicinity. This is about making sure that the funding flows work. Right now, I am expecting a meeting with the Home Secretary to discuss the matter. If the authority is devolved, I may be looking in a number of different directions to achieve the sufficient funding required to keep my community, and others, safe.
To highlight the challenges ahead of us, we are looking at the removal of night-time cover from Harrogate and Scarborough fire stations, as well as the removal of a second fire appliance. In my community, Huntington’s fire station may be pared back because of funding deficiencies. That means that response times will increase by seven minutes and 59 seconds—eight minutes of burning fire could cause a lot of damage. It is important to consider the issue in the context of today’s debate, because if it takes 16 minutes in total to reach a fire in my constituency, 31,000 residents will be impacted as a result of that change. That is quite significant.
Colleagues will be pleased to hear that I do not intend to go into all the ins and outs of the North Yorkshire Fire and Rescue Service, but the sufficiency of the service will be subject to constant challenge. We will be looking ever more at how we can share resources and integrate roles, but there comes a point when the very viability of the service is challenged, and the public is put at risk. That is the point we are at now. If we are to see this integrated into a devolution deal, the money will have to be ringfenced and the community safeguarded, or else we could see a disaster.
In North Yorkshire—this also applies to other Members’ constituencies—we have a mixture of urban and rural. The reality is that North Yorkshire is the biggest county by geographical area, which puts stress on the service. It is not all bad news. The Home Secretary came forward with a fix to this for eight authorities that had kept their reserves. They got additional flexibility around the precept and so were able to fully fund their services and have sufficiency and some headroom for protection. North Yorkshire had spent its reserves and so was not awarded that precept flexibility.
Because of the geographical nature of North Yorkshire, it is now just about the worst-funded fire authority in the country. If there is no flexibility from the Home Secretary and Government, the result is that my constituents’ lives will be put at risk. Their homes could burn. Across North Yorkshire it can get tinder dry at this time of year and we see fires breaking out. It could have a catastrophic impact and put firefighters at risk, as well as the environment and so much more. Who will be responsible for bailing out a service is a serious consideration. Because we will not have proper governance over the funding of the service, as it will be under the new authority, will we keep cutting and cutting, increasing the risk to the public and ultimately placing them in danger?
It is part of a devolution deal, whether the police and crime functions and fire and rescue come together in one role and how that will work out, but it is important to consider where that funding is going to come from. I am really concerned. That is why my amendment is so important. With the scale of the outstanding deficits, if we are going to pare back now, we will see increased energy costs, higher maintenance and issues around salaries, which have not yet been negotiated. The service needs new equipment, uniforms and insurance—the list goes on. That all has to come out of a zero balance. Therefore, being able to get the assurance that when there is devolution there will be sufficiency is going to be really important to ensuring that there are protections.
It could be argued that for a few years there will be greater cost savings. That could be the case, although I am not sure much more could be got out of the service. But the cuts in York, Scarborough and Harrogate will have a significant impact. In fact, only Cambridgeshire and Essex are now worse funded, and actually they have more reserves than North Yorkshire. That is the financial situation.
We need a resolve. The resolve comes in my amendment, which seeks to utilise the efficiency savings we can gain. That has clearly already been done—as has the back office shared facilities and the usual reserves. At that point, do we put the public at risk? Under a devolved authority, what we are talking about is the very homes we are trying to build being put at greater risk. That seems somewhat ironic within itself. Or do we provide that ring of protection around our fire and rescue essential service—emergency services, as we know it? Putting those constraints there is absolutely important.
My amendment would add one paragraph to the Bill. It highlights that if there are constraints around the funding, there will be means of revenue raising that will ensure that the safety standards are maintained in an area. That would essentially be either a grant or flexibility around the precept. That precept flexibility has already been exercised for eight authorities, so we know that is a mechanism that could be triggered. However, that was determined by Whitehall. If it is to be determined by a devolved authority, what would that look like, or will a Mayor have more opportunity in order to protect the community? I would like to understand how that would work functionally, and how we keep those communities safe.
Tim Farron
The hon. Lady makes an excellent point. We are the wettest bit of England. We need to be, because of the lakes—we have to keep them topped up. Nevertheless, Members will remember that in the past few months there were flash fires at Cartmel Fell, which raged for a full weekend and took many pumps to get under control. I am massively grateful to those who got those fires under control.
With that changing weather, we can go from very damp weather to very dry weather for long periods. In areas with lots of forestry and agriculture, there is the potential for flash fires, which can cause death and damage to wildlife, livestock, homes, businesses and families—human beings. We therefore need to be all the more aware of the fact that we cannot allow the technicalities of funding formulas to get in the way of keeping our people safe.
Neil O’Brien
I am extremely sympathetic to hon. Members campaigning on local services. I know that the Home Office has been engaging with the North Yorkshire fire and rescue service specifically on these issues. In 2022-23, the North Yorkshire fire and rescue authority will have core spending power of £33.5 million, which is an increase of £1.4 million or 4.5% compared with 2021-22. As of 31 March 2020, North Yorkshire held £4.9 million in resource reserves, equivalent to 60% of its 2020-21 core spending power. According to its draft 2020-21 accounts, total resource reserves increased by £8 million by 31 March 2021, an increase of £3.1 million or 62%. The issues that the hon. Member for York Central has raised, which are very important, are certainly being looked at.
Alex Norris
I promised the Committee a debate on alternative mayoral titles when we were talking about changing the names of county combined authorities, and I would never knowingly not keep a promise of such magnitude. I will be honest: I am not very excited by alternative mayoral titles, whatever the right hon. Member for Pudsey might say—not least because I have a lot of confidence in the collective wisdom of the British people. Being a proud Nottinghamian, I know that if someone were to become the Mayor of Nottingham and Nottinghamshire and then pursue an alternative title that was too grand to befit their status, they would face significant judgment from some very straight-talking people. In the end, it would not work out well for them. I have confidence that title inflation is not something that the British people are likely to look at fondly.
I do not want to detain the Committee for long, but I have three questions for the Minister. Frist, will he indulge us by letting us know what demand there is for alternative mayoral titles and what conversations he has had with communities that wish to have them? I understand that some demand might result from having different geographies and make-ups, and I am interested to hear about that.
Secondly, we had the first part of this debate when we discussed clause 15, which relates to county combined authorities changing their names. Clause 15(2)(c) has a requirement for the CCA to vote by a two-thirds supermajority for a change of name. Under clause 39(3)(c), the resolution to have an alternative mayoral title needs to pass with a simple majority. I did not have a lot of interest in the first proposed usage of the supermajority. A supermajority does have it uses, but only by exception. I am not sure that clause 15 makes a compelling case for one, but that has been disposed with. Why, however, has the Minister chosen to diverge in this way?
Finally, clause 39(2) provides a list of alternative titles, including county commissioner, county governor, elected leader and governor. Clause 39(2)(e) then introduces the possibility of having
“a title that the CCA considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the CCA.”
I read that as meaning “any other title”, essentially, but I am keen to hear from the Minister that that is what is meant.
Neil O'Brien
The hon. Gentleman is correct to read it as “any other title” that is locally wished for, having respect for the fact that there may be other people with such job titles in the area. He asked about where there is demand. A number of places that we are talking to about devolution deals are thinking about using non-mayoral titles, particularly in non-urban areas and where people feel that “Mayor” may not be the correct term for them. They may prefer leader, governor, commissioner or some of the titles that we have discussed.
I was hoping that the hon. Gentleman would ask why a supermajority is required to change the name of the institution but not the title of the directly elected leader. The difference is that many people will have made legal contracts with a CCA, so changing it is a fundamental and non-trivial thing to do, because it would require lots of other consequential changes. We talked in a previous sitting about the need for the stability of the institution. This is a more novel and more experimental area. I do not expect that we would see lots of constant changing and chopping of the name of the directly elected leader, but we think that that is an important part of devolution.
Rachael Maskell
I have a further question about this measure and how we could end up with such a variety of names in different devolved areas: a county commissioner in one place might be a county governor, a governor, a Mayor, or who knows what we might end up with under subsection (3)(e). That could be more confusing for the public. We have already talked about a range of powers and a range of tiers; we now have a range of names, in a whole spectrum of shifting powers and accountabilities. Does the Minister believe this measure to be a necessary step? Does he recognise that it could lead to more confusion than trying to address the very issues he probably intended it to address originally?
Neil O’Brien
I believe it to be a necessary step in the Bill. In previous sittings, I set out that our particularism, our respect of local circumstances and our bespoke nature are features, not bugs, of our devolution agenda. This clause is a further part of that, making the title of the directly elected leader reflect the desires of local people and the history of the local area, and to fit in with local circumstances. It is therefore of a piece with the nature of how we are conducting the devolution agenda.
Question put and agreed to.
Clause 39 accordingly ordered to stand part of the Bill.
Clause 40 ordered to stand part of the Bill.
Clause 41
Power to amend list of alternative titles
Question proposed, That the clause stand part of the Bill.
Alex Norris
Bearing in mind the Minister’s answer that clause 39(2)(e) in essence allows any title to be chosen, if that is the will of the county combined authority, what is the necessity of this clause? It allows the Secretary of State by regulation to change the list of those potential titles. There is an argument to say that there is not much point to having them on the face of the Bill, if a CCA can just choose what they want anyway—but perhaps it is shaping the conversation, in which case I understand that. Given the powers for county combined authorities to choose any name they wish, I find it hard to understand any value in reserving the ability to change the list by regulation. That seems very much after the fact. I am surprised and wonder why the Minister is so keen on the clause.
Neil O’Brien
It is entirely to shape the conversation, as the hon. Gentleman says. It is to give a list of suggestions that may be appropriate, while also allowing others to go for different things if they consider that appropriate locally.
Question put and agreed to.
Clause 41 accordingly ordered to stand part of the Bill.
Clause 42
Proposal for new CCA
Rachael Maskell
I beg to move amendment 53, in clause 42, page 38, line 14, at end insert—
“(c) prepare and publish a report setting out the results of the consultation.”
This amendment would require the authority or authorities submitting a proposal for a new Combined County Authority to make the results of the public consultation publicly available before submission.
Tim Farron
In looking forward to changes in the way in which local government will be organised in the future, we are bound to reflect on how things have been done in the past.
In Cumbria, we are working hard to ensure that the reorganisation to unitary authorities is a big success, and the early signs are positive. It is worth bearing in mind that there was a consultation, and that fewer than 1% of the public engaged with it. We can glean that the massive majority felt it was not necessary to reorganise local government in Cumbria. People in the southern part of Cumberland object to being lumped in with Westmorland and split from the rest of Cumberland, and people think we would be far better off with smaller units of local democracy. After all in Scotland, where it is an entirely unitary local government landscape, there are unitary authorities with as few as 17,000 people living in them. In England, there is no recognition of the similar rurality need for smaller authorities.
Many people also thought, “We are going through a pandemic, what a stupid time to be rearranging the deckchairs.” If there is a need for local government reorganisation they thought that surely now was not the time to do it. We are where we are, and we will make a success of it—we are determined to do. These are important amendments, because they remind us again that we need to scrutinise the motivation behind the Government’s proposals. Who are these proposals for? The Government are minded to reorganise local government to bring in new CCAs, Mayors and all the rest of it, but unless we are clear that the public want those changes and the Government are responding to that, it is yet more evidence that this approach to local government reorganisation is about fixing Whitehall’s desire for control and convenience, rather than about listening to local people anywhere in the country.
Neil O’Brien
We discussed in a previous sitting the new combined county authority model and the associated consultation requirements. At that time, I set out our commitment to ensuring that whenever a CCA is established, its boundaries change or, if it is being abolished, that the local public are consulted on the proposal.
Clauses 42 to 45 set out the requirements, including public consultation, associated with establishing, changing or dissolving a CCA. They include the preconditions for any regulations with those effects to be made. One such condition is for the area or CCA to undertake a public consultation on the proposal to establish, amend or dissolve a CCA. A summary of the consultation responses must be submitted to the Secretary of State alongside the proposal, and the decision to submit it must be taken at CCA or council meetings, which are held publicly. As such, that summary of consultation results will be publicly available.
Another condition is the specific duty on the Secretary of State to consider whether, prior to making regulations, further public consultation is needed. Indeed, the absence of a public response to an earlier consultation might give rise to further consultation—that addresses the point made by the hon. Member for Westmorland and Lonsdale. If the Secretary of State makes such regulations, they must publish an explanatory memorandum setting out the results of the public consultation. As a result, although we totally agree with the sentiment behind the amendments, they do not add anything to the requirements that are already provided for, and I hope that they will be withdrawn.
Rachael Maskell
I appreciate the contributions that have been made by hon. Members. The points about accountability were absolutely right. We have seen a reorganisation of local government in North Yorkshire, and the districts were not supportive of it and felt that it was very much imposed from the centre. Being able to see the rationale and the thinking is important, and that is what these simple amendments would allow. I am happy to withdraw the amendment for now, but I reserve the right to bring it back at a later stage. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 42 ordered to stand part of the Bill
Clause 43
Requirements in connection with establishment of CCA
Alex Norris
I beg to move amendment 40, in clause 43, page 39, line 23, at end insert—
“(5A) When the Secretary of State makes regulations under this section they must publish an accompanying statement stating—
(a) whether or not the CCA has access to the fullest conferred powers, and
(b) if not, the reasons why not.”
I will be brief, because this is a counterpart conversation to discussions that we have had before. The amendment would enhance the clause by putting in a requirement to report on whether a combined county authority has access to the fullest conferred powers, and if not, an explanation for why. That would help the Government to maintain their stance in the White Paper, in which they seemed to want to offer such measures by 2030. It would perhaps be a positive step if we did that a little quicker.
Neil O’Brien
The amendment is not appropriate for two main reasons. First, it uses the term “fullest conferred powers”, which is undefinable and incalculable. Our devolution framework does not provide a minimum offer, and our local leadership mission and desire to deepen devolution mean there is no upper limit to the conferral of powers, nor should we seek to impose one.
Rachael Maskell
On a point of order, Sir Mark. Could the Minister speak a bit slower? I do not know whether it is the acoustics in the room, but I am finding it quite difficult to hear what he is saying.
Neil O’Brien
Are some people finding this not thrilling? That is absolutely outrageous—we are getting to the really exciting bits. I will try to enunciate better. It is perfectly reasonable that the hon. Lady asks me to do so.
It will be appropriate for different CCAs to have different functions due to the different circumstances and priorities in their areas. We have had that same argument a number of times in Committee. Whatever functions are to be conferred will be done by regulations, which will be considered by Parliament and cannot be made without parliamentary approval. In considering the regulations, to rehearse some of the points already made, Parliament will have an explanatory memorandum and other explanatory documents explaining why the powers are conferred, the views of the consultees and how the conferral meets the statutory test of improving economic, social and environmental wellbeing.
I hope that given those explanations, the hon. Member will withdraw the amendment.
Alex Norris
I am grateful to the Minister for that answer. I got a little more than I bargained for. I admire the Minister’s characterisation of the Government’s devolution agenda as “incalculable”. I have some doubts about that. I argue that the Minister has set out quite defined and calculable strata in the White Paper, so I am slightly surprised that it would be impossible to know whether a combined county authority had the maximum powers. That is possibly a point of difference. We are in the strange position that our alignment with the White Paper is greater than the Government’s, but I am sure that point will come up again. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 43 ordered to stand part of the Bill.
Clauses 44 and 45 ordered to stand part of the Bill.
Clause 46
General power of CCA
Question proposed, That the clause stand part of the Bill.
Tim Farron
I wonder if I could crowbar something in? Within the combined county authorities there will be housing powers. There is reference of course to a lack of borrowing powers, and I want to push back on that. On both sides of the House, we often talk about the chronic need to build more affordable and social rented homes. Many councils retain ownership of council housing, and I was pleased that one of the upsides of the new authority in Westmorland and Furness is that, because Barrow never got rid of its council houses, our new authority will have a council housing department. That is really positive.
I know that there are fingers on the public sector borrowing requirement, and there are reasons why the Government are reluctant to give authorities’ council housing departments the ability to borrow in order to build the homes we need, but that is clearly wrong. If the Government want to empower local communities to build the houses we desperately need, they are going to have to give housing authorities the power to borrow to build them.
Neil O'Brien
In general, the hon. Gentleman’s question takes us a bit beyond the scope of the clause. However, the narrower part of it, which connects up with the good question put by the hon. Member for Nottingham North, gives me an opportunity to explain what the clause does and does not do.
The clause does not give a combined county authority unbridled power. It gives it the power necessary to do anything it considers appropriate for the purposes of carrying out any of its functions—its “functional purposes” in the law. That might include undertaking a feasibility study as a preliminary stage to an infrastructure project. The clause sets out boundaries and limitations for a combined county authority’s exercise of its powers.
These are therefore broad powers, but there is still a requirement in law that they are related to the carrying out of its actual functions.
Question put and agreed to.
Clause 46 accordingly ordered to stand part of the Bill.
Clause 47 ordered to stand part of the Bill.
Clause 48
Power to make provision supplemental to section 46
Alex Norris
I beg to move amendment 41, in clause 48, page 43, line 11, leave out paragraphs (b) and (c).
This amendment would prevent the Secretary of State from conferring different general powers on different CCAs.
Tim Farron
I add my support to Labour’s approach. I am not fixated on symmetry in terms of what devolution looks like across England, but like the hon. Member for York Central I am obsessed with symmetry of opportunity. The amendments would help to raise the bar and raise the expectations of all authorities so that they can see what powers they can aspire to.
If we do not have something like the amendments, and some communities, because they have a Mayor or for other reasons, are offered greater devolution—it is often more delegation than devolution—more powers and more responsibilities, that is not levelling up. It is quite the opposite: it is building privilege into some parts of the country over other parts of the country, and institutionalising privilege. Broadly speaking, it will be institutionalising privilege for urban and metropolitan areas that have city deals, Mayors and the highest levels of devolution and delegation of responsibility. Not allowing all parts of the country to opt in to having the greatest level of devolved powers, should they so choose, is a recipe for creating the need for a different kind of levelling up some time not very far in the future.
Neil O'Brien
This is indeed a continuation of the debate we have been having over several days now. We have stated our belief that one-size-fits-all arrangements of the type provided for by amendment 41 are antithetical to different areas having different functions and progressing at different speeds.
The effect of amendment 41 would be that, regardless of the functions conferred on different CCAs, unless the CCA has had conferred on it the broader general power of competence under clause 49, the conditions imposed on what can be done in pursuit of those functions will have to be the same. That would be an overly rigid approach, in practice requiring all CCAs to be at the same level before any conditions could be changed. That outcome, however unintentional, would not fit with our area-led and bespoke approach to devolution.
The general power of competence, introduced for local authorities by the Localism Act 2011, would allow a CCA to do anything an individual can do that is not prevented by law. For example, if a CCA does not have housing powers, the general power of competence would enable it to buy a house on the market, but it would not enable it to compulsorily purchase that house.
Amendment 42 would require the offer to all areas, implicit in this clause, to confer the general power of competence, if it is appropriate to their circumstance and if they want it, to be restated wherever it is so conferred. That requirement is unnecessary.
We have been clear that if a good case exists for any power to be conferred to any area as part of a devolution deal, we are open to proposals to do so that are in line with the devolution framework. Further, it could be unhelpful and inappropriate to be required to make an unconditional offer that might not be universally appropriate. To date, only three combined authorities have asked for this to be conferred, which we have done.
Both amendments seek to bind matters that should always be the subject of an individual agreement between the area and the Secretary of State, which Parliament will then have to approve. All variations will be public knowledge and the rationale for them will be subject to parliamentary debate informed by explanatory memorandums.
Rachael Maskell
I was very taken by the Minister’s comments about an area-led process. It does not feel like this is area-led; it feels Secretary of State-led—the Secretary of State will determine what the powers will be. Would the Minister consider an amendment that facilitated a more area-led approach at a later stage of the Bill? If there were a more à la carte opportunity and authorities were ready to take on greater powers and responsibilities, could they assume those powers, as opposed to having to renegotiate a deal, which could be quite a bureaucratic process? They could access what other authorities have accessed, in a timely way. Would that be a suitable amendment to the Bill that was palatable to the Government as we move forward?
Neil O'Brien
Without wishing to repeat all the arguments we have been making over the last several days, I would argue that this is the à la carte approach. We are resisting a one-size-fits-all approach in which, if a power is offered to one area, it must be offered to every single area, and in which people can move only at the speed of the slowest. For all the reasons I have already set out, we will continue to resist that approach.
Rachael Maskell
I do not think this is about a one-size-fits-all approach by any means. It is recognition that different authorities will be—
Rachael Maskell
Thank you, Sir Mark. I was building my case, but I appreciate your guidance. I simply seek a different mechanism by which authorities could take on greater responsibilities, because it seems it is either full negotiation or a denial of being able to pick to expand. I wonder whether there is a halfway house that could be palatable to the Minister.
Neil O'Brien
As Members will have noticed from us having done six or seven devolution deals to continue to deepen deals we have agreed, and from the fact that we are working on deepening the devolution deals for the West Midlands and Greater Manchester Combined Authorities, we are prepared to go further all the time. That brings me to the end of my remarks.
Neil O'Brien
I will have to write to the hon. Gentleman. Clauses 50 to 54 are basically technical provisions needed to make the CCA model work. Clause 50 grants the Secretary of State the power to make incidental, consequential, transitional or supplementary provision in support of regulations made under this chapter. I am happy to set out some examples for him in slow time.
Question put and agreed to.
Clause 50 accordingly ordered to stand part of the Bill.
Clause 51 ordered to stand part of the Bill.
Clause 52
Guidance
Alex Norris
I beg to move amendment 43, in clause 52, page 45, line 16, leave out “may” and insert—
“must, within 6 months of the day on which this Act is passed,”.
This amendment would require the Secretary of State to produce guidance on the establishment and operation of CCAs within 6 months of this Act receiving Royal Assent.
We are about to reach the end of chapter 1 of part 2, which relates to the formulation and mechanics of combined county authorities. Much of what will pass in the rest of part 2 is consequential and not much to debate, so this will be the last opportunity to make some points. I did not want to miss that opportunity, particularly on guidance.
The discussions we have had, and the mechanics of the organisations as laid out by the Minister, show that the CCAs are fiddly entities. There is much to be established, with Mayors, deputies, changing geographies, changing names, police functions, fire functions and much more. As detailed in the White Paper, at least 10 places are foreseen as potential partners for combined county authorities, so there is likely much to be understood in guidance.
I hope that my amendment is not necessary. It changes the provision allowing the Secretary of State to give guidance to one compelling them to give guidance. I hope that the Minister will tell us that the intention is to have guidance, because clearly there will be a need. I have suggested “within 6 months” of Royal Assent. That is not something to fall out over, but I am keen for a commitment that guidance will follow and to know when it might do so.
Neil O'Brien
The clause grants the Secretary of State the power to issue written guidance about anything that could be done under or by virtue of chapter 1 of the Bill by a combined county authority, combined authority, county council, district council or integrated transport authority. The relevant authority must have regard to any guidance given in exercising any function under this chapter.
The amendment, as we understand its intent, is misplaced. The reference to guidance in the clause relates to the requirement for an authority to have regard to the guidance in exercising a function conferred or imposed by virtue of chapter 1. I can undertake that areas wishing to establish a CCA will be made familiar with the processes required of them during their devolution deal negotiation. We will help them to do all those things. Officials will continue to work closely with area officials to ensure the successful implementation of deals and the establishment of CCAs.
The Secretary of State has no immediate plans to issue guidance. The ability to do so via this clause provides maximum flexibility should the issuing of such guidance ever be appropriate. I hope that reassures hon. Members.
Alex Norris
I am a little surprised that the intention is to provide guidance in a kind of ad hoc manner directly from officials to area officials. It would seem to me valuable for that to be a common and publicly shared thing, not least so that the public can understand it and get the sense that these processes are being done transparently, rather than in phone calls that they do not have access to. I am a bit surprised by that. I will not labour the point by pressing for a Division, but perhaps the Minister will reflect on it. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 52 ordered to stand part of the Bill.
Clause 53 ordered to stand part of the Bill.
Schedule 4 agreed to.
Clauses 54 to 70 ordered to stand part of the Bill.
Clause 71
Capital finance risk management
Question proposed, That the clause stand part of the Bill.
Neil O'Brien
The Government recognise the importance of prudential borrowing and local capital investment for economic growth, improved public services, and meeting local priorities such as housing delivery. That is why we need a robust system that supports the benefits of local decision making and allows for sensible investment, but also that safeguards taxpayers’ money and protects the local government finance system.
In recent years, a small minority of local authorities have taken excessive risks with taxpayers’ money: they have become too indebted, or have made investments that have proved too risky. To give some examples, local authorities have engaged in investment activities in markets they know nothing about, such as energy companies, and lost tens of millions of pounds of taxpayers’ money. Some have not had the governance structures in place that would enable them to make, or assure themselves of, investment and borrowing decisions. Some have borrowed up to £1 billion when they have only had a core spending power of just over £10 million, and others have not set aside funds to pay off their debt when it becomes due. The National Audit Office reported that 20.8% of local authorities’ property acquisitions in the period 2016-17 to 2018-19 were outside of their region. In summary, there have been a number of problematic activities, which clause 71 seeks to address. The Government have been consistent and clear in their messaging that they will take action to address such activities as needed.
The National Audit Office and Public Accounts Committee have reported on the risks to the financial system, and the need for urgent action to address them. The Government are making changes to the capital system to support good decision making and constrain risk, but they must also have the powers to directly address excessive risk where necessary and appropriate. The changes will provide a flexible range of interventions for the Government to investigate and remediate issues where capital practices have placed financial sustainability at risk.
To be clear, the Government have no intention of restricting the activities of local authorities that operate responsibly. We are clear that measures must be as targeted and proportionate as possible to protect local services and taxpayers, while letting the Government mandate remedial actions where needed.
However, as the examples I have given show, the need for action is pretty clear. The metrics and thresholds that will underpin the new powers will be set in regulations, as the hon. Member for Nottingham North said, and we will of course engage with sector experts and local authorities and consult widely as we develop those regulations to ensure they are fit for purpose. That is exactly our intention, as the hon. Gentleman suggested, and it is why I hope the Committee will support the clause.
Alex Norris
I am grateful to the Minister for his answer, and for the oblique references he included in it—there was a well left Easter egg, which I was able to find very easily. In return, I might say—equally obliquely—that if such local authorities had not been more than £60 million worse off in real terms over the past four years, some of those decisions might not have been made. I also say that such concerns have not stopped Ministers in the Department, or indeed the Minister himself, from seeking to bestow more powers and resources on those local authorities, so there must be some limit to the concern that the Minister would have in such cases, were they to occur. I would also suggest that significant mechanisms are already in place, as the Minister has hinted at and as I know very well myself.
However, the Minister has given a generous assurance, one that will be welcomed by the sector, which will be very keen to take part in that process. On that basis, we are happy to support the clause.
Question put and agreed to.
Clause 71 accordingly ordered to stand part of the Bill.
Clause 72
Long-term empty dwellings: England
Rachael Maskell
I rise to support amendments 61, 62 and 63 and speak to amendments 78 and 81. The rural economy has been eloquently described, but I want to talk about my city of York, which is a centre for visitors—we had 8 million pre-pandemic and I am sure we will climb back up to that number again.
The staycation economy has driven a new clientele into our city. In what we are calling an “extraction economy”, investors from London and the south-east are purchasing properties as second homes—whether for private or Airbnb use. Already we can see the inequality building. What is happening is not levelling up. Investors are extracting not only properties from people in my city but the money they get from the properties, which goes back to London and the south-east.
We are left all the poorer, and that means that many in my community are without any housing whatever. In fact, people have been going door to door offering cash to residents in social housing. They say that if the residents purchase their homes under right to buy, they will buy the house from them. I have heard stories of people paying up to £70,000 more for a property that is then used in the investment economy, rather than for people in our city.
The housing crisis could be controlled if the Government put curbs on such activity and ensured that properties were not only developed—we will come to that—but were available for people locally. I have the same challenge to the local economy that we have already heard about in this debate. The hospitality, retail and tourism industry is so strong in York that we do not have enough people to work in it—not least because the pay is low. The overpricing of properties is heating up the market and then pushing people out. |On top of that, there is the problem of the reduction in available stock.
The issue also impacts our public services. We cannot get the social care staff or recruit to our NHS because there is nowhere to live. Families and young couples trying to buy their first home save up for their mortgage, only for that opportunity to be snatched by someone sweeping in and buying up the property. They are having to save up more and more but never realise their aspiration of owning a home.
We are beyond a crisis point: this issue is impacting on the economy, pushing families away, gobbling up residential housing for purposes for which it was not developed in the first place, and destroying communities and the infrastructure. People can now walk down streets in York where four, five or six properties are either second homes or holiday lets, and that, of course, is breaking up the community.
The worst situations that I am hearing about are of families pushed out of the city by section 21 notices. They have to take their children out of school and go to live miles away. What is happening across our communities is really destructive, so we need to put the right deterrents in place. We may have to go further than even these amendments are calling for to try to fix the challenge.
I would argue that a council tax rise of 200% or 300% in the first instance is a modest measure. Wales is the first place to have introduced this kind of rise in council tax, but it still has not been sufficient to deter people from purchasing second homes in Wales. Often the purchasers are asset-rich people who saved a lot of money during the pandemic, so having to pay an additional £3,000 or £4,000 a year is something they build into their costings. Those who go into other sorts of property—for example, leasehold property—are already paying thousands of pounds a year in management costs for the right to live in the property, so actually these are small measures compared with the excesses and headroom that the purchasers of these properties are expecting. The measures will provide resources for local government, for which this is a win-win—both getting the money in and creating a sufficient deterrent. That is why we should give local authorities the powers to decide, should they have need, to impose the additional levy on second homes and ensure that it works for their community. Of course, we would argue that local authorities do not have to do that, but having the option available is important.
Amendment 78 is about how to better determine the duration of occupancy that applies, taking it down from one year to six months. The housing market is moving fast at the moment, so this option should be considered as a way to address the issue far faster, especially in properties that are not primary residences, and to benefit the community by deterring the purchase of second homes. Pacing it, making the increased council tax not mandatory but optional, is really important. Shortening the timescale is appropriate.
Clauses 72 and 73 provide definitions around empty properties. We know that there has been some latitude in how that has worked for businesses that have emptied their property to avoid business rates, but it also works for residential dwellings. It is important that we maximise the opportunity to bring the properties forward and implement the curbs and protections needed in the local area.
Amendment 81 would enable a billing authority to make its determination in six months, rather than a year, so that the authority could see the financial award in-year. That will be important to balancing finances while giving local authorities enough revenue to inspect the properties to determine whether they are occupied or unoccupied, which will enable them to ensure that they get the right levy on the properties to pay the additional council tax for which the amendments call.
Neil O'Brien
I am sympathetic to many of the points made by Opposition Members. The Bill tightens the tax treatment of empty second homes to free up those homes for use by the community. The question is one of balance, of course.
Broadly speaking, the amendments would make the premium paid on second or empty homes more punitive. I absolutely understand the issues that the amendments raise, but they risk unintended consequences for our communities. For both second and empty homes, the amendments would shorten the time before a premium could be applied, and increase or bring forward the maximum that the council could choose to impose. We all want homes to make a positive contribution to the community, but we need to get the balance right between dissuading behaviours that none of us want to see and accidentally catching legitimate uses of properties that benefit communities. The Government believe that homeowners should have sufficient time to take steps to bring an empty property back into use. There is no hard and fast rule for calculating that period, but our judgment is that 12 months gets that balance right. A reduction to six months, as proposed by the hon. Member for Nottingham North, would create a number of challenges where there are very good reasons for a property being empty for a reasonable period, such as substantial refurbishment or a delayed sale. Often, family life is complicated, hence our judgment that 12 months gets the balance right.
For the same reason, an empty property has different impacts on the local community, depending on why and for how long it has been out of use. The Government believe it is appropriate to allow councils to increase the council tax premium in stages that reflect the length of time a property has been left empty, rather than imposing it immediately at the six-month point. We understand and sympathise with the point that a high concentration of second homes can hollow out communities, but they can also benefit local economies and tourism, allowing people to work in and contribute to the local economy and return to a family home in another part of the country.
Neil O’Brien
I will give way in a moment, but I will make some progress first. We have already introduced a higher level of stamp duty for the purchase of second homes, and the Bill could double the council tax bill for those properties, providing additional council tax income for councils to invest in local services and communities. We are investing £11.5 billion in the affordable homes programme, delivering up to 180,000 affordable homes. The Bill includes provision for the Secretary of State to adjust the level of the second homes premium in the future, but we need to see the impact and assess the evidence before considering different arrangements in the council tax system.
Wales has been mentioned a couple of times. So far, only three authorities in Wales are using the 100% premium, and the 300% premium will start only next spring. The hon. Member for York Central said that it was not a sufficient deterrent to stop purchases. The truth is that we do not yet know that because it has not come into effect. We do not know how many authorities will use it and what its effects will be. She talked about these being small measures, but it is useful to talk about what it means in cash terms—pounds, shillings and pence. If, in a place like North Norfolk, we took a typical council tax band D property at roughly £2,000, going to a 300% second homes premium would mean a council tax bill each year of £8,120. In Scarborough, it would mean a bill of £8,386. In South Lakeland, it would be £8,242, and somewhere like Dorset it would mean an annual bill of £9,160. These are not trivial sums of money, and it is right for us to consider the impact of the initial measures of the 100% precept before we decide to go further.
Tim Farron
We are contemplating radical measures, and we are dealing with a catastrophe. We are doing our very best—surely we should be—to get the stable door shut before all the horses bolt, and if we ponder and contemplate our navels any longer, there will no horses—no community—left whatever. The problem will have solved itself by fulfilling the terrible prophesy of where I fear we are heading. If the Minister is taking this incremental, cautious approach, might he consider letting national parks be the pilots? I have asked both the Yorkshire Dales and the Lake District national parks. They are both up for it. They would bite his hand off if he offered them the opportunity through their constituent local authorities to double or triple council tax on second homes just within their own boundaries.
Neil O’Brien
My fellow Minister, my right hon. Friend the Member for Pudsey, is doing roundtables to explore the different possibilities on that point. I am sympathetic to what the hon. Gentleman says about the scale of the problem. We are seized of it, and there are multiple things we are looking at to tackle it. On the numbers I read out, if someone has a £9,000 council tax bill for a band D property—never mind an expensive fancy property—that is a non-trivial sum of money. That is quite a lot of money for a band D property.
Neil O’Brien
The hon. Gentleman says, “brilliant”, but the people who made a long-term commitment to those communities and who face a £9,000 tax bill would be unlikely to have the same reaction. However, as the hon. Gentleman says, they are one local stakeholder, and there are others as well.
However, as the hon. Gentleman says, they are one local stakeholder, and there are others as well. Our argument, which I think he understands, is that although we will have the powers in the Bill to go further and to do the 300%—we will not need to legislate again—it is sensible to look at the effects of things before making further adjustments. [Interruption.] I think he is keen to speak before I turn to amendment 63.
Tim Farron
I simply want to say that a large sum of money would act as a disincentive, and given the crisis that it would tackle, it is worth considering; it is worth looking at pilots to do this in the first place.
Neil O'Brien
I think the hon. Gentleman has in a sense answered his own question, in so far as there are indeed multiple policy tools that we can use to tackle something that we regard as a very serious issue. We are absolutely seized of the fact that, in particular parts of the country, there are hotspots that need action.
I think hon. Members have heard the argument that I have set out. On this issue, we will have the power to go further in the Bill—even further than we are already going, which is pretty far—but we would like to see the evidence and make our plans in the light of evidence, rather than simply jump to that now, given the large sums of money involved.
Turning to amendment 63—
Neil O'Brien
I will just get on to amendment 63 first. Second homes are furnished properties for domestic use by someone who has their main home elsewhere. Owners may occasionally let that property out, but second homes are primarily for personal use. I think I understand what the hon. Member for Nottingham North is trying to get at with these amendments—he is thinking, I think, of some of the changes to use classes, and things like that, which happened in Wales. Again, that is something that we are actively looking at. It is a serious thing to look at.
On this amendment, there is a blurring of two different things. The hon. Member is bringing in questions about how long a second home can be let out before it should be treated as a business. He will be aware that, at present, where an owner intends to let their property out for short periods, totalling at least 140 days in the coming year, it will generally be treated as a holiday let and liable for non-domestic rates. Properties liable for non-domestic rates would not be in the scope of the second homes council tax premium. I therefore think there was a blurring of those two different things.
Alternatively, the hon. Member may be seeking to increase the thresholds under which a property is treated as a holiday let. Following consultation, the Government have recently taken action to strengthen those thresholds. From April 2023, holiday lets must have been rented out for at least 70 days in the previous year, on top of being advertised for 140 days, to be liable for non-domestic rates. The amendment does not change that, so I am not sure that it has the effect the that the hon. Gentleman wishes.
Additionally, the recent consultation on a similar proposal in Wales demonstrated that there is a real risk that genuine self-catering businesses, making an important contribution to local economies, may not be able to meet the new higher thresholds. I am sure that is something none of us would wish to see.
Broadly, the new rules coming into force in April in England strike a balance between requiring proof of letting and marketing and protecting genuine businesses in a variety of different circumstances. There are, of course, a wide variety of circumstances. We are providing for holiday lets operating in a range of different circumstances, not just those in the most popular tourist destinations. Our rules also provide for new businesses—those just getting going—rural lets, and those with more restricted letting seasons, while protecting the system against possible abuse. We will of course keep those thresholds under review, but we should understand the impact of the forthcoming changes before we take any further action.
To summarise, we are sympathetic to many of the points that have been made and we are taking action in this Bill on many of those points. On some of the points, we will have the powers to go further, but before doing that we will want to look at the evidence. On other issues, although we are looking at the boundaries between the short-term let and the second home, we think there are probably different and better ways to get into those subjects than the amendments. We therefore hope that the amendment will be withdrawn, notwithstanding the fact that we are actively looking at many of those issues.
Rachael Maskell
I am sorry that the Minister did not take my interventions, because I had some points to make in response to his speech. First, on the assumption that the properties used as second homes are in band D, many are in band B, and therefore will be paying £1,440 in council tax. The sums he talks about could be about half, if not more.
Neil O'Brien
The hon. Lady should recognise that that is symmetrical—some of the properties will above band D; therefore the numbers will be much higher even than the £8,000 to £9,000 figures I have been quoting.
Rachael Maskell
I am talking about the impact that is having on my city of York. Many of those properties are in band B—they are smaller properties that people purchase because available properties are few and far between. Even if it was band D, we are only talking about £1,852.45 council tax. It will vary across the country, and that is why giving more powers to local authorities to make those choices is important. The financial deterrent in York will not be there with 100% council tax. As a result, those properties will continue to be purchased and the measures will have little impact. That is why it is important that the Minister has an understanding of the breadth of challenges faced in different communities.
I am looking forward to the Housing Minister coming to York for a roundtable to look at the Airbnb situation. We have specific issues and it is about the pace with which they are occurring, in a holiday destination. That is why the pilot should not just be in rural areas but in cities that are holiday destinations, because it is having a massive impact. There needs to be a bit more reality in the Government’s analysis.
The other point that I wanted to take up with the Minister in an intervention was the benefit to tourism. I would like to see the evidence of that, and to know the basis on which he made that statement. In York we now have an unregulated tourism market, versus a regulated tourism market of the traditional B&Bs and guesthouses that are losing trade at such a rate that they are going out of business. That is having a negative and incredibly destructive impact on our tourism industry. These measures will not provide sufficient deterrence against the impact on our city.
I appreciate that the Minister’s analysis may be in particular areas of the country, but it will not touch our city. That is why I urge him to carry out more research and to understand the different impacts on different communities in the country. We need to ensure that my local authority has the ability to put the right deterrent in place at the right level in order to deter this extraction economy that is, bit by bit, destroying the context and fabric of our city, our industries and people and families. For that reason, I urge the Minister to reconsider.
Levelling-up and Regeneration Bill (Twelfth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 12th July 2022
(2 years, 5 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 12 July 2022 - (12 Jul 2022)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Chair
Before we begin, I have some preliminary announcements. Please keep electronic devices on silent mode. No food or drink, except for the water provided, is permitted during Committee sittings. Hansard colleagues would be grateful if hon. Members emailed their speaking notes to hansardnotes@parliament.uk.
Clause 72
Long-term empty dwellings: England
Question proposed, That the clause stand part of the Bill.
The Minister of State, Department for Levelling Up, Housing and Communities (Mr Marcus Jones)
It is a pleasure to serve under your chairmanship, Mr Hollobone. I would like to pay tribute to my right hon. Friend the Member for Surrey Heath (Michael Gove) and our predecessors on the Committee, my right hon. Friend the Member for Pudsey (Stuart Andrew) and my hon. Friend the Member for Harborough (Neil O’Brien), all of whom did a huge job to bring the Bill to where it is today. Through their diligent work, we are debating a Bill which will help to level up across the country.
Committee Members will be familiar with the challenge in many areas, whereby homes are left empty while local families are struggling to find a home close to their jobs or families, due to the pressures on local housing supply. It cannot be right that there are families left without an affordable home when there are owners not doing their best to bring their properties back into productive use for the benefit of the community. The Government are taking action to encourage those empty properties back into use. The longer a property is empty, the more likely it is to deteriorate and attract antisocial behaviour such as vandalism or squatting, which can reduce the value of properties and drive away the local communities. That is why we have introduced powers for councils to charge extra council tax on homes left empty for more than two years.
In 2018, we introduced a stepped approach so that councils can increase the premium depending on the length of time the property has been empty. Councils now have the power to charge up to four times the amount of the standard council tax bill when a home has been empty for more than 10 years. Nearly every council already makes use of the empty homes premium. I welcome the creative ways in which some councils use these powers to stimulate better use of the housing stock in their areas—for example, by providing refurbishment grants to bring empty homes to the standard for renting out, or conversion grants to help pay for converting a large empty home into smaller units. Why should councils wait two years before they have the power to take action to bring empty homes back into use? Through the Bill, we will give councils the power to apply the 100% premium on properties left empty after one year, rather than the current two years.
Clause 72 makes a simple change to section 11B of the Local Government Finance Act 1992. It will change the definition of “long-term empty dwelling” from meaning a dwelling that has been unoccupied, and substantially unfurnished, for more than two years, to one that has been unoccupied, and substantially unfurnished, for at least 12 months. To ensure that the change is implemented rapidly, but also provides sufficient opportunity for homeowners who may be affected to take steps to avoid the charge, subsection (2) provides that the amended definition has effect for financial years beginning on or after 1 April 2024. The clause will strengthen the powers for local councils to take action to incentivise owners to bring empty properties back into use, address the impacts of empty homes and help to increase the supply of affordable housing where it is needed. I commend the clause to the Committee.
Alex Norris (Nottingham North) (Lab/Co-op)
It is a pleasure to serve with you in the Chair, Mr Hollobone, and to serve with new members of the Committee. Perhaps it should be of concern that your predecessor, the hon. Member for Wellingborough (Mr Bone), sat in the Chair for a number of our sessions, but the idea of just one more seemed less preferable than entering Government. That may be a sign of what is to come between now and the end of September. In all seriousness, we welcome the Ministers to their place and we look forward to working with them.
I thank the hon. Member for Harborough and the right hon. Member for Pudsey for their efforts and communications with the shadow ministerial team inside and outside Committee. They worked very collegiately, which we appreciated, and I think that has been reflected in the quality of the debate so far, and the good spirits. We are here to disagree on points of substance, but are able to do so in good humour, and I know that that will continue with the new Ministers. I also thank the Whip, the hon. Member for Derbyshire Dales (Miss Dines), for enabling us to work together. I am sad that the new Ministers have missed out on those weeks of debate, which were largely composed of speeches from me. I am happy to start again if they wish—or perhaps not; those who have heard them seem to be moving further and further away, so perhaps I should take that as my cue to move on.
I am glad that the Minister is choosing to address the clause stand part debate, because it is an important part of the legislative process. When law is put on to the statute book, Ministers ought to make a case for it, so we appreciate his contribution. Given today’s development, I hope that the Minister may be able to offer one more. The continued absence of an impact assessment needs to be addressed. According to the Minister’s own words, the Bill is an important piece of legislation that will help to level up the country. At the moment, we do not have much of a base to build that case on, so we would be keen to see the impact assessment. I hope that the Minister will respond to that point.
Clause 72 is important because we are currently in a severe housing crisis, with a lack of supply of affordable homes for young people and no opportunities for families to get on the property ladder. Coupled with that, long-term empty dwellings are sat idly by, serving no purpose. It is right that the Government want to act, and we support the clause. However, we feel that it is a missed opportunity and that even the Bill will not give local authorities sufficient tools to get a grip of the situation and protect their local communities. We should have gone further with a power to levy a greater empty homes premium and to close the loophole through which properties are pushed into the business rates category—or slid into it—to avoid council tax. The Government should revisit that issue. I know that the Minister will have a full inbox, so he does not need to look far for inspiration. The Welsh Government seem streets ahead of the UK Government with their current policies. It is not a matter on which to divide the Committee, but I hope that the Minister will revisit the issue at a later stage, because we certainly will.
Tim Farron (Westmorland and Lonsdale) (LD)
It is a great pleasure to serve under your oversight and chairmanship, Mr Hollobone, and I offer a huge welcome to the new Ministers. I also pay tribute to the right hon. Member for Pudsey and the hon. Member for Harborough. The debate in Committee has indeed been consensual, collegiate and courteous, and I am sure that is how it will continue. It is a privilege to be on the Opposition side of the room and to join in the important endeavour of scrutinising this important Bill.
When it comes to communities like mine, it is worth bearing in mind that long-term empty dwellings—properties that are not used at all—are a challenge. In my district of South Lakeland, we have something in the region of 900 to 1,000 of such properties at any given time. It is likely that there are between seven and 10 times as many properties not lived in, but classified as second homes. If the Government are committed to retrieving properties that are out of permanent usage, and which are effectively displacing local people and the local workforce, empty homes are important, but not nearly as important as tackling the excessive second home ownership problem in communities such as the lakes and the dales. We look forward to discussing those issues when we consider later amendments today.
Mr Jones
First, I thank the hon. Member for Nottingham North for his very kind welcome. I look forward to working with him and his fellow shadow Minister, the hon. Member for Greenwich and Woolwich, in a good spirit. I suspect that we may not agree on everything as the Bill goes through the House, but I am confident that we will work together with a good spirit, both in Committee and outside.
In response to a couple of the points that have been made, I know that the impact assessment has been a concern. It will be provided shortly, and I would certainly expect that to be the case before the conclusion of the Committee’s proceedings. I hope that we will provide it as soon as we can.
On Wales, we have already given councils the power to apply a 300% premium to properties that have been empty for more than 10 years. That is part of our stepped approach to increasing the level of premium the longer the property remains empty. What we propose strikes the right balance between providing an incentive to bring empty properties back into use while recognising more challenging cases in which owners are taking action to have property suitable for accommodation within that time frame.
I thank the hon. Member for Westmorland and Lonsdale for his kind welcome. I do not disagree with his point about the challenges in many areas, especially those that have a strong tourist economy. I am sure that we will debate those challenges when we come to the next set of amendments. It is good to hear his comments, and that the ministerial team are thinking about that issue.
Question put and agreed to.
Clause 72 accordingly ordered to stand part of the Bill.
Clause 73
Dwellings occupied periodically: England
Rachael Maskell (York Central) (Lab/Co-op)
I beg to move amendment 79, in clause 73, page 81, line 30, after “dwelling” insert
“for six months or longer per year”.
This amendment seeks to further define how long a property must be empty for to be described as occupied periodically.
Tim Farron
I also agree that the amendments are helpful, and I urge the Government to seriously consider them. There is no doubt in my mind that although the housing crisis is one of supply, the supply that we have is distorted. We live in a strange world in which property is seen more as an investment than places for people to live and have homes. That is the way the market is, but if the market is broken, surely we have to intervene.
Levelling up is an interesting phrase and concept—one that I personally believe in—but we have to understand carefully what drives the absence of opportunity that we are trying to tackle. Housing, more than any other issue that the Government will consider through the Bill, is the cornerstone. There are challenges in every part of our country, so there will need to be an acknowledgment that the market is distorted and broken, and that it will therefore need radical intervention if we are to make best use of the properties we have and maximise opportunities for everybody, in every part of this country.
Empty dwellings—as distinct from second homes and holiday lets—are a challenge. I mentioned that they are a big problem in my community, although not as big a problem as second homes and holiday lets. Properties are empty for a range of reasons, some of which are perfectly understandable, others less so. Having time limits is wise, as is ensuring that homes are effectively monitored. Using fiscal measures—fines, taxation and so on—to encourage people and focus their minds to make the best use of the property they own is also wise.
I encourage Ministers to make the available tools easier to use. They include empty dwelling management orders, which basically allow local authorities to requisition an empty home and turn it into a social rented property. I have seen that work in my own community, but it is hard to do. Such orders are valuable, because a property can be brought back into usage—it effectively becomes a social rented property under the control of the local authority for seven years—but they are most useful because they act as a warning shot to other landlords and show what might happen to them if they do not make good use of their properties. The problem is that the process is lengthy, laborious, expensive and difficult. I encourage Ministers to look carefully at beefing up that existing provision by ensuring that councils can use it more readily.
We want to build more genuinely affordable homes for people, but it is just as important that we made good use of properties that already exist by turning them into formal homes. That is a no-brainer, really. As far as I am aware, empty dwelling management orders are not addressed in the Bill, but I would love it if the Government considered beefing them up and making them more easily accessible, which would draw more homes back into use for local communities.
Mr Jones
I thank the hon. Member for York Central for her kind welcome to the Committee. It sounds as though I am likely to hear a great deal about York Central—somewhere I am not a stranger to, having been there to present a high streets award to Bishy Road some years ago, in the dim and distant past when I was last a Minister in this Department.
The Government’s proposal for a second homes premium makes clear the situations in which a council may quite properly apply a premium. Those situations are, first, that a property is substantially furnished—distinguishing it from empty property dwellings that may more properly be subject to the empty homes premium—and secondly, that there must be no resident of the property. For the purposes of council tax, a resident is someone who has their sole or main residence in the dwelling. In that case, the resident would pay the council tax normally due on that dwelling as essentially it would be their main home. They would not be subject to a premium as it is their sole or main residence.
Owners of second homes may well occupy those properties during the course of the year, and how much use they make of them will vary depending on circumstances. It may be that the hon. Member’s amendment is to enable the premium to be applied only when the homeowner does not use the property for more than six months a year. If that is the case, it might be helpful to set out how councils already determine what is and is not a second home.
Councils already make judgments as to whether an individual’s property is their sole or main residence and, by default, what might be a second home. That is because they want to be satisfied that any discounts or exemptions are applied correctly and to the right property. In making a judgment on whether a property is a sole or main residence, councils will reflect on legislation and case law and take into account a range of factors including where the person is registered with a doctor, where they are registered to vote and the occupancy of the property.
Given those established processes for assessing what is a second home, I do not believe that a further restriction on the definition of properties that may be subject to a premium is needed. In addition, the assessment of whether a property is a second home will take into account a number of factors and not just the period of occupation. A reference to the number of days may well preclude treatment of the property as a second home when other factors suggest that, in effect, it is being used as a second home. The amendment could result in a reduction in the number of second homes liable for the premium.
Amendment 80 would mean that, where the property has a tenant for more than six months, the premium would not apply. Council tax is usually paid by the occupants of the property and, in cases where a tenant is occupying the property as their sole or main residence, the tenant would be liable for that council tax, not the property owner. Therefore, no premium would be due.
The premium is not aimed at properties that are let out to a tenant as they will be somebody’s sole or main residence. It is right that a second homes premium should not apply to such properties. With those clarifications, I hope the hon. Member will agree to withdraw her amendment.
Rachael Maskell
I appreciate the considerations given in this debate, and I am sure that the Minister, knowing Bishy Road, will look forward to getting to know other parts of York. He made an interesting point about the definition of a second home. Later we will look at some of those issues, which our constituents are rightly asking about, because when people do not have homes, they ask a lot of questions about housing. Questions are being asked in particular about unoccupied dwellings, which we are considering here.
The shadow Minister, my hon. Friend the Member for Nottingham North, was right to highlight the fact that many empty dwellings can be targets for antisocial behaviour. In drawing out that important point, he also set out the reason to focus on that and disincentivise it. Empty dwelling management orders can be used effectively. Newham Council is probably the local authority that has used them to best effect, by taking properties and turning them into social housing. However, the legislation is clunky and the processes are slow. I would welcome it if we looked at how to use that legislation. In the light of this debate and those to come, I beg to ask leave to withdraw the amendment. I am sure that we will return to this issue.
Amendment, by leave, withdrawn.
Tim Farron
This, too, is a welcome amendment. It is also a reminder to us all that if we are to take the radical action needed to make the best use of the properties we have in this country, so that we can underpin communities, particularly those such as mine in the Lakes and the Dales in Cumbria, we will have to be wise in ensuring that the radical measures in the Bill are actually enforced. For example, I can think of countless properties in Cumbria with a local occupancy clause on them that are currently being advertised as Airbnbs. I see that the Yorkshire Dales National Park Authority recently made great strides forward, making it clear that new properties to be built within the national park must all be for 100% permanent occupancy. I do not think the authority has the power to enforce that, but the fact that it is showing that leadership is something we should massively welcome.
There will be a whole industry built around trying to create loopholes and get around any mechanisms—those either already in the Bill or that might come into it—to control excessive second home ownership, numbers of holiday lets and the presence of unused, empty properties, so we must be savvy and wise, and prevent that. Not all of that will be about the right legislation; it will also be about the right commitment to funding.
The Government talk about funding levelling up and putting money into projects that may involve construction, and so on. That is absolutely right. It is a great use of money—and will probably cost less money—to invest better in planning departments and to make sure we have the quality and the numbers of people to get out there and police the regulations that already exist and those we hope will come in through the Bill.
There is no point having the power in theory to maintain a permanent population in our towns and villages if we cannot enforce that. At the moment, the evidence before our eyes, certainly in Cumbria, is that we are unable to ensure adequate enforcement. The Government must invest, and it would be a wise investment, as it would rescue many homes for local communities to underpin the local workforce.
Mr Jones
I thank the hon. Member for York Central for the thought that has gone in to her amendment. I am sure we all agree about the importance of ensuring that people play by the rules and provide accurate information to allow councils to issue the correct council tax bills, and also that when people do not do the right thing, councils can take the appropriate steps.
The proposed amendments would require the Secretary of State to make regulations to create new offences, punishable by a fine, in relation to the submission of occupancy information. I completely understand the objectives of such a measure. However, I assure the hon. Member that existing powers already enable councils to take appropriate action where there is evidence that the individual has taken steps to avoid payment of the premium. The Local Government Finance Act 1992 already provides powers for councils to issue penalties to a person who fails to provide information requested to identify who is liable for council tax on a dwelling, or knowingly supplies information that is inaccurate. In addition, where false representation is made dishonestly for gain, the Fraud Act 2006 may well apply.
I share the hon. Member’s concerns about ensuring that evidence of wrongdoing is tackled and that councils have appropriate powers, and I have described those that already exist. However, if we do become aware of evidence of an underlying problem that cannot be covered by the powers that I have set out, the Secretary of State does have powers to make regulations to create powers for councils to require information and to create offences for a failure to provide information or for providing false information. We have already used those powers in connection with information for local council tax support schemes. We would be able to use them again if evidence were provided that the application of the premium was being frustrated by misinformation that could not be tackled by the existing powers. I trust that, with the assurances that I have described, the hon. Member for York Central will withdraw her amendment.
Rachael Maskell
I am grateful to the Minister for setting out the measures that are already available to local authorities, in particular under the Local Government Finance Act 1992 and the Fraud Act 2006, and the opportunity to exercise those powers in relation to this set of circumstances. The advice to all people seeking to register their property is to ask for advice from the local authority to ensure that their property is within the right council tax band, and there would then be no need for such measures.
However, the hon. Member for Westmorland and Lonsdale is absolutely right when he talks about loopholes: I have no doubt that individuals will be examining the Bill for such loopholes to exploit. Our responsibility is to close loopholes as we debate the legislation, because we do not want to be back discussing the same measures, when we had the opportunity to bring about change. However, I am satisfied with what the Minister has set out today, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Mr Jones
I will deal with the two amendments in turn. With amendment 83, the hon. Member for York Central’s desire is to ensure that those people who inherit property are not unduly penalised by the rapid imposition of a second homes premium. I will set out what happens with council tax liability when the owner of a property passes away and leaves it empty. Such a property is exempt from council tax as long as it remains unoccupied and until probate is granted. Following a grant of probate, a further six-month exemption can be provided, so long as the property remains unoccupied and the ownership has not been transferred. There are already strong protections in place.
Amendment 83 proposes that in addition to those protections, the property should be exempt from any potential second homes premium for a period of at least two years. A premium would only apply if the property was not someone’s sole or main residence, and if it was furnished. I understand the hon. Member for York Central’s concern. I hope that she will be reassured that the Bill includes powers for the Secretary of State to make regulations that exempt certain classes of property from application of the premium. We will reflect on the points that she made and consider whether to consult on potential exemptions to the premium.
Amendment 84 appears to suggest that someone purchasing a second home that requires some improvement should be able to benefit from an exemption for at least one year. While I fully support homeowners investing in their main or second homes by renovating and improving them, I am unclear as to why such work on second homes should benefit from an exemption to the premium. The premium would only apply if a property was furnished. If it required substantial rebuilding work, it seems unlikely that the property would be furnished. In that case, a second homes premium would not be due in any case since the property would not meet the definition in the Bill.
Rachael Maskell
I am grateful to the Minister for the points he is making. It is possible to be in a situation where part of the property was furnished because that is not the area where dilapidation has occurred, but part of it is unfurnished because it needs, for example, a new roof or an extension. There is a situation where there is furnishing, but the property is still unoccupied due to renovation work.
Mr Jones
The hon. Lady raises an interesting point. It seems clear to me that that property would be partly furnished, but not be occupied by the owner. It would therefore still constitute a second home—that is the argument I am making.
On amendment 84, the hon. Lady gave the example of the roof not being on a property. If a property were not in a fit state for habitation and required substantial work to bring it into a reasonable state, it is quite possible that the Valuation Office Agency would consider a request to remove the property from the council tax list, thereby removing its liability for council tax.
I hope I have been able to clarify my understanding of amendment 84, and I hope that with my reassurances the hon. Lady will withdraw both her amendments.
Rachael Maskell
I welcome the debate we have just had. For the record, I think it is important that we take forward discussions around these issues and understand the challenges our constituents in sensitive circumstances are facing. The Minister’s response on the powers that local authorities already have until probate is granted was helpful and gives us the opportunity to reflect on that issue. It would be my sincere hope that local authorities will be able to work with families who are bereaved to give them the support they need to dispose of a property in a timely way.
On the dilapidation of properties, the hon. Member for Westmorland and Lonsdale was absolutely right to highlight some of the workforce challenges currently facing the construction industry. We know the Government are making many demands on that depleted workforce, which is taking time to recover and has many challenges pressing down on it. We simply do not have the labour supply to address the multiple demands being placed on construction and maintenance. Even the timescales I suggested in the amendment could be challenged due to that demand on the industry.
The Minister’s comments on the role the Valuation Office Agency can play in removing a property from the council tax list during a period of renovation were quite helpful. I am sure they will be well heard by people in those circumstances, but I think I am perhaps just scarred from growing up in a property where we had a tarpaulin roof for many a winter, and living under it posed real challenges. The suggestions the Minister has made and the direction he has shown through his comments to the Committee have been helpful. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Mr Jones
Clause 73 contains a power for councils to introduce a council tax premium on second homes. We recognise that second homes can benefit local economies and the tourism sector. Second homes can also provide flexibility to enable people to work in and contribute to the local community, while being able to return to a family home in another part of the country on a regular basis. However, the Government understand the concerns that large numbers of second homes, particularly where they are concentrated in a small area, can have a negative effect on the vitality and viability of local communities.
A large number of second homes impacts on the size of the permanent population who help to generate the demand needed for their local services the year round. It creates a hollowing-out effect. The local schools have insufficient pupils to remain open. The local buses do not have enough passengers to maintain the service. The village pubs and post offices do not have the customers to sustain them through the year. These are all arguments that many Members are familiar with and have made to the Government.
The risk is clear that, without action, some communities will become increasingly unviable as local services close due to a lack of a permanent year-round population. The Government are not prepared to stand by and watch that happen. We are investing £11.5 billion in the affordable homes programme, which will deliver up to 180,000 affordable homes.
We have introduced a higher level of stamp duty on the purchase of second homes. The clause supports that by providing new powers for councils to apply a premium of up to 100% extra council tax on second homes. The use of that premium will be discretionary, and it will be for councils to exercise their own judgment as to whether to apply a premium and at what level—up to a maximum of 100%. The premium will provide councils with the flexibility to access additional revenue. It will be for councils to decide how best to use this funding. For example, councils may choose to support the local shop or village pub, or they may invest it in new affordable housing for local families, so they can help maintain the lifeblood of their community.
We are clear that second home owners should be given sufficient notice of the introduction of a premium. The clause will require each council introducing a premium to have a minimum period of 12 months between making its first determination and the financial year in which it takes effect. That will give second home owners plenty of time to make plans for how to respond to the forthcoming premium. Of course, there may be circumstances where it is not appropriate to apply a premium. Proposed new section 11D(1) provides a power for the Secretary of State to make regulations prescribing categories of dwelling in relation to which the council tax premium on second homes cannot be charged. We will consult on such categories.
Proposed new section 11D(3) includes a power for the Secretary of State to vary the maximum council tax premium that can be charged on second homes. It is clearly sensible to maintain a degree of flexibility for the future. If circumstances suggest that consideration should be given to adjusting the level, any consequent regulations will be made through the affirmative resolution procedure and will require approval of this House. The power contained in the clause will enable every council to decide whether to apply a premium at a level that is suitable for their own circumstances. It will enable them to generate additional revenue, and they will be able to use it to mitigate the impact of high levels of second homes in their areas. I commend the clause to the Committee.
Alex Norris
We have covered much of the debate through the very good amendments, so I do not intend to detain the Committee for long, but I want to clarify one point with the Minister. As he has said, the clause inserts proposed new sections 11C and 11D in the Local Government Finance Act 1992. Proposed new section 11D(1) states:
“The Secretary of State may by regulations prescribe one or more classes of dwelling in relation to which a billing authority may not make a determination under section 11C.”
It basically says that the powers we have debated and all the very good reasons for them actually do not apply if the Secretary of State decides they do not want them to. That is a concern we have had in previous debates: this is localism, but only where local communities get the answer right.
It is welcome that the Minister has said the measures will be consulted on before being used, but the Government must have a sense of what properties they have in mind, otherwise there would not be much of a case to reserve the power. I am keen to know how that power will be used or certainly what the Minister had in mind when asking for it. I do not think it is enough for us to detain the Committee because we think the clause is important in general, but that specific point needs to be addressed. There is not much of a case for the provision if it is a power that can only be filled out by consultation. I wonder then: why ask for it at all?
Mr Jones
I nearly thought that that the hon. Member for Westmorland and Lonsdale was going to cross the Floor, given his glowing praise of my analysis. I understand his concerns. That is why we have, over time, put in place a number of policies, including increased stamp duty for purchases of second dwellings, and why the Bill introduces a council tax premium. Clearly, there is a wider picture, and we understand that picture. It is a complex issue and we constantly look at it.
The hon. Member for Nottingham North is concerned about the Secretary of State’s involvement. I do not want to pre-empt the result of the consultation, but it might include the points that he has made about probate. I expect the consultation to take place this autumn, and I hope he will look carefully at it and respond to it.
Question put and agreed to.
Clause 73 accordingly ordered to stand part of the Bill.
Clause 74
Alteration of street names: England
Rachael Maskell
I beg to move amendment 85, in clause 74, page 83, line 23, at end insert—
“and it has considered the historical, cultural or archaeological significance of a name change”.
This amendment requires cultural, historical and archaeological factors to be considered before making a name change.
We are considering many things in the Bill, and we come now to a clause that deals with street names. Needless to say, the issue of street names is one of much interest not only to the population of York at large but to archaeologists and historians, whom I meet regularly in our city. It is probably obvious why that is the case: we are clearly a proud city and there is much history to be debated.
A lot of streets in York have changed their name over time. A case could be made to change some of them back to their original names. In York, the streets are named gates, the gates are called bars, and the bars are called pubs. Our language is slightly different from that used in other places. Many of the names have been changed for good, sensitive reasons. What was Beggargate, for instance, is now called Nunnery Lane, and some names were far worse. Our approach to the naming of streets evolves. We have many layers of history, and there are areas of Roman, Viking and medieval significance in places such as York.
Names could be changed at the stroke of a vote, but it is important to put in place checks and balances, including a consultation process and engagement with the wider community stakeholders and residents, to ensure that streets have appropriate names.
There are examples of those who were once heroes but are now fallen individuals. We may have seen a darker side of them or of our colonial past. The street name can tell a different story and therefore the changing of a name is not only a process but can be a historical or political act in itself. It may be desirable, but to understand the past is important. Therefore, to explain the name rather than change it may be the action to take to reflect that on a newer estate. Perhaps we will look at the industrial past of an area or some event or place of significance, or perhaps point to a new age and opportunity.
There are countless reasons why a street name vote may be sought. However, recognising the significance of a name or a former name could help define a street or an area, as well as the historical, cultural or archaeological significance of a place. My amendment will simply ensure that the history and archaeological understanding of a place is not lost. I am seeking assurances from the Minister that that understanding will form part of a consultation around the name change and the process set out in clause 74.
Alex Norris
This is the third time in part 2 that we have addressed names. We addressed alternative names for Mayors and alternative names for combined county authorities. My view on street names is the same as in those cases. My experience in Nottingham is that if we seek to do anything daft with names, the public pretty soon sniff it out and have a good way of correcting it, whether at the ballot box or through more informal means. I have a lot of confidence in our communities to make the right and sensible decisions given the right framework in law.
We are interested in the clause. I may make some more arguments in the next amendments. It is important that the important historical and archaeological factors are not lost. This is probably a de minimis provision and only asks for consideration. It is no greater fetter than that. I hope the Minister is minded to that.
Mr Jones
The amendment would add additional criteria for local authorities when considering the renaming of a street. I understand the importance of history, archaeology and culture in this process. However, the Government strongly believe that local people should have the final say on changes affecting street names. We would expect those local views to reflect the historical or cultural associations of the names concerned, and the importance that communities place on them. It is not clear that a freestanding additional requirement to consider heritage is necessary, or how it would work. It could, for example, make it harder to secure name changes that have local support but where new considerations, such as the need to honour a local person or event, take precedence over an archaeological interest. For instance, some Olympians had streets named after them following the 2012 Olympics.
We recently consulted on the prospective secondary legislation and guidance to deliver those changes. Respondents were overwhelmingly positive about our proposals, with 91% agreeing that the regulations and statutory guidance should set out how local authorities should seek consent when changing a street name. In view of that support, and the fact that heritage and cultural significance are matters that communities will weigh up, I hope the hon. Member will withdraw her amendment.
Rachael Maskell
I thank the Minister for his comments. My hon. Friend the Member for Nottingham North is right to highlight how our residents will do the right thing and we can depend on people to make the right choices, as I am sure they will in York. It is important to hear the Minister’s comment on the record that he will expect residents to reflect on the historical and cultural aspects of their streets and communities. People wanting to honour people or events of note in their communities will have the opportunity.
It is also important to recognise the place-making ability of a vicinity—for example, if there are quarters in a place, certainly in places as historical as York—to ensure that there is an ambience, an identity, given to a place. That could impact on the tourist aspect and the economic opportunity of a place, as well as the name in itself. I am sure there will always be streets in which to honour local individuals and at the same time balance the cultural sensitivities of an area. I found the Minister’s remarks helpful; I put that on the record. I think it will help with the next discussion, so I am happy to beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Rachael Maskell
I support the amendments, particularly in the light of my withdrawing amendment 85. I believe that what sits at the heart of the clause is proper consultation with community stakeholders, whether they are residents, businesses or wider stakeholders, for instance Historic England, or the city archaeologist in the example I cited. The process of consultation is of key significance, and I am grateful to my hon. Friend for Nottingham North for setting out in such detail the type of proper consultation that should be embarked on.
I think we can all recall the naming process of the research boat Boaty McBoatface, and there has certainly been learning from that experience about what could happen with a renaming process. I speak as someone who has a street in my constituency called Whip-Ma-Whop-Ma-Gate, which means neither one thing nor the other—in itself curious. Names can be curious, but a rigorous consultation that can flush out the issues could avoid those significant pieces of amusement, ensure that the proper voices are heard and confirm a sensible place name. A name is not just a name; it is an identity. We all think about the addresses we have lived at, and the identity they have given us, so it is important that people have ownership. A thorough consultation by a good local authority is what my hon. Friend seeks through his amendment.
On the consultation exercise, although the digitalisation of processes is welcome, I emphasise how important it is that signs are still placed on street corners, as proposed in amendment 71. People in the community need to know what is happening. It is not an either/or; it is a both. People should be able to engage with a physical notice. We all see signs up across our constituencies and stop to read them, because they are an important indicator of how people can get involved. I urge the Government to consider the breadth of that opportunity.
Finally, I highlight my hon. Friend’s points about referendums. We know that they have costs attached, and a referendum on a street name would place an additional cost on a local authority at a time when resources are thin. Given the time and complexity involved, is that really the right focus for the Government, when a consultation could do the job by utilising the existing democratic process through elected councillors? I trust that the Minister will reflect on the realities of the clause when alternative routes, as my hon. Friend set out, could strengthen the process and enable the right outcome.
Mr Jones
The Government are strongly of the belief that people should have the final say on the character of the area in which they live. That must include protecting their local heritage. In this context, I agree with the underlying intent behind the amendments. There should be clear processes for making sure that local views on proposed street name changes are taken into account. It is, however, important that we do this in the right way, so that the processes are robust, but can be adjusted if required.
The Government recently consulted on the prospective secondary legislation and guidance to deliver the reform to street naming set out in the Bill. Respondents were overwhelmingly in favour of the proposals set out in the consultation, with 91% agreeing that regulations or statutory guidance should set out how local authorities should seek consent when changing a street name.
The amendments would remove the Government’s ability to do that and replace it with less specific requirements than we intend. I reassure the hon. Member for Nottingham North that we will be setting out clear, transparent and robust arrangements in secondary legislation. As I said, a significant number of respondents to the consultation want a proper say, and we can understand why. If the name of a residential street was changed, for example, individuals in any particular property would face significant costs from amending the title of their property or the addresses on their car logbook, bank accounts, utility bills, driving licence, and a number of other things that we could all reel off. Such things are important considerations, and that is why we are setting out down our chosen path.
By setting out the detail for how consultation on street naming will work in regulations and guidance, we will maintain flexibility to update processes in line with changes in circumstances, such as new technology. With that explanation, and those assurances, I hope the hon. Member will be willing to withdraw the amendment.
Alex Norris
I am grateful for colleagues’ contributions to the debate. My hon. Friend the Member for York Central brought up the good example of Boaty McBoatface. That shows, as always, the brilliant sense of humour of the British people—I have an awful lot of confidence in that—but also how in such cases it is rarely the answer that is daft; perhaps the question was less wise. The key thing, which goes to the point of the clause, is that people with a stake ought to have a say. When people have a stake in things, they take them seriously. I am certain that there will be no Boaty McBoatface Avenues. People would much more likely take a slightly different and perhaps more moderated view for their own street. That is why it is important that, as the Minister said, local questions about the character of a community are addressed.
I agree with the Minister that local residents should have the final say on the character of an area, but that can work in a number of different ways. We have a representative democracy, and change in the character of an area could be about a decision to cut back a tree, or to put bins in collective storage, leave them in the back ginnel or put them outside the house. Every day, there is a combination of hundreds of small actions that are seemingly unimportant until someone gets excited about them, but in aggregate they are substantial to people’s lives. We do not put them to daily referendums with turnout thresholds—we could not operate like that—so we have representatives who are accountable to their communities, and if they do not seem to be doing their job, they are changed for others.
I am not sure that the Minister’s stated aim is measured by what is in the Bill. He said that amendments 70 to 72 would weaken the Government’s ability to meet what was wanted in the consultation. I am afraid that I do not accept that, because 91% of people wanted to have a proper say and to have that set out. I completely agree with them—I am surprised that 9% did not agree—that the worst situation would be one where a local authority could make merely the narrowest compliance effort and not really listen. There is not much evidence of risk there. Again, the Minister could not make the case as to why, in general, there is a problem to be solved—and, absent the impact assessment, there is no case for that. The experts in the field say that there is no problem to be solved. I hope that he will reflect on that. My amendments would in no way restrict the ability to ensure that those 91% of people got what they wanted: a proper say. However, the Minister has gone a step further in prescribing how that looks, which is a disproportionate approach that will not serve.
The Minister has committed to further consultation and engagement. I hope that he will engage with colleagues in the Local Government Association and listen to them about the practical realities. If he has not already had a chance to do so, he should engage with their research about what is really going on and how we might achieve the aims without putting something onerous in the Bill. They will be willing to have those conversations.
I hope that this might be an ongoing part of the conversation as we move through the Bill’s stages, and that the Minister will at least carry this issue away and find a bit more detail. We will not detain the Committee by dividing it, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss that schedule 5 be the Fifth schedule to the Bill.
Mr Jones
The Government are committed to giving a voice to residents over the naming of their street, and we are strongly of the belief that people should have the final say on the character of the area in which they live, which must include protecting their local heritage. Although street names play a fundamental part in representing the rich history of a neighbourhood, the relevant legislation has not been fundamentally reviewed since the early part of the 20th century. The matter is spread over three Acts, rendering the process of changing street names not only opaque but obsolete. I believe it should be uncontentious, if nothing else, to say that a lot has changed since 1907, and therefore a modern framework will be of benefit to local authorities.
Alex Norris
I will not repeat any of the arguments I have made. We agree on the substance of allowing people to decide their street name, but we are troubled by the process and its rigidity. I hope the Minister will keep reflecting on that in the following stages.
I am labouring a point I made the last time I rose, but this is the last time I will make it today—I promise, Mr Hollobone. This is the end of part 2 of the Bill. The Minister made a welcome commitment that we will see the impact assessment before the end of Bill Committee, but I gently say that it will not be much use for parts 1 and 2. Frankly, there be no impact on part 1, because that was a plan to make a plan, but part 2 will make combined county authorities, which presumably are supposed to be quite impactful. It is a problem that we have not been able to argue those in the round.
The next part of the Bill, which is on planning, includes really significant decisions that will shape communities. I am not sure that colleagues on the Government Benches, never mind the Opposition Benches, should be comfortable making those decisions without an impact assessment. I hope to prevail on the Minister that if the impact assessment is not going to appear before part 3 of the Bill today, we may at least have it before the summer recess so that we can have it for our discussion about the remaining clauses.
Mr Jones
I thank the hon. Member for Nottingham North for his comments, which I will look at carefully and consider, and see what more can be done to expedite the impact assessment.
Question put and agreed to.
Clause 74 accordingly ordered to stand part of the Bill.
Schedule 5 agreed to.
Ordered, That further consideration be now adjourned. —(Gareth Johnson.)
Levelling-up and Regeneration Bill (Thirteenth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 12th July 2022
(2 years, 5 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 12 July 2022 - (12 Jul 2022)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Rachael Maskell (York Central) (Lab/Co-op)
I, too, support the amendment. Data is key to everything: we cannot make good, informed, evidence-based decisions unless we have data before us. In my community, I have seen my boundaries change because of the number of empty properties and people not registering. I have seen a real change street by street as well as community by community. Second homes, commuter homes and holiday homes are taking over residential properties, which my local residents cannot afford to live in any more due to the lack of supply. As a result, they are having to move out of my city. We have to look at this extraction economy through the eyes of the people it impacts the most, and collecting data is absolutely key to that.
There is another reason I think data is really important. The Government are driving their whole housing policy through numbers. They are saying, “We are going to build x units in each of these locations across the country.” We have heard hon. Members in various debates discuss whether those levels are right, but if those housing units simply become empty units, second homes or holiday lets, that will not resolve the housing crisis we are dealing with. It will not add to our communities or make a difference to them. It will not have an impact on Government targets for addressing the housing crisis. It is essential that we can identify the issue in the detail it deserves, not just in whole areas but drilling down to understand what is happening in different parts of the community.
In York, we have around 2,000 Airbnbs—last time I checked, the number was 1,999. The vast majority are concentrated in my constituency of York Central. I can name the streets where those properties are. The number of homes is increasing in those areas. We will go on to talk about measures that the Government can introduce—measures that I very much hope they will introduce—to address this serious problem, which is sucking the life out of our community. If we have up to 350,000 Airbnbs nationally, what does that mean for Government targets for house building? How are they going to say they are building additional homes when we are seeing that sharp increase in Airbnbs, second homes and so on?
The Government need the data to drive their own housing policy and to ensure that they are delivering on their targets for improving the housing situation, rather than just watching it get worse while they busily tick boxes and say, “We are delivering, delivering, delivering,” when it is not making a scrap of difference on the ground. That is the feeling in my community. I welcome the amendment. It is a helpful start and a helpful guide to the Government about some of the considerations they should be taking into account in the planning system.
The Minister of State, Department for Levelling Up, Housing and Communities (Mr Marcus Jones)
I thank the hon. Member for Greenwich and Woolwich for his kind welcome and good wishes. I look forward to working with him across the Dispatch Box, in a reasonable and constructive way.
We spoke at length earlier about second homes, which I suspect will be a running theme for the Committee. We talked about the importance of addressing the issues that can be caused by second homes and holiday lets in an area. I want to focus on why the amendment is not needed.
We acknowledge the importance of data on holiday lets for supporting tourism and manging the impacts on local communities. However, I believe that there may have been some misrepresentation of the intent of clause 75. The clause aims to require planning authorities to process their planning data in accordance with approved data standards, whereas the amendment seeks to regulate for the collection of data by planning authorities. Nothing in the clause can require the collection of data by planning authorities.
Having said that, let me add a point of reassurance: where planning authorities have holiday let data, subsection (2)(b) provides the ability for data standards to be set for it. The amendment tabled by the hon. Member for Westmorland and Lonsdale is not necessary to achieve his intention. Regulations will specify which planning data can be made subject to data standards and require planning authorities to comply with those standards once created.
We will turn to the substance of second homes and short-term let policy in due course. We take the concerns raised by the hon. Member for Westmorland and Lonsdale seriously. I hope that I have provided sufficient reassurance at this point to allow him to withdraw his amendment.
Tim Farron
I will not press the amendment to a vote at this point, but I may bring the measure back later in another guise. I am very grateful that the Minister has accepted the need for this data, so that decisions can be made and otherwise.
As I and other hon. Members said earlier, the existence of second homes and holiday lets is not, by any means, an unalloyed bad. The holiday let market, in particular, is crucial to the economy and the hospitality and tourism industry in Cumbria, which is worth £3.5 billion a year and employs 60,000 people, but we have to get the balance right. There is not a lot of point in having holiday cottages where people go on holiday but find they cannot get a bite to eat, because it turns out that their holiday cottage was the chef’s house last year, and they have been evicted and the balance is all wrong.
One assumes that, if the Government were to accept further amendments that might be proposed later, there would be powers available to local authorities to restrict the number of second homes or holiday lets in a community. We would not want to do that carte blanche; it would have to be done on the basis of information. We might decide that up to 20% of a community could be second homes. How would we know whether that was the case and be able to make a judgment, unless the data were available?
I will not press the amendment to a vote now, and I am grateful for the Minister’s remarks. It is important that we make decisions to save our communities based on the reality of the situation out there. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Matthew Pennycook
I beg to move amendment 65, in clause 75, page 85, line 14, leave out paragraph (b).
This amendment would prevent the Government from using the powers in this Chapter for information other than that provided or processed by a planning authority under a relevant planning enactment.
Having had just over four productive and, I am sure the Committee will agree, stimulating days of line-by-line consideration of parts 1 and 2 of the Bill relating to levelling up, local democracy and devolution, we now turn to the first of the Bill’s parts on planning. As my hon. Friend the Member for Nottingham North remarked during, I think, our second session, in practice this is not wholly, or even largely, a levelling-up Bill. Indeed, I would even go so far as to describe the legislation before us as essentially a planning Bill in all but name, albeit in a shiny but ultimately flimsy levelling-up wrapper.
To the extent that this is essentially a planning Bill, it is, as hon. Members are aware, a far different beast from the legislation the Government had in mind when they published the “Planning for the future” White Paper in August 2020. The remnants of that White Paper that have found their way into this Bill, augmented with several new initiatives of varying quality, amount collectively to a rather modest set of proposals that we fear fall far short of the kind of reform that is required to meet the multiple challenges we face as a country.
Some of the planning provisions in the Bill are extremely controversial, and we will consider several of those in the hours and days that remain before the summer recess. Others are less so, and chapter 1 of part 3, which we are now considering, falls squarely in the latter category.
The clauses in chapter 1 seek to digitise the planning system, with the objectives of raising standards across planning authorities, facilitating cross-boundary engagement—particularly around infrastructure by better enabling the comparison of planning information—and, perhaps most importantly, making it easier for members of the public to access and easily comprehend information about specific local planning matters. This represents a real step forward, and I want to make it clear at the outset of the Committee’s consideration of clauses 75 to 81 that we strongly support in principle the digitisation of the planning system.
As Dr Hugh Ellis rightly put it to the Committee in our final oral evidence session:
“There are some very archaic practices in the planning process”.––[Official Report, Levelling-up and Regeneration Public Bill Committee, 23 June 2022; c. 125, Q157.]
As things stand, the planning system is overwhelmingly reliant on outdated software that places a considerable burden on the sector. Often, progress on local planning matters is almost entirely reliant on individual council planning officers and their familiarity with a particular scheme, rather than transparent and accessible information that can be drawn upon by all. Given that the systems in planning authorities more often than not sit on separate platforms, they frequently prevent cross-referencing of data by other council staff and local councillors. More generally, the planning process is too heavily reliant on documents rather than data, and this has a direct impact on the speed and quality of decisions.
Provision for public interaction with the planning system can, in many cases, appear to have been designed to actively discourage engagement, as anyone who has tried to analyse a local plan map will know. Even in cases where online access to information is possible through local authority portals, the data available is often inconsistent, confusing, and a barrier to community participation.
If any hon. Member has had to trawl their local council’s website to find information on a given planning application—I have, many times—they will know that documents often come in the form of hundreds if not thousands of pages of material spread across multiple PDFs, putting off anyone other than committed souls determined for one reason or another to trawl through reams of uploaded documentation to try to understand precisely what changes are being proposed in their local area. In short, there is an unarguable case to upgrade the technology that underpins the planning system in England. Doing so would have myriad benefits.
Perhaps most importantly, digitisation could go a long way to boosting engagement in local planning matters, particularly at the local plan phase, incentivising residents who, as things stand, would not dream of involving themselves in a planning matter. As Tony Burton from Neighbourhood Planners London put it to the Committee in oral evidence relating to local and neighbourhood plans,
“we would point to the opportunities it presents around new, complementary forms of community engagement…and more effective ways of pooling and analysing the evidence that is required”.––[Official Report, Levelling-up and Regeneration Public Bill Committee, 23 June 2022; c. 80, Q107.]
A digitised and integrated system would make it easier to find and search through the detail of a given application, and to see associated data and drawings, and it could well facilitate opportunities to directly interact or submit feedback. New interactive digital services and tools could even allow members of the public to submit their own ideas or take part in discussions and design workshops at an early stage of a proposal, and to explore different site distributions, massing and densities themselves.
Digitisation could also deliver huge benefits for the development and distribution of local plans. If done well, the roll-out of, for example, 3D model platforms could support the creation of local plans by changing the way councils visualise and make assessments of their localities, as well as aiding the monitoring of their delivery. Similarly, making local plans digitally available and interactive across England could help standardise processes and offer greater accessibility, collaboration and community engagement.
I add a small caveat at this point, in that the clauses in chapter 1 really cover only how data will processed and standardised. The Bill contains no indication of how the Government see consultation and decision-making processes being opened up to a more diverse audience as a result of digital technologies. I hope the Minister will give us a sense of the Department’s thinking in that respect, on issues such as digital mapping, when he responds.
However, that the clauses in this chapter present such opportunities is undeniable. That said, we are firmly of the view that a series of safeguards are necessary to ensure that the digitisation of the planning system does not have adverse consequences, intended or otherwise, and amendment 65, along with amendments 66, 67 and 68, seeks to provide some of those safeguards.
The particular concern that amendment 65 is intended to address is the potential for the broad powers provided by clause 75—to regulate the processing of planning data—to be used as a surreptitious way of prescribing the length, layout and content of local and neighbourhood plans. That concern arises in part from the ways in which the Bill, in other places, centralises the planning system by effectively downgrading the status and the scope of local planning—a theme will we return to many times over the course of this Committee’s life.
Given our concern that the powers in clause 75 give scope for excessive central control of local development plan formulation, we believe it is essential that the Bill clarifies that the powers are to be utilised only for the purposes of technical data handling and processing—hence the suggested removal of the broad language in subsection (2)(b) specifying that planning data can mean any information provided to, or processed by, the authority
“for any other purpose relating to planning or development in England”.
The key point here is the need for the Bill to better define what functions can be regulated by the powers set out in this clause.
Binding “approved data standards” applied to a limited range of technical functions, such as standardising contributions to the preparation of a local plan or how local plans are made accessible, is all to the good and will aid access, engagement and cross-boundary comparison. However, if not more tightly circumscribed on the face of the Bill than at present, our concern is that the proposed regulation of the processing and provision of planning data may, inadvertently or otherwise, enable the central imposition of what can and cannot be in a local or neighbourhood plan.
I appreciate the distinction is a subtle one, but I hope the Minister understands the concern we are trying to highlight. I also hope he will accept the amendment or, if not, at least provide the Committee with robust assurances that the powers in this clause will only ever be used for the narrow purpose of regulating the handling of technical data, rather than in any way dictating the form of local plans.
Mr Jones
I understand and share the desire to ensure that the information in scope of these new powers is proportionate and focuses on digitising the planning system.
Amendment 65 gets to the heart of our digital reforms—how we define planning data—and would narrow that definition. I fear, however, that the amendment underestimates the breadth of information upon which planning authorities rely. It is important to remember that these powers are designed to underpin the entirety of the planning system. We need to encompass information that will support plan making with interactive map-based plans; the flow of information, such as from the heritage sector, to planning authorities; and accessible environmental outcomes monitoring and reports.
As such, information relevant to planning may not in fact arise from a planning enactment. For example, it may come from activities of local authorities under their general power of competence or from information provided or used by that authority for the purposes of other legislation, such as the Local Government Finance Act 1992. Equally it may come voluntarily from other public sector organisations or from private companies and individuals for purposes that are not clearly related to a statutory planning function. We want to ensure that we do not accidentally exclude any of that valuable information from being made even more valuable to planning authorities and others as a result of our reforms.
As we will cover in subsequent clauses, there are underlying safeguards to protect all the information from inappropriate use. That includes protecting against inconsistency with data protection legislation. Equally, as I am sure we will discuss, our continuing pilot work with planning authorities will ensure that data standardisation can be implemented by them.
We will consult to ensure that we hear a diverse range of voices on how this part of the Bill is put into guidance. We will produce new guidance on community engagement in planning, which will describe different ways in which communities can get involved and highlight best practice.
The hon. Gentleman had some concerns about what is covered in a local or neighbourhood plan. The intent of creating the data standards is to ensure that local and neighbourhood plans can contain more information in a standardised format for the benefit of their communities. Data standards will be introduced gradually, and local authorities will not be prevented from using planning data where standards are yet to be introduced.
I hope the hon. Gentleman is reassured that amendment 65 is not required, and I would be grateful if he withdrew it.
Matthew Pennycook
I am grateful to the Minister for that response. I think the best way to put it would be that I am slightly reassured, but not wholly reassured. I welcome what he said about the recognition that the powers need to be used proportionately. I welcome the clarity on the intent. What I did not hear was a cast-iron guarantee that the powers will not, inadvertently or advertently, in any way end up constraining the length, layout and content of local development plans. Therefore, we still think and are concerned that they could be used to do such. While I will not be pressing the amendment to a vote, this is an issue that relates to our wider concerns about the status and scope of local planning, which we will come back to. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Mr Jones
The planning system currently relies on information presented in various formats and contained in lengthy PDF documents from which it is hard to extract. Local plans alone can be hundreds of pages long. As the hon. Gentleman said, they can contain dozens and dozens of PDF files, which are difficult for experts to navigate, let alone members of the public.
This clause is the foundation for changing the way planning authorities hold and present their planning information, moving the planning system from being document based to being data driven. The clause does this in a manner that allows the planning system to keep pace with the innovation we hope to promote. The clause grants the Secretary of State the power to specify in regulations which planning information must meet set data standards.
I know that some are concerned that the data standards will outstrip the ability of planning authorities to meet them. I therefore want to reassure the Committee that the very reason for the approach I have just set out is to allow us to bring information into scope as it is ready. We will proceed incrementally and take into account planning authorities’ capabilities and innovation in property technology. I hope that reassures the Committee on that point.
In order to reduce the burden on planning authorities, clause 76 gives them the power to require those submitting planning data to do so in accordance with new planning data standards. In addition to enabling information in the planning system to flow freely, following that approach will help authorities perform their crucial role more effectively, with more ability to compare and co-ordinate with other authorities; will empower more local people to engage with planning, with better tools to support them in meaningfully shaping their areas; and will drive private sector innovation, improving the efficiency of the housing market as well as the planning system.
In summary, the clause begins the modernisation of the planning system, creating accessible, reusable data to the benefit of planning authorities, communities, central Government, developers and the wider private sector. I commend it to the Committee.
Matthew Pennycook
I will be brief, but I have some questions for the Minister. Clause 76(1) allows planning authorities, by published notice, to require a person to provide them with planning data that complies with an approved standard that is applicable to the data. Subsection (4) allows planning authorities to reject all or any parts of planning data from a person if they fail to comply with the requirements under subsection (1). Subsection (5) requires that planning authorities must serve the person with a notice by writing to inform them of any such decision, specifying which aspects of planning data have been rejected.
The two examples in the explanatory notes accompanying the Bill relate, respectively, to local plan creation and the identification of conservation areas nationally, rather than to individual planning applications. Given that the aim of this chapter is the creation of a data-led planning system, as the Minister said, and that the White Paper specifically referenced the intention to create a
“national data standard for smaller applications”,
it strikes me that there is a need for clarity over what “data not documents” means for individual households in the context of clause 76.
As such, I would simply like to get a sense from the Minister of what impact he believes these provisions will have on households seeking planning permission for projects such as extensions and conservatories, or garage and loft conversions. Specifically—this relates to a point that I will return to when speaking to amendment 66 to clause 77—what does the Department have planned, if anything, to ensure that residents making such applications who may lack the requisite digital skills or access to the internet are provided with appropriate support? Is any element of discretion provided, or other means of assisting such people?
Mr Jones
I thank the hon. Gentleman for his questions. With regard to that last one, we will probably discuss that as we go through the next few clauses. However, there is no intent to exclude those who do not have the ability to use digital equipment—those we consider to be digitally excluded. I hope that I can reassure the hon. Gentleman on that as we deal with further clauses.
Question put and agreed to.
Clause 75 accordingly ordered to stand part of the Bill.
Clause 76
Power in relation to the provision of planning data
Question proposed, That the clause stand part of the Bill.
Mr Jones
Too often planning information is hard to use for all the purposes it should serve. The clause helps to address that problem.
The large amount of information received by planning authorities often comes to them requiring manual intervention to make it usable. Re-entry is then required to use that information later in the system. That is bureaucracy at its worst, actively detracting from the ability of planning authorities to perform their core role, taking time and resources away from the decisions that matter to communities.
The clause works to achieve three effects. First, it works with clause 75 to ensure that complying with data standards does not create a new bureaucratic burden for planning authorities receiving information and then having to render it compliant. Secondly, it gives planning authorities the power to require information in a manner that best suits their systems and the data standards to which they are subject. Thirdly, it protects against the risk that some may attempt to use the requirements under clause 75 to inconvenience authorities’ decision making by deliberately submitting information in a problematic format that is difficult to extract.
The clause also sets out the process that planning authorities must follow to exercise their powers. Planning authorities will be required to publish a notice on their website or through specific communications to inform participants about what planning data will be subject to data standards when it is submitted to a planning authority. If the data fails to comply, a notice must be served specifying the reasons for rejection.
I will touch briefly on the power of planning authorities to refuse information as non-compliant. Planning authorities are not obliged to refuse non-compliant information, although for the reasons that I have outlined we expect them to accept such information only exceptionally. The Committee will see that information cannot be refused where the provider has a reasonable excuse. That is to protect those who, for whatever reason, cannot use the means of submission stipulated by a planning authority or cannot comply with the data standards in the submission. In that way, planning authorities will be under a duty to accept and fully consider such information. Those with a reasonable excuse will not therefore be disadvantaged.
Where authorities refuse information, the clause provides them with discretion to accept a complaint resubmission, although again there is no general expectation that they should do so. The result of the clause will therefore be that, by default, the information received will be usable for all purposes to which planning authorities need it to be put. That will make their work faster and easier and will allow them to focus on planning rather than data entry.
Question put and agreed to.
Clause 76 accordingly ordered to stand part of the Bill.
Clause 77
Power to require certain planning data to be made publicly available
Matthew Pennycook
I beg to move amendment 66, in clause 77, page 87, line 3, at end insert—
“(4) On the day any regulations under this section are laid before Parliament the Secretary of State must publish an accompanying statement explaining the steps that the Government has taken to ensure that the regulations do not exacerbate digital exclusion.”
This amendment would require the Secretary of State to publish a statement explaining how the provisions in this Chapter do not exacerbate digital exclusion.
As we discussed in relation to development plans, Labour believes that a series of safeguards are necessary to ensure that the digitisation of the planning system does not have adverse consequences. One of the most adverse consequences that could arise from digitising the present system—we have already touched on it—is of course the exacerbation of digital exclusion, which several of the witnesses who gave oral evidence to the Committee highlighted as a concern. Digital exclusion is already a serious problem and one that does not simply affect a minority of the population. The Office for National Statistics estimates that 7.8% of UK adults have either never used the internet or last used it more than three months ago—that is 4.2 million people. The amendment seeks to address the digital divide in the context of the planning system.
When we discuss digital exclusion in the context of the Bill, it warrants saying, as my hon. Friend the Member for York Central did, that a democratic planning system that takes seriously the right of communities to be heard and to participate effectively in every aspect of development plan formulation can never be entirely digital. As Dr Hugh Ellis told the Committee:
“We can have as much digital information as we like, but we also need access to the arenas where decisions are made”.”––[Official Report, Levelling-up and Regeneration Public Bill Committee, 23 June 2022; c. 126, Q157.]
I make that point simply to stress that meaningful engagement with the planning process requires in-person access to key decision-making forums, and the Bill erodes that right in important respects. That is why we will seek to amend clauses 82 to 84 and schedule 7 in due course.
When it comes to planning data, it is evidently not the case that everyone will be able to access information digitally even once it has become more accessible, as the Bill intends. For some people, that might be because they are digitally literate but do not have the proper means to engage with online data, and that concern was raised by Jonathan Owen, the chief executive of the National Association of Local Councils, in his evidence to the Committee, who suggested the potential need for capital investment to enable remote communities such as his own to engage with online material. Otherwise, it might simply be because a small but significant proportion of the population would not be able to engage with online data even if they had the means of accessing it.
In short, digital exclusion is not merely about whether people can access the internet but about their ability to use it, and a small but significant proportion of the population struggle to do so. The most recent UK consumer digital index published by Lloyds bank estimates that 21% of adults—11 million people—do not have the essential digital skills needed for day-to-day life.
Matthew Pennycook
I very much agree that, potentially, some of the proposed reforms could exclude those on whom we rely most in our communities to engage with the planning process. My hon. Friend also touches on the wider point that digital exclusion is inextricably linked to wider inequalities in our society. It is more likely to be faced by those on low incomes, disabled people and, as she said, people over the age of 65. Indeed, so close is the link between digital exclusion and other facets of poverty that it has been argued that it should be considered a key index of deprivation.
Evidence collected by the Local Government Association found that when the pandemic struck, only 51% of households earning between £6,000 and £10,000 a year had access to the internet, compared with 99% of households with an income of over £40,000. Even when poorer households had access to equipment and the internet, they were less likely to have the skills to utilise it. Clearly, to the extent that the pandemic drove many aspects of life online in ways that appear to have stuck, albeit in many instances in a hybrid form, the problem of digital exclusion has correspondingly become more acute.
I fully appreciate that the challenge posed by digital exclusion extends far beyond the issue of access to and engagement with the planning system in England. I am also fully aware that there are a range of policy initiatives beyond the remit of the Department for Levelling Up, Housing and Communities that have been put in place to address the problem—for example, funding for adults to gain a first qualification in essential digital skills. Although, as you might expect, Sir Mark, we would urge the Government to do far more to reduce the prevalence of digital exclusion. However, in the context of the Bill, the fact that digitisation of the planning system is a key feature of it, and the rationale for that is in part boosting engagement and participation, we believe that the Government need to address digital exclusion explicitly. We believe that they should do so in two ways.
First, there should be an explicit recognition that digitisation should enhance more traditional ways of communicating with the public about local planning matters, rather than replacing them entirely. Even if digitisation of the planning system proceeds apace, many people will still want and need practical help and support with understanding and engaging with the system. Simply being furnished with the opportunity to access vast quantities of data online is unlikely on its own to encourage more people to get involved in local planning. Given the chronic lack of capacity within local planning authorities, peer-to-peer, face-to-face support is extremely challenging. But established formats for communication, such as site notices, which were referenced earlier, have a role to play. We believe that they should not necessarily be removed as requirements from the system.
Secondly, there needs to be a focus on ensuring that digitisation is as inclusive as possible. In the context of clause 77 and the other related clauses, that means a focus on ensuring that planning services, data and tools are accessible to all, including those without the confidence or skills to use digital. Amendment 66 is designed to force the Government to engage more directly with those issues, and it does so simply by specifying that on the day any regulations under the section are laid before Parliament requiring certain planning data to be made publicly available, the Secretary of State also publishes a statement on how the provisions do not exacerbate digital exclusion.
I appreciate that this is not the most elegantly crafted amendment, but the issue it seeks to tackle is a real one, and the need to do so is pressing if the Government are serious about making the planning system accessible to as many members of society as possible. As such, I hope that it will elicit from the Minister a clear response, and that the digitisation that the Bill will facilitate will not exacerbate digital exclusion. I hope that by implementing new data standards reporting requirements and transparency measures in the Bill, Ministers will be actively working to adhere to digital best practice and ensure that digital planning tools are built and designed to be easy to use for all, regardless of age or accessibility needs.
Mr Jones
I entirely agree with the spirit of the amendment. As we discussed previously, digital exclusion is an important consideration for the design of public services. The statement proposed by the hon. Gentleman would, however, be unnecessary. Currently, as we know, published planning information is often difficult to access. It is inconsistently presented and hard to use for everyone in the planning system. Too few of our constituents engage with planning. We want as many people as possible, and as diverse a range of people as possible, to participate in our planning system, and our digital reforms are central to this endeavour. We can all agree that in a world in which an increasing emphasis is placed on using digital services and tools by default, those who have to use alternative methods can be at risk of exclusion.
Tim Farron
This is a good and wise amendment that looks at the additional responsibilities placed on planning departments and how important it is that the Government ensure adequate resourcing for these new functions so that the digitisation of the planning system is performed adequately. It really opens a window on the wider issue that the hon. Member for Greenwich and Woolwich rightly highlighted into the staffing, resourcing and competence of planning departments across the country.
The Bill introduces many measures—perhaps many more than some of us would like. How frustrating will it be to developers, proposers, local residents, members of councils and local communities—everyone—if it turns out that the new powers and functions that might come about simply cannot be enacted? We see around the country a reduction in the quality of planning decisions, not because planners are not good people but because there are too few of them.
There is not the capacity for planners to go and spend a semi-formal hour with a potential developer or householder to scope out what may or may not be possible. That would save people putting in an application that was always doomed to fail, or ensure that an application is more likely to be in line with planning policy and the wishes of the local community. We get bad decisions that end up being appealed, which is more expensive for everybody and sucks all the energy out of that planning department when it should be focused on trying to preserve and promote the community’s priorities.
We will have many debates—we have had some already—about what planning provisions should be in the Bill and what powers local communities should have. It will all be pretty meaningless if there is no way whatsoever of ensuring that the new provisions are enforceable.
Mr Jones
In considering the thrust of the hon. Gentleman’s amendment, the Government recognise the need to ensure that planning authorities are well equipped and supported to successfully deliver these reforms. The Department has already adopted a joint approach with local authorities to modernise the planning system. Examples include the work to reduce invalid planning applications, the back-office planning system software projects and our local plans pathfinders.
We will continue to fund and run pathfinders and pilot projects to test and develop the standards, tools, guidance and templates needed by planning authorities. Central to that, we will work with planning authorities to ensure that the reforms and the legislative requirements we are placing on them work as we all want and intend. We therefore agree on the need to support planning authorities. That work is already under way and will continue. I am unconvinced that putting a vague requirement of doubtful enforceability into law would meaningfully add to that commitment.
Matthew Pennycook
I am glad the Minister understands the concerns that the amendment seeks to highlight. I welcome his recognition that local planning authorities need to be well equipped and supported to make the changes. In all honesty, I was not reassured by his answer, which I found to be quite vague. We know that, as has already been said, local planning authorities face real challenges in resourcing new capacity. That is a pre-existing problem. They are being given a set of new responsibilities and there has been no reassurance that we will get any additional financing for those new burdens. I do not intend to press the amendment to a vote, but we will come back to the issue of adequate financial resourcing for some of the changes that the Bill seeks to enact many times during its passage. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Mr Jones
The planning information that is currently published is often difficult to access, inconsistently presented and hard to use, limiting its wider usefulness. Clause 77, in combination with clause 75, changes that by requiring standardised information to be openly available to anyone for free. The Secretary of State will set the licence under which the information is to be published and regulations will specify the information to which the requirements apply. There is a limitation on the information that may be made available to ensure that sensitive data, such as where the planning authority has an obligation of confidence or where data protection legislation applies, cannot be subject to the regulations.
We believe opening planning data will drive greater productivity and efficiency levels across the housing, planning and land sectors, which will deliver significant benefits to a wider range of groups. Benefits include time savings, the development of new tools, and increasing accessibility to the information required for decision making.
Without accessible planning information, both local and central Government cannot make faster, better-informed decisions to meet the needs of local communities and understand national demands and challenges. Likewise, the development of innovative digital tools and services that better engage communities and allow planners to work more productively is hampered.
Open, consistent and comparable planning information will unlock a more transparent planning system where communities can better understand, contribute to and, as a result, have greater confidence in planning for their areas. I therefore commend the clause to the committee.
Question put and agreed to.
Clause 77 accordingly ordered to stand part of the Bill.
Clause 78
Power to require use of approved planning data software in England
Matthew Pennycook
I beg to move amendment 68, in clause 78, page 87, line 10, at end insert—
“(1A) On the day any regulations under this section are laid before Parliament the Secretary of State must publish an accompanying statement setting out—
(a) the reasons why the planning data software in question has not been approved for use by the Secretary of State,
(b) the steps that the Government has taken to ensure that the decision not to approve the planning data software in question does not undermine effective competition in the procurement of planning data software in England.”
This amendment would require the Secretary of State to publish a statement explaining why the provisions in this section were used to restrict or prevent the use of planning data software and setting out the steps taken to avoid the creation of a Government-granted monopoly in planning data software.
Clause 78 permits the use of regulations to restrict or prohibit relevant planning authorities from using software not approved by the Secretary of State. We have just considered one possible adverse outcome of the use of these powers, namely that local planning authorities who have purchased software and tools may find that in the future they are not approved for use and that their investment has been made redundant as a result. However, we are concerned that another adverse consequence might potentially flow from the use of the powers and that is the limitation of fair and open competition among software providers.
Amendment 68 would add to clause 78 a requirement that on the day any regulations under the clause are laid, the Secretary of State must publish an accompanying statement setting out, first, the reasons why the planning data software in question has not been approved for use and, secondly, the steps that the Government have taken to ensure that the decision not to approve does not undermine effective competition in the procurement of planning data software in England.
The effect of the amendment would not be to prevent the Secretary of State from exercising the powers in clause 78 but simply to ensure that the holder of that office properly justifies their use and has due regard to the need to maintain healthy market competition. The reasoning behind the amendment is that as benign as the provisions in clause 78 might appear to be, in the sense that taken at face value they are merely a means of rolling out new data standards and enforcing standardisation, they could, deliberately or inadvertently, create a Government-granted oligopoly or monopoly in planning data software. We believe the Government should be clear that the intention of the powers is not to foster an oligopolistic or even, dare I say, a monopolistic market in planning data software.
I appreciate fully that the Government are bound by public procurement rules, albeit ones that they intend to overhaul by means of the Procurement Bill that is progressing through the other place, and that within the general procurement framework there is a specific set of rules and handbooks for technology procurement. However, the powers in clause 78 strike us as so expansive, enabling Ministers by regulation to restrict or prevent the use or creation of software used by planning authorities to process planning data, that a further check to their use is required.
Assuming the Government do not wish to fetter rigorous competition in the planning data software market, amendment 68 should be an easy one for the Minister to accept and I hope to hear that he will do so.
Mr Jones
We wholeheartedly support the principle embodied by the amendment, although I think there may be a slight misunderstanding about the mechanics of clause 78. Clause 78 aims to ensure planning authorities are supported by modern software that complies with the requirements created by our digital reforms. We will set out clear criteria that the Secretary of State must then apply in deciding whether to approve any given software to which the regulations apply.
The expectations of the Secretary of State will therefore be public and clear before any software is submitted. Likewise, the reasoning of the Secretary of State’s decision to grant or withhold approval will necessarily be the compliance with those criteria. In that context, a statement on individual software decisions would be superfluous and could risk inappropriately disclosing commercially sensitive information. That could, for example, deter submission for approval, undermining the intention of the provision.
That brings me to the second aspect of the hon. Member for Greenwich and Woolwich’s amendment—the statement about the effect on competition in the software market. Regulations could not lawfully be made, nor could decisions lawfully be taken, under that power with the aim of conferring a monopoly. The Secretary of State cannot use the powers other than impartially between software suppliers to foster the innovative market our reforms are designed to achieve. The criteria for approval will be informed and refined by continuing—and continual—work with planning authorities and software suppliers on trial planning software. We have, for example, already funded planning authorities for the creation of new software and supported programmes for local authorities to improve their existing development management software.
We have started to engage with the technology sector through local authority-led pilots and pathfinders. We will continue to engage meaningfully with them and others to establish a realistic adoption timetable for any planning data software that the Secretary of State may wish to approve for use by planning authorities. I hope that provides sufficient reassurance to the hon. Member for Greenwich and Woolwich to allow him to withdraw his amendment.
Matthew Pennycook
I am grateful to the Minister for that response. I note that he only said that the clause would prevent the advent of a monopoly and not an oligopoly. I still worry, reading the text of the Bill, that we could inadvertently find that the Government restrict what software can be used by local authorities. That said, I welcome the clarification and reassurances that the Minister has provided. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Mr Jones
We have already discussed some aspects of the clause in relation to amendment 68. Many planning authorities are reliant on outdated and expensive software and systems that do not work with one another, forcing manual re-entry of information while locking that information away in formats that are not reusable. Clause 78 allows the Secretary of State to change that entrenched status quo. Without the right software to support processing standardised data, the benefits from the chapter across the planning system will be thwarted.
Clause 78 relies upon, and will therefore follow from, the introduction of data standards set under clause 75. Those data standards will take time to develop. The aim of our reforms is to create a virtuous circle whereby better software enables better information to be published, which in turn allows better tools to be developed for planning authorities. As such, it is not our intention to require approval for all planning data software. We will work with planning authorities and the technology sector to determine where and when the use of that power will most benefit the planning system. The clause enables the creation of the effective, high-quality system that the public rightly expect of Government at all levels. I commend clause 78 to the Committee.
Question put and agreed to.
Clause 78 accordingly ordered to stand part of the Bill.
Clause 79
Disclosure of planning data does not infringe copyright in certain cases
Question proposed, That the clause stand part of the Bill.
Mr Jones
The Government want to encourage innovation in the property technology sector. That is one of the key benefits expected from opening planning information to the public. The clause provides a narrow expansion of the existing protections against copyright infringement by planning authorities for the purposes of their statutory role in planning functions. It is primarily intended to put the position beyond doubt that any use of planning information by planning authorities and software developers in developing or maintaining software to comply with approval requirements under clause 78 does not infringe copyright. The clause is grounded in and maintains the existing scheme for the protection of copyright that allows the use of copyright works for statutory purposes. It does not prejudice the rights and protections afforded to copyrighted works, and supports the innovation for planning authorities that we all want to see. I therefore commend the clause to the Committee.
Matthew Pennycook
I have a few questions for the Minister about the three clauses. Clause 79 provides that a local planning authority that makes planning data available to a person does not, in doing so, infringe copyright if making the data available is necessary for certain purposes such as the development of planning data software. Will the Minister explain the rationale for restricting the circumstances where planning data will not be in breach of copyright solely to those purposes set out in subsections (1)(a) and (b)? Will he also comment on whether he foresees any other circumstances where it may be desirable for copyright to be limited, for example in relation to academic research?
Clause 80 stipulates that the Secretary of State may only make planning data regulations that contain provision within devolved competence of the Scottish Parliament, the Senedd or the Northern Ireland Assembly after consultation. I presume—the Minister can correct me—that legislative consent is not required for the provisions, but perhaps he could clarify what engagement his Department has had with the devolved Administrations about the planning data aspects of the Bill.
Finally, clause 81 provides definitions of key terms. Will the Minister confirm that the definition of relevant planning authority to include any public body with functions relating to
“planning or development in England”,
as laid out in paragraph (n)(i), covers community and parish councils, and neighbourhood planning forums? If so, what support, if any, will they be provided with to ensure that any plans or priority statements they produce conform with the regulations, given they are generally voluntary organisations?
Mr Jones
On the point about devolving planning to neighbourhood planning level, I expect that support will be provided by local planning authorities in that regard.
The hon. Gentleman also mentioned the type of copyright material that is in scope of infringement protection. Any information with the purpose of approving and maintaining or upgrading the planning software that falls under the definition of the planning data defined within the Bill, in which copyright subsists, is in scope of the power. One such example is architectural drawings, where the planning authorities are required to consult on new proposed developments.
The hon. Gentleman raised one other point. I am not able to confirm at the moment but will certainly write to him about the discussions that my predecessor has had with the devolved Administrations.
Question put and agreed to.
Clause 79 accordingly ordered to stand part of the Bill.
Clauses 80 and 81 ordered to stand part of the Bill.
Clause 82
Development plans: content
Rachael Maskell
I beg to move amendment 117, in clause 82, page 91, line 8, at end insert—
“(3A) After subsection (4) insert—
‘(4A) A local planning authority must review and update the development plan no less regularly than once every five years.’”.
This amendment would require local authorities to review and update the development plan at least every five years.
This is a probing amendment and I would be grateful for the Minister’s response. York has not had a local plan for 76 years—that is another issue that will no doubt come across the Minister’s desk—and I am trying to work through why that has been the case. There has often been a complex and rapidly changing political context in the city.
We seem to talk about local plans, development plans, minerals and waste plans, transport plans and so on as events, rather than in the context of a place’s evolution. Therefore, if there is a 10-year period—or even longer in the case of York—between plans being updated, the task is so great that it can be very challenging indeed. Thinking about how we can get some sequencing and timelines for how data is produced and how development and supplementary plans are put in place could improve the process.
I have some observations about why it has not worked in York and about the task ahead. For our city, the situation has presented many challenges because developers have taken advantage. It has caused a lot of difficulty over the years, but it has also dominated the political environment and destabilised our city, rather than stabilised the way forward.
I want to touch on the supplementary plans, which feed into the data, and to think about the pace at which things are moving forward. The local transport plan, which feeds into our development plan, dates back to 2011, and the data was gathered two years earlier, so it is already 13 years out of date. That is informing the local plan, which is being discussed with the inspectors is this week. Thirteen years ago, we did not have micromobility, e-scooters and e-bikes. Electric vehicles were not really a thing and bus services were very different. Even our major roads have changed over that time, and we have seen deepening congestion of late.
We now know that climate pressures are bearing heavily on our environment, whether in respect of housing, economic development or transport infrastructure. Anybody who was at the briefing yesterday with Sir Patrick Vallance will understand how pressing it is that we address the climate issue at this moment. Leaving plans for too long could mean that they are not responsive to the call of our time, particularly on climate issues. They will also not recognise the changing environment we are in. I have to hand it to the Government: some of the things they are putting forward on national infrastructure and housing are ambitious. Whether they can deliver is another question altogether, but they are certainly putting out a rapid change, and we need to reflect that in our planning system.
A supplementary plan that is 13 years out of date is not responsive to the logjams that we see in York today—the increase in the volume of traffic and the consequences of that on our air quality—and developments that have happened. We have an outline plan for the York Central site, with 6,500 jobs and 2,500 dwellings. We are talking about placing this new city within York in the middle of our old medieval city, as well as the infrastructure routes feeding into it, but with transport planning that is 13 years out of date, we will rapidly see that bringing all those cars into the city centre will just create a car park. Therefore, it is not responsive enough to the reality of what we are doing. At rush hour, York will come to a complete standstill, yet these supplementary plans are meant to inform what is happening.
I could talk about environmental plans and what is happening on flooding. Fortunately, we have been putting in mitigation to address the flooding challenges in our city, but the Environment Agency tells me that we have 17 years until we are challenged again, unless upstream infrastructure is put in place and we take water out of the rivers, improve soil quality and so on. We really need to think about the rapid changes and pressing issues that we face.
Therefore, we need some time. I put five years as a suggested time period for us to start thinking about how we move on to the next stage of our planning. That is why it is a probing amendment. I am trying to build a culture in our planning system of a thinking process, as opposed to having rigid timetables.
Our major routes around York will have an impact on the way traffic flows in our city, whether it is the dualling of the ring road or the widening of some of the A roads—not in my constituency but on the outside of York. At the same time, we have a city centre that has been declared car-free. That will have a massive impact too, with blue badge holders being locked out of their city. We have changes of routes through various parts of the city, building pressure and volume on some of the core routes through York.
It is important to recognise the pace of the change that is occurring and to think about how we can best address that in the planning system. We can do that through a timetable, and that is why I have said it is a probing amendment. We have to start addressing what is happening on the planet around us in the context of planning. In particular, I am thinking about scheduling and the evolution approach, as opposed to this being an event. It certainly will be an event in York if we do get that local plan over the line. [Laughter.] I am sure the Minister will want to come and celebrate with us all at that moment.
A conversation is needed about planning and about how we bring together our supplementary plans—our minerals and waste plan, and our local transport plan—in sequence for a local plan process. More thinking needs to be done. I thought it was necessary to table an amendment to make that point today and to see how the Minister responds, because this may be something we want to explore at later stages of the Bill.
Mr Jones
It is extremely important that local planning authorities ensure that policies in their plans remain up to date, so that they can effectively address the needs of local communities. We have certainly heard one example where the policy is not just out of date; it sounds like it has not been in date for some decades. That causes significant challenges, as has been outlined by the hon. Members for York Central and for Westmorland and Lonsdale.
In the current system, local planning authorities are required to review their plans once every five years from their adoption, as is set out in regulation 10A of the Town and Country Planning (Local Planning) (England) Regulations 2012. We have made it clear in the Bill’s policy paper that we intend to require, through regulations, authorities to update their local plans at least every five years. Although I fully understand the spirit of the amendment, these are procedural matters that have traditionally been addressed via regulations, and we intend to retain that principle. I therefore ask the hon. Member for York Central not to press her amendment to a vote.
Rachael Maskell
I am really grateful for the debate and for the Minister’s response. We all recognise the importance of development plans and supplementary plans in shaping our communities. Ultimately, we want the best for our communities and to make sure that providers that have profit in mind do not come and take advantage of an area, which is why such plans are really important. We must ensure that they are timely and kept up to date, and that they are of great use in shaping the future. Therefore, having a process whereby we start to think more about the evolution of our communities, as opposed to five-year or 10-year events that we have to race around to prepare for, is really important.
To get a different culture in planning, we need sufficiency. As my hon. Friend the Member for Greenwich and Woolwich said, we need to ensure that the resourcing is there for local authorities to do a proper job at planning, because if they can build a robust local plan and some of the supplementary plans, it protects them. It also protects their community and enables them to drive change—something I think we all want to see.
As I said, however, I tabled amendment 117 as a probing amendment. I am grateful for the debate. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Mr Jones
The Government want the planning system to be truly plan-led, to give communities more certainty that the right homes will be built in the right places. To achieve that, plans will be given more weight in decision making. They will be faster to produce and easier to navigate and understand. Currently, communities and applicants can face an alphabet soup of planning documents, leaving all but the most seasoned planning professionals pretty baffled.
The clause provides an important change to the definition of the development plan set out in section 38(2) of the Planning and Compulsory Purchase Act 2004. It outlines the elements that, collectively, will comprise the development plan for any given area of land. It replaces the terminology used to describe constituent documents to align with that used in schedule 7 to the Bill, as introduced by clause 87. It paves the way for a system without local development documents, local development frameworks, area action plans, and local plan part 1s and part 2s. Instead, we will have a simpler approach, with specific references to neighbourhood plans, local plans, spatial development strategies, supplementary plans, and minerals and waste plans, as defined in schedule 7.
That change will leave communities and applicants in no doubt about which are the key planning documents for an area, and will lay the foundation for the later reforms of the planning system through this Bill. I therefore commend the clause to the Committee.
Question put and agreed to.
Clause 82 accordingly ordered to stand part of the Bill.
Clause 83
Role of development plan and national policy in England
Matthew Pennycook
I beg to move amendment 86, in clause 83, page 91, line 28, leave out lines 28 to 30 and insert—
“(5C) But the development plan has precedence over any national development management policy in the event of any conflict between the two.”
This amendment gives precedence to local development plans over national policies, reversing the current proposal in inserted subsection (5C).
Mr Jones
I thank hon. Members for their contributions on the amendments. It has been a somewhat lively debate. I will miss the conversations that I have had week on week with my hon. Friend the Member for Buckingham, but I am sure that those calls from me to him will now turn into calls from him to me as he pursues me, probably weekly if not on a more frequent basis.
The amendments, which aim to make the same change to clause 83—namely, to ensure that development plan policies always take precedence over national development management policies—come from the collective commitment of the hon. Members for Nottingham North and for Greenwich and Woolwich to support local democracy in planning. However, it is the Government’s view that it would be counterproductive to amend the Bill as proposed. Clause 83 reforms decision making, strengthens the role of the development plan, including local plans and neighbourhood plans, in practice. It states that the relevant decisions, for example, on planning applications will only be able to depart from the development plan where
“material considerations strongly indicate otherwise”.
It would no longer be enough for those other considerations merely to “indicate otherwise”, something that can be exploited to override local decisions. This will be the biggest change to the basis of planning decision making since the early 1990s, and will ensure local and neighbourhood plans have greater primacy.
Mrs Emma Lewell-Buck (South Shields) (Lab)
I am curious as to whether the Minister can give us an example of what will be designated a national development management policy?
Mr Jones
I am not in the position to give the hon. Lady that example today. As she knows, such policies are often developed through the process of making primary legislation, and then are developed beyond the process we have before us today. I take her comment.
As part of the reform, we are also introducing statutory national development management policies. Those policies would sit alongside those in local plans when relevant planning decisions are made, with clear statutory weight. National development management policies will be primarily those nationally important policies used for making decisions. The hon. Member for South Shields should note that a current example is green belt protection.
There are several reasons why we think national development management policies are an important and positive reform. First, they will make it easier for local authorities to produce their local plans. By dealing with universal planning considerations nationally and giving them the same weight as the plan, local authorities will no longer need to repeat those matters to ensure they have sufficient force.
Secondly, introducing national development management policies means that local plans can focus on matters of genuine local importance to communities—saving time and money for authorities, and making plans more locally relevant and easier to use. Thirdly, it will be easier for applicants to align their proposals with national and local policy requirements—something which we expect to be of particular benefit to small and medium-sized builders.
Fourthly, it will provide greater assurance that important policy safeguards that apply nationally, or to significant parts of England, such as protections for areas at risk of flooding, policy on climate change, and policies to protect the green belt, will be upheld with statutory weight and applied quickly across the country, including when any changes are made.
That brings me to the heart of the issue outlined by the hon. Member for Greenwich and Woolwich about the national development management policy taking precedence over local plans. It is extremely important to reiterate that where we have local plans that become very out of date, it is important that the protections set out in national policy continue to be reflected in the decisions.
Finally, this framework of basic national policies can guide relevant planning decisions if a local plan is significantly out of date and cannot be relied upon in certain respects. Introducing national development management policies and giving them statutory weight is, therefore, important to creating much greater clarity around the role of national policy in decisions. Increasing this clarity is crucial to reducing the number of planning appeals local authorities face, and therefore reducing the number of unanticipated developments communities face on their doorstep as a result. That point has been made a number of times this afternoon. That clarity also reduces the cost associated with those appeals, enabling local authorities to divert their resources to planning positively for their area. I think I can safely say that that is an outcome that we all want to deliver.
The amendment deals specifically with what to do in the event of a conflict between national development management policies and the development plan when a planning decision must be made in accordance with both. As I have indicated, I believe the current clause is a necessary safeguard in situations where plans are out of date and important national policies on the environment or other matters need to be reflected fully in decisions.
To explain that more fully, some local plans are woefully out of date. We heard one example in Committee this afternoon and there are a number of examples across the country where the plans, although not quite as out of date as the one mentioned by the hon. Member for York Central, have been out of date since the 1990s.
Matthew Pennycook
How does the Minister believe that this clause specifically will address the fact that there is not sufficient coverage of local plans across England? How will the provisions in the clause incentivise people to take up a local plan if they have not already done so?
Mr Jones
We have just discussed a clause that will compel local authorities to put in place an up-to-date local plan every five years. What we are discussing here is making sure that, where we get outliers and places with out-of-date local plans, green belt protection and other such things can be maintained through the national development management policies. This is a crucial point. We wish to use national policy to drive higher standards where those standards at the moment are not as they should be, especially on the environment and to tackle climate change. It is important that those policies can take precedence in the event of conflict with the out-of-date policies in plans.
I would nevertheless expect such conflicts to be limited in future, because we are making it easier to produce plans—we have discussed a number of situations today in which that would be the case—and because the Bill makes sure that new plans will be drawn up consistently with national policies, including the new national development management policies.
As I said at the outset, I appreciate the strength of feeling on this issue. Last week, the previous Secretary of State, my right hon. Friend the Member for Surrey Heath (Michael Gove), published his response to the letter from the Chair of the levelling-up Select Committee in which clarification was requested on this question. I have spoken to the new Secretary of State, the right hon. Member for Tunbridge Wells (Greg Clark), who took office this week. His view is the same as that expressed in the letter. We will provide a copy of that letter to members of the Committee.
We are also committed to providing more information about how we expect national development management policies to work in the future, which is why we plan to publish shortly the prospectus I referred to earlier, if not as articulately as I could have, so that we can look at our approach to the preparation of that prospectus. We will welcome views from hon. Members. With those assurances, I hope that the hon. Member for Greenwich and Woolwich will feel able to withdraw the amendment.
Matthew Pennycook
Given how long the Minister has been in post, I do not blame him, but the arguments he makes in defence of clause 83(2), and proposed new subsection (5C) in particular, are the same ones we have heard over many months. Frankly, I do not think they stack up. I note with interest the points he made about the new Secretary of State taking the exact same view. I do not think his line that it would be counterproductive to amend this aspect of the Bill will hold.
I do not intend to press amendment 86 to a vote, because we will almost certainly come back to this issue on Report, but I just ask the Minister to go away and satisfy himself that the powers in subsection (2) are appropriate and justified. Will he think through, as the hon. Member for Buckingham said, not only the implications for democratic control of planning, engagement and scrutiny of planning, and the impact on trust and confidence in the planning system, which we know is an issue, but the implications in terms of innovation, undermining devolution deals and the legal delays that I am certain will come if the Government try to use this power? They will have to think about this issue again, and we will certainly come back to it on Report. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Matthew Pennycook
I beg to move amendment 98, in clause 83, page 91, line 30, at end insert—
“, subject to subsection (5D).
(5D) But any conflict must be resolved in favour of the development plan in an area if—
(a) if, in relation to it, regulations under section 16 of the Levelling-up and Regeneration Act 2023 have been made to provide for the town and country planning function and the highways function and any functions exercisable under the Environment Act 2021 of a county council or a district council that is exercisable in relation to an area which is within a county combined authority area to be exercisable by the CCA in relation to the CCA’s area,
(b) if, in relation to it, regulations under section 17 of the Levelling-up and Regeneration Act 2023 have been made to provide for at least one function of another public body that is exercisable in relation to an area which is within a county combined authority area to be exercisable by the CCA in relation to the CCA’s area,
(c) it has a joint spatial development strategy, or
(d) it is in Greater London.”
This amendment would place limits on the primacy of national development management policies over the development plan where a Combined County Authority had been handed planning, highways, environmental powers and at least one function of another public body under a devolution deal, in areas covered by a joint spatial development strategy and in Greater London.
This is a probing amendment. Given that the Government have just declined to accept amendments 83 and 57, and reconfirmed their intention to have national development management policies override local development plans in the event of any conflict between them at the point of determination, amendment 98 is designed simply to try to elicit from the Government whether they will consider allowing any specific exemptions to that general principle.
The amendment would do so by specifying that any conflict between an NDMP and a local development plan at the point of determination must be resolved in favour of the latter in an area where a combined county authority has had key powers transferred to it under a devolution deal, where a joint spatial development strategy has been agreed, or in Greater London. The idea is that an exemption from the primacy of national policy in the form of NDMPs would be the reward, so to speak, for agreeing a devolution deal with the full panoply of powers available or for engaging in strategic planning by putting a spatial development strategy in place—or, it should be said, for taking part in a new joint spatial development strategy across authority boundaries.
Let me explain my reasoning further by using the example of an area where an SDS or a joint SDS might be taken forward. As the Minister will know, once a spatial development strategy is in place, it provides for a strategic framework for the development plan or plans, which should in theory supersede or take primacy over NDMPs that the Government might happen to bring forward.
While we remain of the view that no local development plan should be made subordinate to national planning policies in the form of NDMPs, if the Government are determined to ensure that they are—it sounded that way from the Minister’s comments in the previous debate—we believe that they should at least consider exempting from that centralising approach areas that have proactively taken on greater powers, including powers to plan strategically, so that they can use them to the full to reflect local priorities and innovate, having regard to national policy but not being unduly constrained by it.
On that basis, I hope that the Minister will give our amendment due consideration.
Mr Jones
I thank the hon. Member for his amendment 98, which relates to higher-tier authorities with planning powers. During the debate on amendments 86 and 57, I set out our case as to why it may be necessary for national development management policies to outweigh the development plan in the event of a conflict. Amendment 98 would prevent that from happening where there is a conflict in an area covered by a Mayor or a combined authority.
I understand that the argument behind the amendment is that it would support our efforts to promote devolution by exempting Mayors and combined authorities from any situation in which national development management policies might have precedence over their own. While I understand that argument, it is not one that we are able to agree with at this point. It makes complete sense for Mayors and combined authorities to use their strategic planning powers to make policies that support proper planning in their areas, but it does not follow that those should automatically outweigh national development management policies, given what those policies aim to do.
National development management policies will be nationally important policies, such as for the green belt or flood protection, as I have already mentioned. It remains important that those are not duplicated through strategic plans, which should restrict the chances of conflict occurring in the first place, especially where plans have been kept up to date. More details on what national development management policies could look like will be set out in the prospectus coming this summer, which will also indicate the scope for policies in plans to address matters that are locally important, or of strategic importance in the case of a Mayor or combined authority.
The other arguments made in relation to amendment 87 also apply here. There will be occasions when circumstances arise that mean the Government need to make an urgent change. That became apparent during the pandemic, when we had to act very quickly to protect temporarily closed theatres and live music venues from the threat of development. In those circumstances, it is right that national development management policy is able to override the development plan, even where there is a strategic plan-making body.
I hope that the hon. Member for Greenwich and Woolwich understands those reasons and will withdraw his amendment.
Matthew Pennycook
The Minister will appreciate that I am, naturally, disappointed that the Government will not countenance any exemption from the precedence that clause 83 affords to national development management policies, but I do not intend to press the amendment to a Division. The root of the problem is the powers in clause 83, rather than the specific issue raised by the amendment. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss that schedule 6 be the Sixth schedule to the Bill.
Matthew Pennycook
I will be extremely brief because a Division is due in the main Chamber, but also because schedule 6 is largely a tidying-up exercise, amending the Town and Country Planning Act to add requirements for local planning authorities to have regard to material considerations in NDMPs when modifying or removing permission, granting outline permission, and enforcement and appeals.
However, reading the schedule prompted two questions in my mind. First, paragraph 12(b) to schedule 6 amends paragraph 8(2) to schedule 4B of the Town and Country Planning Act 1990 to insert paragraph (da), requiring neighbourhood development orders, which implement neighbourhood plans, to be in general conformity with NDMPs. Given that the Government are explicitly legislating in the Bill to ensure that neighbourhood development orders are consistent with NDMPs, can the Minister give the Committee a sense of what kind of national policies covered by an NDMP would have direct relevance to extremely local, sub-district plans, such that conformity with them needs to be required by the Bill?
Secondly, paragraph 15 to schedule 6 amends section 337(2) of the Greater London Authority Act 1999 to insert new paragraph (ca), which adds NDMPs to the list of matters that may require modification of the Mayor of London’s spatial development strategy prior to its publication. Given that the supposed thrust of the Bill is to enable greater devolution to regional authorities and leaders, could the Minister explain the rationale for making the London spatial development strategy subservient to centrally mandated policy?
Mr Jones
On the hon. Gentleman’s point about neighbourhood plans, as I have mentioned a number of times, a prospectus will be brought forward in the summer to explain how national development management policies may work. I urge him to wait and see those documents. When he sees the prospectus, he will no doubt provide a response. [Interruption.]
Alex Norris (Nottingham North) (Lab/Co-op)
It’s another leadership video, isn’t it? [Laughter.]
Mr Jones
I reiterate the point that I made with respect to amendment 98. For the reasons I mentioned then, national development management policies will be nationally important policies, and like those for the green belt and flood protection, it remains important that they are not duplicated, so that we restrict the chances of conflict occurring in the first place, especially where the plans have not been kept up to date. My hon. Friend the Member for Buckingham in particular mentioned a number of situations in which planning decisions had been made and overturned, and clearly policies conflicting can quite often be the reason why that happens. It is therefore extremely important that we try to restrict the chances of such conflicts. With that, I commend clause 83 to the Committee.
Question put and agreed to.
Clause 83 accordingly ordered to stand part of the Bill.
Schedule 6 agreed to.
Ordered, That further consideration be now adjourned. —(Gareth Johnson.)
Levelling-up and Regeneration Bill (Fourteenth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 14th July 2022
(2 years, 5 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 14 July 2022 - (14 Jul 2022)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Tim Farron (Westmorland and Lonsdale) (LD)
It is a pleasure to serve under your guidance today, Mr Hollobone. This proposal from the Government feels rather tin-eared, and the amendment—or something like it, at the very least—seems appropriate. It is good that the official Opposition have put forward a route that the Government could choose to go down.
It seems odd that there is not a worked-out process for properly scrutinising and consulting on national policy statements that could have huge ramifications for every part of this country. This is a very diverse country: we have four nations, and communities that are rural, urban and suburban. National planning policy could have many different ramifications on different communities.
I think of my own community, with 67 parish councils and the need for them to be involved and to understand the issues. Further north in Cumbria, we have the very live issue of Britain’s first new coalmine in 30 years potentially being given permission later this summer—we will wait and see about that. It will be hugely significant for the community it could impact directly, but it will also have a national impact. For us not to have a level of scrutiny and consultation for national plans—something that a local authority would be slaughtered for not doing with its own local plans—seems to be very wrong and, as I say, somewhat tin-eared.
It goes back to a theme that I have tried to develop throughout debates on this Bill, which is about trying to understand the motivation. It could be that the Government are just being tin-eared and have not thought this through properly. That is entirely possible—Governments do that. The question is, who is this for? Is this devolution? Is this empowering local communities? That is what the Government claim it is. Or is it just for the convenience of central Government? If there are national plans and a national planning framework allowing Government to take forward their central agenda without proper consultation of local communities—be they rural or urban or in any part of this country—that will meet with huge opposition, including in the constituencies of Opposition Members.
The Minister of State, Department for Levelling Up, Housing and Communities (Mr Marcus Jones)
It is a pleasure and an honour, as ever, to serve under your chairmanship, Mr Hollobone. I thank the hon. Member for Greenwich and Woolwich for tabling this amendment. The national development management policies are an important change to the system, and I understand the desire to ensure that they are properly considered.
The amendment has three elements: consultation, parliamentary scrutiny and policy review. I will deal with each in turn. On consultation, the existing clause already imposes an obligation on the Secretary of State to ensure that such consultation and participation as are considered appropriate take place. The previous Secretary of State was clear in his comments to the Levelling Up, Housing and Communities Committee that consultation on the national development management policies will indeed be carried out. The consultation specified by the amendment is therefore unnecessary.
Moreover, we need to bear in mind the possibility that circumstances may occasionally arise in which the Government need to make urgent change. I heard what the hon. Member for York Central said earlier, and I would like to give her an example that became apparent during the pandemic of when we had to act quickly. Hon. Members will recall, during the first part of the pandemic, the significant issue with food supply. One of the decisions that was therefore made at a national level was to disapply planning conditions relating to the hours during which supermarkets could be served by delivery vehicles. Because of the way supply chains were at that point, it was extremely important to get food through to the stores. In those circumstances, it may not be feasible to do everything that the amendment seeks to do, for reasons that I hope she understands.
Mrs Emma Lewell-Buck (South Shields) (Lab)
In relation to consultation, the Minister just said that it depends on what the Secretary of State thinks is appropriate. Is there anywhere else in our legislation where things are left to the whim of a particular Secretary of State in that way? I cannot believe that the Minister thinks that is an acceptable way to conduct planning.
Mr Jones
I thank the hon. Member for her question. We need to look at what is being put forward today. Clearly, the passage of the Bill has some time to run, and we have to look at this issue in the context of the national planning policy prospectus that is being put out later this year so that hon. Members get a wider understanding, and I hope they will be able to respond to that.
Mrs Lewell-Buck
I thank the Minister for giving way again. Surely the prospectus should come first, before we consider implementing this legislation. It seems like things are being done in a completely back-to-front way, and I do not understand why. This is not a good way to make legislation.
Mr Jones
I understand what the hon. Member says, but clearly this process will take some time. There are other parts of the process that follow today’s proceedings and Committee stage. By the time we get to that point, I am sure hon. Members will have been able to see the national planning policy prospectus and understand it more fully.
Rachael Maskell
I am grateful that the Minister was able to produce an example of where a national planning decision would override a local plan, but he talked about logistics, which does not come into the local planning process. That example was operational—it was not actually to do with planning. Can he drill down to say when a national development management policy would override a local plan?
Matthew Pennycook
Further to that point, is the Minister seriously saying that a logistical issue about the opening times of supermarkets is the type of policy that will be covered by an NDMP?
Mr Jones
What I am explaining is an example of where powers need to be taken, sometimes at short notice, in the national interest.
To move on, let me turn to parliamentary scrutiny. I have listened to the debate with interest, and I appreciate the points that have been made. The existing provisions for scrutiny of national policy statements, on which I believe the amendment has been modelled, play a particular role, given the way that those statements provide a framework for decisions on nationally significant infrastructure projects, which are decided by Ministers.
National development management policies will serve a broader purpose and will sit alongside policies in locally produced plans as the starting points for considering the suitability of development proposals. They will carry forward the role that successive Governments have played since the 1940s in setting high-level national policy that influences plans and decisions. The sort of things that we envisage them covering are standard policies—for example, avoiding inappropriate development in a green belt and areas at significant risk of flooding or coastal erosion; protecting nationally important habitats and heritage, and assets such as listed buildings; and ensuring that access for pedestrians, cyclists and people with disabilities or reduced mobility is taken into account when assessing development proposals.
As I have said, we have committed to consulting on national development management policies, and this is the first step in the process. The prospectus, which we will publish shortly, will set out more of our initial thinking on the scope of the policies, and the principles for their production. I am sure that the hon. Member for Greenwich and Woolwich will read that document with interest when it comes out, and I hope that it will provide further reassurance on our commitment to transparency and full engagement as we develop the policies.
As the national development management policies will be public, parliamentarians and the public may still hold the Government to account, in the usual way, for the content of those policies. The nature of national development management policies differs from national policy statements, so we believe that the clause strikes the right balance.
We will continue to keep national policies under review by listening closely to colleagues, to the public and to the evidence presented to us, as Governments of all complexions do as a matter of course. It is not clear to me that the amendment would necessarily fit into that context. I have listened to the strength of feeling during the debate, and I hope that the national planning policy framework prospectus, when published, and my response to the three major issues that have been raised in discussing the amendment, will reassure Members. I will continue to reflect on the issues that have been raised, particularly in relation to responses to the prospectus. I hope that the hon. Gentleman will feel able to withdraw his amendment.
Matthew Pennycook
I am extremely disappointed by the Minister’s response. The hon. Member for Westmorland and Lonsdale was right to use the phrase “tin-eared”. That is what the Minister’s response was, and I hope he will reconsider.
The amendment and the clause go to the heart of the problem with the Bill. Is it a vehicle to empower communities and their representatives, or to override them when the Government of the day think that is the appropriate thing to do? Where the Government fall on that question is clear from the Minister’s answer. Let me reiterate that the level of scrutiny that we are asking for is not excessive or inappropriate; it is a minimum public consultation requirement in the way that currently applies to local planning policies, and the same level of parliamentary scrutiny as for designated national policy statements.
The Minister’s response was very telling. He said: “Well, the Secretary of State”—the previous Secretary of State now—“has committed to consultation.” That is all well and good, and I hope the prospectus will come in the summer, but it is not about that or about what the previous Secretary of State said; it is about what the Bill says. The Bill says that a Secretary of State needs to consult on an NDMPs if he or she considers it “appropriate”. If a Secretary of State in a future Labour Government brings forward an NDMP, does not consult on it, and uses it to override a local development plan in a constituency of one of the Members now on the Government side of this Committee, those Members would be the first to cry foul the use of such powers. The clause guarantees only that a Secretary of State needs to consult if he considers it appropriate.
On parliamentary scrutiny, the Minister said that NDMPs are different from national policy statements because they have a broader purpose. If they have a broader purpose, surely there is all the more need for basic parliamentary accountability and scrutiny, in the way that currently applies to such statements under the Planning Act 2008.
I am extremely disappointed by the Minister’s response, as he can tell. I hope that he will go back and reconsider this issue and those that we raised in the debate on clause 83, because we will certainly discuss these matters again, if not on Report in this place, then in the other place. I will not press the amendment to a vote, but I urge him to reconsider. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Mr Jones
Clause 84 provides the statutory basis for national development management policies in England. As they will play an important part in the planning process, the clause puts a necessary safeguard in place: they must be designated by the Secretary of State so that their status is clear, they must relate to the development or use of land and, most importantly, they must be subject to appropriate consultation before they can have effect.
The clause is necessarily broad in scope so that national policies can address the various planning considerations that apply across the country, from basic policies for protecting the green belt to those for avoiding areas of high flood risk. That will free up local plans to focus on matters of local importance.
We intend to consult fully on the scope and content of these policies before they are first introduced to ensure we have heard a wide range of views before deciding what is best set out at a national level, and before deciding what the policies themselves will say. Alongside clauses 83 and 84, they will be instrumental in making it easier to prepare local plans that reflect communities’ priorities for their areas while providing a sound basis to address the general planning considerations that apply across the country. I therefore commend the clause to the Committee.
Question put and agreed to.
Clause 84 accordingly ordered to stand part of the Bill.
Clause 85
Contents of the spatial development strategy
Matthew Pennycook
I beg to move amendment 93, in clause 85, page 92, leave out lines 26 and 27.
This amendment would remove an additional legal test within London’s Spatial Development Strategy that could preclude the insertion of policies which contribute to the effective strategic planning of Greater London but would also apply to other urban areas or are not specific to Greater London.
Tim Farron
I am very concerned about this part of the Bill. If we ask people in England which part of our country has the most autonomy and sovereignty and is listened to the most, most of them will say London—and they would be broadly right. It is really concerning to any person in this country who cares about genuine devolution and the empowerment of local communities that the part of England with the most powers devolved to it is having many of those powers curtailed, qualified and restricted by the clause, and the amendments are important because they put a spotlight on that issue.
Some of the language around levelling up may in fact be divisive, because it is about setting ourselves against one another. Rural communities are the poorest and most needy in England, but there is much that binds us all together. We need to consider ourselves as a United Kingdom and to make common endeavour, but we can do that only if we trust one another, give communities genuine sovereignty and power, and trust them.
Again, there is a theme with the Bill: it is about levelling up and devolution in name, but in reality it is about a lack of trust in the local electorate, local communities and local leaders—in this case, the Mayor of London. Anybody in this country—in England at least—who is concerned about their autonomy, their sovereignty and the devolution they want for their community should be deeply concerned about this proposal and should stand in solidarity with communities in London, who seem to be having theirs curtailed in the Bill. That is the opposite of levelling up and the opposite of devolution, and it increasingly sounds not like devolution but like delegation.
Mr Jones
Clause 85 reaffirms the vital role of the London plan in setting strategic policy for the capital. However, the London plan is intended, and was originally designed, to deal only with matters of strategic importance in London. Those are limits to which the London plan has not always strictly adhered, and it now often touches on matters that no one would consider as strategic in nature, but rather as instances of applying the strategy.
Let me give an example of where the Mayor of London has overstepped that strategic objective. Policy H16 in the London plan refers to laundry, bedding and linen services, which do not seem overly strategic. The inclusion of non-strategic matters means that the London plan is far lengthier and more detailed than it needs to be—the current London plan is over 500 pages long. Not only does that increase the time taken to produce it, but it makes it more complicated for the people of London to work out what policies apply in their area and how those interact.
One of our most important objectives in reforming the planning system is to give a distinct and clearly defined role to each part of the development plan. By clearly specifying that the London plan must cover matters of strategic importance to London, we are making the plan’s role and its relationship to individual local plans easier to understand.
The text that amendment 93 proposes to remove also underlines that policies should relate to the particular characteristics or circumstances of London. During the preparation of the London plan, there is nothing in the Bill that would prevent the Mayor of London from considering matters that affect London but relate to areas outside Greater London. However, I hope we can agree that the policies themselves should relate to the area for which the Mayor has jurisdiction. Likewise, on amendment 94, it seems entirely reasonable that any policy included at the level of the London plan should have more than a local impact. Otherwise, it would be properly a matter for the appropriate local planning authority’s local or supplementary plans.
On that subject, under the provisions in the Bill, the Mayor of London may prepare a supplementary plan relating to design matters for the whole of Greater London, and amendments 91 and 92 concern that new power. I agree entirely with the intention behind amendment 92, but the amendment is needed to achieve that aim, because the Mayor’s supplementary plans will be part of the development plan, and schedule 7 inserts proposed new sections 15CA(5)(g) and 15CC(8), which provide that, in preparing local and supplementary plans, London boroughs—as local planning authorities—must have regard to the development plan.
Turning to amendment 91, supplementary plans provide local planning authorities with the flexibility to bring forward policies for specific sites, or groups of sites, quickly—for example, in response to a new opportunity that had not been identified in the local plan, or to set design standards too detailed for the local plan itself. They are not intended to supplant the primacy of the local plan or to circumvent the fuller process to which local plans will be subject. Supplementary plans are therefore primarily intended as a tool for local planning authorities to set more granular policies. Allowing the Mayor to set such policies would be contrary to the strategic—rather than locally specific—role of the Mayor. The Mayor’s role should be in setting design standards on a London-wide basis.
That is what the Mayor’s supplementary plan power provides for, while not precluding the Mayor from producing guidance on particular planning matters—a tool that I understand he has made good use of. However, the Mayor of London does not allocate sites in the London plan. Therefore, the ability to produce site-specific supplementary plans is not necessary. In the same way, in the current system, the Mayor does not produce supplementary planning documents.
That leads on to the effect of amendment 97. The London plan has never been able to allocate specific sites. It will retain its ability to identify broad locations for development, which will inform site allocations in individual local plans produced by London boroughs. Local plan making is the correct level at which to allocate individual sites for development, as boroughs work closely with their communities to identify the most suitable sites.
The Mayor should therefore not be able to allocate sites for development through either a supplementary plan or the London plan itself. That preserves the defined roles for strategic planning relative to the local plan. For that reason, it would be inappropriate for the Mayor alone, as suggested by amendment 95, to determine what should constitute “strategic” across more than one borough. That is not to say that the Mayor’s opinion on what constitutes a strategic matter is not essential. However, it is legitimate for other organisations and people, including the boroughs and those examining the London plan, to take a view on the issue.
In addition—although I do not think we need to repeat our earlier debate on this point—we have included the requirement not to be inconsistent with, or to repeat, any national development management policy, to ensure that the whole planning system, from national to local level, is consistent. That allows those matters that are best dealt with at the national level to have status, without requiring repetition in the development plan, potentially at both the strategic and local plan level.
Finally, on amendment 96, we want to remove unnecessary obligations from plan makers. Removing the requirement for the Mayor to include statements on general spatial development aspects of their other strategies and policies does not bar the Mayor from so doing. It merely allows the Mayor to judge how far it would be helpful to do so. I hope we can agree that that is a more sensible position.
I am aware that I have spoken at some length on these points, but I hope that has been helpful for the Committee. In the light of what I have said, I hope that the hon. Member for Greenwich and Woolwich will feel able to withdraw the amendment.
Mr Jones
The Localism Act 2011 abolished regional spatial strategies, which acted as strategic plans for the regions of England. The exception was London, where the Mayor has retained the power to produce a spatial development strategy, better known as the London plan.
The London plan acts as the strategic plan for the capital, and local plans produced by London boroughs must be in general conformity with it. It sets out the planning framework for the capital, which includes the setting of a London-wide housing target broken down into individual housing targets for boroughs. It cannot allocate sites, but it can identify broad locations for development, the details of which are established in subsequent local plans. Local plans require closer consultation between plan makers and the people they represent, making them better placed to identify specific sites for development.
Since 2011, the power to produce an SDS has been extended through devolution deals to three mayoral combined authorities—Greater Manchester, the Liverpool city region and West of England—with the intention to give the equivalent power to West Yorkshire in the future. The Bill will expand the power to produce an SDS to all local planning authorities in England outside of Greater London and the mayoral combined authorities I have mentioned. Groups of authorities will be able to use the powers on a voluntary basis when they feel that they would benefit from such a plan.
Spatial development strategies are prepared by an elected Mayor or a combined authority to provide the strategic policies for the development and use of land in the area they cover. The Government wants the development plan system to be clear and efficient. By setting out clearly what a spatial development strategy can and cannot do, clause 85 will be instrumental in achieving a system that is easier to engage with.
Spatial development strategies enable a co-ordinated approach to planning across multiple local authorities and are an effective mechanism for resolving cross-boundary issues. The London plan has broadly been seen as a useful plan at that spatial scale, with each newly elected Mayor choosing to commence work on a new London plan shortly after entering office. It provides a clear and accountable mechanism for setting planning policy across London boroughs and for redistributing housing need across the city.
The London plan is intended to deal only with matters of strategic importance to London. However, that intention has not been strictly adhered to, as I mentioned earlier, and increasingly the London plan has included detailed development management policies on a range of issues that are not usually considered to be of a strategic nature. That increases the length and detail of the plan and the amount of time taken to produce it. It also means that the London plan encroaches on aspects of policy that should be dealt with at either local plan level or national level, which creates overlap between several types of plans and makes plans longer than they need to be.
The amendments made by clause 85 will ensure that the distinction between spatial development strategies and local plans remains clear. The clause will amend the provisions of section 334 of the Greater London Authority Act 1999 to update the permissible content of a spatial development strategy and will ensure that the purpose and scope of this type of development plan is clear.
In particular, at proposed new subsection (9), it is clear that a spatial development strategy must not be site specific, and nor can it be inconsistent with or repeat national policy. Proposed new subsection (9) also prohibits spatial development strategies from identifying particular sites, preserving that level of detail for the local plan, where such specificity is more appropriate. Unfortunately, only one member of this Committee is from London, but I am sure that the hon. Member for Greenwich and Woolwich would accept that his particular local authority knows local people on a more granular level than the Mayor does, because the Mayor works at a strategic level. Therefore it is a far better principle for the local authority to identify sites and make decisions on them.
The amendments made by the clause will mark a change to the current scope of the London plan and mean that it needs to be consistent with national development management policies. Proposed new subsection (2D)(b) introduces a new and additional requirement for strategic matters to be of strategic importance to more than one London borough. The clause deliberately uses the same wording as proposed new section 15AA of the Planning and Compulsory Purchase Act 2004, as inserted by schedule 7 to the Bill, which applies to the content of a joint spatial development strategy. The strategy can be prepared by partnerships of other local planning authorities around the country outside of combined authority areas, meaning that a spatial development strategy will have the same effect whichever system it is produced under. Again, that will help to clarify and demystify the planning system.
London plan policies would, in future, need to avoid conflict with national development management policies, which the Bill empowers the Secretary of State to prepare, and to be of strategic importance to more than one borough. The Levelling-up and Regeneration Bill will not affect how the Mayor consults on or gains approval for the London plan or the role of either the Mayor or the Secretary of State in relation to it.
Question put and agreed to.
Clause 85 accordingly ordered to stand part of the Bill.
Clause 86 ordered to stand part of the Bill.
Clause 87
Plan making
Question proposed, That the clause stand part of the Bill.
Mr Jones
The clause introduces schedule 7, which will replace the majority of part 2 of the Planning and Compulsory Purchase Act 2004, namely sections 15 to 37. Schedule 7 contains new provisions relating to different elements of the development plan—specifically joint spatial development strategies, local plans, minerals and waste plans, and supplementary plans. The details of those provisions will be debated throughout these sessions.
In summary, the proposed changes will ensure that plans are faster for local authorities to produce, easier for communities to navigate, engage with and understand, and more focused on things that matter locally. The reforms will support local planning authorities to produce local plans and keep them up to date—something that has proven challenging for many under the existing system. Local planning authorities and communities invest considerable time and effort in preparing local plans, but many plans take too long to produce. The average plan takes seven years, and plans are frequently out of date and can be difficult to understand.
Decisions on planning applications are meant to be plan-led, but in practice local plans cannot always be relied on for guiding decisions, especially when they are not up to date or do not set clear standards for development to follow. To make the system more responsive and flexible, local authorities will be given new powers to collaborate voluntarily with each other on joint spatial development strategies. They will also be able to introduce new policy at pace through supplementary plans.
There are two specific elements of the current plan-making system that the Government are not looking to retain. The first is the requirement for local planning authorities to produce a statement of community involvement. Such statements do little to drive meaningful dialogue with communities during plan production. Instead, the Secretary of State will produce guidance setting out much clearer expectations around how local planning authorities should engage people in the planning process.
Secondly, we do not propose to retain the duty to co-operate. The duty has been widely criticised as inflexible and burdensome, causing significant delays to the production of local plans. It will be replaced with a more flexible policy-based approach to addressing strategic issues that cut across authorities. That will be set out in a revised national planning policy framework in due course.
Matthew Pennycook
Just to check that I understood the Minister correctly, is he saying that the new flexible alignment test, which is to follow in the Bill, will come in only at the point that the NPPF is finalised in 2025? Is he saying that that is when we should expect this new test to appear?
Mr Jones
Clearly we will need to ensure that the new test is workable. We will have to consider that very carefully, and we will no doubt consult on it. I will need to come back to the hon. Gentleman about the timeframe in order to provide him with that information. However, given the important changes that this clause enables us to introduce, I commend it to the Committee.
Question put and agreed to.
Clause 87 accordingly ordered to stand part of the Bill.
Schedule 7
Plan making
Matthew Pennycook
I beg to move amendment 112, in schedule 7, page 224, line 14, after “authorities” insert “or county councils”.
This amendment and amendment 113 would enable county councils to prepare joint spatial development plans.
Tim Farron
This is an important part of the Bill. I am comfortable with much of the direction that the Government seek to go in, but if we are to offer the power to develop joint spatial development strategies, it should be to everybody. I will make particular reference to national parks in England and the duty to consult with them.
It is worth bearing in mind that national parks are quasi-local authorities. In many ways, they have the functions of a local authority, particularly when it comes to planning and some other associated issues. They do not have council tax-raising powers and they are not directly elected in any shape or form in England or Wales. In Scotland, there is an element of direct election to the national parks.
I will make two suggestions. First, the needs of national parks and areas of outstanding natural beauty are significant. They are parts of the country that we have collectively decided are so important that they need to be protected for environmental reasons, to provide education and enlightenment about our heritage and our culture, and to protect the communities within them. I am especially concerned about that latter point.
In national parks, decisions are made about housing, planning and development that have a huge impact on the lives of the people who live within them. The Lake District national park has between 40,000 and 50,000 full-time residents, a not inconsiderable number of people whose lives are affected by an unelected authority. By the way, the national parks do a great job—I have a lot of time and praise for what the Lake District national park and the Yorkshire Dales national park in my constituency do—but it is not true to say that they make their decisions entirely democratically.
When we are consulting and imposing a duty to consult, we must have a duty to consult the national parks. They must not be considered things to be overlooked, and communities must not be overlooked. We need to remember that decisions made about affordable housing and allowing farmers to do something on their farms that might enable them to diversify and to provide a home for agricultural workers, or a home for a farmer to retire into so that a young farmer can come and take their place, are often decided by people who do not live in the national park and who are not elected by the local community.
It would be interesting if the Minister could reflect on the extent to which the Government might consider learning from the Scottish example, whereby a number of members of national park authorities are directly elected. When we place a duty to consult, which means that we bring in the national parks, we should consult people who are there representatively, who are democratically elected and who are there to speak on behalf of the community. If we do not do that, the national parks will continue to be considered simply places for people to visit, not places for people to live. It is essential that we consider the living, vibrant communities of our national parks, as well as the fact that they are huge assets for the nation as a whole.
Mr Jones
Although I understand the reasons for the amendments, our intention is for the reformed planning system to be district-led. As we have discussed previously, we do not want to see planning or any other powers being drawn upwards as a result of our reforms. As such, joint spatial development strategies need to be driven by the authorities closest to their communities.
We agree that county councils should play an important role in the plan-making process. They will have significant influence over the development of a joint spatial development strategy, and we envisage that they will be closely involved with its day-to-day production. To make sure that happens, we are giving them the formal status of statutory consultee so that they can bring their experience and expertise in a range of issues, particularly highways, transport, flood mitigation, education and the rules on waste, to the creation of a joint spatial development strategy. Planning inspectors examining the joint spatial development strategy will want to see evidence of work on those key issues and to make sure that any views expressed by the county council have been properly taken into consideration.
The approach that we are proposing strikes a balance between ensuring that joint spatial development strategies are developed at the right level and ensuring that the views and expertise of county councils are part of the process. Likewise, in areas with an elected Mayor, we believe it is vital that the Mayor is formally involved in the production of a spatial development strategy, in order to provide clear and accountable leadership for it. That is why combined authorities should not be eligible to produce a joint spatial development strategy. In such cases, the Mayor, with the support of all the member authorities, can approach the Government to ask for spatial development strategy powers to be conferred on them as part of their devolution deal.
I hope that was the response that the hon. Member for Greenwich and Woolwich was looking for. His amendments seem to view spatial development strategies as a co-ordinating layer in the planning system. Amendment 102 seeks to resuscitate the duty to co-operate, which is widely agreed—most Conservative Members would agree, at least—to have been an ineffective mechanism, criticised as inflexible, bureaucratic and slow. That is why the Bill abolishes it. We can all agree that it is vital for local planning authorities to work together to make sure that cross-boundary issues are properly addressed. We expect them to plan for, and deliver, the housing and infrastructure our communities need. The planning system provides a number of mechanisms to assist them in doing so to which we are adding.
We intend to replace the duty with more flexible policy within the revised national planning policy framework, upon which we will consult. This will enable local planning authorities to address any issues of alignment during the preparation of a plan. At present, if an authority fails the duty its local plan must be withdrawn. The Bill also introduces a new requirement to assist with plan making, which we will consider more fully in due course. That will ensure the involvement of those who are vital to production of plans, including the delivery and planning of infrastructure. As such, joint spatial development strategies should not be seen as a co-ordinating function, replacing the duty to co-operate. I hope that the hon. Member for Greenwich and Woolwich will agree to not to press the amendments to a vote.
Matthew Pennycook
I am grateful to the Minister for that response. On the issue of mayoral combined authorities and combined authorities, I cannot say that I am entirely convinced. However, I note the detailed response he gave me to the amendment, and I will give it further consideration. On the issue of county councils, the Minister says that they will be closely involved. I remain concerned that not giving them equality of status will be harmful. I am aware that the Department is concerned that if we do not get county councils to bring resources to the table for the new joint spatial development strategies, it may have effects that the Government do not want.
On the issue of the duty to co-operate and the voluntary nature of those new powers, I remain concerned about what happens and how that impacts on the Government’s wider policy objectives in areas where authorities do not make use of the power when we have removed the only statutory arrangement to enable them to co-operate. I urge the Minister to go away and give that some thought. If the Minister is not comfortable reintroducing the duty for those who have not taken up those powers, will he at least think again about whether the incentive structure might be tweaked to ensure that the majority of areas make use of the powers? I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Ordered, That further consideration be now adjourned. —(Gareth Johnson.)
Levelling-up and Regeneration Bill (Fifteenth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 14th July 2022
(2 years, 5 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 14 July 2022 - (14 Jul 2022)
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Levelling-up and Regeneration Bill (Sixteenth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 19th July 2022
(2 years, 5 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 19 July 2022 - (19 Jul 2022)
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Rachael Maskell (York Central) (Lab/Co-op)
It is a pleasure to serve under your chairmanship, Mr Paisley. I want to add my support to these amendments. The issue seems to be that holiday destinations in particular have been hit by the Airbnb market. I am sure the hon. Member for Westmorland and Lonsdale will be hearing from many of his colleagues about the implications it has, whether they are from Cornwall or Devon, and it is now spreading across the country.
York has been hit, in particular over the pandemic. We have seen a 45% increase in Airbnbs over that period, and it is hitting our communities hard. According to today’s figures, there are 2,068 Airbnbs in my community. We are seeing an extraction economy, where money is being taken out of our local economy predominantly by people from London and the south-east, who can afford to buy these additional properties. They are clearly trying to make a profit, but it comes at the expense of our communities.
We have heard about the impact on public services and the local economy. Hospitality venues are now not able to open full-time for the guest economy, because they cannot recruit the necessary skills. It is skewing the whole economy and our public services, in particular care work, and that is now orientating into our NHS. It is jacking up the house prices in the area, and we are getting this heated housing market because demand is so great. We hear about people coming and buying six, seven or eight of these properties at one go.
The result of this increased demand is that local people are impacted. They are faithfully saving for their mortgage, but when they go to put an offer on a house, someone undercuts them by tens of thousands of pounds, because they know that they will get the return. Renting a property in York costs, on average, £945 a month. An Airbnb stay over a weekend costs £700. That is why we are seeing this massive reorientation. Section 21 notices are being issued to people in the private rented sector to move them on to make way for Airbnbs.
The undercutting of prices is also impacting on the regulated B&B and guesthouse market, and because Airbnb and second homes are not regulated, the health and safety is not there, and there are so many other checks that are not in place. A registration scheme, which I know the Department for Digital, Culture, Media and Sport is consulting on, is completely insufficient for addressing the challenge. It is a new challenge, and the Bill provides the Government with the opportunity to right the wrongs of what is happening and at the scale it is happening.
Creating these new classes would bring opportunity, but revenue can also be drawn from them. Many of the properties in question are classified under small business rates, so their owners do not pay council tax, but because they reach the threshold for small business rate relief, local authorities such as York are missing out on millions of pounds in revenue that they could get from such properties. It is therefore really important to categorise the properties and then look at how we use the categories.
I mentioned that in York we have 2,068 properties listed as Airbnbs; two weeks ago there were 1,999, so the number of properties that are going out to this new market is going up week by week. That is having a significant impact on York and York’s communities, so I trust that the Minister will not only support the amendment but engage in a wider discussion about what is happening to our communities, particularly in holiday destinations, so that we can ensure that, through this legislation, there is a suite of policies to ameliorate that market.
The Minister of State, Department for Levelling Up, Housing and Communities (Mr Marcus Jones)
It is a pleasure to serve under your chairmanship, Mr Paisley. The amendment and new clauses raise an issue on which the Committee touched when we discussed our proposal for a second homes council tax premium. As was said in that debate, we recognise the impact that a large and growing concentration of second homes and short-term holiday lets can have on communities.
The hon. Member for Westmorland and Lonsdale is charmingly persistent on this matter, not just for his own constituency, and I have some sympathy with his case. We know that in areas such as the Lake district, Cornwall, Devon and the Isle of Wight there are concerns about the impact of second homes and short-term holiday letting on the availability and affordability of homes for local people. I also know that the proliferation of short-term lets has affected our cities—we have heard the hon. Member for York Central talk about that, and I am aware that it is also an issue in Bath and London—which is why we are listening to local communities about the measures that they think will help to address the issues in their area.
Neighbourhood planning is an important tool in this context and, as I am sure we will discuss further, the Government wish to strengthen it. However, neighbourhood plans can already set policies concerning the sale and use of new properties in their area, including by limiting the sale of new homes for second homes and holiday lets. An example of this is in St Ives, where the neighbourhood plan, approved by local people, introduced a principal residence policy to prohibit the sale of new homes as second homes. Although the policy was challenged in the High Court, the court found in favour of St Ives and its policy. As such, I hope that the hon. Member for Westmorland and Lonsdale will agree that the changes he seeks to make with amendment 119 are already built into the neighbourhood planning system.
Rachael Maskell
I want to highlight the fact that the issue is not just with new properties; it is predominantly existing properties that are brought forward. To put such a policy into the planning process, as the Minister proposes, will address only part of the problem— the future problem—and certainly will not stop the market because it will orientate completely to the existing housing stock.
Mr Jones
I completely understand where the hon. Member is coming from. Clearly, this is about not just new builds but the wider property market. I will address that point later, but let me say now that we are aware of the issue and are doing a significant amount of work to understand the problem further and to work through the possible solutions with communities.
It is important that proposed solutions help to address the issues while avoiding unintended consequences. In that regard, I have some concerns about new clauses 38 and 39, which were also tabled by the hon. Member for Westmorland and Lonsdale. First, they risk increasing the burdens faced by local planning authorities throughout England by creating extra planning applications that they will need to decide. The issue affects different areas in different ways, so our view is that any solutions should provide tools that can adjust to local circumstances.
In addition, I am unsure why the proposal is that a change of ownership, rather than changing a property to a second home or a holiday rental, should trigger the requirement. That means that cases where the existing owner changes the property to a second home or a holiday rental would not be covered until the subsequent owner sought to continue that use. That adds a new test for local planning authorities to apply and monitor and adds complexity to the proposed use classes, in a way that could prove unhelpful.
Mrs Emma Lewell-Buck (South Shields) (Lab)
The Minister mentions a consultation that will end on 21 September. If it recommends putting what is being asked for into the Bill, will he come back and do that?
Mr Jones
For a number of days now, issues have been raised in Committee that it is right for us to reflect on. Clearly, 21 September coincides with the last day of this Committee’s considerations but, as the hon. Member knows, that is not the end of the process. I am not in a position to confirm what she asks for, but it is important that matters drawn to the Government’s attention in Committee are considered carefully. We will see what amendments are tabled on Report, by the Government and by Opposition parties. On that basis, I hope that the hon. Member for Westmorland and Lonsdale will withdraw his amendment.
Tim Farron
I beg to move amendment 120, in clause 88, page 94, line 27, at end insert—
“(aa) policies (however expressed) limiting new housing development in a National Park or an Area of Outstanding Natural Beauty to affordable housing;”.
This amendment would enable neighbourhood development plans to restrict new housing development in National Parks and AONBs to affordable housing.
Mr Jones
Although I entirely understand the desire of the hon. Member for Westmorland and Lonsdale for more affordable housing, particularly in national parks and areas of outstanding natural beauty, I fear that the approach he advocates would be counterproductive.
Clause 88 sets out what communities can address in their neighbourhood development plans. It already allows communities to include policies on the provision of affordable housing in their area, taking into account local circumstances. We recognise that delivering affordable housing in national parks and AONBs can be a challenge. To help address that paragraph 78 of the national planning policy framework includes a specific rural exemptions sites policy. It allows affordable housing to be delivered on sites that would not otherwise be developed to meet specific local housing need, and the majority of that housing will be required to remain permanently available to those with a local connection. In addition, in 2021 we published planning practice guidance to help bring forward more of those sites in the future.
Hon. Members will be aware that authorities in designated rural areas can set policies that contain a lower development threshold, above which affordable housing can be sought. That threshold can be between one and five units, compared to a threshold of 10 units in other areas. We will be consulting on how the small sites threshold should work in rural areas under the infrastructure levy.
New clause 40 would enable planning authorities for national parks and AONBs to mandate that new housing under their jurisdiction is affordable and to define “affordable” for that purpose. Authorities are already empowered to set policies in their local plans that require developers to deliver a defined amount of affordable housing on market housing sites, unless exemptions apply. These policies are able to take into account local circumstances in setting the appropriate minimum amount of affordable housing to be delivered, which will vary across the country.
Under the infrastructure levy, we will introduce a new “right to require” through regulations, by which authorities can require a certain proportion of the levy to be delivered as on-site affordable housing. That will be in addition to the rural exemptions sites, which I have already outlined. The revenue from market housing is vital for delivering affordable housing and other vital infrastructure, with over 24,000 affordable homes being delivered through developer contributions in 2020-21. As we will discuss, the new infrastructure levy has been designed to deliver as much on-site affordable housing as at present, if not more. Requiring only affordable housing could therefore reduce the amount of affordable housing obtained in these areas by making market development unable to proceed at all. Ultimately, that would make the affordability challenges in those areas worse rather than better. As such, although the concerns raised by the hon. Member for Westmorland and Lonsdale are valid and the Government are taking them seriously in our design for the infrastructure levy, I hope he will agree to withdraw his amendment.
Tim Farron
Just to be clear, the wording of the amendment means that it would enable national parks to do these things, and they can choose not to if they wish. If we are about respecting local communities, then what we do is about giving people power, not telling them what they must or must not do. For the Government to not support what I am proposing is effectively removing that choice from them.
I hear what people say about the impact on neighbouring communities. It is worth bearing in mind that national parks are—rightly or wrongly—made up of people from a whole range of different backgrounds. The people who are placed on national parks include those appointed by a Secretary of State, people from parish councils within the national park, and the principal authorities that make up that national park, which also cover areas that are not in the national park. At the moment, most of the area that Cumbria County Council covers is not a national park. It includes larger towns and, indeed, one city within Cumbria, which are not in the national park. Likewise, the district councils also have representatives, and not one of those district councils is majority national park in terms of population, so there is that understanding of the impact beyond the boundaries of a national park.
I understand what the Minister says about the importance of the revenue raised by market housing, but the evidence we see with our own eyes in communities like mine is that when communities can bank on new developments being affordable, we suddenly see a huge reduction in build costs, because landowners will give up land for significantly less than they would have done otherwise. Build costs reduce, and the whole community tries to find ways to achieve things. It is very similar to what has happened in my area with rural broadband—communities can deliver broadband much more cheaply than BT because, as it turns out, landowners are quite happy to allow a bunch of people to dig trenches as part of a community effort. People will do that for nothing, whereas they would not do that for a commercial enterprise. So that does not undermine the case at all.
The evidence I have brought before the Committee—the Rural Services Network stating and showing evidence that, on the Government’s own metrics, rural England is more in need of levelling up than any of the geographical regions of England, even the poorest of them—tells us that we have to do something to tackle the need. This amendment is one way in which that could be done. I understand, however, and was interested in, some of the things that the Minister said, so I will not press it to a vote at the moment. I would love to see further action from the Government to address the issue in the coming weeks. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Rachael Maskell
I will be brief, Mr Paisley. We have just been talking about affordability, and I am sure that the Minister is listening carefully to our considerations and the different challenges we face across our communities. It is so important to be able to develop good, sustainable communities in the future. The amendment simply seeks to take that to the next level and enable neighbourhood planning processes to ensure that 100% affordability is built in to include social development, which is so important to building sustainable communities. We clearly do not see that at the moment. My amendment therefore speaks for itself.
New clause 41 would get there by a different route, so I am supportive of it, because I am trying to find a solution to the issue of affordability, which so many of our constituencies struggle with at the moment. I will say no more on that, but I trust that the Minister has heard and will respond appropriately.
Mr Jones
I understand that the hon. Member wants to see more affordable housing delivered, but I do not agree that the amendment is necessary to achieve that objective. The Government remain committed to neighbourhood planning, and the reforms in the Bill will ensure that neighbourhood plans continue to play an important role in the reformed planning system.
The clause sets out what communities can address in their neighbourhood development plans. It already allows communities to include policies on the provision of affordable housing in their area, taking into account local circumstances. New clause 41 seeks to enable local authorities to mandate that new housing under their jurisdiction is affordable, and to define “affordable” for that purpose. I entirely understand the desire for more affordable housing, but the approach that is advocated through the new clause would be somewhat counter-productive.
Local authorities are already empowered to set policies in their local plans that require developers to deliver a defined amount of affordable housing on market housing sites, unless exceptions apply. Such policies are able to take into account local circumstances in setting the appropriate minimum amount of affordable housing to be delivered, which will vary across the country. Under the infrastructure levy, we will introduce a new right to require in regulations, through which local authorities can require a certain proportion of the levy to be delivered as on-site affordable housing.
The revenue from market housing is, as I said, vital to delivering affordable housing, and we have already provided 24,000 affordable homes through developer contributions during 2021. In addition, the new infrastructure levy will help to deliver more on-site affordable housing than at present. I hope that, with those reassurances, the hon. Member will withdraw the amendment.
Rachael Maskell
I listened intently to what the Minister said. It does not fully satisfy me or answer the inquiry that I am making in the amendment, because he simplifies the ability to achieve the objective, which we know is not happening at the moment with the provisions that are in place.
I will withdraw my amendment today. However, I trust that we can perhaps look at this matter at a later stage of the Bill, in order to achieve the objective I am seeking. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Rachael Maskell
I beg to move amendment 132, in clause 88, page 95, line 4, at end insert—
“(e) in areas of historical, cultural or environmental sensitivity, requirements intended to ensure that development is in keeping with the proximal environment.”
This amendment would enable neighbourhood plans to require that development in areas of historical, cultural or environmental sensitivity is in keeping with the surrounding environment.
I will again be brief, because my amendment is self-explanatory. In an area such as York, the development of part of the city can impact on the whole city. As I have previously mentioned, we are in an application at the moment for the tentative list of world heritage sites. Therefore, we want to ensure that the space in our city is built sensitively to best reflect our environment. That does not mean that it has to be identikit, just that we need to look at how we can build something that respects the historical, cultural and environmental sensitivities of an area such as York. We have a lot of development happening in York and many plans coming forward simply do not fulfil those criteria. I have spoken to Historic England and to archaeologists in the city, and they have deep concerns about the effect that new build could have, including detracting from our city’s incredible assets.
The amendment would also apply to the natural environment, ensuring that blend is built in with that. It does not mean that something new and vibrant cannot be developed, but it means that the sensitivities are considered. As a city, we are certainly interested, as I am sure many other places are, in how we can ensure that developers build according not just to their own desire, but to address the local sensitivities of an area.
Mr Jones
I thank the hon. Member for York Central for tabling the amendment. I understand that she wants to ensure that communities can protect their cherished local environments from harmful development. However, I do not agree that the amendment is necessary.
Under clause 88, communities will already be able to include policies that place requirements on new development to prevent it from harming sensitive areas. Furthermore, throughout the Bill we are already introducing measures to strengthen protections for our historic and natural environments, such as extending the protections for certain designated heritage sites, including a power to issue temporary stop notices, and moving to an outcomes-based approach in environmental assessment. On that basis, I hope that the hon. Member will withdraw her amendment.
Rachael Maskell
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Mr Jones
I fully understand why flooding is a matter of particular importance to the hon. Members for Kingston upon Hull West and Hessle and for York Central, as well as other hon. Members, given the flood risk in many constituencies and the devastation caused by flooding. It should concern us all across the House. Although they are linked by that concern, it makes sense to deal with each of the amendments in turn rather than all together.
I take amendments 2 and 133 first: since 2009, climate change adaptation and mitigation has been a key part of the planning system. The management and mitigation of flood and drought risks is a central component of that. We are already strengthening that through the Bill. Clause 88 amends existing legislation to put beyond doubt that neighbourhood planning groups should consider climate change adaptation and mitigation.
Furthermore, to support communities, in 2020 the Centre for Sustainable Energy published a guide to policy writing and community engagement for low-carbon neighbourhood plans, which covers flood and drought risk policy as well as mitigation techniques and infra-structure that they might wish to consider in their plans. Specific reference to flooding and drought in that provision would not strengthen the commitment but might unintentionally undermine focus on other aspects of climate change adaptation and mitigation. Our view, therefore, remains that the duty is most effective when it takes all the causes and effects of climate change together.
On new clause 2, managing flood risk is a Government priority. We are investing £5.2 billion to better protect 336,000 properties, alongside a range of actions to increase resilience to flood risk. Statutory guidance on the building regulations already promotes the use of flood resilient and resistant construction in flood prone areas. However, the building regulations system does not deal with the whole interconnected system of responsibility for managing flood risk. Drainage systems for new developments are already required to be built to a standard that minimises flooding. Those duties sit outside the building regulations system.
Furthermore, the national planning policy framework already makes it clear that inappropriate development in areas at risk of flooding should be avoided. Where necessary, there is an expectation that a development should be made safe for its lifetime without increasing flood risk elsewhere. In combination, I hope hon. Members will agree that the effect of the new clause is already provided for in wider systems in place for flood mitigation and protection.
Similarly, on new clause 3, we agree that communities should have access to the information they need to manage and prepare for their level of flood risk. That is why the Environment Agency publishes flood risk data and maps for England. Lead local flood authorities are also already required to have a strategy for managing flood risks in their area, which must include an assessment of local flood risk. All that information is already openly available to both insurers and householders. As such, I hope that hon. Members will agree that new clause 3 would not add to the existing provision of data.
Again, I hope the Committee will not be surprised that we agree with the intention behind new clauses 4 and 5. That is why, in July 2021, we committed to publishing a property flood resilience road map by the end of 2022 to ensure that all relevant bodies are playing their part, and that consumers have assurance about the quality of products and their installation.
The road map will set a national, strategic policy framework for property flood resilience and set out our—and the industry’s—approach to addressing the barriers to property flood resilience uptake. That includes exploring the best approach to ensure that property flood resilience professionals undertake work that meets industry standards, and establishing mechanisms to collect the evidence insurers need to recognise property flood resilience and factor it into their premiums.
As I have already said, we are clear that inappropriate new development in floodplains should be avoided, and must be made safe and resilient where they have to occur, without increasing flooding risks elsewhere. That is why Flood Re does not extend to homes built after 2009. Similarly, Flood Re was designed to provide available and affordable insurance for households. It does not cover businesses.
Business insurance operates differently to household insurance; it is often more bespoke, based on the individual nature of the business. In addition, Flood Re is funded via a levy on household insurers. Expanding its scope to cover businesses would require a new levy on businesses, which could result in businesses and therefore customers across the country subsidising profit-making organisations located near rivers or the coast, often to their advantage. That is one of the delicate issues that must be considered. Although it is undoubtedly an issue for some, there is no evidence of a systematic problem in accessing insurance for businesses with high flood risks. For businesses that experience problems, a number of innovative products are being offered to businesses by insurers.
Finally, on new clause 7, we have made important changes to the Flood Re scheme, helping to drive the uptake of property flood resilience. Regulations came into force in April that allow Flood Re to pay claims from insurers who pass flood risk on to the scheme. That includes an amount of “resilient repair”, up to a value of £10,000 over and above the cost of like-for-like repairs, to enable homeowners to return to their homes more quickly following a flood and to reduce the cost of future claims.
Build back better has deliberately been introduced on a voluntary basis. We aim to drive a cultural shift across the insurance market, raising awareness and demand for property flood resilience and helping to capture evidence on the benefits of property flood resilience to support future changes. Hon. Members may also be aware that customers of insurers covering more than 50% of the market are already able to benefit from Build Back Better. We continue to encourage more household insurers to participate in the scheme. In light of those assurances and explanations, I hope that hon. Members will be willing to withdraw the amendments.
Rachael Maskell
I am grateful for the debate. I thank the hon. Member for Westmorland and Lonsdale for highlighting the importance of the upper catchment management work, which is so necessary for mapping what will happen across other communities, and the Environment Agency’s commitment and the work it is doing in that arena.
My hon. Friend the Member for Greenwich and Woolwich hit the nail on the head when he talked about the importance of cross-governmental working, which is clearly not at an optimum at the moment when addressing issues around flooding. While the Minister has talked through a number of steps the Government are taking, I refer him back to the 2016 national flood resilience strategy, which highlighted the importance of co-ordination across Government and of ensuring that resilience was built into the system. That is not happening at the moment. As much as policy may aspire to that, it has further to go. The amendments are therefore still relevant as the Bill does not meet the requirements of the communities that currently flood, and those that will flood in the future as we see weather patterns change and risk increase.
I am not planning to press the amendment to a vote, but I hope the Government will reflect on it, and on my amendment about drought, because this is a significant and serious issue. Right now we recognise that as we move forward we need to build in how we have sufficient water supply. That will be increasingly important. I reserve the right to bring the issue back up on Report, and to give the opportunity to my hon. Friend the Member for Kingston upon Hull West and Hessle to table her amendments too. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Mr Jones
I understand that the hon. Member for Greenwich and Woolwich is keen to ensure that existing neighbourhood plans continue to be recognised in the reformed system, but I have to disappoint him by saying that I do not consider the amendments to be necessary. Clause 195 gives the Secretary of State the power to set out transitional and saving provision in regulations. The Government’s intention is to use those powers to limit disruption for communities preparing a neighbourhood plan under the current rules, and to ensure that they continue to have a role in decision making in the new system. We have listened to what Members have said about potential transitional arrangements, and we will in due course set out details of how we intend to transition to the new system of neighbourhood plans.
I fully agree with the hon. Member that more can be done to increase the uptake of neighbourhood planning in urban and deprived areas, but I do not agree that the amendment is necessary to achieve that goal. The Government are already taking action to increase uptake in such areas. New section 15K of the Planning and Compulsory Purchase Act 2004, inserted by schedule 7, introduces neighbourhood priority statements, which will provide communities with a simpler and more accessible way to participate in neighbourhood planning. The new neighbourhood planning tool will be particularly beneficial for communities in urban and more deprived areas that often do not have the capacity to prepare a full neighbourhood plan. In addition, we are running a pilot whereby we are able to provide additional funding to a select number of local authorities in under-represented areas to enable them to provide more help to neighbourhood planning groups in getting a neighbourhood plan in place.
I hope that with those reassurances, the hon. Member for Greenwich and Woolwich will feel comfortable withdrawing his amendments.
Mr Jones
As you have probably gathered during Committee sittings, Mr Paisley, I am not necessarily one for surprises, especially on such a hot and sunny day.
The Government support giving local authorities the full range of powers necessary to prepare robust plans. I can offer reassurance that that is our intention. The power as drafted will apply to those private sector bodies that authorities are likely to need to involve in plan making. Clause 90(6) sets parameters for which bodies can be prescribed. It requires them to have functions “of a public nature.” That might, for example, include utilities companies, which are privately owned but serve an important public function and should be proactively involved in the plan-making process. The clause does not exclude relevant private bodies where they are involved in public provision, but the amendments potentially extend the requirement to private landlords, voluntary groups and unrelated businesses, which would be disproportionate where those bodies do not have public functions that are likely to be relevant to plan making.
On alignment policy, the policy will require local planning authorities to engage with neighbouring authorities and bodies involved in their area. That will be covered in the future national planning policy framework. The power places the obligation on the bodies involved. I hope that with those reassurances the hon. Member for Greenwich and Woolwich will feel able to withdraw the amendment.
Matthew Pennycook
To surprise the Minister—it is the other way round—I am entirely reassured by his response. The language in the clause is about allowing for private infrastructure companies to be involved in the plan-making process in terms of the provision of information. That is what I took from what he said. I appreciate what the Minister said about the potential disproportionate impact from drawing in other types of bodies; that was not the intention. On that basis, I am content and beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Rachael Maskell
I beg to move amendment 135, in clause 90, page 96, line 30, at end insert—
“(3A) Where regulations under this section make requirements of a local authority that is failing to deliver a local plan in a timely way, the plan-making authority must consult the local community on the contents of the relevant plan.”.
This amendment would require, in the event of a local authority failing to deliver a local plan in a timely way, those taking over the process to consult with the community.
I will not labour the point because we have already had extensive discussions about the need to break the deadlock in the planning system. York is a very live example of that need: the local plan is going through a very painful process and we are absolutely determined to see the plan amended rather than being imposed. To break the deadlock and to be able to move forward, it is right that communities get a greater say. I do not plan to push the amendment to a vote today, but I trust that the Minister is hearing the importance of being able to engage with communities in order to get the right outcomes in the planning system, particularly where there is deadlock and we are on the naughty step, or at the special measures stage of the process.
Mr Jones
The amendment would modify clause 90 to support the more effective gathering of information required for authorities producing plans. However, its substance relates more to the plan intervention powers in proposed new section 15HA of the PCPA 2004, as inserted by schedule 7, and the importance of community engagement in plan making.
It is vital that communities are given every opportunity to have their say on draft local plans and supplementary plans. The English planning system already gives communities a key role so that they can take an active part in shaping their areas, and in doing so build local pride and belonging. We do not seek to challenge that; in fact, we are strengthening it through the Bill, and I have set out elsewhere how this will be achieved. Intervention powers have been used only sparingly in the past, and that is expected to remain the case under the plan-making system. However, they act as an important safety net and ensure that all areas can benefit from having an up-to-date local plan in place.
Rachael Maskell
I beg to move amendment 134, in clause 90, page 97, line 8, after “activities” insert—
“undertaken not more than 5 years from completion of the plan”.
This amendment seeks to ensure that material used in plans would not be older than 5 years old to still have relevance to the planning process.
In previous discussions, I have stressed the importance of ensuring that we have relevant and up-to-date information, made available in a timely way, to display the realities of situations as they stand, and we have suggested a timeframe for work around that. Circumstances change in the planning system, and I can think of a number of things that have changed in my own community—whether it is around transport planning in the area, population demographic changes or, indeed, situations like the one we are dealing with at the moment, where we are seeing a real change in the number of displaced people.
We think about the Afghans we cannot house: 12,000 of them have been in hotels for a year now. We were discussing the climate crisis earlier, and we know that 100 million people are displaced across our planet. Some of them will come to the UK and need housing. Things such as the Afghanistan crisis suddenly shift the dial, yet we do not have housing for these people. That is why it is so important to ensure that we are not relying on old information but have relevant and up-to-date information in our planning system, so we can break the deadlocks that can occur by being dependent on old data. The purpose of the amendment is to ensure that the planning system is more reflective of the now, as opposed to the past—a point that I have made a number of times. Unfortunately, that impacts on the outcome of the planning process.
Mr Jones
Clause 90 is about helping planning authorities to gather the information they need to plan effectively. It does that by requiring those organisations responsible for vital local services to assist in creating plans. We want to ensure that planning authorities can receive that assistance across a range of scenarios and issues.
I understand that the amendment is motivated by a desire to ensure that local plan evidence is up to date. Unfortunately, its effect would be to limit planning authorities use of this power to create effective plans. The amendment applies a blanket five-year time limit on the use of the power in clause 90 in advance of plan adoption, which makes it insensitive to the circumstances or type of information involved. There are many cases where it would be vital to include information gathered more than five years before a plan was adopted. For example, the character study of a conservation area might well be relevant for more than five years, as we have discussed in relation to the hon. Member’s constituency. The same goes for a utilities assessment based on information from energy networks, which work on different, longer term business planning cycles. If, for instance, the preparation of a local plan was delayed for any reason, the arbitrary time limit would prevent more information being taken into account, as the power needed to gather it could not be used.
The Government agree, however, that local plans should be backed by relevant and up-to-date evidence, which is why the evidence supporting plans will continue to be tested at the public examination. That is the place where any issues with the relevance of evidence can be addressed. I hope that with these reassurances, the hon. Member will seek to withdraw the amendment.
Rachael Maskell
I hear what the Minister is saying, but he raises an important point about the different business planning cycles that involve different factors. There is certainly a need for greater co-ordination to ensure that the relevant data is available in a timely way so that it is more synced with the planning process. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 90 ordered to stand part of the Bill.
Clause 91 ordered to stand part of the Bill.
Schedule 8 agreed to.
Ordered, That further consideration be now adjourned. —(Gareth Johnson.)
Levelling-up and Regeneration Bill (Seventeenth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 19th July 2022
(2 years, 5 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 19 July 2022 - (19 Jul 2022)
The Committee divided: - Ayes: 8 / Noes: 5 - Question accordingly agreed to.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Levelling-up and Regeneration Bill (Eighteenth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 6th September 2022
(2 years, 3 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 6 September 2022 - (6 Sep 2022)
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Chair
You are all very welcome. I am glad that our Galleries are swelling with even more Members; that is excellent. Welcome back after the recess, Committee. I have a few preliminary announcements. Please switch off your electronic devices or at least put them on silent. No food or drink is permitted, except of course for the water on the tables. If you wish to remove your jacket, please feel free to do so, as it is very warm today. Please provide your speaking notes to Hansard colleagues; you know the email address. And we will get right down to business.
Clause 99
Development commencement notices
The Minister for Housing (Mr Marcus Jones)
I beg to move amendment 74, in clause 99, page 116, line 27, leave out from beginning to “for” in line 28 and insert
“planning permission has been granted under section 70 or 73”.
This amendment corrects a cross-reference.
Mr Jones
As ever, it is a pleasure to serve under your chairmanship, Mr Paisley. I hope that colleagues had a good summer and, in many ways, are suitably refreshed and raring to go with our consideration of the Levelling-up and Regeneration Bill in Committee.
These three amendments are aimed at ensuring that proposed new section 93G of the Town and Country Planning Act 1990, which is created by clause 99, works as intended. The amendments propose two changes. First, new section 93G does not refer to the correct section of the 1990 Act as the basis for the grant of planning permission. Therefore, the two technical corrections set out in Government amendments 74 and 75 are considered necessary to make clause 99 legally accurate. Secondly, to ensure that references in new section 93G concerning when new development has begun have the same meaning as those elements set out in existing section 56(2) of the 1990 Act, a consequential amendment is required. This is set out in Government amendment 76.
Overall, the amendments will ensure that clause 99 works as intended, without ambiguity. For those reasons, I hope that members of the Committee support them.
Amendment 74 agreed to.
Amendments made: 75, in clause 99, page 117, line 25, leave out “58(1)(b)” and insert “70”.
This amendment corrects a cross-reference.
Amendment 76, in clause 99, page 117, line 29, at end insert—
“( ) In section 56 (time when development begins), in subsection (3), after ‘92,’ insert ‘93G,’.”—(Mr Marcus Jones.)
This amendment adds a consequential amendment to section 56 of the Town and Country Planning Act 1990 (which determines the time when development begins).
Question proposed, That the clause, as amended, stand part of the Bill.
Matthew Pennycook (Greenwich and Woolwich) (Lab)
It is a pleasure to reconvene after the summer recess under you in the Chair, Mr Paisley.
Clause 99 will insert proposed new section 93G into the Town and Country Planning Act 1990, as the Minister said. The new section will require those carrying out certain development types to serve a commencement notice to the relevant local planning authority before any development takes place. Such development notices will be required to outline the expected start date of construction, the details of the planning permission, the proposed delivery rate for the scheme, and other relevant information. The example in the explanatory notes accompanying the Bill suggests that this provision will most likely apply to large-scale residential schemes as a means, albeit a limited one, of preventing land banking and slow build-out by larger developers.
We welcome this sensible new duty. However, I would be grateful if the Minister provided further clarification as to what kinds of developments are likely to fall within the “prescribed description” bracket in subsection (1)(b) of the proposed new section and therefore be required to submit one of the new commencement notices.
Mr Jones
As I am sure the hon. Gentleman will appreciate, the description of the particular type of development he refers to will be dealt with in regulations and we will bring forward further details in due course. We will do so in consultation with both local authorities and industry.
Question put and agreed to.
Clause 99, as amended, accordingly ordered to stand part of the Bill.
Clause 100
Completion notices
Mrs Emma Lewell-Buck (South Shields) (Lab)
I beg to move amendment 170, in clause 100, page 118, line 31, at end insert—
“(3A) But notwithstanding subsection (3) the completion notice deadline may be less than 12 months after the completion notice was served if the local planning authority are of the opinion that—
(a) development has not taken place on the site for prolonged period,
(b) there is no reasonable prospect of development being completed within a reasonable period, and
(c) it is in the public interest to issue an urgent completion notice.
(3B) A completion notice may include requirements concerning the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of the completion period, and the carrying out of any works required for the reinstatement of land at the end of that period.”
This amendment would enable the issuance of completion notices withdrawing planning permission with a deadline of less than 12 months when certain conditions are met, and enable completion notices to require that building works be removed from a site or a site be reinstated to its previous condition.
Thank you, Sir Ian—Mr Paisley.
Matthew Pennycook
Very briefly, I congratulate my hon. Friend the Member for South Shields on this excellent amendment, which we support. She made clear that the problem she has highlighted of private plots lying derelict for extended periods of time with no real prospect of development being completed has a real impact on local communities. Allowing the 12-month completion notice deadline to be circumvented in the circumstances set out in the amendment, with the proportionate requirement set out in proposed new subsection 3B, is sensible and we urge the Government to consider it seriously.
Mr Jones
I listened closely and carefully to what the hon. Member for South Shields said. I am sure she knows that because of the role of Ministers in the planning system, I cannot discuss that particular situation in detail, but I can say that I am aware of such situations, even in my own constituency. I am sure there are similar situations across the country.
Amendment 170 relates to the proposed updated legislative framework for completion notices in clause 100. Those notices are an existing tool available to local planning authorities that can be served on developments that, in the opinion of the local planning authority, will not be completed in a reasonable period. We want to equip local planning authorities with the tools necessary to deal with sites that have experienced long periods of inactivity or slow delivery. That is why, through clause 100, we propose to modernise the procedure for serving completion notices to make them simpler and faster to use, giving more control and certainty to local planning authorities in the process. To achieve that, clause 100 will remove the need for a completion notice to be confirmed by the Secretary of State before it can take effect and allow for a completion notice to be served on unfinished developments sooner, providing the planning permission has been implemented.
Amendment 170 proposes two fundamental changes to clause 100. First, there would be a shorter completion notice deadline below the current 12-month minimum in certain circumstances. Those are where a local planning authority is of the opinion that development has not taken place on a site for a prolonged period; that there is no reasonable prospect that the development would be completed in a reasonable period; and that it is in the public interest to serve a notice.
While I support the intention, I remind the Committee that completion notices, when served by a local planning authority or the Secretary of State, must provide the recipient with an opportunity to complete the development. To put it another way, a completion notice requires a person to use or lose their planning permission. Therefore, that person must be afforded the chance to use the planning permission and complete the development before the granting of that permission is removed. Providing the opportunity to complete is a critical aspect of the procedure governing the use of completion notices and reflects the longstanding position that planning permission is a development right and that revoking that right should be subject to compensation.
Mrs Lewell-Buck
I thank the Minister. How long do developers have to complete if they are served a notice by the local authority?
Mr Jones
In the case we are talking about, the current minimum once a notice is served to use or lose planning consent is 12 months. Clearly, we think that that is proportionate in giving the chance for a development right to be used by the developer. The penalty for failing to complete the authorised development within a specified time period is the removal of planning permission for the unfinished parts of the development. The person served with a completion notice must have a reasonable period in which to finish development and avoid that outcome. As I have said, a period of 12 months is proportionate and gives developers a fair opportunity to deliver on their permission in full.
Mr Jones
I will in one moment. Half-completed developments can be complicated to complete. That minimum 12-month period is also consistent with other elements of the planning system and the approach to compensation. In particular, 12 months is the period given under section 108 of the Town and Country Planning Act 1990, where compensation is payable for the revoking of a planning consent granted under a development order.
Mrs Lewell-Buck
I thank the Minister for giving way again. What does he envisage would happen if somebody kept renewing their planning application? How is the Minister proposing to stop situations such as the one that I outlined in proposing this amendment?
Mr Jones
As I am setting out, there are a number of ways in which we will ensure that development gets built out as quickly as possible. That is important because, clearly, it is the expectation of communities for a planning consent to be followed through once it has been granted. I will continue to explain how that will happen, because the second change sought by the amendment relates to removing finished parts of a development, where a site could not be completed before planning permission was withdrawn, and restoring the land to its previous state.
I recognise the importance of being able to remove unfinished developments, and appreciate that the local planning authority should have the power to provide for that as a last resort. I remind the hon. Member for South Shields that powers are already available to planning authorities to seek the removal of unfinished developments. Section 102 of the Town and Country Planning Act 1990 enables local planning authorities to make a discontinuance order, which can, among other things, require discontinued use of land, alterations, or removal of buildings or works. Therefore, I believe the proposed change is unnecessary due to the powers that are available through existing legislation.
On that basis I hope that my comments have reassured the hon. Member and I hope, as she mentioned at the start of her comments, that she will not seek to divide the Committee.
Mrs Lewell-Buck
I do not seek to divide the Committee at this stage on this matter. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss that schedule 10 be the Tenth schedule to the Bill.
Mr Jones
As part of the measures in the Bill to provide greater transparency around the delivery of new development and to bring about the timely build-out of planning permissions, through clause 100 we will be speeding up, simplifying and modernising the framework for serving completion notices. The power to serve completion notices is available to local planning authorities in sections 94 and 95 of the Town and Country Planning Act 1990. The Secretary of State can serve notices under section 96 of the 1990 Act.
A completion notice may be served on a development that, in the opinion of the local planning authority, will not be completed in a reasonable period. The notice will set a deadline after which the planning permission will become invalid and, if development is not completed by that deadline, planning permission will be removed for any unfinished elements of the development. In effect, a completion notice requires a developer to use it or lose it.
At present, however, completion notices are rarely used, with only 13 notices served since 2011 and just three since 2014. This partly reflects the fact that they are, and should remain, a tool of last resort. However, local planning authorities should not be discouraged from using them where appropriate and where the existing process for serving notices is long, slow and unnecessarily complex. Completion notices, for example, cannot take effect unless until they have been confirmed by the Secretary of State. In practice, this requirement has added an average of three months to the process for the nine notices confirmed since 2011, the longest of which being over six and a half months.
Matthew Pennycook
Clause 100 would amend the provisions in the Town and Country Planning Act 1990 relating to completion notices. It does so by removing two requirements: that the Secretary of State must approve a completion notice and that the notice must be served only after the deadline for commencement of the planning permission has passed. We welcome these sensible revisions to the 1990 Act. I do, however, have two questions for the Minister, but I am more than happy for him to get back to me in writing if needed.
First, given that the changes sought by clause 100 are intended to work in conjunction with the new duty provided for by clause 99 on commencement notices, will the Minister explain why such notices are restricted to certain types of as yet undefined development, while the changes made to completion notice provision will continue to apply to all types of development? Secondly, subsection (2) of proposed new section 93H makes it clear that a local planning authority can serve a completion notice if it is of the opinion that the development will not be completed “within a reasonable period”—a power that in theory would allow the cases my hon. Friend the Member for South Shields just raised to be addressed in a timelier manner. Will the Minister clarify what is meant by “within a reasonable period”? If he cannot, can he tell us who will determine what it will mean in due course and whether there will be any limits whatsoever, given how ambiguous the phrasing is?
Mr Jones
On the first question, I will take up the hon. Member’s offer to write to him. To his second point, that reasonable period of time will be set out in guidance. The local planning authority will be the one to deal with the matter directly, rather than getting the Secretary of State involved. The authority will be able to determine how to deal with a particular situation by taking into account the factors relating to each development involved.
Question put and agreed to.
Clause 100 accordingly ordered to stand part of the Bill.
Schedule 10 agreed to.
Clause 101
Time limits for enforcement
Question proposed, That the clause stand part of the Bill.
Mr Jones
The Government are clear that effective enforcement action is important to maintain public confidence in the planning system. This chapter introduces a number of measures long called for by colleagues in this place to strengthen the enforcement powers of local authorities and to close loopholes. Local planning authorities presently have a wide range of enforcement powers, with strong penalties for non-compliance, to tackle such situations. While we believe that the current enforcement framework generally works well, we acknowledge that we could make improvements in a number of areas. We want to strengthen planning enforcement powers and sanctions, reinforcing the principle that unauthorised development should never be viewed as preferential to proper, up-front planning engagement.
Within the planning enforcement framework, there are statutory time limits for the commencement of enforcement action. It is necessary to have a statutory time limit to provide certainty when the passage of time means that enforcement action is no longer feasible. However, there are currently two time limits for commencing enforcement action, depending on the nature of the breach. For a breach of planning control consisting of building operations or the change of use to a single dwelling, the time limit for commencing enforcement action is four years. For any other breach of planning control, the time limit for commencing enforcement action is 10 years from the date of the breach.
Stakeholders have raised concerns that the four-year timeframe can be too short, and in some cases can result in opportunities to commence planning enforcement action being inadvertently missed. For example, a person may not initially raise concerns with their local planning authority, assuming that a neighbouring development has the correct permissions or will not cause disturbance. Should the development prove disruptive, they may then try to come to an agreement with the person responsible for the development. By the time they raise their concerns with the local planning authority, some time may well have passed. The local planning authority may not initially be aware of that, prioritising other investigations. When an investigation begins, it may then become clear that the time limits for commencing enforcement action have inadvertently passed.
The four-year time limit can cause frustration for communities, whose initial pragmatism may result in unauthorised, harmful development becoming inadvertently immune from enforcement action. The clause will bring the time limit to commence enforcement action in England to 10 years in all cases, either from the date of substantial completion or the date of the breach, depending on the specific nature of the breach. That will provide greater confidence to local planning authorities that they will have the time to take enforcement action, and indicate to the public that planning breaches are taken seriously and should never be viewed as a preferential approach to proper engagement with the planning system. I commend the clauses to the Committee.
Question put and agreed to.
Clause 101 accordingly ordered to stand part of the Bill.
Clause 102 ordered to stand part of the Bill.
Clause 103
Enforcement warning notices
Matthew Pennycook
I beg to move amendment 116, in clause 103, page 122, line 36, at end insert—
“(4) The Secretary of State must provide sufficient additional financial resources to local planning authorities to enable them to implement the provisions in this section.”
This amendment, along with New Clause 36, would require the Secretary of State to provide sufficient additional resources to local planning authorities to enable them to implement the changes required by Chapter 5 of Part 3.
Mr Jones
Clause 103 provides local planning authorities in England with a new power to issue enforcement warning notices. The notice invites a retrospective planning application for a development that does not have permission, but that may be acceptable in planning terms, or may be made acceptable by the imposition of planning conditions. It does this by stating the matters that appear to be a breach of planning control and stating that further enforcement may be taken if a planning application is not received within a specified period. This formalises a process that the majority of local planning authorities already carry out informally. Formalising the process brings certainty, such as by setting out the specified period for an application to be submitted, and it constitutes taking enforcement action, ensuring that the time limits for commencing enforcement action cannot inadvertently expire.
However, the use of enforcement warning notices by local planning authorities will be discretionary. It will not create significant additional resourcing burdens for local planning authorities. We recognise many local authorities have capacity and capability challenges. We will publish guidance to assist local planning authorities in using enforcement warning notices. Although we are not changing fees through the Bill, we intend to consult on proposals to increase planning fees to ensure that local planning authorities are properly resourced to improve their services.
Rachael Maskell (York Central) (Lab/Co-op)
The Minister is talking about local planning authorities being properly resourced. In York, we no longer have a chief planner. There are serious deficits in funding in our local authority. As hon. Friends have said, planning is often the first thing to be cut. How will the Minister ensure that they are properly resourced to take on these additional responsibilities?
Mr Jones
I thank the hon. Member for York Central for that important point. I have acknowledged that there are capacity and capability challenges. I have also acknowledged that the Government want to go further by allowing local authorities to bring in more income. We have discussed and put the principle out there of doubling fees for retrospective planning applications, which often put often unnecessary additional pressure on local authorities, if people would have put forward their planning applications in the first instance in the proper and usual way.
On new clause 36, effective enforcement action is important to maintain public confidence and trust in the planning system. The package of enforcement measures in the Bill will strengthen the enforcement powers available to local planning authorities. Generally, the provisions make the existing framework easy to use by enforcement officers and, as such, they will not create significant additional burdens or resource pressures for local planning authorities. The use of new tools, such as enforcement warning notices, is discretionary. We are also working with partners to deliver a capacity and capability strategy to support the implementation of our planning reforms so that local planning authorities have the right skills and capabilities to make creative decisions and drive forward ambitious proposals, and we are committed to new burdens principles.
For those reasons, we cannot accept amendment 116 and new clause 36. I hope the hon. Member for Greenwich and Woolwich is sufficiently reassured to withdraw the amendment.
Matthew Pennycook
I regret to inform the Minister that I am not sufficiently reassured. I note what he said about fees and about the strategy the Department intends to bring forward. Yet, what I hear time and again in responses to amendments that seek to press the Government on local authority resourcing is a seeming unawareness of how acute the problem is. The Minister referred to it in very diplomatic terms as capacity and capability challenges, but it goes way beyond that. Local planning authorities are under acute pressure, which has a direct impact on planning services in those local authorities and, because it is a discretionary service, on the enforcement part of those planning services.
I am concerned to hear the Minister say that he does not think the provisions in this chapter constitute additional work pressures. It seems to me that they do. When looked at in the round, the measures introduced in the Bill certainly constitute additional work pressures on departments. I am not going to press these proposals to a Division, but we will come back time and again to the issue of local authority resourcing, because planning is under acute pressure in terms of capability and skills, and the Government have to provide stronger commitments as to what they will do to address that. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Mr Jones
I beg to move amendment 73, Clause 104, page 123, line 19, after “authority” insert “or the Secretary of State”
This amendment extends new section 174(2AA)(b) to cases where the Secretary of State declined to determine an application for planning permission.
Clause 104 closes a loophole that currently allows those who have breached planning control two opportunities to obtain planning permission retrospectively, once by appealing an enforcement notice and once by appealing the refusal or non-determination of a retrospective planning application.
The amendment corrects a drafting error. The new provisions in clause 104 apply to cases where either the local planning authority or the Secretary of State is the decision maker. Subsection (2AA)(b) erroneously refers only to the local planning authority. The amendment corrects that error, bringing applications that are declined to be determined by the Secretary of State within scope of the subsection.
Amendment 73 agreed to.
Question proposed, That the clause, as amended, stand part of the Bill.
Mr Jones
The retrospective planning application process is a necessary part of the planning system. It allows those who have made a genuine mistake to remedy the situation. However, we are aware that it is also used by people who have intentionally undertaken development without permission, who then attempt to delay enforcement action.
Prior to the Localism Act 2011, an appeal could be made both against the refusal of a retrospective application and against enforcement action, on the ground that permission ought to be granted. Through the 2011 reforms, we reduced the circumstances in which an appeal could be made, preventing an appeal on the grounds that permission ought to be granted if an enforcement notice was issued before the end of the statutory determination period. However, the reforms inadvertently created a loophole, which has allowed appellants to continue to appeal twice in certain circumstances, against the refusal or non-determination of a retrospective planning application and against an enforcement notice, on the ground that permission ought to be granted. Both appeals, in effect, assess the planning merits of the case.
The loophole exists because, in some circumstances, a local planning authority might not issue an enforcement notice before the end of the determination period for a related retrospective application. That could be because the local planning authority might have invited the retrospective application in the first place, and does not want to be seen to prejudge the outcome, for example. In such cases, if the development were subsequently found to be unacceptable and retrospective planning permission was refused, an enforcement notice would be issued after the end of the determination period.
There would remain two opportunities to obtain permission retrospectively: first, by appealing the refusal of the retrospective application, and secondly, by appealing the enforcement notice on the ground that permission ought to be granted. A similar situation would occur if the determination of the retrospective application were delayed and the appellant appealed the retrospective application on the ground of non-determination.
Therefore, the clause will extend the period during which an enforcement notice can be issued and during which an appeal on the ground that permission ought to be granted can still be prevented to two years. The applicant will not then be able to appeal an enforcement notice on the ground that permission ought to be granted during that extended period. Instead, they will have only one route to obtain planning permission retrospectively—through a successful appeal of the refusal or the non-determination of the retrospective planning application. Appealing an enforcement notice on other grounds will still be permitted.
The clause will reinforce the message that people should seek planning permission before they start a development. Where they do not do so, they should have only one opportunity to obtain planning permission after the unauthorised development has taken place so that the matter can be rectified as soon as possible. That will speed up enforcement action and prevent resources from being wasted assessing the planning merits of the same case twice. I therefore commend the clause to the Committee.
Matthew Pennycook
I would like to make some further remarks on clauses 105 and 106. Clause 105 will give the Secretary of State a new power that allows them to dismiss an appeal in relation to an enforcement notice or an application for a lawful development certificate in England should it appear to them that the appellant is causing undue delays to the appeals process. This is another point of clarification, but I simply wish to get a sense from the Minister of what causing undue delays as per proposed new section 176(6) of the Town and Country Planning Act 1990 will be taken to mean in practice.
Clause 106 will amend sections 187A and 216 of the 1990 Act in relation to England to increase the maximum fine for failing to comply with either a breach of condition notice or a section 215 notice. We do not oppose those changes, but I would like reassurance from the Minister that the Government have properly considered the possibility that increasing the maximum fine in such a way might have the unintended consequence of discouraging from seeking retrospective permission those who have, for whatever reason, made genuine mistakes on their planning applications.
Mr Marcus Jones
I thank the hon. Gentleman for his questions. On clause 105, let me give him an example of an undue delay. Such a delay could constitute not allowing a planning inspector to access land for a site visit. That is one circumstance in which the process would be frustrated.
On clause 106, I gently say to the hon. Gentleman that, while I understand his concerns, many members of the public, particularly those who have been affected by unauthorised developments, would be keen for us to be tougher on such developments. Therefore, I think this is more about ensuring that we put in place a regime that deters people from embarking on unauthorised development. I therefore believe that increasing the fines that will be payable is the right thing to do.
Question put and agreed to.
Clause 104, as amended, accordingly ordered to stand part of the Bill.
Clauses 105 and 106 ordered to stand part of the Bill.
Clause 107
Power to provide relief from enforcement of planning conditions
Rachael Maskell
I beg to move amendment 137, in clause 107, page 125, line 35, at end insert—
“(1A) But regulations under this section may not provide for relief from a planning condition relating to the development of a type or volume of affordable housing in a development.”
This amendment would exclude planning conditions relating to the delivery of agreed on-site affordable housing in developments from the power to provide relief from the enforcement of planning conditions.
Where affordable and social housing is identified in plans, the obligation to provide that tenure in the planning process must never be overridden. We have a national crisis with regard to the availability of affordable homes for our constituents. I certainly see that in York, where it is skewing the economy and having a severe impact on the way my community works. We have been overrun by so many second homes and holiday lets that it is even impinging on our ability to deliver statutory services in my community.
Far too often, developers start to build out their plans, starting with the high-value housing, only then to return with the plea that the site is no longer viable to provide social or affordable housing. That housing is therefore not built, and the funding is banked but never spent, because the argument is played out time and again on future sites. High-end, high-value housing is therefore taking precedence over the development of affordable housing. We simply cannot allow that to happen at any point in the development process. My brief amendment would recognise that in statute to ensure that there can never be an excuse for not delivering vital affordable housing on the basis of viability.
Mr Jones
I thank the hon. Member for York Central for her amendment. It seeks to ensure that relief from enforcement action under clause 107 cannot be granted with respect to planning conditions relating to affordable housing delivery. The aim of clause 107 is to enable the Secretary of State, by regulations, to limit enforcement action against non-compliance with prescribed planning conditions or limitations for a specified period of relief. Members of the Committee will recall that the covid pandemic demonstrated that the planning system needs to be sufficiently flexible to support businesses to respond to and recover from periods of disruption quickly and confidently.
During recent years we have taken steps, through written ministerial statements, to encourage local planning authorities to take a considered approach to enforcement action against non-compliance with certain planning conditions that have placed unintentional burdens on businesses. That includes conditions that govern the operative uses of development, such as construction working hours, delivery times and opening hours. Clause 107 will place on a statutory footing similar provisions to those that we introduced through policy, and it is intended that the measure will be used in relation to those types of operative use conditions as periods of disruption arise in the future.
The hon. Member’s amendment concerns those conditions that relate to affordable housing specifically. Affordable housing provision is principally secured through a section 106 agreement rather than planning conditions, so the practical benefit of the proposed exemption would be limited and this is not the sort of operative condition that the clause is aimed at. Furthermore, we are proposing to change the way affordable housing for a development is determined, as part of our plans for the new infrastructure levy, which the Committee will debate shortly. Through regulations for the levy, we intend to introduce a new “right to require”, to remove the role of negotiating in determining levels of onsite affordable housing, and we propose to consult on the approach shortly. Therefore, I consider the amendment not to be necessary and I ask the hon. Member for York Central to withdraw it.
Rachael Maskell
I thank the Minister for his response. I will certainly be following the debate on schedule 11 very closely, to ensure that it does fulfil all the commitments that the Minister has alluded to in his speech, but I will withdraw the amendment at this point. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Mr Jones
On the basis that I have explained how clause 107 works during our discussion of amendment 137, I do not propose to make any further comments on it. I commend the clause to the Committee.
Question put and agreed to.
Clause 107 accordingly ordered to stand part of the Bill.
Clause 108
Consultation before applying for planning permission
Question proposed, That the clause stand part of the Bill.
Mr Jones
The Government are committed to increasing opportunities for meaningful and early community involvement in planning decisions. Throughout the Bill, we are introducing measures that do just that. Communities should be given a say on developments that affect them, and should have those views taken into account when decisions are made. We are also keen to ensure that issues are dealt with early on, so that decisions are not unduly delayed. That is why we are introducing this minor but important change.
Clause 108 will make permanent the powers in sections 61W to 61Y of the Town and Country Planning Act 1990 that enable the Secretary of State to mandate the types of applications for which applicants will be required to carry out consultations with those in the vicinity of the development, and with any other specified people—for example, statutory bodies—before submitting a planning application to the local planning authority. The powers also require applicants to have regard to any responses received in the pre-application consultation, including views expressed by local communities.
The powers have been used only to require pre-application consultation on onshore wind turbines where two or more turbines are being installed, or where the hub height is over 15 metres. We want to explore additional opportunities to use the powers where pre-application engagement will be most beneficial, and we will engage on that before bringing forward the necessary changes through secondary legislation. Making the powers permanent will allow the Government to further strengthen community engagement with the system. I commend the clause to the Committee.
Question put and agreed to.
Clause 108 accordingly ordered to stand part of the Bill.
Clauses 109 to 112 ordered to stand part of the Bill.
Clause 113
Infrastructure Levy: England
Matthew Pennycook
I beg to move amendment 142, in clause 113, page 131, line 38, leave out “a charge” and insert “an optional charge”.
This amendment would ensure that application of the Infrastructure Levy would be optional rather than mandatory.
Tim Farron
The hon. Member for Greenwich and Woolwich has just provided almost infinitely more detail than there is in the Bill. My understanding is that the whole point of a Bill Committee is that we get to grips with the detail, and yet the Government are providing us with very little.
This really matters. I will set out a particular case of my community experiencing the real sharp end of the crisis, but every community in the country is experiencing a crisis of housing quality, availability and genuine affordability. This just tickles it, if we are lucky. We have a lack of detail. The idea itself is vague, and what we do know about the infrastructure levy is that it is likely to be complex, and the more complex it is, the more we favour the developer. In a situation where the nervous planning authority errs on the side of caution and, therefore, lack of ambition when seeking planning gain, the more the developer manages to gain advantage for itself. Given that there is no guarantee that any value from the levy will accrue to the community where the development will take place, the likelihood of communities opposing developments will increase, therefore making them less likely to go through.
On top of all of that, as has already been mentioned, a fundamental flaw of using GDV as the measure for what the levy should be in practice is that we are basically putting all the risk on the community and not the developer. That is obvious. It is probably why developers have been relatively silent over this—because they see that it is potentially in their favour. It is also why housing associations and others, including housing charities, have been very concerned—because they worry that is a slow, downward slope towards reduced delivery of affordable housing.
It may well be that, when the detail is forthcoming—and if not now, why not now?—we may be pleasantly surprised and, incrementally, we might find that the infrastructure levy, in detail, after pilots, does add value. However, the concern that many of us have is that this is untested and replacing a scheme which, while imperfect, does deliver some affordable housing.
The problem with section 106 and the infrastructure levy is that it is an entirely incremental, weak and fairly tepid approach to a massive problem. Our way of developing affordable housing is just to get the odd scattering of homes per development, if we are lucky and can find a system that will make a planning gain and gain something of the land value uplift that a developer has from the project. The reality, however, is that communities such as mine—I will speak specifically to the issues in Cumbria—have high house prices, an evaporated, almost non-existent long-term private rented market, and vast numbers of second homes, meaning properties not lived in all year around.
Cumbria is a nice part of the world—absolutely beautiful. Eden and the south lakes is a very beautiful place. If someone builds a five-bedroom house there, it will fly off the shelf within hours. There is no problem with building homes for demand. The Minister and the Government must understand—and I hope the new Prime Minister understands—that what is desperately required when it comes to housing policy is that, for a period at least, we stop building for demand and start building for need. The reality is that, as things stand, the infrastructure levy and section 106 only skim the top of the problem. That demonstrates a complete lack of ambition behind the concept of levelling up. We are not levelling up; we are getting some crumbs from the table. It is just a different way of getting some crumbs from the table, not actually producing any real bread.
Mr Jones
Clause 113 introduces the new infrastructure levy. It is well known that new development creates demand for public services and infrastructure. Local authorities should secure contributions from developers to share in the land value uplift that comes from granting planning permission and use that value to deliver infrastructure and affordable housing for communities.
One of the main criticisms of new developments in local communities, however, is that they are not accompanied by the infrastructure that communities often need. The current system of developer contributions is uncertain and fragmented. Local planning authorities can negotiate section 106 agreements to secure affordable housing and contributions to infrastructure, and can choose to charge the community infrastructure levy to collect money from developers for infrastructure that is not affordable housing.
The protracted negotiation of a section 106 agreement delays the granting of planning permissions. Agreements can be renegotiated as the development progresses—a point that has been raised by several Opposition Members. Both negotiation and renegotiation generate uncertainty for local communities over how much affordable housing will be available and what infrastructure will be delivered by a development. On the other hand, the community infrastructure levy is a non-negotiable charge, and it is optional as to whether local planning authorities charge it. Only half of local planning authorities currently charge the CIL. Of those that do not, more than a third believe that introducing it will increase their ability to capture land value. Common reasons for not implementing CIL include concerns that the extra charge will reduce the amount of affordable housing delivered because, unlike the levy, CIL cannot be used for affordable housing.
Also, CIL and section 106 do not capture all of the increases in value that occur as a result of increases in house prices. Average house prices in England have increased by nearly 22% over the past two years. CIL rates do not increase to capture more of that uplift, as they are based on the value when planning permission was granted. Although some section 106 agreements may capture an element of the uplift, many will not. As a result, local authorities are not capturing as much value for key services as they could.
Clause 113 provides for the introduction of a single charge that will largely replace the existing system of developer contributions. The infrastructure levy is an opportunity to deliver better outcomes for communities and to address shortcomings in the system that incremental change is unlikely to deliver. The levy will aim to capture land value uplift at a higher level than the current developer contribution regime by charging rates based on the final value of developments. I hear what the hon. Member for Greenwich and Woolwich has said about that, and the concerns he has raised. To clarify that point, the gross development value can be captured because we know what the sale price of that property is when it is sold, just as we do when stamp duty land tax is charged.
Levelling-up and Regeneration Bill (Nineteeth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 6th September 2022
(2 years, 3 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 6 September 2022 - (6 Sep 2022)
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Matthew Pennycook
As ever, it is a pleasure to serve with you in the Chair, Sir Mark. Having debated this morning in broad terms the deficiencies of the proposed infrastructure levy as we see them, and the corresponding case for discretion in terms of its adoption and core elements of its design, I turn now to a far more specific concern.
Part 1 of schedule 11 makes changes to the Planning Act 2008 by inserting new part 10A, providing for the introduction of the new levy. The new power replicates section 205 in part 11 of the 2008 Act, albeit with an important change that makes clear that the purpose of the levy now includes anything specified by the Secretary of State under subsection (5) of proposed new section 204N, in schedule 11 on page 294. The proposed new subsection makes clear that regulations may allow for circumstances in which a specified amount of the infrastructure levy is applied to purposes other than funding the provision, improvement, replacement, operation or maintenance of infrastructure, defined so as to include transport, schools, medical facilities, open spaces, flood defences, affordable housing and a number of other items.
That gives rise to two obvious questions. First, what purposes other than the provision, improvement, replacement, operation or maintenance of infrastructure, defined as broadly as it is in proposed new section 204N(3), on page 294, would IL ever need to be spent on? Perhaps the Minister can give us an example of what kind of non-infrastructure the Government believe those powers should fund. Secondly, why should developer contributions secured in relation to a particular area be used to support the provision of non-infrastructure items that may be unconnected to it? Our concern is that allowing the purpose of IL to include anything specified by the Secretary of State may give rise to a situation—as, I might add, the 2020 White Paper explicitly suggested—in which proceeds from the infrastructure levy are used to fund things such as service provision or the reduction of council tax.
There may be a far less problematic reason for the inclusion of the relevant language in proposed new section 204A(2) specifying that IL can be used to achieve any purpose under proposed new section 204N(5). For example, it may simply be the means of facilitating the continuation of the neighbourhood share under the new system. However, if that is the case, why not make that clear in the Bill? Given how widely drawn the language in proposed new section 204N(5) is, we remain concerned that it could lead to much-needed IL funds being directed to purposes other than supporting the development of an area by funding its infrastructure. That is the concern that amendments 148 and 149 are designed to address, by deleting the relevant language from proposed new section 204A(2) on page 282.
In our previous debate, I outlined in detail our concern that the levy as proposed will fail to secure as much—let alone more—public gain from developers than the present system. Allowing specified amounts of IL to be used to fund non-infrastructure items that might be unconnected to a given area would exacerbate that problem by further depleting the funding available for infrastructure, including affordable housing, in that area. The amendments would simply ensure that any funds generated by the levy would have to be spent on infrastructure that supports the development of the area in question. I look forward to hearing the Minister’s response.
The Minister for Housing (Mr Marcus Jones)
It is a pleasure to serve again under your chairmanship, Sir Mark. The Bill seeks to give local communities control over what is built, where it is built and what it looks like. It creates an incentive for communities to benefit from development. The delivery of infrastructure is a key pillar in our approach, and the levy is our key tool to support that.
We think that the local authority is best placed to decide which infrastructure projects it should spend the proceeds of the levy on. The Bill will require local authorities to prepare infrastructure delivery strategies. These will set out a strategy for delivering local infrastructure through spending levy proceeds. There is scope to allow even more flexibility on spending, to further incentivise communities to benefit from development. The Bill enables the funding purposes of the infrastructure levy to be extended to such purposes as may be specified by the Secretary of State under proposed new section 204N(5) if certain circumstances apply.
Rachael Maskell (York Central) (Lab/Co-op)
Could the Minister give some examples of what those extensive directions could include, because that is not made clear in the Bill?
Mr Jones
If the hon. Member bears with me for a moment, I will give her an example.
The measure will enable regulations to set out the circumstances where charging authorities could spend a specified amount of the levy on items that are not infrastructure. This means that in some areas, once local authorities are able to meet their affordable housing and infrastructure needs, they could have scope to increase their flexibility on what they spend levy receipts on, such as improving local services. This would remain a matter for the local authority to decide on, subject to any limitations set out in regulation or guidance, ensuring that infrastructure and affordable housing remain priorities. Furthermore, it is right that even if such extended funding of the levy is permitted and taken up by the local authority, it should be subject to the overall test in proposed new section 204A that such costs must not make the development an area economically unviable. Therefore, we do not believe the amendment is necessary, so I ask the hon. Member for Greenwich and Woolwich to withdraw it.
Matthew Pennycook
I think that was a useful answer from the Minister, for the following reasons. He clearly stated that the reason for the flexibility is to allow local planning authorities to spend levy receipts on non-infrastructure items not covered in proposed new section 204N(3). That is very useful, because he has responded to our concern by saying on the record that the infrastructure levy could be spent on things such as the funding of services.
The Minister made an important qualification, which I will address. He made clear that local authorities would be allowed to spend only once they had met their affordable housing targets and infrastructure needs. I applaud his optimism that the levy will cover not only all affordable housing provision and core infrastructure, but other things such as services. I welcome that clarification.
The Minister will do two things, I think. When we come to them in due course, I think he will accept our amendments to strengthen the Bill’s requirements on meeting affordable housing supply. However, I still think the Bill needs to be tightened to specify what kind of non-infrastructure the levy could be spent on in the circumstances he outlines. At the moment, it is incredibly broad—it relates to any purposes specified by the Secretary of State—and that remains a point of concern. Although I will not push this amendment to a vote, we may return to this issue. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Mr Jones
I beg to move amendment 196.
Proposed new section 204A in schedule 11 sets out the overall purpose of the levy, which is to ensure that the costs incurred in supporting the development of an area can be funded wholly or partly by the owners or developers of land in a way that does not make development of an area economically unviable. The overall purpose also applies to the costs incurred in achieving the other specified purposes that are allowed under the levy regime.
Proposed new section 204A currently cross-references to purposes that may be specified under proposed new section 204N(5). That means that the levy regulations may allow levy receipts to be spent on matters other than infrastructure, such as improvements to local services and delivery of local programmes that are valued by local communities. Although the infrastructure levy will primarily be spent on infrastructure and affordable housing, that will give us the scope to allow local authorities more flexibility over how they spend the levy if those priorities have been met.
The amendment will correct an omission and ensure that proposed new section 204A also correctly cross-refers to the powers in proposed new sections 204O and 204P, which will also allow levy receipts to be spent on other specified purposes, such as non-infrastructure matters. Where that is allowed, it must be subject to the overall purpose set out in proposed new section 204A. To ensure that proposed new section 204A correctly interacts with proposed new sections 204O and 204P, we are introducing a minor technical amendment to ensure the cross-reference is properly made. I therefore respectfully ask the Committee to support the amendment.
Matthew Pennycook
I rise to speak briefly to this Government amendment, notwithstanding our debate on the previous group of amendments. There is nothing in the Bill to ensure that local authorities meet a sufficient level of housing need—we will come to that—or of infrastructure need. Even taking into account the Minister’s reassurances on how the levy can be spent, I remain concerned. If anything, Government amendment 196 augments the concerns I have just spoken about. By specifying that the aim of the levy can include any purpose specified under proposed sections 204N(5), 204O(3) and 204P(3) of the Planning Act, the amendment allows proceeds of the levy to be spent not only on non-infrastructure items that might be unconnected to a given area in a way already made clear in the Bill, but on a wider set of, one presumes, non-infrastructure items. In a sense, the amendment’s intention is to widen the scope of the non-infrastructure items to which specified amounts of IL can be directed.
As I have made clear, we strongly believe that funds generated by the levy should be spent on infrastructure that supports the development of the area in question, and we oppose this Government amendment for the same reasons I set out in relation to amendments 148 and 149. I will not press the matter to a vote, but I want to put that on the record. We feel very strongly, as I think local communities will, that the proceeds of an infrastructure levy should be spent on infrastructure in their area. If anything, rather than having surplus amounts to spend on other items specified by the amendment or the Bill, I believe that the levy will not cover all those infrastructure costs.
Mr Jones
Let me respond to the point raised by the hon. Member for Westmorland and Lonsdale. Clearly, the firm intention of the policy set out in schedule 11 is that the requirement for relevant infrastructure and affordable housing in a particular area is satisfied. However, there may be circumstances where a local authority, while satisfying those criteria, uses this mechanism. As I have said before, we expect to capture more value from developments because we will be capturing the value of the uplift of the finished product, not just the value at the point at which planning permission is achieved. Therefore, the expectation is that there could be greater value and it could enable local areas to do additional things, alongside the relevant and necessary affordable housing and infrastructure. I hope that reassures the hon. Gentleman about the Government’s intention.
Amendment 196 agreed to.
Matthew Pennycook
I beg to move amendment 150, in schedule 11, page 282, line 32, at end insert—
“(2A) The intention of IL is to enable local authorities to raise money from developments to fund infrastructure to support the development of their areas while allowing planning obligations under section 106 of the Town and Country Planning Act 1990 to continue to be used to provide affordable housing and ensure that development is acceptable in planning terms.”
Mr Jones
The hon. Member for Greenwich and Woolwich is correct to raise the importance of affordable housing delivery for local communities. Amendments 150 to 152 would prevent the infrastructure levy from being used to fund affordable housing, and I understand why he has tabled them. The provision of affordable housing is critical, and section 106 planning obligations currently deliver around half of all affordable housing in England. The Government do not want the new infrastructure levy to reduce the number of affordable homes that are secured when new development comes forward. In fact, the opposite is true: we are committed to the delivery of at least as much, if not more, on-site affordable housing through the infrastructure levy as is delivered through the current system of developer contributions.
Section 106 is an imperfect mechanism for securing affordable housing and can result in prolonged and costly negotiations that often generate outcomes that favour developers. Developers can often use their greater resources to negotiate policy-compliant levels of affordable housing downward on viability grounds. Local planning authorities tell us that the ability to secure developer contributions through negotiations is dependent on the individuals involved in the process. The amount that local authorities secure from developers will vary depending on which officers lead the negotiations, and their experience, strategy and confidence. This unpredictable element in the negotiation of section 106 obligations means that some authorities can secure more affordable housing than others, and that value that could be secured by local government instead goes to developers and landowners.
Rachael Maskell
The Minister is making the case that section 106 should be amended so that more power is given to local authorities. Why is he not taking that step to ensure that developers do not have the upper hand in negotiations?
Mr Jones
We are advocating delivering the same amount or more affordable homes through the infrastructure levy than are currently provided through section 106. That is based on the ability to capture more value from new development than is already the case, and the fact that there will be a more consistent approach that will not allow the current situation, wherein certain authorities that have the experience and ability at officer level to negotiate better section 106 agreements than others benefit significantly from being able to do so, compared with some authorities that do not appear to be in that position.
Rachael Maskell
I do not understand why the Minister does not just change the framework around the negotiations so that all authorities have the powers they need to get the outcomes they require, rather than introducing a system that will weaken the ability to determine what is actually good for a site and the infrastructure that communities need—let alone the affordable housing they desperately need.
Mr Jones
We are all concerned with making sure that we get as much affordable housing as we can from housing developments. Clearly, what I am arguing for is a wider package of measures that we believe will deliver at least as much affordable housing as under the current system, if not more, together with the infrastructure that communities need.
It is not fair that communities lose out just because their local authorities have effectively been strong-armed during the negotiation, and it is not fair that developers may face arbitrary variation in the demands for contributions in different places. If developers do not know how much they are going to have to pay, it is much harder for them to price contributions into land. There is currently an incentive to overpay for land and then try to negotiate contributions downwards.
To address the inequality of arms that the Committee has discussed, the new levy will introduce the right to require affordable housing through regulations. The right to require will enable local authorities to determine what proportion of the levy they want delivered in kind as affordable housing and what proportion they want delivered as cash. That will mean that local authorities, not developers, will get the final say on the proportion of affordable homes delivered as an in-kind levy contribution on a site. It is therefore important that affordable housing is considered as a kind of infrastructure that can fall within the levy regime.
It will be equally important that the levy delivers at least as much affordable housing as under the current system. That is why, when the levy rates are set, charging authorities must design them with regard to the desirability of ensuring that the rates can maintain or exceed the amount currently secured through developer contributions.
Let me address a couple of other points. The hon. Member for Greenwich and Woolwich was concerned about less-viable sites and lower-value sites. I reassure him that local authorities will set a minimum threshold that reflects build costs and existing use values, as well as setting levy rates. The minimum threshold will help to ensure that lower-value sites continue to come forward.
The hon. Member for York Central mentioned concerns about risk and about delivering affordable homes and infrastructure while the changes take place. I reassure her that, as we discussed in the earlier debate on the infrastructure levy, we will be driven by a test-and-learn approach. The lessons from that work will be learned to make sure that we achieve our objectives, and the places that are not using that approach in working with the new infrastructure levy will continue to work on the same basis as they do now until the new system is rolled out. I reassure the hon. Lady again that the process could take some years to achieve to make sure we get it right.
On that basis, I hope that the hon. Member for Greenwich and Woolwich will not press amendments 150 to 152 to a Division.
Matthew Pennycook
I thank the Minister for his response, but I am afraid I am not reassured, for the following reasons. The Minister rightly said, and I accept, that section 106 is an imperfect mechanism for extracting public gain from developers, but, as we have already debated, it is one that can be improved on, and has been in recent years, and can be reformed further.
The question before us, which goes back to the wider debate we had earlier, is: will the levy system replace the current system with one that will extract sufficient public gain to at least allow the same levels of affordable housing? I have listened carefully to the Minister, and he has made repeated commitments that it will extract at least as much as that gain. However, as we will come on to with the next set of amendments, there is nothing in the Bill that guarantees that the levy framework, even if it does extract the same amount of gain, will lead to a situation in which at least as much affordable housing is required. The language—I will come to this in the next debate—in proposed new section 204G is incredibly weak in that regard.
Nothing I have heard this morning reassures me that we are not implementing a system that will fail to extract the same amount of public gain when it comes to infrastructure and affordable housing as the present system. There is nothing in the Bill to ensure that local authorities spend their levy proceeds on the levels of affordable housing required to meet the housing need in their area. Given all the risk and uncertainty of replacing the existing system with the proposed one, I feel strongly that the Government are making a fundamental mistake by including affordable housing within the scope of the levy. I will therefore press amendment 150 to a Division.
Question put, That the amendment be made.
Matthew Pennycook
I beg to move amendment 153, in schedule 11, page 283, leave out lines 22 and 23.
This amendment would amend the definition of “affordable housing” to ensure that the infrastructure levy could only be spent on social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.
Mr Jones
The hon. Member for Greenwich and Woolwich is right to refer to the importance of the new levy in supporting the delivery of affordable housing for local communities and in contributing to meeting local need. As we have discussed, the Government are committed to getting at least as much, if not more, on-site affordable housing through the new levy as we do under the current system of developer contributions.
The definition of affordability, as challenged by amendment 153, is a complex and evolving picture that is better understood and monitored at local level. It is therefore appropriate to allow for infrastructure levy regulations to provide for any other description of affordable housing, beyond that defined as social housing in part 2 of the Housing and Regeneration Act 2008. This will ensure that any new types of affordable housing tenure introduced in the future can be brought into the scope of the levy.
Matthew Pennycook
I am sorry to put the Minister on the spot, but it would be useful if we had an example of the type of housing tenures that the Government believe that that specific line in the Bill is required for, given the already very broad definition of social—affordable—housing in part 2 of the 2008 Act.
Mr Jones
As the hon. Member knows, when the 2008 Act was brought into effect by the last Labour Government, there was a reasonably wide definition of the different types of affordable housing. One of the evolutions in affordable housing recently has been the introduction of First Homes. I hear what the hon. Member for Greenwich and Woolwich says about that, but we are working to make sure that we have 1,500 first homes by the end of March 2023; that will be significant progress. The vast majority of affordable housing currently provided does fall within the definition that we have discussed, which was put into legislation in 2008, and we envisage that that will continue to be the case under the levy. However, accepting amendment 153 would mean placing a lot of reliance on the definition of social housing in the 2008 Act. Clearly, social housing is an extremely important part of the mix of affordable housing, but amendment 153 would reduce the levy’s ability to respond to any changes in tenure types that arise in the future. That is not helpful or necessary. It is right that the levy regulations should provide future-proofing and regulatory flexibility.
Amendment 154 deals with exemptions for sites that are 100% affordable housing. Subsection (5)(h) of proposed new section 204D of the Planning Act 2008, in schedule 11 of this Bill, already contains a power for levy regulations to make provision about exemptions from or reductions in levy liability. The levy will be used to secure contributions towards affordable housing. We do not expect to charge the levy on exclusively affordable housing developments; we will explore that matter further in consultation. However, all development will be required to deliver the infrastructure that is integral to the functioning of the site, and we will retain the use of planning conditions and restricted use of section 106 agreements to secure that.
Amendment 155 would require infrastructure levy rates to be set at a level that enables an authority to meet the affordable housing need specified in a local development plan. The total value that can be captured by the levy, or indeed any system of developer contributions, will not necessarily match the costs of meeting the entire affordable housing need of an area as specified in the local development plan. Revenues will depend on the amount and types of development that come forward, and when they come forward, as much as on the levy rates and thresholds set. That said, the Bill recognises the importance of using the levy to deliver affordable housing. Proposed new section 204G of the Planning Act 2008, in schedule 11, provides that charging authorities must, when setting their rates, have regard to the desirability of ensuring that affordable housing funding from developer contributions equals or exceeds present levels. That will ensure that affordable housing need is accounted for when levy rates are set; to ensure that, those rates will be subject to public examination.
Importantly, the Bill makes provision for rates to be set with regard to increases in land value—for instance, as a result of planning permission. Targeted increases in rates will allow charging authorities to maximise the revenue that they can capture, and the amount of affordable housing that they can deliver.
We have designed the levy so that it can deliver at least as much affordable housing as the current system, if not more. As I have explained, the new right to require will require affordable housing to be provided. That will be introduced through regulations. That means that local authorities will get the final say on the proportion of levy contributions that go towards affordable homes. Should the levy generate more revenue than at present, local authorities could choose to direct those additional revenues towards meeting their additional affordable housing needs.
Rachael Maskell
How are local authorities making calculations about the loss of affordable housing? Clearly, if we just look at new developments, we could say, “There is this growth in affordable housing”, but if authorities are losing stock, the proportion of affordable housing in a community is decreasing. How will that be addressed? If the local plan is just about future developments, should there not be some adjustment for the loss in existing stock? I am talking about not just social stock, but ownership stock.
Mr Jones
I thank the hon. Member for that point. Like many other areas, York’s housing market is affected by the tourist industry that the city attracts. It is for local areas—I am glad that the hon. Member’s area is forming a local plan—to assess the housing need in their local plan; they should take matters such as the amount of affordable housing, and the need in an area, into account when making that plan.
Local authorities will need to balance the objective of providing affordable housing with the levy’s other aspirations. Local authorities will need to use the levy revenues to deliver other critical infrastructure, such as new roads and medical facilities. Local authorities, which know their local areas, are best placed to balance funding for affordable housing with funding for other infrastructure needs.
On amendment 156, proposed new section 204Q, introduced by schedule 11, introduces the requirement for levy charging authorities to prepare an infrastructure delivery strategy, which will outline how a local authority will use the money the levy generates through a strategic spending plan. That will include an outline of how it will use levy revenues to secure affordable housing. It is important that that happens in each area. The charging authority will have regard to that when setting levy rates. The exact detail of the infrastructure delivery strategy and how it should be produced will be determined through regulations. We will consult on matters relating to the infrastructure delivery strategy, and forthcoming secondary legislation and guidance will clarify how to treat affordable housing. All of that will be informed by our commitment to deliver at least as much affordable housing as we do under the current system.
I hope that my explanation gives the hon. Member for Greenwich and Woolwich clear assurances on how the new levy will support the delivery of affordable housing, and therefore I ask him to withdraw the amendment.
Matthew Pennycook
I thank the Minister for that comprehensive response. I will take each part of it in turn. I note what he says about the powers provided for in proposed new section 204D(5)(h) to the Planning Act 2008, regarding 100% affordable sites, and I welcome his commitment that the Government do not expect those sites to have the levy applied to them. That should be written in the Bill, but I take that commitment at face value, and I hope to see it fleshed out via the regulations.
Matthew Pennycook
I beg to move amendment 157, in schedule 11, page 283, line 28, at end insert—
“(1A) But a charging authority may not charge IL on development in its area comprising—
(a) over 150 residential units, or
(b) over 10,000 sq m of floorspace
and instead Part 11 of the Planning Act 2008 (Community Infrastructure Levy) applies to such developments.”
This amendment would specify a threshold for large sites in relation to which the role of section 106 TCPA 1990 agreements would be retained, meaning that the community infrastructure levy would continue to be used to support such development.
I made clear at the outset of our consideration of part 4 that the levy differs from that set out in the 2020 White Paper in several important respects. One of those is that the Government now propose to retain a distinct role for the current system of section 106 planning obligations, rather than replacing it entirely, as per the White Paper. We are told that narrowly targeted section 106 agreements will still be used for securing infrastructure integral to the operation and physical design of a site. The examples in the policy paper that accompanies the Bill—internal play areas and flood risk mitigations—suggest that the use of such agreements in this way will be a frequent occurrence. More importantly, we are also told that the Government want a role for section 106 agreements in supporting the delivery of larger strategic sites. On such sites, infrastructure can be negotiated and provided in kind; the value of what is agreed must not be less than what would have been paid through the levy. This raises a host of questions, as does every aspect of the Government’s proposal.
Will developers have to pay the difference where the cost of delivering infrastructure on large sites is less than the required IL charge would be? Correspondingly, would charging authorities have to refund developers if it transpired that the cost of delivering infrastructure was higher than the given IL charge? Who defines what is on-site infrastructure, and what can act as credit against the nominal levy charge? Will it be set out in regulations—there is then a risk that it will be too inflexible—or will it be defined by each charging authority? There is then an associated risk of additional complexity. How do we avoid developers providing a range of unnecessary on-site facilities in order to reduce their liability vis-à-vis that levy charge?
Those and other important questions aside, in general terms we very much welcome the proposed retention of section 106 agreements, both for the infrastructure that is integral to the operation and physical design of sites and for larger strategic sites. Indeed, when it comes to the latter, the continued use of section 106 is essential to ensuring that they are developed, given the obvious pitfalls of attempting to do so solely via the levy, with all the inherent flaws that we discussed earlier today.
However, schedule 11 does not define what actually constitutes a larger site for the purposes of the ongoing role of section 106 agreements. Amendment 157 simply seeks to place that definition in the Bill, in proposed new section 204B of the Planning Act 2008, so that there is clarity at the outset of the process of introducing and implementing the levy as to the site size threshold above which IL would not be charged.
The amendment proposes that, for the purposes of permitting an ongoing role for section 106 agreements, a large site should be defined as an area comprising over 150 residential units, or over 10,000 square metres of floorspace. We have chosen those threshold values for a number of reasons, but primarily because schemes of over 150 units or 10,000 square metres of floorspace are typically more complex, take longer to deliver and are often phased, and are more likely to require site-specific mitigation, thus benefiting from the ability of section 106 agreements—this is one of their key strengths—to tailor obligations to the specific circumstances of a site.
On large sites thus defined, which would account by our estimates for around 5% of current approved residential projects nationally, affordable housing provision would be delivered via section 106, as under the present arrangement. To avoid the delay and complexity of securing contributions for core infrastructure on the sites by means of such agreements, amendment 157 makes it clear that the existing provisions of part 11 of the Planning Act 2008 would still apply, thereby enabling contributions relating to the sites to continue to be secured by means of the community infrastructure levy.
We believe that straightforward and uncontroversial amendment would provide certainty as to what does and does not constitute a large site where there will be an ongoing role for section 106 agreements at the outset of what will be, by the Minister’s own admission, a lengthy process of testing, implementing and rolling out the new levy. I look forward to hearing the Minister’s response.
Mr Jones
The Government intend that the levy will replace CIL, except for the Mayor of London and in Wales, and largely replace the discretionary negotiated section 106 regime. However, following feedback through consultation and engagement with the industry, we recognise that, in some limited circumstances, a case exists for retaining a role for section 106 planning obligations in the delivery of infrastructure. Such circumstances include large and complex sites where infrastructure requirements are site-specific and require a more negotiated approach to ensure that infrastructure is provided at the right time. It is important to set the right definition for large and complex sites. We need to strike a balance between creating a more consistent levy system, while retaining flexibility for some negotiations on sites with complex infrastructure needs. On sites where section 106 agreements will continue to be used, we still expect developers to deliver at least as much overall value. It is just that some of it will be as in-kind infrastructure contributions rather than as a cash payment.
Setting the threshold in the Bill for when section 106 agreements should be used runs the risk of impacting on the effectiveness of the levy. If it is set too low, lots of development will continue to use section 106 agreements, and developers will continue to strong-arm local authorities over the value of their contributions. If we set it too high, it can impact infrastructure delivery on sites with complex and competing infrastructure needs. That is why we intend to consult on what the threshold should be, to allow us to consider stakeholder feedback and different options. The levy regulation, which will be laid before the Commons for approval, will specify the circumstances in which section 106 agreements will continue to be used. For the reasons I have explained, I request that amendment 157 be withdrawn, to allow us to consult further on when the use of section 106 agreements would continue to be more appropriate.
Matthew Pennycook
I appreciate the Minister’s response and, taking on board what he has said, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Mr Jones
Proposed new section 204F of the Planning Act 2008 makes provision requiring an exemption from paying the levy where the party liable to pay is a charity and where the building or structure will be used for a charitable purpose. “Charitable purpose” here has the meaning in section 2 of the Charities Act 2011. It is something that is “for the public benefit” and is for a specific purpose, such as the prevention or relief of poverty, the advancement of education, health, the arts or sport, or the provision of relief to those in need. That kind of development is entitled to exemption from the levy in its entirety.
Under the current system of section 106 planning obligations, an obligation can constitute a reason to grant planning permission only if it is directly related to the development. For that reason, affordable housing contributions tend to be sought on residential developments. Amendment 158 would substantially extend the range of development required to deliver contributions towards affordable housing, including non-residential charitable development. In general, we oppose the amendment because it is not appropriate for charities providing services for the public benefit to also be required to provide affordable housing. It would be unfortunate if all kinds of charitable development, from drug treatment facilities to village halls, became economically unviable because we required them to fund an element of affordable housing as well.
Rachael Maskell
It is becoming clear in the debate that there are charities and charities. Some charities are run by major businesses and make a profit. Say a private school was disposing of a playing field that would then be used for the development of unaffordable housing to provide significant funding. Should that private school be exempt because it has charitable status under the Charities Act? Would that be right, because surely it is acting like any other business?
Mr Jones
The hon. Member makes a very good point. A charity that builds something that is not for a charitable purpose would not be subject to an exemption from the levy under proposed new section 204F. For example, feeding into what she said, if a charity were delivering market housing, that would be unlikely to meet the definition of a charitable purpose. If there are specific scenarios where contributions should be sought, the Bill enables us to consider them as part of the development of the levy’s regulations. More broadly, we will consult on the types of exemptions that should apply to the levy prior to laying the regulations before the Commons for approval. For those reasons, amendment 158 is not necessary.
Rachael Maskell
I want to test another scenario. Say the same educational establishment develops a nursery on that site, but the nursery has a commercial interest. Under the debate that we had about the provision of services, that could be seen as one of the services that could come under the infrastructure levy. A nursery could be a profit-making opportunity for said institution, while also providing support for children under the Government’s funding for nurseries. Would that be included or excluded from the scheme that the Minister is outlining?
Mr Jones
I thank the hon. Member for that question. I will not get drawn into lots of different examples, but we are very clear that we are talking about charitable purposes under the definition in the 2011 Act.
Turning to amendments 159 and 160, there may be other instances where an institution is established for charitable purposes but does not meet the definition of a charity—for example, a charity established in Scotland, Northern Ireland or overseas. Amendments 159 and 160 would remove the express ability for regulations to set exemptions or reductions in the levy for these types of institutions. This would mean that only English and Welsh charities could be exempt from the levy when delivering development for charitable purposes. While we recognise that this will be less common, it would still be unfortunate if other types of charitable institutions could not deliver important facilities because of increased costs from the levy.
We are aware that different charitable institutions may operate differently from English and Welsh charities. That is why it is important to maintain a separate power to prescribe in regulations in detail the levy liabilities of such institutions. That enables provision to be made in the regulations, which will keep up with future changes that might be made to charities law. There will also be instances where a charitable institution carries out development that itself is not for charitable purposes but that it should none the less be able to claim an exemption or reduction for.
In the current CIL system, the CIL regulations make use of this power to provide for relief from CIL liability at the discretion of the local authority for developments carried out by charities for investment purposes. This approach works, which is why we do not agree with amendments 159 and 160, which would remove the express ability to set this kind of exemption or reduction through regulations in the future.
I hope that I have provided helpful clarification to the hon. Member for Greenwich and Woolwich and other members of the Committee. I therefore kindly ask the hon. Member to withdraw his amendment.
Matthew Pennycook
I am partly reassured by what the Minister said, not least because he clearly indicated that the Government are going to go away and give further consideration to designing regulations. However, I urge him—or his successor when he is promoted—to really look into this issue, because I think there is a chance here, as Members have commented on, for a loophole to be exploited in ways that would cut across the purposes of the Bill as per the Government’s thinking. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Rachael Maskell
I beg to move amendment 167, in schedule 11, page 287, line 28, at end insert—
“204FA Social enterprises and community interest companies
(1) IL regulations must provide for an exemption from liability to pay IL in respect of a development where—
(a) the person who would otherwise be liable to pay IL in respect of the development is a social enterprise or a community interest company, and
(b) the building or structure in respect of which IL liability would otherwise arise is to be used wholly or mainly for the purposes of social enterprise or the community interest.
(2) IL regulations may—
(a) provide for an exemption from liability to pay IL where the person who would otherwise be liable to pay IL in respect of the development is a social enterprise or a community interest company;
(b) require charging authorities to make arrangements for an exemption from, or reduction in, liability to pay IL where the person who would otherwise be liable to pay IL in respect of the development is a social enterprise or a community interest company.
(3) Regulations under subsection (1) or (2) may provide that an exemption or reduction does not apply if specified conditions are satisfied.”
This amendment makes equivalent provisions about the Infrastructure Levy for social enterprise or community interest companies as it does for charities under inserted section 204F.
The reason for the amendment is that there are different forms of businesses across communities. At this point, I should declare an interest as a Member of the Co-operative party. Social business is really important across our communities. Social businesses, enterprises and community interest companies have a different focus from the run-of-the-mill business. They are not there for profit. They are there to reinvest in their service users and facilities and to give back to their communities.
I think there is a real anomaly in the legislation. Today, the voluntary, community and social enterprise sector is referred to as one, recognising the charitable aims and social aims that these organisations bring. In moving the amendment, I am looking for parity, to recognise the fact that not-for-profit organisations—community interest companies and social enterprises—make an investment in their communities. They can make an investment by employing people from a place of disadvantage and by giving people opportunities in life. However, they are businesses as well, running cafés, for instance. Obviously they reinvest the proceeds they make into people in the community or they perhaps run a nursery or another form of business. We have seen the real benefit that that brings—it certainly addresses the levelling-up agenda. It enables people to move forward in their social mobility journey.
These organisations often start out with no assets whatever. They are very small. They build, reinvest and grow, which is good for the local economy. We need only to look at Preston as an example. It has invested—I look at the Chair, who is the MP for Preston—in the community. It has invested in the model of social business as well, and we know the importance of that. We want to see that rolled out across our communities. If these organisations grow and want to invest more and further benefit the community, but they then have to pay the infrastructure levy, that will curtail the opportunities that they can bring to our communities, and we do not want to see that. We want to see community interest companies, co-operatives and social businesses grow in a way that allows them to reinvest in our communities.
One thing that I have found most inspiring over the last few weeks is meeting organisations that are putting incubators for social enterprises in their communities—again, with no asset, but they provide an opportunity to bring forward a generation of new community interest companies and social enterprises. I have seen a little bit of that on the SPARK site in York, which really has put a spark into York. It is built out of old containers on a site and has brought a new energy into the city centre. It has been a fantastic opportunity, running and helping businesses to develop the ethos of community interest companies as they move forward.
I do not understand why in the legislation credible social businesses, social enterprises and community interest companies do not have exemptions when they give so much back to our communities and bring real transformation to our society. I want the amendment to be made. It is an omission; perhaps the Minister will explain why such an omission was made. Will he also reflect on the charities when it comes to the consultation and looking at further regulations? Will he include social enterprises and community interest companies in the substantive next phase of the legislation?
Mr Jones
As I said under amendment 158, proposed new section 204F of the Planning Act 2008 allows for certain charities carrying out development for charitable purposes to be exempt from the levy. Proposed new section 204D(5)(h) also provides powers to exempt or reduce levy liabilities through regulations. This would allow us to set national exemptions or reductions where it is appropriate for other types of development by other types of organisations. When considering the approach to exemptions and reductions, we will need to consider a wide range of development types, including those put forward by the amendment. There is an important balance to strike. Although we will explore national exemptions and reductions to the levy, we want local authorities to be able to make their own decisions about how they might want levy exemptions to apply.
Rachael Maskell
I am grateful to the Minister for making that point. Obviously, if local authorities are going to make such determinations, they will have to look for the maximum opportunity. As the legislation is unamended, they will also seek to subsidise the affordability of housing as well. It is very unlikely that a local authority will then look for wider exemptions from the infrastructure levy, so I cannot see how that would work in practice to deliver the objective to which the Minister refers.
Mr Jones
I was just bringing it to the hon. Member’s attention that there is a balance to strike in these matters. Clearly national exemptions are an important part of this, but we want to give a certain amount of local flexibility. Our forthcoming consultation on the infrastructure levy will explore this question further. It will allow us to look at the case for exemptions in the round, and decide what types of developments should not be subject to the charge, or should be subject to a reduced charge. Following consultation we will set out in regulations where a charge to the levy will not apply. Those regulations will be subject to debate in Committee and approval in the House. On that basis, I do not consider the amendment necessary and kindly ask her to withdraw it.
Rachael Maskell
I rise to make a brief point. It is more about the scope of what we have discussed—the infrastructure levy being able to contribute to affordable housing and social housing within a development. One of my fears is that everything is left to the end; it is left to the end to calculate everything, and we end up with what has happened at St Peters Quarter, in York, with the high-value housing—beautiful, spacious housing—in one area and then the section 106 housing in the corner, where there is no proper infrastructure to support it because there is no money left. We therefore get real segregated communities.
I go back to the report that John Hills wrote in 2007. I was at a meeting with him, discussing the report, and he was talking about the importance of place making and mixed communities. We could be in danger of ending up with more divided communities if everything is paid at the end. Therefore scheduling payment is really important. Developers know that that money will have to be paid, and we should ensure that it can be paid in a timely way so that we do not end up with the scenario that we have articulated so much with either the section 106 provision coming never or the infrastructure levy money not delivering on the expectation at the start of the planning process. That could of course occur, but, even worse, we could end up with really divided and segregated communities when we know that the strength and resilience of communities comes where we see that housing jumbled up.
A good example would be Derwenthorpe, in York, where it is not possible to tell what is a social house, what is a privately owned home or where there is equity sharing or anything else, because the houses are all the same and people live in a very mixed and diverse community. That has built strong resilience in the community.
We need to think about more than just housing; we need to think of place making, which I know is Homes England’s real objective. Of course, by holding everything back to the very last minute, we are in danger of not having that. Properly scheduling payment of the infrastructure levy will ensure that we get the proper places that people want to live in and that we build resilience across all communities, as opposed to dividing communities and then developing areas that will create social challenges in the future.
Mr Jones
I thank my hon. Friend the Member for Buckingham for his contribution to the debate on the levy today. Even though it is an inviting proposition, I do not think it would be wise for me to start to try to pre-empt the policy of the new Government, but what I will do is focus on amendments 58 and 161, which are before us.
Charging the levy on the basis of gross development value, which will be the sales value of the development that is sold, will enable the levy to capture more of the increases in development value that occur over time. That will result in better opportunity to capture more value from development to put towards infrastructure and services. Later payments will also reduce demands initially on developer cash flow, and the returns necessary to make a development worth while, because payments will not be required up front.
Payments may be made later, but we recognise the importance of the infrastructure levy supporting the timely provision of local infrastructure alongside new development, so that homes are supported by the right services. That is why it will be possible for local authorities to borrow against future levy liabilities, so they can forward-fund infrastructure.
We are also introducing infrastructure delivery strategies that will drive local authorities to plan more effectively for the best use of levy revenues. On the majority of sites, levy contributions towards infrastructure will be secured in cash, creating a simpler, streamlined system. Developers will, however, still need to deliver the infrastructure on site that is integral to the use of the site, including access roads and flood risk mitigations.
In addition, as we have debated, on larger, more complex sites, we intend to retain the use of section 106 planning obligations to secure in-kind delivery of infrastructure. Such contributions will be offset against the levy liability and the timing of their delivery can be negotiated.
Nevertheless, we recognise that there are circumstances in which early payment and payment by instalments may well be appropriate. That is why the Bill provides powers to allow for that under proposed new section 204R(2) of the Planning Act 2008, which is in schedule 11.
Matthew Pennycook
As we have discussed extensively, given that we would not know the end value until later on in the development and that it would be subject to multiple valuations that might be disputed, how do the Government envisage the operation of a system of payments up front? Will the payments be simply scored off against the projected, expected end value, which will be calculated at a later date? Will the Minister give us a sense of how that sort of arrangement might work in practice?
Mr Jones
As we have discussed a number of times during the debate, the matter to which the hon. Gentleman refers will be set out in regulations. Clearly, that needs to be considered, because we need to ensure that there is a mechanism whereby payments are required to be made earlier in the development. That mechanism will be there and we can make that happen.
In due course, as I have said, we will consult on how the levy might be collected and paid. For example, we intend to explore whether a substantial proportion of the levy should be paid prior to the completion of the development or a phase of it. That plays into what the hon. Member for Greenwich and Woolwich mentioned. It would give charging authorities confidence that they will secure funds before the development is sold on. I hope that my reassurances that the Bill already provides powers to achieve the objectives laid out in the amendments in this group will mean that at this point my hon. Friend the Member for Buckingham is able to withdraw his amendment and that the hon. Gentleman feels able not to move amendment 161.
Greg Smith
As I indicated earlier, I am happy to do so. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Ordered, That further consideration be now adjourned. —(Gareth Johnson.)
Levelling-up and Regeneration Bill (Twentieth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 8th September 2022
(2 years, 3 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 8 September 2022 - (8 Sep 2022)
The Committee divided: - Ayes: 5 / Noes: 9 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Matthew Pennycook
I thank my hon. Friend for that well-made point. We had, as she will know, an extensive discussion on viability in the last sitting. The system is flawed in many respects, but there are ways in which it has been improved in recent years, and it could be improved further. The Mayor’s threshold approach in London is a good example of how that can be done; it draws in relevant expertise to ensure that contentious sites undergo a full viability assessment.
Our issue with the proposed system is that it is premised on removing the viability issue from the process entirely, but the point here is that the system certainly does not do that; at the rate-setting stage, viability is very much an issue. That needs to be addressed through the amendments. Amendment 162 would ensure that IL rate-setting testing and examination cannot be unfairly manipulated by developers seeking to drive down levy rates, because the amendment would clarify that charging authorities will not be expected to test every development site in their area. It would mitigate the risk that the infrastructure necessary to support development will not come forward, and that amounts of affordable housing will be reduced.
Amendments 163 and 164 are necessary to give full effect to the Government’s commitment that the new system will be, to quote the policy paper, a “locally determined Infrastructure Levy”, with Il rates set locally by charging authorities. The amendments do that by altering the provisions that give the Secretary of State the power to impose specific IL rates, nil rates or minimum thresholds that have not emerged as a result of an examination, or been justified with reference to local evidence. By preventing the Secretary of State from overriding a charging authority in those respects, the two amendments seek to avoid a scenario in which a charging authority is either prevented from developing its own IL rates or, after the lengthy and resource-intensive process of determining the IL rates and thresholds appropriate for its area, and after having them verified by an independent examiner, has them overridden by the Secretary of State.
There is nothing in the Bill to ensure that IL rates imposed by the Secretary of State in the way that the Bill allows would be based on local evidence or subject to independent assessment. There is therefore an obvious risk that the Secretary of State may, on occasion, be persuaded to bypass the IL rate-setting process on spurious grounds. We feel strongly that the process should be genuinely local, and that charging authorities should be confident, if they develop a rate or rates that are approved in examination, that they will be able to apply those without interference from the Department. I look forward to hearing the Minister’s thoughts on each of these important amendments.
The Minister of State, Department for Levelling Up, Housing and Communities (Paul Scully)
It is a pleasure to serve under your chairmanship, Mrs Murray, and to address the Committee and answer the questions raised. The hon. Gentleman talked about attrition rates, which are important for all of us as constituency MPs, and we all want to make sure that we get this right. I, too, thank the former Minister for Housing, my hon. Friend the hon. Member for Nuneaton (Mr Jones), for the work that he has done over the summer.
I begin by acknowledging the work of the Committee so far. The planning reforms will clearly be important in supporting our growth agenda, so I look forward to the next few days. I understand why the hon. Gentleman seeks to introduce the amendments. I will try to clarify some of the points, and to explain why we do not believe that the amendments are necessary. I will start with amendment 162.
Local planning authorities will be responsible for setting infrastructure levy rates, and for charging and collecting the levy, and they can spend the levy revenues on local priorities. When setting rates, they must have regard to the economic viability of the development of the area. I reassure the hon. Gentleman and the Committee that proposed new section 204A(2) of the Planning Act 2008 already ensures that that is the case. It states that the overall purpose of the levy,
“is to ensure that costs incurred in supporting the development of an area and in achieving any purpose specified under section 204N(5) can be funded (wholly or partly) by owners or developers of land in a way that does not make development of the area economically unviable.”
The overall purpose of the levy applies to all levy regulations, including those made under proposed new section 204G(4)(a), to which the hon. Gentleman has proposed additional text. This means that when charging authorities set rates or other criteria, they must have regard to matters specified in levy regulations relating to the economic viability of development. Although I understand his point, I hope that with that explanation, he will agree that amendment 162 is unnecessary.
Amendments 163 and 164 would prevent the Secretary of State from requiring, through regulations, that differential rates of the levy be set. They would also prevent the Secretary of State from specifying in regulations the basis on which a threshold for such rates may be determined. Again, I recognise that the aim of the amendments is to ensure that the rates are set solely by the charging authority, but I reassure the Committee that local rate-setting is indeed essential to the levy design. However, the levy must be charged in a coherent and consistent way, so that it meets its objectives of capturing more value and raising more revenue for local planning authorities, while maintaining the viability of developments across an area.
How the levy is charged should reflect the different amounts of additional value that might be generated across different kinds of development. In some circumstances, it might be necessary to require in the levy regulations that rates be set at higher or lower levels. For example, the additional value created by new floor space might be a lot greater than that created when existing floor space undergoes change of use. Similarly, the additional value generated by a residential development might be a lot higher than the amount generated by some types of commercial development, and it is right that the difference in value is reflected in levy rates.
There might be types of development on which it is simply not appropriate to charge the levy, or on which it would be appropriate to charge a reduced rate. Providing for that in the levy regulations will ensure the coherence of the regime that I talked about.
How much additional value is generated by a development depends in part on how much it cost to build, and on the value of the land before development takes place. The minimum threshold will broadly account for the costs of development in an area by charging the levy on the final gross development value. Above the minimum threshold, the levy is charged only on the additional value of a development. Without a minimum threshold, the levy would not be able to reliably capture more of the value uplift in different development types and land uses, while maintaining viability. The ability for levy regulations to require that thresholds for nil or reduced rates be determined in a specified way, including the ability to adjust them with reference to the cost of development in a charging authority’s area, is key to ensuring that this aspect of the levy function works in a coherent and consistent way.
Matthew Pennycook
I appreciate that comprehensive answer from the Minister, but I am afraid to tell him that I am not reassured. I am not sure—I will happily go back and check the record—that he addressed my specific points. As I said, our concern is that the language in proposed new section 204G(4)(a), when it comes to specifying how viability is handled within the rate-setting process, refers simply to “development”. It is not consistent with the language in proposed new section 204A(2), which specifically refers to “development of an area”.
The Minister spoke in general terms about the local rate-setting process. I take no issue with that. It is absolutely right that the local charging authority looks at viability as part of that process, but the specific concern that we have, as I said, is that it may be forced to assess the viability of every site in the area that it oversees, rather than being able to undertake a general assessment of viability in that area and not have specific sites skew the results. This could potentially have very serious implications for the levy rates that are set and the ability of developers to try to drive down those rates as part of the process. We are not satisfied on that score.
On amendments 163 and 164, we do not take issue with the fact that there needs to be a minimum threshold or the need for specified ways of setting or adjusting the levy rates. Our issue is with the powers that the Bill provides for the Secretary of State to intervene and overturn a locally determined rate that has gone through an examination process. The Minister has not convinced me that there is a good reason for those powers. On that basis, I am keen to make the point that we think this is one of the many weaknesses in the Government’s proposed infrastructure levy, so I am minded to press amendment 162 to a vote.
Paul Scully
Let me just answer a couple of points as the hon. Member considers whether to press the amendment to a vote. I assure him that charging the levies is very much for the local authorities. The intention is to not have a system that is different for every single development, because that becomes incredibly unwieldy—that is the point of introducing this system rather than the existing, technically complex system, where developers, who have deeper pockets than many local authorities, and more expertise, get round section 106 and CIL and so on. If they so choose, local authorities should be able to have different levies in different areas within their remit, but that should not be just from development to development. That is the intention of the measures here.
The powers of the Secretary of State reflect the current system. As I mentioned, the Secretary of State has powers under the existing system and we are reserving that same right, which is to be used only very sparingly.
Matthew Pennycook
I thank the Minister for that useful further clarification of the Government’s intention, but in many ways he made my point for me. No one is taking issue with the fact that the Bill specifies that local charging authorities set the rate. That is absolutely right. It is an advantage of the proposed system vis-à-vis that outlined in the 2020 “Planning for the Future” White Paper, which envisaged a nationally set rate or rates. The issue we have—the Minister spoke directly to this point—is the inequality of arms between developers and local planning authorities. Our concern is that the language in the Bill will allow developers, not in the way they do with the current section 106 system but under the new system, to use their extra resources, skills and expertise to drive down levy rates at the point at which they are set, due to the way that viability is dealt with in proposed new section 204G(4)(a). I am not satisfied by the Minister’s comments, and I will press amendment 162 to a Division.
Question put, That the amendment be made.
Matthew Pennycook
First, I congratulate my hon. Friend the Member for York Central on amendment 168. She rightly speaks about the importance of green space in urban areas and about how we can increase the rate of it, if anything, when it comes to individual planning applications.
I will speak primarily to amendment 59, because I think it is worth putting the following on the record. I understand the point that the hon. Member for Buckingham is making, but my reading of the Bill is that the framework established in part 4 already allows charging authorities to set different IL rates according to existing and proposed uses, and those could include different rates for greenfield and brownfield sites. So the means to resolve the issue he is driving are already in the Bill, and Buckinghamshire Council will be able to set different rates on brownfield and greenfield sites if the Bill is given Royal Assent.
Our concern is that, by seeking to make mandatory a sliding scale of charges relating to land type or existing typologies by site, amendment 59 could result in reduced infrastructure contributions and lower levels of affordable housing in areas where development mainly or exclusively takes place on brownfield land, because it would prevent charging authorities from setting rates that are effective and suitable for their area and that consider local circumstances. For example, a mandatory sliding scale of charges, as proposed in the amendment, could result in the expectation that a charging authority whose development sites are entirely or mainly on brownfield land would set low IL rates to incentivise development in that area and disincentivise development in other areas with fewer brownfield sites.
Furthermore, brownfield development in higher-value areas will almost certainly generate sufficient values to support higher levels of contributions than would be possible on greenfield sites. As such, a mandatory sliding scale of charges would mean the loss of developer contributions that could viably have been delivered on brownfield sites, with no assurance that this would be offset by a higher level of contributions on greenfield land. Labour firmly believes in the principle of brownfield first, as do the Government, and that is absolutely right. However, we feel strongly that the setting of different IL rates for different land types should ultimately be determined by individual charging authorities taking account of local circumstances, rather than by the method proposed in amendment 59.
Paul Scully
The Government are already providing strong encouragement for the take-up of brownfield sites—we are all agreed on that—and are prioritising suitable brownfield land for development wherever possible. There is significant investment through the £550 million brownfield housing fund and the £75 million brownfield land release fund to unlock brownfield land across different communities across the country. Our national planning policy framework makes it clear that local authorities should give substantial weight to the value of using suitable brownfield land in settlements for homes and other identified planning need.
We recognise the importance of delivery on brownfield sites, as has been raised by the hon. Member for York Central and my hon. Friend the Member for Buckingham. However, we believe that that is better achieved through planning policy rather than through a fixed algorithm that automatically increases levy charges on the basis of the proportion of greenfield to brownfield. This further amendment would add a new element to the levy formula, which would still allow for greater greenfield development in certain circumstances, but would remain a formulaic approach rather than a policy-driven one.
The proportion of greenfield development within the local authority should continue to be policy driven at that local level, as we have heard. I agree with the hon. Member for Greenwich and Woolwich that it should be the local authority—the charging authority—driving that, based on their local circumstances. In any case, proposed new section 204G(5) and (8) in schedule 11 already contains powers for the levy regulations to permit or require local planning authorities to set different levy rates for different kinds of development, and proposed new section 204G(4) makes it clear that the local authority must have regard to the increases in land value that result from planning permission. That provides a framework where, if increases in land values are higher, as we have heard is often the case with greenfield development, higher rates can be set. On that, we agree in terms of policy.
In answer to the hon. Member for York Central, I totally understand her drive when she talks about buildings going up to five storeys, and it is important that it is the local area that determines exactly these things. Whether it is the view of the Minister or the affordability of properties, that should not be determined centrally with an artificial algorithm. It very much needs to be locally driven, so that local families and communities benefit from housing themselves and from the economic value of bringing in new people and new investment. It is about getting that balance right, and that will change for different areas. It was interesting to hear the hon. Member’s tour de force—that tour of York, and I suspect I will get a bit more about green spaces later this morning.
Paul Scully
A lot more, the hon. Gentleman says from a sedentary position.
Clearly, we do need those green lungs, as my hon. Friend the Member for Buckingham said. Those of us who have an urban, suburban or semi-urban area need to get that balance right, and I would much rather that that was done through a policy framework than by an algorithm, which can be game-played by developers. It is important to get this right at a local level, so it is important to get for local authorities to get the local plan in, so that they can shape their place. They have the determination to do so. For those reasons, amendments 168 and 59 are not necessary.
Paul Scully
It has been interesting moving around some of the areas where the infrastructure levy can be used, whether for cycles, footpaths or micro-transport. The hon. Member for Greenwich and Woolwich mentioned from a sedentary position that we are going to get the good experience of York. I did not realise that we were going to have the experience of Trieste in Italy as well. It is interesting to hear about that, although I understand that in Trieste they do not have mental health provision in hospitals either because they tend to keep to people suffering with their mental health in their homes. It is a different cultural situation, but the point was taken.
The hon. Member for York Central talked about allotments. I do not want to see the community levy contributing to a dulling of good developers who want to provide community facilities as part of their place-shaping. Allotments are comparatively low cost to design and implement, but have massive social and community value. I very much understand that point. Having been the Hospitality Minister for two years, and now the Minister for Faith, I find the hon. Lady’s proposal to combine those roles in the church/pub really interesting—we will see how that goes.
This is the problem with putting lists in Bills. The list is not supposed to be exhaustive and comprehensive—there are plenty of things that charging authorities can, should and will be looking at, such as those the hon. Lady has outlined. The Bill gives a starting point, but I do not think we need to go further at this stage, because the rest of the Bill gives the local authorities wide powers, allowing them to spend the levy on the infrastructure that their communities need, rather than it being imposed by us in the detail proposed by the amendment.
I reassure the hon. Lady that, should a local authority wish to spend the levy on items of infrastructure that are not expressly stated in the list in proposed new section 204N, as long as it is infrastructure in the common sense and natural meaning of the word, it will indeed be able to do that. The levy can be spent on any infrastructure that supports the development of an area, including funding the provision, improvement and replacement, operation or maintenance of infrastructure, providing that it is in accordance with the original aim of the levy as set out in proposed new section 204A.
The Bill also allows for regulations to add, remove or vary the content of the list to support infrastructure delivery through the levy if it is necessary and if any clarification is needed.
Rachael Maskell
Energy should get particular mention in a redrafting of the Bill. Other countries are further advanced; we are behind. That is a specific point, and we should see that change. Does the Minister conclude that all the other issues in the amendment would be facilitated by proposed new section 204A, as set out in that broader definition of the Bill? If that is the case, I am happy to withdraw the amendment.
Paul Scully
I do not see the need to put energy generation in the list because, absolutely, that and the other areas she raises are included. I am happy to give her that reassurance. As long as the local authority thinks something is needed, and it fits within the definition of infrastructure—I think we can agree that all the points she raises fit within that definition of infrastructure—the answer is yes.
Rachael Maskell
I am grateful to the Minister for giving way again. Just for clarity: if the authority were to bring forward a proposal for microgeneration of energy or an energy facility in order to support a local town, conurbation or whatever, that would be included, too. I made the point about energy having a separate mention in the Bill because it is such a big issue and much broader than some other areas, but would that also be covered?
Paul Scully
Yes. If the local authority thinks it is needed, then absolutely. The discourse around housing is often just about the supply of housing, but clearly energy, and energy generation of all sorts, needs to be brought into it. We need to bring in schools, hospitals and medical facilities of all types, and indeed allotments, as she said. Yes, I can give her that assurance, and ask her to withdraw the amendment.
Rachael Maskell
I have heard what the Minister has said. I will take his words as authoritative—they will be in the Hansard record of today’s debate—and, as a result, I will withdraw my amendment. The point about energy is significant, not least if I look at the Derwenthorpe development by the Joseph Rowntree Housing Trust in York, which has put energy and a community centre at the heart of that social/private development. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Matthew Pennycook
I beg to move amendment 165, in schedule 11, page 306, leave out from line 38 to line 2 on page 307.
This amendment would limit the circumstances under which the Secretary of State could direct a charging authority to review its charging schedule.
This amendment, much like amendments 162, 163 and 164, which we debated earlier in relation to the IL rate-setting process, is concerned with ensuring that the new levy system is genuinely local and that charging authorities are fully in control of developing its discretionary elements at a local level. It would remove proposed new section 204Y(1)(b), which provides the Secretary of State with the power to direct a charging authority to alter its charging schedule in a range of circumstances, including
“in any other circumstances that IL regulations may specify”.
That is of particular concern.
Given that the Bill gives the Secretary of State the power to revise individual charging schedules at their sole discretion, with no need to justify that intervention by means of any objective evidence-based criteria, we are concerned that, as drafted, it could have significant implications. For example, it could allow a future Secretary of State to require a charging authority to amend its locally developed charging schedule as a result of lobbying by a developer, without having to provide any evidence that the levy as implemented in the area in question is impairing viability and frustrating development.
We believe that this amendment is necessary to ensure that the Secretary of State cannot direct a charging authority to alter its charging schedule merely due to the passage of time or any other circumstances they see fit, given that the only justified rationale for an intervention from Ministers in relation to a charging schedule—namely, its impact on viability—is already covered by subsection (1). I look forward to the Minister’s response.
Paul Scully
Proposed new section 204Y(1)(b) enables the Government to require an authority to review—not necessarily alter—its levy charging schedule if a significant amount of time has passed since its last issuing, review, revision or replacement. Proposed new section 204Y(1)(c) enables the Government to require a review in any other circumstances as may be specified through regulations. It is important to have a power to direct a review to be undertaken after a significant period has elapsed since the schedule was put in place or revised. That is because there may be occasions when a schedule has been in place for many years without a proper review, and so is not up to date.
The levy will be a mandatory charge, and for many local authorities operating a levy on new developments it will be a novel means to capture land value. Monitoring and reviewing charging schedules will therefore be important, especially for authorities that are unaccustomed to charging a levy. That is why we want levy charging rates to be reviewed on a timely basis. We will issue guidance on what that might reasonably mean in terms of time and circumstances. I hope that provides reassurance, including for communities and developers, that the rates remain appropriate. We want to make sure the approach is balanced.
Historically, local planning authorities have not always reviewed and updated key documents, such as local plans, in a timely fashion, which is why it is appropriate to take this power to direct a charging authority to issue, review, revise or replace. Furthermore, it is entirely consistent for the Bill to secure timely reviews of charging schedules and to require that local authorities introduce a charging schedule in the first place. Levy charging schedules are underpinned by evidence on local economic circumstances and viability. Reviews either provide confidence that the charging schedule remains appropriate or starts a process of revision if they are considered not to be.
We also consider it important to have the power to regulate for any other circumstances in which the Government may want to direct that a review be undertaken, such as if a new local plan is issued soon after the publication of a charging schedule. Any further circumstances identified will be introduced through affirmative regulations, and so will be laid before this House and debated and approved here. With that clarification, I hope the hon. Gentleman will agree to withdraw the amendment.
Matthew Pennycook
I beg to move amendment 166, in schedule 11, page 308, leave out line 25.
This amendment would prevent IL regulations making unspecified provision about how powers under section 106 of TCPA 1990 (planning obligations) are used.
The Committee will be relieved to hear that this is the last of our amendments on the infrastructure levy. It relates to the interaction of the infrastructure levy with other existing powers. As drafted, proposed new section 204Z1(1) in schedule 11 provides for future IL regulations to make unspecified provisions about how a range of existing powers, including CIL and section 106 planning obligations, are to be used or not used.
Our specific concern relates to the application of those broad powers to the use of section 106 agreements. While we appreciate fully that there are circumstances where the use of section 106 will have to be limited—for example, to avoid double charging a development for the same infrastructure item—we feel strongly, for reasons that I went into in exhaustive detail on Tuesday in relation to that part of the Bill in the round, that section 106 agreements have a crucial role to play in ensuring we secure sufficient levels of affordable housing. We are concerned that proposed new subsection (1) could be used to unduly restrict their use.
By deleting line 25 from page 208, amendment 166 simply seeks to ensure that future IL regulations cannot make unspecified provisions about how section 106 agreements are used once the levy system is operational. I hope the Minster will seriously consider accepting the amendment. If not, I feel that we need, at a minimum, far greater clarity about the precise circumstances in which the Government expect to have to restrict section 106 of the Town and Country Planning Act 1990.
Paul Scully
Proposed new section 204Z1 in schedule 11 enables the Secretary of State to prescribe how certain powers are to be used or not. As we have heard, proposed new subsection (1)(c) enables the Secretary of State to prescribe how section 106 applications may or may not be used alongside the levy. That power has been used previously to make provision under the community infrastructure levy regulations to ensure that section 106 obligations are necessary in planning terms, directly related to the development, and fair and reasonably related to the scale and kind of development.
We need to be able to continue to ensure, under the new system, that section 106 obligations are used in ways that are appropriate, necessary and fair. We need to be able to delineate between matters that should be funded by the levy, and contributions to infrastructure or mitigation that should be secured by the more narrowly focused section 106 agreement. That means that developers will know that they will receive consistent treatment across different local authorities.
Removing section 106 from the list of powers will mean that the Secretary of State is unable to provide clear, coherent and consistent boundaries between what the levy should be used for, and what section 106 agreements can and cannot be used for. That would remove a key provision that will provide for coherence across the levy and the planning obligations regime. It is important to remember that the levy will take most of that. It will be more complicated, niche or bespoke schemes for which section 106 will remain. That coherence is why we want to keep that power and consistency. For that reason, I hope the hon. Member for Greenwich and Woolwich will withdraw the amendment.
Matthew Pennycook
That is a welcome additional clarification from the Minister, and I do not want to rehearse the previous debates that we have had. As I set out at length, we believe that the infrastructure levy should be discretionary and that, if it is not discretionary, affordable housing should not be within scope, so we remain concerned about the ability of this power to restrict how section 106 agreements are used. However, I will not press the amendment to a vote. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Schedule 11, as amended, agreed to.
Clause 114
Power to designate Homes and Communities Agency as a charging authority
Question proposed, That the clause stand part of the Bill.
Matthew Pennycook
I have a question relating to clause stand part. The Homes and Communities Agency, which operates under the trading name of Homes England, can already be designated as a local planning authority under the Housing and Regeneration Act 2008. The clause amends section 14 of the Act to provide that, if a designation order is made under section 13 to designate the HCA as a local planning authority for all or part of a designated area, the designation order may also make provision for the HCA to be the IL charging authority for all or part of the designated area.
The current situation with CIL is that the Homes and Communities Agency, urban development corporations and enterprise zone authorities can also be collecting authorities for development where they grant permission, but only if the relevant charging authority agrees. It would appear that the new provision in the clause allows Homes England to be a charging authority for the area where it acts as the planning authority, without the need for agreement from the local planning authority, as is currently the case with CIL.
Given the circumstances, I am more than happy for the Minister or his successor to respond to me in writing at a later date, but I would be grateful if he could explain the rationale behind the change of approach, what engagement and consultation Homes England will be required to carry out with other relevant local bodies in the absence of an explicit agreement to exercise the relevant powers, and what processes Homes England will use to decide how IL should be spent in that area.
Paul Scully
I will write to the hon. Gentleman with further details. As he rightly says, the clause is designed purely to act as a framework for having Homes England become a charging authority as well as a local planning authority. That power has not be exercised to date, but if it were, Homes England could become a charging authority. It is important to have the power in order to allow the Homes and Communities Agency to become the charging authority as well as the local planning authority, and to specify the purpose and kinds of development. Without the clause, the levy may not be able to function effectively in areas where the Homes and Communities Agency may be designated as the local planning authority. I commend the clause to the Committee, and I am happy to write to the hon. Gentleman with further details, should he require them.
Question put and agreed to.
Clause 114 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned.—(Gareth Johnson.)
Levelling-up and Regeneration Bill (Twenty First sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 8th September 2022
(2 years, 3 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 8 September 2022 - (8 Sep 2022)
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Matthew Pennycook (Greenwich and Woolwich) (Lab)
I beg to move amendment 173, in clause 116, page 133, leave out lines 13 to 20 and insert—
“(a) protection of the natural environment, cultural heritage and the landscape from the effects of human activity;
(b) maintenance, restoration or enhancement of the natural environment, cultural heritage or the landscape;
(c) protection of people and their long-term health, safety and wellbeing from the effects of human activity on the natural environment, cultural heritage and the landscape;
(d) protection of the climate from the effects of human activity;
(e) monitoring, assessing, considering, advising or reporting on anything in paragraphs (a) to (d).”
This amendment would broaden the definition of environmental protection to allow the Secretary of State to specify outcomes relating to climate change obligations and public health objectives.
It is a pleasure to serve under your chairmanship, Mr Hollobone. Part 5 of the Bill concerns the Government’s proposed new approach to assessing the potential environmental effects of relevant plans and major projects —namely, environmental outcomes reports. The reports are intended to replace the partly European Union-derived systems of strategic environmental assessment, including sustainability appraisals, and environmental impact assessments.
The Government’s rationale for the change in approach—this is gleaned not only from reading the Bill and its accompanying documents, but from the 2020 White Paper—is that the SEA and EIA systems can lead to duplication of effort and overly long reports, which inhibit transparency and add unnecessary delays to the planning process, and that the EOR framework will provide for clearer, simpler and presumably shorter assessments, with designated environmental outcomes that are easier to understand and monitor, and therefore to mitigate, remedy and compensate for, and will ensure that strategic and project scale assessments are properly joined up.
The Government’s critique significantly overstates the weaknesses of the SEA and EIA systems. That is not to suggest that they are perfect; for example, they can rightly be criticised for too often producing assessments that are too complex and cumbersome to be used effectively. However, the Government already have the necessary powers to improve many aspects of the SEA and EIA systems, if they chose to exercise them. Overall, the existing systems have made an enormous difference to how the environmental impact of development is considered. They are well established and understood, and when used correctly, they provide for rigorous, evidence-based, comprehensive assessments of the direct and indirect effects of projects and their mitigation in a way that involves the public.
As things stand, we really have no idea whether the proposed system of environmental outcomes reports provided for by part 5 will ultimately improve the process of assessing the potential environmental effects of relevant plans and major consents, because, as with so much of the Bill, the detail required to understand how EORs will operate in practice is simply not available. For example, we have no idea what range of factors the EORs can consider, or when EORs will be mandated. These and a wide range of other questions will be answered only when the regulations that set outcomes emerge in due course. Given the wide-ranging powers provided for in this part of the Bill, that is a cause of real concern.
When it comes to the basic EOR framework provided for by clauses 116 to 130, we take the view that an outcomes-based system could be an improvement on the present systems, given that they assess on the basis of the significance of effects on all relevant environmental receptors—although, again, it is impossible to arrive at a considered judgment on how much practical difference the EOR system will make when we have no idea how detailed or ambitious those outcomes will ultimately be, or what timeframe they will involve.
However, while we recognise the potential for an outcomes-based approach to establish an improved system of environmental protection, we are extremely concerned that part 5 is likely to lead to an approach that is too limited in scope, is insufficiently aligned with important obligations and requirements in environmental and climate legislation, and—for all the assurances to the contrary—provides an opportunity for environmental regression in the future.
It is essential that we have confidence that the new environmental outcomes report system will maintain the robustness and scope of the strategic environmental assessment and environmental impact assessment frameworks, and will lead to tangible improvements in our natural environment, as well as helping to fight climate change. If we are to build that confidence and provide reassurance that the new system will deliver improved outcomes, the EOR framework provided for in clauses 116 to 130 needs strengthening in a number of important respects. Amendment 173, and others that will be debated later, are designed to achieve that aim.
Clause 116 gives the Secretary of State the power to make regulations that set out specific environmental protection outcomes against which relevant plans and consents will be assessed, and sets out what the Secretary of State must have regard to when making those regulations. Subsection (2) sets out the definition of environmental protection for the purposes of the Bill. The Committee will note that it includes
“protection of the natural environment, cultural heritage and the landscape from the effects of human activity”,
as well as protection of people from the effects of human activity on each of those, and their maintenance, restoration or enhancement.
We take no issue whatsoever with any of the definitions in subsection (2). Indeed, the Government’s decision to explicitly include references to cultural heritage and the landscape in what is meant by “environmental protection” is welcome; but we still believe that the definition is too limited. Specifically, protection of the climate, and protection of people’s long-term health, safety and wellbeing from the effects of human activity, should be explicitly included in the Bill’s definition of environmental protection. Amendment 173 provides for that broader definition, and would enable the Secretary of State, when making regulations under part 5 of the Bill, to specify environmental outcomes relating to both climate change obligations and public health objectives.
In short, the amendment would expand the range of possible environmental outcomes that Ministers could, if they chose, specify by regulation in the future, and therefore expand the range of things that assessments under the EOR regime could encompass. It would allow the Secretary of State to, for example, specify as a desired outcome the long-term flood-proofing of key infrastructure, so that it is climate resilient; or measures to promote walkability and urban cooling, so that development promotes key public health objectives. This is a sensible and proportionate amendment, and I hope that the Minister will consider accepting it.
The Minister of State, Department for Levelling Up, Housing and Communities (Paul Scully)
It is a pleasure to serve under your chairmanship, Mr Hollobone. As we have heard, the amendment seeks to expand the definition of “environmental protection” in clause 116 to include explicit reference to public health and climate change. Before I turn to the detail of the clause and the introduction of the new environmental outcomes reports, I should say that the Government have been clear that the new system is intended to improve the assessment of projects’ environmental impacts, and to place environmental matters—including climate change and public health—at the centre of decision making.
In line with that ambition and the commitment to non-regression, the definitions in clause 116 reflect and build on the definitions in the Environment Act 2021. Many of the terms used in the EU system of strategic environmental assessment and environmental impact assessment duplicate existing processes, or are poorly understood. Our broader approach to defining what outcomes may be covered will allow the Secretary of State greater flexibility to consider all relevant matters, including those that form part of the current assessment regime, such as human health and climate change.
As set out in subsection (2)(b) of the clause, the definition of environmental protection includes the protection of people, which would allow the Secretary of State to consider matters relating to health when setting outcomes. Subsections (2)(a) and (b) refer to protection from the effects of human activity, which would include protection from the impacts of climate change. Further, the definition of environmental protection is covered by the definition of the natural environment in subsection (3). This definition includes natural systems, cycles and processes, to ensure that matters such as climate change are properly built into consideration of outcomes under the new system.
While climate change and human health will undoubtedly be important considerations in setting outcomes, it is not necessary to make more explicit reference to them in primary legislation; doing so would risk limiting the range of outcomes that can be set, and risk our suggesting that climate change and health will be considered above other environmental topics that may, in individual cases, be equally important.
It is right that environmental outcomes reports focus on the full range of environmental issues. Developing the detail of what outcomes will be covered in secondary legislation will allow us to consult stakeholders, so that we can ensure that climate change and public health commitments, as well as other environmental matters, are captured. Outcomes will also draw on the extensive commitments made across Government, including the requirement in subsection (5) for the Secretary of State to have regard to the latest environmental improvement plan when setting outcomes. Setting out details around climate change and public health in secondary legislation will also enable us to minimise the risk of duplication and ensure alignment, as these are important considerations across other policy areas in the planning and consenting systems. In the light of these assurances, I hope that the hon. Member for Greenwich and Woolwich is able to withdraw his amendment.
Matthew Pennycook
I appreciate that response, but I do not think it addresses the concern raised by the amendment. I very much welcome what the Minister said about the Government’s intention to put public health and climate at the centre of decision making. The concern, though, is that although the clause gives a comprehensive list of what “environmental protection” means, it does not explicitly reference public health—human health—or climate, and I cannot for the life of me understand how inserting those things in the Bill explicitly would in any way limit the outcomes that could be set. We would merely be specifying and clarifying that outcomes relating to those two objectives were caught under the powers in the Bill.
I note what the Minister says about forthcoming secondary legislation capturing those objectives, but this issue speaks to our concern that there is a real gap in how the Bill addresses climate and public health. We feel that while opportunities to reinforce the Government’s commitments are woven through the fabric of the Bill, those issues are often neglected or left out.
I will not press the amendment, but we shall come back to the issue of public health and climate, because they need to have a much more central role in this legislation, and to be written into the Bill in many important respects, including in clause 116. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Matthew Pennycook
It absolutely is. The amendment seeks to ensure that the obligations we have made, and the way that they are written into domestic legislation, is accounted for in the framework that part 5 provides for. After all, we are talking about how to assess the environmental impact of development. It stands to reason that requirements and obligations that flow from things such as the Climate Act 2008 should be written into the Bill explicitly. Leaving them out is problematic because it would lead to important EOR regulations being made without there being sufficient regard to significant relevant targets, duties, strategies and obligations, which, we should remember, the Government themselves legislated for.
Amendment 174 seeks to replace subsection (5) of clause 116 with a subsection containing a more comprehensive list of requirements that the Secretary of State should have regard to—it is only “should have regard to”—before making any EOR regulations that make provision about specified environmental outcomes. In addition to the environmental improvement plan, the Secretary of State would have to have regard to: biodiversity targets, including those under sections 1 and 3 of the Environment Act 2021; the duty to conserve biodiversity, as is required under section 40 of the Natural Environment and Rural Communities Act 2006; local nature recovery strategies, as is required under section 104 of the Environment Act 2021; and lowering the net UK carbon account, as is required under section 1 of the Climate Change Act 2008.
Putting that expanded list of requirements in the Bill would strengthen the EOR framework by making it perfectly clear that the Secretary of State has to take into account those important legislative commitments when making EOR regulations.
In addition to expanding the list of requirements that the Secretary of State must have regard to before making any EOR regulations relating to specified environmental outcomes, we also believe there is a compelling case for greater parliamentary oversight of any such regulations that are proposed. The explanatory notes to the Bill make it clear that set outcomes will be subject only to public consultation and the affirmative parliamentary procedure. I will not detain the Committee with a digression on the limitations of the affirmative procedure as a means of effective parliamentary scrutiny—we are all familiar with them, and have discussed them in the context of the Bill previously.
Clause 116 and the other clauses in part 5 provide the Secretary of State with expansive powers allowing them to pass, by regulation, as yet unspecified, and potentially far-reaching, measures affecting the environment and environmental law, so we strongly believe that any such regulations should be subject to the super-affirmative procedure. New clause 52 would provide for use of that procedure for regulations made under part 5. I hope the Minister will give the new clause consideration, along with amendment 174.
Paul Scully
I understand the hon. Member’s concerns, but I hope to explain why the approach that we have taken in the Bill is sufficient. Amendment 174 would require environmental outcomes to be set in accordance with the environmental improvement plan, biodiversity targets, local nature recovery strategies and the Climate Change Act 2008. The environmental improvement plan, the current iteration of which is the 25-year environment plan, is where the Government set out how we aim to leave the environment in a better state than we found it. The Government have made it clear that an outcomes-based approach will be developed to support our environmental ambitions. For the purposes of this legislation, the environmental improvement plan is the most relevant document in informing the setting of outcomes. It is where the breadth of the ambitions are captured, and it is itself informed by a wide range of commitments and matters from other sources.
The Environment Act 2021 created a duty on the Government to prepare annual reports on the implementation of the environmental improvement plan, and to review and, if necessary, reissue the plan every five years. As such, it is a dynamic document that will evolve over time and reflect the most up-to-date position on the Government’s efforts to support the environment.
The environmental improvement plan also sets interim targets in respect of each of the key matters for which the Government have applied legally binding environmental targets, which will be reviewed regularly. That includes the biodiversity target mentioned in the amendment. Other more general duties and local strategies will also be informed by this overarching plan.
The amendment would also introduce a duty to act in accordance with a range of existing legislative provisions, and therefore risks creating potential conflict and unnecessary confusion. It is unclear how, for example, a national outcome could be set in accordance with a local nature recovery strategy, which is by definition spatial and site-specific.
Outcomes will cover a broad range of topics. The intention is not to create an exhaustive list of everything that will be considered when they are being set; rather, it is to recognise that the environmental improvement plan is at the heart of the Government’s agenda. Other duties will of course be reflected in outcomes at the moment they are set, but the duty to have regard to the current environmental improvement plan is the clearest way of ensuring that outcomes reflect the Government’s environmental ambitions.
With that in mind, it is important to note that the environmental improvement plan and commitments such as those under the Climate Change Act 2008 were not conceived as a way of informing outcomes for the EOR. As such, it would not be appropriate to set a hard requirement that EOR outcomes be set in accordance with those commitments.
The purpose of environmental outcome reporting, as is true of the existing system, will be to ensure that the right information is gathered to inform the right decisions, not to prioritise any one particular policy over another. Not everything in the environmental improvement plan will be relevant to development and environmental assessment, and there will be ambiguity as to how the plan should best be translated into outcomes for individual plans and developments. Equally, we will want to set outcomes in respect of landscape and cultural heritage, which are not in the scope of the plan.
When making EOR regulations that specify outcomes, we will have regard to the environmental improvement plan and other relevant considerations. Just as importantly, we will use the process of public consultation to ensure that we are capturing the outcomes that will best support the delivery of our environmental priorities. The amendment therefore risks both confusing and limiting the process by which outcomes are set. Given that explanation, I hope that the hon. Member for Greenwich and Woolwich will be able to withdraw the amendment.
New clause 52 seeks to make the EOR regulations subject to the super-affirmative procedure—something comparatively new to me. We have sought to take a proportionate approach to parliamentary scrutiny and consultation, placing the strongest requirements on the core elements of the new system. Clearly, we want to ensure that we have the best debates, consultations and discussion on such incredibly important issues. The use of powers in this particular part of the Bill, however, is tightly constrained with broad use of the affirmative procedure to ensure that Parliament gets the opportunity to scrutinise regulations properly in detail.
In addition to requiring the affirmative procedure, clause 125 ensures that EOR regulations that cover the most significant aspects of the new regime—for example, those that specify outcomes—will also require public consultation or consultation with stakeholders. That will provide stakeholders and parliamentarians with the opportunity to consider the details of the proposed regulations in advance of their being laid. Regulations requiring public consultation will be followed up by an official Government response on how those views have been taken into account in setting the detailed policy.
Before engaging formally on the detailed regulations, after the Bill achieves Royal Assent we plan to launch a high-level consultation on the core elements of the new system—for example, on the outcomes-based approach to assessment and the use of the mitigation hierarchy in assessing reasonable alternatives. That will be combined with conceptual roundtables and expert policy forums to inform the design of the new regulations and wider implementation.
As such, the super-affirmative procedure would duplicate the consultation and the approval requirements, so we do not deem it necessary. It would only serve to slow down the process of bringing forward necessary reforms that we believe will help to improve the environment in the long run. Given that explanation, I hope that the hon. Member will agree not to press new clause 52.
Matthew Pennycook
I am somewhat reassured by that response from the Minister. However, I take issue with it in a number of respects. I appreciate fully that the 25-year environment plan is the current environmental improvement plan. It may be the most relevant document, but it is limited. I note the point about biodiversity targets, but the document does not contain all the other requirements in the legislation listed in the amendment. The environment plan may be informed by those other requirements, but it does not contain them and does not operate in the same way.
If I am honest, I struggle to understand the issue with the insertion of language relating to legislation the Government have passed, which one would hope has been aligned and made compliant with other bits of legislation that could create potential conflicts during the process of passing it. We remain concerned that the reference in subsection (5) is too limited and we would like to see a wider set of requirements written into the Bill, but I do not intend to press amendment 174 to a vote.
On new clause 52, I welcome the Minister’s comments on the processes that the Government intend to follow when it comes to designing EOR regulations. That measure of public involvement is welcome and will be an important part of the process, but we are still concerned that, overall, the safeguards are insufficient—I will come on to talk about the other safeguards provided in part 5. We do not believe that they tightly constrain the use of the powers; in fact, we think they do the opposite, and there are a number of loopholes that need to be closed.
I cannot for the life of me understand how a public consultation would duplicate the parliamentary oversight that would be afforded to this place by the super-affirmative procedure. I go back to the point I made on a previous amendment. These are broad, expansive powers, which are as yet unspecified. There is a need for greater parliamentary oversight, as well as other stronger safeguards. I am not going to press the new clause to a vote at this point, but we will come back to this and other matters on this part. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Paul Scully
I have said already that we are committed to delivering a modern system of environmental assessment that properly reflects the nation’s environmental priorities. The Bill allows us to introduce a new framework to replace the EU’s systems, while recognising the important role that environmental assessment plays. The previous regime could be overly bureaucratic and disproportionate. Expanding case law has led to a situation where unnecessary elements are being assessed for fear of legal challenges. The costs for big projects run into hundreds of thousands of pounds on occasions; yet, despite the lengthy reports, they often prove ineffective at securing better environmental outcomes or encouraging development to support the country’s most important environmental priorities.
The 25-year environment plan acknowledges that the UK is one of the most nature-depleted countries of Europe. The 2019 “State of Nature” report led by conservation research organisations found that 41% of UK species are declining and one in 10 is threatened with extinction. Given the urgency with which we need to restore the environment to leave it in a better place for future generations, we desperately need a new approach.
The powers in the Bill will extend to all regimes currently covered by the EU system, to ensure the best approach for the interoperability between regimes, particularly for projects that are often in the scope of more than one regime, such as planning and marine. The new approach will be centred around the creation of environmental outcomes reports, which will directly set out how consents and plans should support the delivery of environmental priorities by assessing the extent to which they support the delivery of better environmental outcomes. That moves us away from the uncertainty of assessing likely significant effects to a more tangible framework that provides more clarity on what should be assessed and when.
Assessing consents and plans directly against those outcomes will ensure that reporting is focused on those matters that will make a real difference to environmental protection. In turn, that will support more effective decision making and make reports more accessible to the public.
The outcomes will be fairly high level and user-friendly, simply setting out environmental priorities. It will be the job of indicators underpinning those outcomes to measure the delivery towards the outcomes. Indicators will be created and outlined in guidance for the different types of plans and projects and for different spatial scales. For example, indicators could set out which air pollutants should be measured and against which limits to measure the contribution towards an air-quality outcome seeking to reduce emissions.
Matthew Pennycook
I beg to move amendment 175, clause 117, page 134, line 26, at end insert
“relative to the current status of the environment as assessed in a prepared baseline study”.
This amendment would ensure that the preparation of a baseline study which sets the context for assessing the environmental effects of a proposed project remains a core requirement of producing an EOR.
This amendment relates to a technical matter, but still an important one. Clause 117 gives the Secretary of State the power to make regulations requiring the preparation of an environmental outcomes report for relevant plans and relevant consents, the criteria for which will be set out in due course in regulation. It is this provision that establishes the outcomes-based approach to assessment, which the Minister has just described, wherein anticipated environmental effects are to be measured against the specified environmental outcomes, which clause 116 provides the power for the Secretary of State to specify.
Clause 117 ensures that where an EOR is required, it must be taken into account when considering whether to grant planning consent and the terms on which it is given, or to bring a plan into effect. The core requirements of what an EOR should contain are set out in subsection (4). It specifies that an EOR
“means a written report which assesses—
(a) the extent to which the proposed relevant consent or proposed relevant plan would, or is likely to, impact on the delivery of specified environmental outcomes”.
Paragraph (b) specifies any steps that may be proposed in terms of mitigation, remediation or compensation, and paragraph (c) discusses any proposals about how paragraphs (a) or (b) should be monitored or secured.
It would therefore appear that, when it comes to EORs, the Government have in mind, essentially, a simplified environmental assessment report—one, as the explanatory notes make clear, based on the mandatory information required in the reporting stages of the environmental impact assessment directive and the strategic environmental assessment directive. However, in setting out the core requirements of what an EOR should contain, subsection (4) contains no reference to the need for an environmental baseline assessment to have been prepared. We believe that oversight needs to be addressed.
A baseline study is an essential part of preparing an EIA because it is necessary to assess the current status of any given environment prior to development taking place. It covers, for example, what habitats exist within the environment and how they are changing, or the type and number of species present, in order to accurately judge the expected impact of development on the outcomes previously specified. Indeed, because baseline studies are an integral part of the existing SEA and EIA systems, we believe their removal could well contravene the non-regression safeguard provided for by clause 120, which we will debate in due course.
When it comes to EORs, it is difficult to conceive of how they will operate in practice without some kind of baseline study taking place, because quantifying the impact of development on any given outcome requires that the precise characteristics of the locality in question are known.
By amending subsection (4)(a) of clause 117, amendment 175 simply seeks to ensure that the preparation of a baseline study, which would set the context for assessing the environmental effects of a proposed plan or consent, remains a core requirement of producing an EOR. I look forward to hearing from the Minister that the Government are content to accept the amendment or, if not, an explanation as to why the Government believe that baseline studies are no longer required when it comes to assessing the environmental impact of any given development.
Paul Scully
As we have discussed, amendment 175 would give an explicit requirement for the impact of a consent or plan to be set up relative to a baseline study on the current environmental state. Subsection (4)(a) of clause 117 explains that an environmental outcomes report must demonstrate how the plan or consent would affect the delivery of specified environmental outcomes. The environmental baseline is a reference point against which the assessment is carried out. It will remain part of the process of demonstrating how a plan or project supports the delivery of environmental outcomes.
While outcomes will reflect national priorities, it is important that they can be translated to the regional or local level, given that that is the level at which the plans and projects, which will require EORs, will normally take place. As such, outcomes will be underpinned by a set of specific indicators, which will measure the contribution of a plan or project towards outcomes. Those indicators will be relevant to the geography of an area and will change over time to reflect the latest scientific understanding. Indicators will outline how a plan or project shows whether they are contributing to outcomes, and will be tailored to the needs and characteristics of different outcomes.
The details of outcomes and indicators will be developed, as I have said, through consultation with relevant stakeholders, and we will work with experts to gain insights on how best to utilise baseline data to inform them and ensure that overall environmental protections are maintained. Following that, clear guidance will be provided setting out how a plan or project should use indicators to demonstrate that they are supporting outcomes.
I do not think that we are that far apart in this, and I hope that the hon. Member for Greenwich and Woolwich will accept my explanation that although the baseline data is clearly important in measuring those outcomes and using those indicators, we do not need the duplicative nature of having it in the Bill. I therefore hope the hon. Member will withdraw his amendment.
Matthew Pennycook
I appreciate that response from the Minister. I think we would still like something to be written into the Bill regarding baseline studies. However, I very much welcome the clarification that he has just provided—that they will “remain part of the process” , and that they will be translated and tailored to the regional and the local level. I think that is very important and, on that basis, I am happy to beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Paul Scully
The outcomes-based approach to assessment will ensure that the Government’s environmental commitments and priorities are placed right at the centre of the consenting process, in a system that is streamlined, transparent, accessible and clear. As outlined in the previous clause, we would want to make reports user-friendly and concise, enabling communities to understand what forms part of the assessment and how impacts are measured via indicators. We also want to improve the accessibility of reports and the data that underpins them by improving their format and avoiding multiple PDFs of tens of thousands of pages, for example.
In order to introduce the new outcomes-based approach to environmental assessment, the Government need the power to require the production of an environmental outcomes report for relevant proposed contents and plans. In taking that power, the Government are able to ensure that, where a report is required for a relevant consent or plan, the report must be completed before consent is granted or a plan is adopted.
Furthermore, the clause ensures that where an environmental outcomes report is produced, it must be considered by the relevant decision maker, which means that decisions are informed by quality information that fully considers the environmental effect of the plan or consent. It also sets out what the content of the reports should be. They will primarily assess how the proposed consent or plan would impact on specified environmental outcomes, supporting our ambition to move towards an outcomes-based system.
In structuring the clause, we recognised the need to provide powers to support the reform of a wide range of environmental assessment regimes across Government, but we have sought to ensure that core requirements are brought to the fore. For example, reports must consider reasonable alternatives to the proposed consent or plan and assess any steps taken in line with the mitigation hierarchy. This is the first time that explicit consideration of the mitigation hierarchy has been included in environmental legislation. Importantly, that hierarchy recognises that prevention is better than cure. In every consideration, plans and projects should first seek to avoid the impact happening in the first place, before considering mitigation and finally compensation, which should be absolutely the last resort. That sequential approach will finally be enshrined in law.
Having the powers to set out specifics in regulations rather than on the face of the Bill will ensure that the new system is more dynamic, allowing for updates to our approach to be considered and consulted on as our understanding of the environment deepens. It will also allow the differences between regimes to be accommodated. The clause sets out crucial provisions required to implement environmental outcomes reports and ensures that reports have sufficient weight and status in the decision-making process. I commend the clause to the Committee.
Question put and agreed to.
Clause 117 accordingly ordered to stand part of the Bill.
Clause 118
Power to define “relevant consent” and “relevant plan” etc
Question proposed, That the clause stand part of the Bill.
Paul Scully
Clause 118 gives the Government a constrained power to set what plans and consents require an environmental outcomes report. The Government want to be clear about which consents and plans require assessment, and we will use subsequent regulations—bounded by the commitment to non-regression—to provide clarity on when an EOR is required. By clearly setting out the different categories for consent and the types of plan that require assessment, we will be able to address the key issue with the current system, where debate about whether assessment is required acts as a block to moving forward with meaningful assessment.
We want to avoid unnecessary screening work, so it is more likely that more plans and projects will automatically be subject to a proportionate report and only in borderline cases must a criteria approach be followed. Developers will know where they stand up front, and local planning authorities can save the time and resources that are usually taken on screening of opinions.
Let me reassure the Committee that the clause will be used to reduce uncertainty, not assessment. The Government remain committed to ensuring that all plans and projects assessed in the current system will continue to be assessed, while removing troublesome uncertainty. The Government will also consult on which projects and plans should be subject to EORs. Parliament will have the opportunity to debate and approve the regulations that set that out. I commend the clause to the Committee.
Moving on to clause 119, the Government have made it clear that the protection and enhancement of the natural environment is a policy priority, and the measures designed to achieve that should be consistent and long term. The existing system does little to follow through on the commitments made during the assessment process—for example, whether the mitigation measures actually work or are implemented in the first place. Environmental statements are often created at great length, only for the follow-up monitoring and reporting of the impacts on the ground to be inconsistent at best.
Our proposed reforms to environmental assessment therefore provide a renewed and stronger emphasis on monitoring, to ensure that stated outcomes are delivered and that remedial action is taken where required throughout all stages of the development process. That means that achieving environmental outcomes does not stop once a consent is granted or a plan adopted. Importantly, clause 119 enables the Secretary of State to make regulations requiring action to be taken when monitoring or assessment processes have highlighted that a given outcome is not being delivered.
Those actions align with the mitigation hierarchy and the principles of avoidance, mitigation and compensation being built into that process to ensure accountability and to address fully any unanticipated or cumulative adverse effects on the environment.
Rachael Maskell
I have been listening carefully to the Minister. My concern about what he has been saying is that the process does not have sufficient teeth in the event that the EOR is not delivered. Can he clarify whether planning permission would be granted if the EOR requirement is not adhered to? Should that not be a condition for planning?
Paul Scully
The point is that some of that is to be looked at now. At the moment, an environmental assessment is effectively prose that may or may not be adhered to, whereas an environmental outcome is far more data driven, so it can be measured and mitigated, as I have said. That will happen in the lead-up to planning, but a lot will clearly be about how it is followed up after planning permission is given. As we have just been discussing, that effectively sets a baseline, saying, “That is the report; that is what you said you are going to do. You must now adhere to that, and we can follow up afterwards.” This is clearly a framework, and the teeth that the hon. Lady describes will need to be set out through enforcement teams and so on, but the measures provide a far more evidence-based approach to be able to follow up afterwards.
That is the point, because we will then have a dynamic monitoring process, which will account for any changes in conditions and available data to inform mitigation strategies. That is a significant benefit of the new system: it ensures that we take an ongoing approach to environmental protection rather than having just a snapshot in time. Monitoring the impacts over a longer period will allow for the collection of more high-quality data that can be used to drive better decision making and improve environmental outcomes.
We do not want an EOR to be an extra burden; we see it more as a rebalancing of resource and effort. We want a streamlined pre-consent process that provides up-front requirements and guidance, allowing more time to be spent on post-consent monitoring, which will be of far more value to the system in terms of both securing positive outcomes and making better use of the data produced so that we can learn from it.
Capturing that data also links to the digital powers in the Bill, and will ensure that the rich source of environmental data is put to use to inform future interventions and give a deeper and far wider understanding of the environment. It will be easier to form best practice and avoid making the same mistake twice. The clause is integral to ensuring that the environmental assessment process considers potential long-term environmental impacts, ensuring accountability and the delivery of outcomes, and ensuring that mitigation is working as it should. For all the reasons I have mentioned, I commend the clause to the Committee.
Matthew Pennycook
I welcome the detail provided by the Minister, but I will push him a little further on both clauses. Again, in the circumstances, I am more than happy for him to write to me to elaborate on his answers if he feels he needs to.
As the Minister said, clause 118(2) enables the Secretary of State to make regulations setting out those consents that should be considered category 2. Although category 1 consents will always require an EOR, category 2 consents will be required to produce one only where they meet criteria set through regulations made under the provision. I would be grateful if the Minister gave the Committee an idea of the criteria likely to be set through regulations under this provision that will require a category 2 consent, and of the rationale behind those criteria.
Clause 118(4) allows the Secretary of State to make regulations imposing a requirement for a consent in relation to a project. The requirement will be used, as in the current environmental impact assessment agriculture regime, where no other consenting mechanism exists. The Bill simply states that
“EOR regulations may impose a requirement for a consent in relation to project, which is to be a category 1 consent or a category 2 consent”.
Can the Minister explain the rationale for not specifying that the Secretary of State may impose a requirement for a consent in relation to a project only where no other consenting mechanism exists?
Clause 119(1) enables the Secretary of State to make regulations setting out how the delivery of specified environmental outcomes should be assessed or monitored. Can the Minister tell us whether the Government have a general sense of how outcomes will be assessed and monitored under this new framework and, if so, will he share it with the Committee?
Finally, clause 119(3) states that EOR regulations may make provision requiring action to be taken, if an assessment or monitoring under subsection (1) or (2) determines that is appropriate for the purposes of compensating for a specified environmental outcome not being delivered to any extent. Will the Minister explain the thinking behind the penalties and remedies available in the new EOR system when it comes to environmental outcomes not being delivered, and will he tell us whether the Department has undertaken any work to research the impact of introducing an outcomes-based approach on rates of delivery and non-delivery of environmental targets in development projects?
Paul Scully
Let me try to answer some of those points, and I will happily write with extra detail should I fail in my objective. We will clearly be consulting on which developments require an EOR when certain criteria are met, and we will publish those following Royal Assent. In line with our commitment to non-regression, we will ensure that any plan or project requiring assessment under the current regime because of its potential impact on the environment will continue to do so under the new framework. We want to avoid unnecessary screening work, so it is likely that more plans and projects will automatically be subject to a proportionate report, but only in borderline cases. As I said, we will work towards that through a consultation process on the criteria approach.
The regulations will determine the process for considering whether the plans or projects meet the criteria for a full environmental outcomes report, and clearly we will work with stakeholders to inform our approach to the criteria, and the processes for determining whether those criteria have been met. We want to ensure that the development management system continues to determine projects. We want the EOR to reform the process, but we do not want to replace it. The majority of consenting regimes base the consenting decision on a range of different factors. They will need to make a subsequent decision following assessment, but we want to ensure that the Secretary of State effectively has a light touch on this because, having done the consultation with stakeholders, this should be done at a local level as best we can.
The hon. Member for Greenwich and Woolwich talked about monitoring. The detail of monitoring regimes, including how long monitoring should be carried out for, will be set out in regulations to reflect the different approaches required for each assessment regime. It is not a one-size-fits-all system, because that is unlikely to be optimal, but the intention is that, with a more streamlined pre-consent process, more time and resource can be put into post-consent monitoring, which will likely be of far more value both in terms of securing positive outcomes and gathering useful environmental data to feed back into the system.
One thing that I am not sure I brought out enough in my speech is that the data that the exercise provides, being more data driven rather than the prose that I was talking about, will not only be useful for permissions and monitoring but have a far wider effect on our understanding of the environment in general, because some really interesting data will be brought out that cannot be captured in the analogue system that we have at the moment. I cannot answer the hon. Gentleman’s question about the research to date, so I will write to him on that, and other points that I have not covered.
Question put and agreed to.
Clause 118 accordingly ordered to stand part of the Bill.
Clause 119 ordered to stand part of the Bill.
Clause 120
Safeguards: non-regression, international obligations and public engagement
Matthew Pennycook
I beg to move amendment 176, in clause 120, page 137, line 21, leave out subsection (1) and insert—
“(1) The Secretary of State may only make EOR regulations if doing so will result in no diminution of environmental protection as provided for by environmental law at the time this Act is passed.”
This amendment would ensure that the new system of environmental assessment would not reduce existing environmental protections in any way rather than merely maintaining overall existing levels of environmental protection.
Paul Scully
The new system that we have been discussing is all about improving environmental assessment, not weakening environmental protection. Moving to the outcomes-based approach that I have outlined will allow the Government to set ambitious outcomes, building on the Environment Act 2021 and other environmental commitments.
I understand the spirit and reasoning behind amendment 176, which proposes to amend the wording of the non-regression provision in clause 120 so that regulations must “result in no diminution of environmental protection”.
However, in drafting the Bill, we recognised the need to provide assurance that the new system will continue to support the protection of the environment, and the clause was drafted specifically to mirror the provisions of the EU-UK trade and co-operation agreement. That ensures that these reforms live up to our commitment to non-regression with our partners in that area. If we are to meet the complex environmental challenges that we face, we need to take a holistic approach and focus on how well the system delivers for the environment overall. We will concentrate on the aspects of the system that deliver real, positive outcomes for the environment, rather than on bureaucracy.
Where needed, we will seek to streamline the system, for example in areas where there is duplication of other existing processes, thereby allowing resources to be better focused elsewhere. However, along with the commitment to non-regression, we have also included significant duties to consult with the public and relevant stakeholders. We are also giving Parliament the opportunity to scrutinise subsequent regulations through the affirmative procedure, which is entirely appropriate. In the light of those reassurances on our commitment to maintaining environmental protections, I hope that the hon. Member for Greenwich and Woolwich will withdraw amendment 176.
Amendment 177 provides that EOR regulations must not be inconsistent with any international obligations, rather than specifying consistency with international obligations relating to environmental assessment. The inclusion of clause 120(2) demonstrates the Government’s commitment to legislating in a manner that is consistent with our international obligations. The clause seeks to provide explicit assurance of the importance of international obligations in respect of environmental assessments, and those commitments will be at the foundation of the new process of environmental outcomes reports, which builds on the core principles at the heart of the current practice.
Ultimately, the focus of EORs is the assessment of the environmental impact of relevant plans and relevant consents, which is why clause 120 refers to our international obligations relating to the assessment of the environmental impact of relevant plans and relevant consents. That ensures that relevant international obligations, such as those under the Espoo and Aarhus conventions, are properly reflected. To make the provision broader would sacrifice clarity and risk introducing confusion as to which areas of international law are particularly relevant and pertinent in such cases. With that explanation, I hope that the hon. Member for Greenwich and Woolwich will also consider withdrawing amendment 177.
Matthew Pennycook
I welcome the Minister’s clarification. Particularly on amendment 176, it is extremely useful to hear that the wording was chosen specifically to mirror that in the EU-UK trade and co-operation agreement. I do not want to digress into that agreement in any way—no one on the Committee would thank me for doing so—but it is a useful clarification.
I take what the Minister said about amendment 177; I do not intend to press it to a vote. However, we strongly feel that, international obligations aside, when it comes to safeguards the Bill still contains too many loopholes, many of which I mentioned when I was speaking to the amendment. In particular, what concerns us about the non-regression provision in clause 120 is the reference to only
“providing an overall level of environmental protection”.
We are extremely concerned that that might mean that environmental harm could take place at a local level because the Government could say, “Overall, we are satisfied that the level of protection has been maintained.” For that reason, and to make very clear how strongly we feel about the point, I am minded to push amendment 176 to a Division.
Question put, That the amendment be made.
Paul Scully
As I have said, we are committed to ensuring that the new system of environmental assessment will provide at least the same level of overall environmental protection as the existing system. The clause enshrines that commitment, building on the landmark Environment Act 2021, and is in line with our commitments in the EU-UK trade and co-operation agreement.
It is a vital commitment, and it will ensure that EORs support the Government’s objective to be the first generation to leave the environment in a better state than we found it. We want to make it clear that, in introducing these reports, we are not trying to lower standards or bypass important environmental protections, and so it is important that we enshrine in legislation this commitment to non-regression.
We have also ensured that the Secretary of State’s powers are tightly constrained when considering whether overall levels of protection have been maintained. We have provided significant commitments to consultation and secondary regulations, which will be laid under the affirmative procedure and will thereby enable parliamentary scrutiny on this issue.
This clause also sets out that regulations made may not be inconsistent with the implementation of the relevant international obligations of the UK. As in other parts of the planning system, public engagement is a crucial feature of environmental assessment, and the clause sets out our commitment to maintaining opportunities for public engagement to take place. This will ensure that the public can be involved in the process of preparing an environmental outcomes report, in line with the requirements of the Aarhus convention, which includes provision on public participation in decision making on environmental matters. The clause provides a strong commitment to non-regression and to maintaining opportunities for public engagement, as we move to that new system, and so I commend the clause to the Committee.
Question put and agreed to.
Clause 120 accordingly ordered to stand part of the Bill.
Clause 121
Requirements to consult devolved administrations
Matthew Pennycook
I beg to move amendment 178, in clause 121, page 138, line 3, leave out “after consulting” and insert “with the consent of”.
This amendment, along with Amendments 179 and 180, would ensure that EOR regulations which contain provision within devolved competence can only be made with the consent of the relevant devolved administration.
Paul Scully
It is a delight to hear the one-man show. In bringing forward the EOR system, we are absolutely committed to respecting the devolution settlements. We are currently in active discussions with the devolved Administrations as to how the powers should operate across the UK, including whether there is any scope to extend them to provide a shared framework of powers across the UK.
The provisions in the Bill are focused on the environmental assessment regimes in areas reserved to the UK Government, but there are limited circumstances in which the UK Government have historically legislated in areas of devolved competence, such as between the inshore and offshore regimes for marine works. As such, to maintain the current position, the clauses as introduced include a limited power for the UK Government to legislate in areas of devolved competence where the relevant devolved Administration has been consulted. A failure to include that power risks introducing a legislative gap that could undermine the delivery of certain types of development, which is clearly not something we want to happen.
When the discussions with the devolved Administrations have concluded, the Government will bring forward any necessary amendments to implement what is agreed with them. Rather than doing that here and now in Westminster, we want to do it in full consultation with the devolved Administrations: we want them to be absolutely at the heart of those discussions. I hope that on the basis of that explanation, the hon. Gentleman will agree to withdraw his amendment.
Matthew Pennycook
I accept those assurances, and on that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Paul Scully
I will be brief, because I think my previous remarks addressed the point about transposition of the EU directive leading to the creation of a range of environmental assessment regimes that have different territorial extents and applications. As I have already explained, discussions are ongoing with the devolved Governments regarding how best to work together to ensure a consistent and coherent approach to environmental assessment across the UK. We are hopeful that we can work closely with devolved Governments to extend the powers in the Bill to place all the nations on an even footing. For those reasons, I commend the clause to the Committee.
Question put and agreed to.
Clause 121 accordingly ordered to stand part of the Bill.
Clause 122
Exemptions for national defence and civil emergency etc
Question proposed, That the clause stand part of the Bill.
Paul Scully
In some rare cases, particularly those relating to national defence or responding to a civil emergency, it may be necessary for the Secretary of State to direct a project to progress without an environmental outcomes report when the production of one would usually be required. The provisions in clause 122 enable that. The clause does not aim to bypass environmental protections, which are important for all the reasons I have set out; it simply accounts for those rare instances in which there is an urgent need to progress with development. Clause 122 replicates a similar provision in the existing regulations, and would only be used in the most extreme circumstances.
In addition to the civil and defence needs, the clause also provides powers via regulations for the Secretary of State to be able to direct that no environmental outcomes report is required in other circumstances. Such directions will, of course, be presented in regulations subject to the affirmative procedure, and will be consulted on and constrained accordingly.
Rachael Maskell
I appreciate the Minister highlighting that there could be extenuating circumstances in which the measures could be suspended, but he has not set out what mitigations will be put in to address that, either in close proximity to that or elsewhere. Could he say a bit more about that?
Paul Scully
Good question! As well as the non-regression clause that I talked about earlier, we have a built-in power under these clauses that allows aspects of the regulation to apply even if a project can initially progress without an EOR. That is a good way to manage those high-risk needs with environmental protection and get that balance right. It allows a project to progress without a report, but still requires certain aspects of the regulations to be adhered to, such as monitoring and remediating effects once the plan or project is in operation. I again highlight the fact that that would only relate to the plans and projects in greatest need, relating to matters of national importance.
Paul Scully
Exactly. This is why you get paid the big bucks, Mr Hollobone. Thank you very much.
Matthew Pennycook
The Minister touched on a number of the issues that I wanted to raise. This is a series of important clauses and therefore I have a couple of questions for him. I hope that I can draw out a little more detail, but as ever, he is more than welcome to write to me if he requires to do so.
Clause 122(1) states:
“The Secretary of State may direct that no environmental outcomes report is required to be prepared in relation to a proposed relevant consent which is solely for the purposes of national defence or preventing or responding to civil emergency.”
Subsection (2) of that clause further states:
“EOR regulations may provide for further circumstances in which the Secretary of State is to be able to direct that no environmental outcomes report is required to be prepared.”
Can the Minister give the Committee some examples of the “further circumstances” in which no environmental outcomes report may be required as per subsection (2), given that civil emergencies and national defence, as he said, are already covered by subsection (1)?
Clause 123 is a new provision that sets out the enforcement provisions that can be made in respect of EORs. The Minister touched on a few, I believe, but I would be grateful if he could provide any further detail as to how enforcement of EORs will operate and how they will operate compared with the current SEA and EIA systems.
Clause 125(2) specifies that the Secretary of State, as the Minister has also said, may consult only
“such persons as the Secretary of State considers appropriate”
before making certain EOR regulations, or issuing, modifying or withdrawing certain guidance. Can the Minister give us some idea of which persons or bodies the Secretary of State would be likely to approach before making or modifying regulations and guidance? Specifically when it comes to statutory consultees, which he spoke about, is there any rationale for not specifying statutory consultees in the Bill?
Paul Scully
I thank the hon. Gentleman for that contribution. On the formal consultation, I cannot yet give him details as to whom specifically we will speak to, barring the fact that, as I said earlier, we will clearly seek to speak to all the key stakeholders that we work with really closely. Indeed, we have worked with a number of those in the lead-up to the Bill. We want to ensure that we get the expert advice of people not only who can contribute to our knowledge, but who will be using the system, so that we can get the benefit of that on-the-ground experience, because what we do not want to have is unintended consequences.
On enforcement, the Bill amends and strengthens the powers and sanctions available to decision makers. We want to ensure that the new system is effective at delivering on the outcomes, so it will be necessary for the regime to have enforcement mechanisms. The exact details of the new system are in the process of being developed. We will be working with the same stakeholders on the design of the new system, in terms of enforcement as well as exemptions, and we want to ensure that we have a full consultation.
In addition to consultation, there will be parliamentary debate. I hope that reassures the hon. Member for Greenwich and Woolwich that we are prepared to work collaboratively to ensure that this regime—the framework that we are talking about now—works well in practice, and that that coherent approach makes it easier to understand and enforce. Enforcement is no good if we just have a bit of prose that means nothing; we need to make sure we enforce that as well.
Question put and agreed to.
Clause 122 accordingly ordered to stand part of the Bill.
Clauses 123 to 126 ordered to stand part of the Bill.
Clause 127
Interaction with existing environmental assessment legislation and the
Habitats Regulations
Matthew Pennycook
I beg to move amendment 181, in clause 127, page 141, line 32, leave out “in particular” and insert “not”.
This amendment would ensure that any specified environmental outcomes arising from EOR regulations made would augment not substitute those arising from existing environmental assessment legislation and the Habitats Regulations.
Matthew Pennycook
Clause 127 enables the Secretary of State to make regulations on how the EOR framework provided for by part 5 interacts with existing environmental assessment legislation and the habitats regulations. The explanatory notes accompanying the Bill state:
“This is necessary to ensure that where an Environmental Outcomes Report is prepared, where appropriate, this is capable of meeting the requirements of existing environmental assessment so as to avoid duplication.”
It would be recognised as meeting both.
Our serious concern is that by providing for requirements undertaken in relation to an EOR to satisfy the requirements under the habitats regulations, this clause could allow the Secretary of State to substitute the protections afforded by those regulations with weaker requirements that had undergone only limited parliamentary scrutiny under the affirmative procedure. In our view, this is deeply problematic because the habitats regulations provide for an extremely high level of environmental protection for our most precious and vulnerable habitats and species, indeed for greater protection than the SEA and EIA systems, requiring as they do applications proposing a development that will affect a site to first prove that mitigation is in place to avoid significant harm, or that there is an overriding public interest reason to proceed and compensatory measures are necessary. In revising subsection (2) of the clause, amendment 181 would address that concern by ensuring that any specified environmental outcomes arising from EOR regulations made would augment, not substitute, those arising from existing environmental assessment legislation and the habitats regulations.
An additional concern with this clause comes in the form of subsection (3), on page 142 of the Bill, which provides for EOR regulations under the clause to
“amend, repeal or revoke existing environmental assessment legislation”.
Even with the list of what constitutes “existing environmental assessment legislation” set out on the face of the Bill in clause 130(1), we believe this provision is unnecessarily broad. Amendment 182 therefore seeks to remove clause 127(3) to ensure that EOR regulations cannot be used to amend, repeal or revoke existing environmental assessment legislation.
It is essential, as the Minister himself accepted during debate about an earlier clause, that we recover nature and that we do so quickly, or we risk irreparable damage to the natural world upon which life depends. To that end, proven, effective laws should be maintained and strengthened rather than undermined in any way. For that reason, I hope the Minister will appreciate the concerns we raise and give both of these amendments serious consideration.
Paul Scully
Given the scale of the underpinning legislation, as we transition from the current complex system of environmental assessment to the new framework of EORs, the Government require powers to manage the interaction between the old and new systems.
The interaction provisions in clause 127 are designed to ensure that when an EOR is prepared, it is capable of meeting the requirements of existing environmental assessment legislation where appropriate. That allows the Government to guard against duplication while the various assessment regime owners bring forward regulations to introduce environmental outcomes for their regimes. It also allows existing environmental assessment legislation to meet the requirements of an EOR, which is to avoid duplication and manage co-ordination across the different assessment regimes. We all know that it takes time to consolidate the complex legislation covering a number of Departments and agencies, and we want to make sure there are no gaps in the process.
Paul Scully
As we have already heard concerns about clause 127, let me use this opportunity to clarify its intention and to provide the reassurance that it is does not allow any amendments to the habitats regulations.
The clause serves two purposes. First, it enables us to make sure that assessments under the new EOR system will be interoperable with those required by existing environmental assessment and habitats legislation. Secondly, it gives the Government the power to repeal, revoke or amend the current SEA and EIA regulations in each of the relevant regimes once the new framework for an environmental outcomes report is in place.
The provision is about providing powers in relation to the interaction between the new system and existing environmental assessment legislation and the habitats regulations. It does not remove the need to comply with the habitats regulations. It is an ancillary power. Any regulations must relate to the purpose of the clause, which is about interaction between processes. Regulations can set out how an EOR report can meet the requirements of existing environmental assessment legislation or the habitats regulations, but only in so far as the processes interact.
There has been some misinterpretation, or a difference in opinion, about subsection (3), which allows regulations to
“amend, repeal or revoke existing environmental assessment legislation.”
The habitats regulations are specifically excluded from that power, meaning that it is not possible to make any changes to the habitats regulations under it. This is simply about streamlining within the constraints of the legislation. We want to avoid overlaps, such as, for example, repetitions in evidence, while optimising the synergies—for example, the effects identified in the habitats regulations assessment that could help to inform the contribution to outcomes in the EOR. This is about how the two are co-ordinated and how they work together. The clause must also accord with our commitments to non-regression under clause 120, so any interaction between assessments must maintain overall environmental protections.
In parallel, the Government have indicated our intention to improve the habitats regulations regime, while maintaining or enhancing the level of protection it provides. DEFRA has recently consulted on that via the consultation on the “Nature Recovery” Green Paper, which the Government will respond to in due course. There are real opportunities to improve processes across the piece, and the clause allows for that interaction between processes and for the benefits of efficiencies and streamlining. I hope the Committee is reassured on the purpose of the clause, which is heavily constrained and seeks no powers to make any changes to the habitats regulations. I commend the clause to the Committee.
Question put and agreed to.
Clause 127 accordingly ordered to stand part of the Bill.
Clause 128
Consequential repeal of power to make provision for environmental
assessment
Question proposed, That the clause stand part of the Bill.
Paul Scully
Clause 128 is a straightforward provision to remove what will become an obsolete regulation-making power, along with references to that power, after the powers contained in the Bill come into effect. It was a broad power, allowing the Secretary of State to make regulations for consideration to be given to environmental effects. It will no longer be required, as the new powers will cover the consideration of the environmental effects of development. The provision simply aims to clear it from the statute book.
Clause 129 gives power to make regulations on a variety of procedural and technical matters relating to environmental outcomes reports. Those include, for example, setting out who should prepare reports, to whom completed reports should be given and how information should be collected and provided. It also makes provision for regulations to state the level of assistance required from local authorities in the production of those reports, when reports that fail to meet various requirements can be declined, and how appeals and reviews of decisions should work. The clause also makes provision for the collection of fees. We intend to keep fees to a minimum, but we will seek views from stakeholders in future consultations.
While those matters are generally procedural or technical in nature, they are all important and necessary for the successful implementation of environmental outcomes reports. Setting those out in regulations allows for those matters to be decided following consultation, and allows for flexibility in the system. That means that the specific technical ways that the system works can be more easily updated in the future, and it will allow the difference between regimes to be accommodated.
Finally, clause 30(1) is a straightforward provision that simply lists all the current regulations that implement the EIA and SEA regimes. As such, those are the regulations that the powers in this part will allow the Secretary of State to replace with EOR regulations. They implement the assessment regime in a similar way across a broad range of sectors, from transport to energy production to town and country planning. It is our intention that this remains the case for the regulations implementing the new system.
Subsection (2) is primarily a reference list, bringing together the various definitions used in this part. It also introduces some straightforward definitions such as “public authority” and “relevant document”.
Question put and agreed to.
Clause 128 accordingly ordered to stand part of the Bill.
Clauses 129 and 130 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Gareth Johnson.)
Levelling-up and Regeneration Bill (Twenty Second sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 13th October 2022
(2 years, 2 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 13 October 2022 - (13 Oct 2022)
The Committee divided: - Ayes: 4 / Noes: 7 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Chair
With this it will be convenient to discuss new clause 53—Independent examination of locally-led urban development corporations—
“(1) A proposing authority must submit a proposal for designation of a locally-led urban development area in England under section 134A of the Local Government, Planning and Land Act 1980 to the Secretary of State for independent examination.
(2) The examination must be carried out by a person appointed by the Secretary of State.
(3) The purpose of the examination is to determine whether the proposal is in general conformity with national planning policy, the local development plan, and any other material considerations.
(4) Any person who makes representations seeking to change a proposal for designation of a locally-led urban development area must, if they so request, be given the opportunity to appear before and be heard by the person carrying out the examination.”
This new clause would ensure that proposals to designate land as an urban development area and to establish a locally-led urban development corporation to oversee it would be subject to independent examination at which the public would have a right to be heard.
Welcome, Minister.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
Thank you, Mrs Murray. It is a pleasure to serve under your chairmanship, particularly for my first outing as a Minister. I would appreciate your going slightly easy on me on procedural matters—I will do my best.
As we know, the Government are committed to empowering local areas to drive forward growth and renewal without the need to establish a body accountable to central Government. Development corporations are powerful tools that can deliver large-scale development, and they have been successfully used to deliver more than 20 post-war new towns across England, such as Telford and Milton Keynes. They have also been instrumental in regenerating brownfield sites, such as Canary Wharf and the London Olympic site. However, the enabling legislation was designed for a different time and in response to very different circumstances, so there are now multiple types of development corporation, which have varying powers and remits that inhibit their use. Given the scale of the challenge to level up the country, provide the necessary infrastructure and deliver the growth and housing that current and future generations need, we want to ensure that development corporations are accessible right across England.
In October 2019, we consulted on the legislative framework for development corporations to ensure that they have the powers they need to deliver. The results of that consultation showed that there is a gap in the existing models. Outside of mayoral areas, there is no model available for local authorities to regenerate their areas, which is what the clause is intended to address. The clause introduces a new locally led urban development corporation model, which will be overseen by a local authority covering the area, rather than by central Government. It will also allow local authorities, rather than central Government, to put forward proposals to the Secretary of State to designate and create a locally led urban development corporation.
Subsection (4) sets out what authorities will need to do before submitting a proposal to the Secretary of State for designation. That includes what a proposal must contain, who is able to put forward a proposal and who can become an oversight authority. Local authorities will not be able to unilaterally decide to ask the Secretary of State to designate a locally led urban development corporation. Instead, the clause includes a statutory requirement for the proposing authorities to consult local residents, businesses, MPs and other local authorities before making a proposal to the Secretary of State. When the proposal is received by the Secretary of State, they will look carefully at the robustness of the plans, including community involvement and the views expressed, before making a decision. That is why new clause 53 is an unnecessary addition to the consultation requirements and would slow down the designation of development corporation areas.
The purpose of designating an area is to determine the area in which the locally led development corporation will operate and deliver a programme of urban regeneration, and there will be other opportunities for the local community to have their say on the planning proposals for the area through the planning system. Respondents to the consultation noted the considerable amount of up-front resource required to make the case for a locally led development corporation, expressing apprehension about the level of evidence that may be required.
The clause introduces a different test for locally led urban development corporations. Before they are established, the Secretary of State must assess whether it is expedient in the local interest, rather than in the national interest, to designate the development area, which means that local authorities will no longer need to prove that their proposal is in the national interest. A similar provision is introduced for locally led new town development corporations under clause 132. We will provide further guidance to ensure that the evidence required to meet the test is proportionate and provides the certainty that local authorities desire.
We also want to ensure that the proposals are implemented as planned. Subsection (7) requires the Secretary of State to give effect to the proposal, subject to its meeting the statutory test that it is expedient in the local interest. That will include the order providing for the name of the development corporation, the number of board members, who the oversight authority will be, and arrangements for the performance of functions by oversight authorities consisting of more than one local authority. The order must also provide for any other functions that the proposal sets out as planning powers.
Orders designating locally led development corporations will, as for mayoral development corporations, be subject to the negative procedure. That reflects the fact that local democratic scrutiny will have occurred prior to the proposal being permitted to be made. The clause will equalise mayoral and non-mayoral areas with locally led development corporations by standardising the parliamentary process, with democratic oversight at the local level.
We intend to use the powers in the clause as we did the locally led New Towns Act 1981 (Local Authority Oversight) Regulations 2018, which will be subject to the affirmative procedure. That includes setting out which functions will be transferred to the oversight authority. We will consult on regulations in due course to ensure that they are informed by both communities and stakeholders. In the light of that explanation, I ask the hon. Member for Greenwich and Woolwich not to press new clause 53.
Matthew Pennycook (Greenwich and Woolwich) (Lab)
It is a pleasure to reconvene under your chairmanship, Mrs Murray. I welcome the two new Ministers to their places. I want to speak to new clause 53, not least because I am not entirely convinced by the reassurances just given by the Minister. As she said, and as the policy paper accompanying the Bill sets out, this part of the Bill makes provision for a new type of locally led urban development corporation accountable to local authorities rather than the Secretary of State. It amends the process for establishing locally led new town development corporations and updates the planning powers available to both centrally and locally led development corporations, bringing them into line with the mayoral development corporation model in terms of enabling them to become local planning authorities for the purposes of local plan making, neighbourhood planning and development management.
In the view of the Opposition, part 6 of the Bill is largely uncontroversial, and we are broadly supportive of the measures contained within it. The development corporation model established by the New Towns Act 1946 was a key part of the post-war planning settlement and, as the Minister referenced, it proved remarkably effective in addressing the housing emergency faced in those years. The 32 new towns built under the post-war UK new towns programme today house over 2.5 million people. Funded by 40-year Government loans, they ultimately not only paid the Treasury back, but returned a surplus. The legacy of urban development corporations is more mixed, but their potential for large-scale regeneration is undeniable and their capacity to successfully deliver major projects, such as the London Olympics, is testament to their utility.
In a real sense, development corporations remain an answer to one of the core weaknesses of the planning system, which is that local planning authorities have the power to develop and set a strategy in a local area, but few powers and little capacity to ensure the necessary development to realise it is delivered. On the other hand, development corporations combine strategic planning capability with powerful delivery mechanisms that help ensure that the development objectives they set are realised. They can, for example, commission private sector companies, or establish their own, to deliver homes and infrastructure, and they can compulsory purchase the land they need to deliver a plan and then control consent to bring forward development. For all those reasons and more, we therefore welcome the fact that the Bill includes provision to amend and enhance the development corporation model. However, we need to ensure that the new types of development corporation provided for by part 6 of the Bill realise their potential and have legitimacy in the eyes of the public—the latter being directly related to the former.
When it comes to their likely efficacy as a means of regenerating areas, the decision to provide for locally led development corporations risks proving a double-edged sword. The advantage is, of course, that a local authority, or authorities, seeking to designate an urban development area and create an urban development corporation, as provided for by clause 131, or to oversee the creation of a new town in an area within their administrative boundaries, as provided for by clause 132, can determine their own priorities rather than having them determined for them by the Department. In that sense, the measures provided for in this part are in keeping with the spirit of the original New Towns Act 1946. The disadvantage is that, in practice, there is likely to be little incentive for a local authority, or authorities, to take the financial and political risk of designating a given area and establishing the necessary development corporation to regenerate it. The recent experience of four north Essex authorities, which attempted unsuccessfully to designate and oversee the development of three garden communities, is a stark illustration of the need for central Government to be far more active in supporting locally led initiatives if they are to succeed.
The success of the post-war UK new towns programme lay, in part, in the fact that each development corporation operated within the context of strong national policy and enjoyed the active and direct support of the Government of the day and their Ministers. It is telling that this part of the Bill places no duty on the Secretary of State to support—financially or otherwise—the locally led development corporations it enables to be established. As things stand, we have no sense of what the Government ultimately wish to achieve by means of the provisions in this part, not least how they believe such locally led development corporations will assist in levelling up, given the likelihood that most will come forward in the south and, I would wager, the south-east of the country. Our new clause 53 is not designed to address the potential challenges involved in ensuring that locally led corporations realise their full potential in that sense, as vehicles for regeneration and levelling up, but I hope the Government will carefully consider the points I have made in that respect.
When it comes to community consultation, I am afraid that I am not satisfied that the proposed measures are sufficient. In terms of the perceived legitimacy of these development corporations, it is essential that they provide for an element of public participation in any proposal to designate and establish such a corporation. At present, the process provided for by clause 131 entails no public inquiry before designation and no right for members of the public to be heard prior to a decision being made.
The same is the case for locally led new town development corporations, as provided for by clause 132. That means the Bill will allow land to be designated as an urban development area, and powerful new bodies to be established to oversee development on such land, without any rights for the local communities affected to have their say and at least test the evidence as part of that process. We believe that is an error, and new clause 53 simply seeks to ensure that proposals to designate land as an urban development area and to establish a locally led urban development corporation would be subject to independent examination, at which the public would have a right to be heard. As you will know, Mrs Murray, that is part of our ongoing efforts throughout the passage of the Bill to overhaul it to ensure that there is an ongoing role for the public in the planning process at these stages, with the obvious benefits that that entails for trust and confidence in the planning system. I look forward to any further thoughts the Minister might have having heard my argument.
Dehenna Davison
I thank the shadow Minister for not only expressing his concerns but indicating his broad support for part 6 of the Bill and the enhancements it will make overall to the development corporation model.
The point about trust and confidence in planning and the development corporation system is vital. On the point about consultation, I refer the hon. Member back to the comments I just made: there would be no unilateral ability for local authorities to go straight to the Secretary of State to request that a locally led urban development corporation be set up. There is a statutory requirement for authorities to consult local residents, businesses, MPs and other local authorities before making those representations to the Secretary of State.
On the resources for establishing a development corporation, we recognise that this can be a significant undertaking, but the Government have a range of programmes available to help support local authorities in their growth aspirations. We would encourage local authorities that are interested to approach the Department and see how we can work with them to provide that resource and confidence. On that basis, I once again ask the hon. Member not to press new clause 53, and I commend the clause to the Committee.
Question put and agreed to.
Clause 131 accordingly ordered to stand part of the Bill.
Clause 132
Development corporations for locally-led new towns
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss new clause 54—Independent examination of locally-led new town development corporations—
“(1) A proposing authority must submit a proposal for designating an area of land as the site of a proposed new town under section 1ZA of the New Towns Act 1981 to the Secretary of State for independent examination.
(2) The examination must be carried out by a person appointed by the Secretary of State.
(3) The purpose of the examination is to determine whether the proposal is in general conformity with national planning policy, the local development plan, and any other material considerations.
(4) Any person who makes representations seeking to change a proposal for designating an area of land as the site of a proposed new town must, if they so request, be given the opportunity to appear before and be heard by the person carrying out the examination.”
This new clause would ensure that proposals to designate land as the site of a proposed new town and to establish a locally-led new town development corporation to oversee it would be subject to independent examination at which the public would have a right to be heard.
Dehenna Davison
As I said when discussing clause 131, the Government are committed to ensuring that there is a fit-for-purpose development corporation model for all circumstances. The current designation of a development area and the establishment process for a locally led new town development corporation are overly burdensome. As I have outlined, our consultation on development corporations highlighted the authorities’ concern about the up-front resource required to make the case for a locally led new town development corporation and about uncertainty regarding the process. It was suggested that streamlining the establishment process could go some way to mitigating those concerns.
Matthew Pennycook
I will speak to new clause 54, but I shall be extremely brief. As the Minister will know, the new clause seeks to achieve precisely the same outcome as new clause 53, in relation to locally led urban development corporations, but in relation to the locally led new town development corporations, as provided for by clause 132.
For the record, I reiterate that we are not reassured by the Minister’s comments about public consultation being intrinsic to the proposed measures. If I have understood her correctly in terms of that public consultation, we are talking about the ability for communities to comment after the areas of land in question have been designated and established. I suggest that the process of designating land to be developed in this manner and of establishing a corporation is a matter that local communities will want to have a say on, as is rightly the case, before they get a say on other elements of the process to follow.
We believe it is a mistake to establish a process for creating these corporations in which the public have no input into the designation and no right to be heard at the point that the land in question is delineated and the corporation established. I appreciate that the Minister will give me exactly the same answer she did in response to new clause 53, but I hope that the Government will at least reflect on what it will mean for trust and confidence in the planning system, which we know is extremely low, if local communities are cut out of this stage of the process entirely.
Dehenna Davison
Once again, I completely share the hon. Gentleman’s sentiments around trust in the planning system. It is absolutely paramount to the planning system operating and getting that local buy-in—it is really crucial. That is why it is a statutory requirement for a public consultation to be undertaken before the proposal is submitted to the Secretary of State, on the grounds that I outlined in the previous clause. I hope that that provides at least some reassurance that local residents will absolutely be consulted before these processes move forward.
Question put and agreed to.
Clause 132 accordingly ordered to stand part of the Bill.
Clause 133 ordered to stand part of the Bill.
Schedule 12 agreed to.
Clauses 134 to 137 ordered to stand part of the Bill.
Schedule 13 agreed to.
Clause 138
Removal of restrictions on membership of urban development corporations and new town development corporations
Matthew Pennycook
I beg to move amendment 183, in clause 138, page 157, line 26, at end insert—
“(4) In the case of a locally-led urban development corporation, the board must include no less than three community members who represent a local qualifying body.
(5) In this section, ‘local qualifying body’ means a parish or town council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development plan or such other bodies that reflect the cultural, social or environmental priorities of the locality to be designated as a locally-led urban development area.”
This amendment would ensure that local communities within the locality to be designated as a locally-led urban development area are represented on the board of a locally-led urban development corporation.
Dehenna Davison
I thank the shadow Minister and the hon. Member for Westmorland and Lonsdale for their contributions, and hope that I can provide a little bit of reassurance.
We feel that, while incredibly well intentioned, the amendments are unnecessary. The appointment of board membership for locally led new town development corporations is already addressed in the New Towns Act 1981 (Local Authority Oversight) Regulations 2018. Those regulations provide that
“the oversight authority must have regard to the desirability of appointing one or more persons resident in or having special knowledge of the locality in which the new town will be situated.”
That could include members from parish councils or local community groups, or organisations that reflect the cultural, social or environmental priorities of the locality.
We intend to replicate that approach for locally led urban development corporations. We intend to set out further details on the composition of board membership in regulations, which will be subject to parliamentary debate. As we did with the New Towns Act 1981 (Local Authority Oversight) Regulations 2018, the Department will consult on draft regulations to ensure that they are appropriate and permit local communities and businesses to have a say.
In appointing independent members, we expect oversight authorities to ensure that the board has the relevant skills and experience needed. That includes those with an understanding of the local area. In accordance with the principles of local authority appointments, the appointments of the chair, deputy chair and independent board members should be through an open, transparent and publicly advertised procedure, which I hope will provide some reassurance to the hon. Member for Westmorland and Lonsdale. I appreciated the examples from his own constituency.
Regarding the suggested minimum of three appointments, it is the Government’s view that it should be up to the oversight authority to determine the appropriate board composition and numbers, based on local circumstances. I hope, therefore, that the hon. Member for Greenwich and Woolwich will agree not to press his amendments.
Matthew Pennycook
I thank the Minister for that response and am partly reassured by it. As I hope I made clear, we are trying to drive at what I think is a very limited form of public participation on the boards. I accept what the Minister says, both on what is expected by the Government from oversight authorities in putting the boards together, and the further details, although what “a say” means is yet to be defined. We look forward to seeing in the regulations what those further details entail.
I hope the Minister has taken away our very firm view that there must be an appropriate level of community participation on the membership of the boards so that local communities have trust and confidence in what they are doing. However, I do not intend to press the amendment to a Division at this time. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 138 ordered to stand part of the Bill.
Clause 139 ordered to stand part of the Bill.
Clause 140
Acquisition by local authorities for purposes of regeneration
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Clauses 141 to 144 stand part.
That schedule 14 be the Fourteenth schedule to the Bill.
Dehenna Davison
I will now explain clauses 140 to 144 and schedule 14. The Government want to see local authorities empowered to use compulsory purchase to regenerate their areas, so that places and regions can drive improvements in economic growth and pride in place. The levelling-up White Paper made it clear that we want local communities to be empowered to take the lead, and we want to ensure they have the tools they need to succeed. Key to that is ensuring that local authorities have the right compulsory purchase enabling powers and processes, and the confidence to use them. This is the intent behind the clauses, which focus on modernising and streamlining the compulsory purchase process to make it faster and more effective.
With clause 140, we are making it crystal clear in the Bill that local authorities in England have the power to use compulsory purchase for regeneration purposes and to bridge the gap the urban centre recovery taskforce identified last year, which we are keen to address. Currently, local authorities in England are able to use their compulsory purchase powers for development, redevelopment and improvement purposes.
Clause 140 will ensure that local authorities have the certainty to acquire land compulsorily for regeneration schemes too. That will align them with other public authorities such as Homes England and the Greater London Authority. That could, among other things, improve the social wellbeing of a local authority’s area, while not actually involving the construction or reconstruction of a building. For instance, this regeneration compulsory purchase order power could be used to transform a vacant commercial building into a community hub. Alongside this change, we will bring forward updated guidance to provide more clarity on the use of compulsory purchase for long-term strategic land assembly by local authorities.
On clause 141, we need to ensure that the CPO process is efficient yet accessible and fair for all involved in it. The clause retains the current requirements for the physical deposit of documents and service of notice. It remains the case that sufficient proof of delivery through electronic communications is difficult. Given the nature of compulsory purchase, it is crucial that affected parties receive—and can prove that they have received—the necessary communications. The clause also requires acquiring authorities to make CPO documents and notices available online, and it creates the flexibility for Ministers to direct, in extreme circumstances where the physical deposit of documents is impractical, that online provision is sufficient. Further provisions in clause 148 provide for the application of common standards to compulsory purchase data. As I have described, these amendments begin the modernisation of the CPO process, and I commend clause 141 to the Committee.
Clause 142 will create a faster, more effective confirmation process. At present, a single affected landowner can demand an expensive and lengthy public inquiry for any CPO. This can be used as a delaying tactic, slowing down the decision-making process and increasing the costs for the acquiring authority and others involved. As we know, cost for the authority means cost for the taxpayer. In turn, this can make acquiring authorities, such as local authorities, less inclined to use CPO powers. We believe that the confirmation procedure should reflect the complexity of the order. Many CPOs involve one or a very small number of properties, with little impact outside the boundaries of those properties. Confirmation proceedings for orders like these do not generally need a public inquiry.
We also believe that it is right to give the discretion to the confirming authority to determine the appropriate procedure based on the circumstances, while protecting the right for affected parties to have an oral hearing if they wish. In keeping with those ambitions, clause 142 enables confirming authorities to decide to hold a public local inquiry, or to follow the new representations procedure, which will include an oral hearing if objectors request one. We will engage with stakeholders in shaping the representations procedure to ensure it works practically and produces a faster and more efficient process.
On clause 143, we want to ensure that authorities have the confidence to achieve positive outcomes in making CPOs. Too often when there is a decision to confirm a CPO, the CPO is rejected because of a specific impediment at the point of decision, and that often results in significant delay or even the complete collapse of the scheme. We want authorities to know that where a specific impediment, such as funding uncertainty, remains outstanding at the point of decision, a condition can be imposed for that to be dealt with and discharged at a later point.
Clause 143 achieves that end by introducing the concept of conditional confirmation, which will allow decision makers to confirm CPOs subject to the conditions being met before the compulsory purchase powers may be used. That may assist progress-stalled developments, as conditions could be imposed to force a landowner to follow through on commitments to undertake developments, and if they fail to do that, that will allow a CPO to become operative.
We also want authorities to make their CPOs earlier in the delivery process of a scheme. That will encourage authorities to make their CPOs concurrently with seeking other consents, rather than sequentially after obtaining other consents. Introducing conditional confirmation will support that aim.
To reassure hon. Members, that does not mean that insufficiently prepared CPOs or CPOs without sufficient justification will be conditionally confirmed. The test of there being a compelling case in the public interest to confirm the CPO will absolutely remain. We expect only very specific conditions to be imposed in most cases—one or possibly two to a CPO that otherwise shows a compelling case in the public interest. Guidance will be updated to provide clarity on the imposition of conditions. Initial confirmations will be a significant lever to provide authorities with more confidence in using CPOs and to deliver schemes more quickly.
Clause 144 gives effect to schedule 14, which makes provision in relation to compulsory purchases by Ministers, corresponding to clauses 141 to 143. Given that Ministers may use compulsory purchase in a number of circumstances —for example, to deliver major highway or rail schemes—it is only right that those provisions benefit from improvements to the process. I hope I can get the support of all hon. Members for the clauses.
Matthew Pennycook
The Minister referred to at least two further sets of guidance that are to follow. Can she give the Committee any sense of the timeline for that?
Dehenna Davison
I cannot today, but I will endeavour to write to the hon. Gentleman within the next 48 hours to provide that clarity.
Question put and agreed to.
Clause 140 accordingly ordered to stand part of the Bill.
Clauses 141 to 144 ordered to stand part of the Bill.
Schedule 14 agreed to.
Clause 145
Consequential amendments relating to date of operation
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Clauses 146 to 149 stand part.
Government new clause 62—Prospects of planning permission for alternative development.
Dehenna Davison
I sincerely hope that we can get agreement for these clauses. New clause 62 goes further to deliver the Government’s priority to ensure that the compulsory purchase system is fit for purpose. It will build on other measures to ensure a fair balance between landowners and acquiring authorities in the public interest when it comes to the payment of compensation.
The Land Compensation Act 1961 contains the principal rules for assessing compensation relating to compulsory purchase. Under the current rules, when assessing the open market value of the land to be acquired, there are statutory assumptions that must be taken into account. They include the discounting effects of the compulsory purchase scheme, known as the no scheme principle, and considering the planning prospects of the land being acquired. The latter gives rise to landowners being able to claim hope value as part of their compensation—an issue that has attracted significant attention in recent years, including from the Levelling Up, Housing and Communities Committee.
One method of assessing the prospect of planning consent is to establish appropriate alternative development, namely development that would have received planning permission if the scheme underpinning the compulsory purchase were cancelled. Where appropriate alternative development is established, it may be assumed for valuation purposes that planning permission is in force on the relevant valuation date. That is known as planning certainty. Assuming the value of the appropriate alternative development is greater than the existing use value creates an uplift in the value of the land.
The 1961 Act allows parties concerned with a compulsory purchase to apply to a local planning authority for a certificate to determine whether there is development that, in its opinion, would constitute appropriate alternative development. Certificates of appropriate alternative development, CAADs, are used as a tool to establish whether there is appropriate alternative development on a site, and thus planning certainty for valuation purposes.
Under the current rules, there is no requirement for a CAAD to be applied to establish planning certainty and secure any resulting uplift in the value of land. In addition, when issuing a certificate, local planning authorities are required to identify all developments that they think are appropriate developments, not just developments that match the description of the development being applied for. That can increase the administrative burden on a local planning authority’s resources and the risk of a legal challenge, which results in further costs to the authority and the taxpayer. Expenses incurred by applicants submitting their CAAD applications must be paid for by acquiring authorities.
My Department has been working closely with stakeholders to develop a package of measures to reform the CAAD process and ensure that the assessment of the prospect of planning permission is aligned with normal market conditions. It is important that a balance is struck between landowners and acquiring authorities. We are therefore seeking to introduce Government new clause 62 to ensure that the compulsory purchase compensation regime does not deliver elevated levels of compensation for prospective planning permissions, which would result in more than fair value being paid. That will be achieved by ensuring that compensation attributed to alternative development is claimable only via the issuing of a CAAD and, further, that value attributable to potential alternative development in the future cannot be claimed. Although the prospect of planning permission will still be claimable, our new clause will bring the assessment of value attributable to prospective planning permission in line with the position in a normal market transaction. It will also ensure that valuations of hope value are not disproportionate.
We are very clear that those affected by compulsory purchase are entitled to a fair value for their land, but we want to ensure that the compulsory purchase compensation regime does not lead to elevated compensation, including costs being paid for prospective planning permission, which would result in more than fair value being paid by local authorities, and thus by the taxpayer. I hope that the whole Committee will support Government new clause 62.
Matthew Pennycook
I thank the Minister for that very detailed exposition of the purpose of the new clause. She will be pleased to learn that, in general terms, we are supportive of the provisions in part 7 of the Bill, which concerns compulsory purchase. They are sensible and proportionate measures that will give local authorities clearer, more efficient and more effective powers; greater confidence that they can acquire land by compulsion to support regeneration schemes; and greater certainty that land can be assembled and schemes delivered quickly through compulsory purchase.
We also support the Government new clause, which concerns compensation in relation to hope value. The cost of land is a major barrier—only one of many—to development across the country, and to increasing investment in infrastructure and affordable housing. As the Minister made clear, land values are frequently inflated well above agricultural or industrial values because of hope value—that is, the value attributed to the expectation that land could be awarded planning permission for new housing.
Hope value often makes social housebuilding and the provision of infrastructure unviable for local authorities and developers, and the fact that it is based on the assumption that each plot of land will maximise short-term profitability disincentivises long-term value generation. A landowner with a plot of land that might be ideal for specialist or affordable housing, or other essential uses that the market has no incentive whatsoever to deliver, can under the current regime always choose to refrain from developing it, in the expectation that they will receive a far better price in the future for a standard scheme dominated by market-sale homes at current prices.
The 2020 White Paper, “Planning for the Future”, rightly recognised that less than half of the uplift in land values created by the granting of planning permission is being captured by communities to help to pay for infrastructure and affordable housing. Given the demands on captured value when it comes to infrastructure and affordable housing, we agree with the Government that it is right to seek to reform the system, in order to ensure that assessment of value attributable to the likelihood of alternative development is more akin to what it would be in normal market conditions, and to rebalance the position with regard to costs and compensation between landowner and acquiring authority to make it fairer. To that end, we believe that the Government new clause, which proposes implementing a range of changes to section 14 and other sections of the Land Compensation Act 1961, as set out in the first part of the Government’s compulsory purchase compensation reforms consultation, published in June, is good. We are pleased that the Government felt able to bring it forward.
Tim Farron
Obviously, I extend big congratulations to the Government for taking up a proposal that was in the last two Liberal Democrat manifestos—it was one of the few bits I actually wrote. A revision of the Land Compensation Act 1961 is welcome, given that it inflates land prices, and therefore housing prices. That was clearly not the intention 60 years ago, but that has been the consequence. A revision is a very good thing.
As the hon. Member for Greenwich and Woolwich said, we need to consider this revision as part of a suite of measures, and I am keen to press the Minister to take advice and consult widely; there will no doubt be pushback and comments from landowners and developers. I particularly urge her to talk to housing associations, and to organisations such as Shelter, which has campaigned on this issue for decades with great wisdom and insight.
When hope value drives up the price of land, it does two things. First, it makes affordable housing more difficult to create. I have tabled amendments to the Bill that seek to increase local authorities’ powers to deliver affordable housing. That is much more likely to happen if we can make sure that those developments are viable by reducing the cost of land, making its cost fair, rather than inflated. The Government have pushed back on zero-carbon homes because of the cost element, but they may wish to reconsider that. I propose that they do so, and make zero-carbon homes and other environmental measures compulsory at the planning stage. They will be able to afford to do that, and those proposals are much more likely to be viable, if we can reduce the inflated cost of land.
The hope value of land is such a problem because it also stops land coming forward for development. People hang on to it for the sunny day. We need to very clear that there ain’t no sunny day coming, and to say, “This is what you’re going to get for this land. Do you want to help your community by building 40 affordable homes for it, or don’t you?” In the past, we had very restrictive planning rules in the national parks; the thinking was that the more restrictive and clear we were to people in the long term, the more unlikely it was that land would come forward. It is quite the opposite, because people do not hang on waiting for that sunny day—for that big moment at which extreme wealth lands in their lap. Instead, they realise that they will either get some money and do good by the local community, or get nothing.
I welcome the Government’s action, which I think is a valuable and important step forward, but I hope that they will consult widely, especially with those at the forefront of fighting for and developing affordable housing, as they consider perhaps a wider suite of issues to reduce the cost of building.
Dehenna Davison
I thank the hon. Member for Westmorland and Lonsdale for his comments. I loved his point about the Lib Dem manifesto; I would love to claim that it is my favourite bedtime reading, but I would not want to mislead the Committee this early in my ministerial career. I thank him for his recommendations about the bodies with which we should engage. We have already engaged with a wide range of stakeholders to ensure that we get the process absolutely right. I thank him also for his passion for affordable housing, which the Government absolutely share. We are keen to make the developments as straightforward as possible—hence some of the reforms that we are making today.
I will write to the shadow Minister, the hon. Member for Greenwich and Woolwich, with more points of clarity. On certainty, I assure him that that is absolutely the intention behind the new clause and the amendments that relate to CAADs. We want to provide certainty to landowners and local authorities about what the outcomes of the process may look like in order to speed up the process and prevent challenges and delay. I hope that reassures him. I will get back to him in due course on the other points he raised.
Question put and agreed to.
Clause 145 accordingly ordered to stand part of the Bill.
Clauses 146 to 149 ordered to stand part of the Bill.
Clause 150
Designated high streets and town centres
Alex Norris (Nottingham North) (Lab/Co-op)
I beg to move amendment 185, in clause 150, page 171, line 4, at end insert—
“(2A) Designations under subsections (1) and (2) can only be made following consultation with the local community.”
This amendment would require designation of a high street or town centre to be consulted upon.
Dehenna Davison
I thank the shadow Minister for his contribution and for his passion about levelling up, which is right at the heart of this Government—if I did not believe that, I could not in good conscience have taken on the job of levelling-up Minister, given that levelling up is so important to me, who I am and what I stand for.
I am particularly grateful to the shadow Minister for his passion regarding high streets, which are the heart of our communities. We need to do all we can to ensure that local authorities and local communities have the tools that they need to deliver and see their high streets thrive. I also thank him for his constructive approach to our policy regarding high street rental auctions, and I hope that we can have some good debates today to make that policy the best it can be, in order to deliver for local areas. He mentioned meeting CAMRA. I am always pleased to meet representatives of CAMRA—they tend to choose the best venues for meetings—so I will definitely take him up on that offer.
Turning to the shadow Minister’s amendments, amendments 185 and 186 relate to the designation of high streets and town centres for the purposes of high street rental auctions. Amendment 185 would require local authorities to consult the local community before the designation can be made. That is linked to amendment 186, which would allow the local community to apply for a street or area to be designated as a town centre or high street.
While I appreciate the genuine concerns behind the amendments, I do not think they are needed. Local authorities are uniquely placed to make that designation, based on their deep knowledge of their own area. Given that high street rental auctions are an additional tool to enable authorities to take control of regenerating their areas, we have to empower them to do so. As such, the Bill will empower local authorities to use high street rental auctions based on the definitions of “high street” and “town centre” set out in clause 150, which require the local authority to take into account the importance of a street or town centre to the local economy. The designation may also be informed by places defined as high streets or town centres in that authority’s local plan, where one exists. We therefore consider that amendments 185 and 186 add an unnecessary extra layer of complexity to the designation process and a further burden on local authorities, which we are concerned may hinder take-up.
Amendment 195 would define the term “local community” as a result of the proposed addition of amendments 185 and 186 to the Bill, which relate to the designation of high streets and town centres for the purposes of high street rental auctions. As I have explained, we do not think those amendments are necessary. I hope I have provided sufficient reassurance that consideration of the needs of the local community will be built into the high street rental auction process, and I ask the hon. Member for Nottingham North to withdraw the amendment.
Alex Norris
I am grateful to the Minister for her response. I am pleased to hear that the commitment to levelling up remains at the heart of the Government’s programme, but may I gently say that that remains to be seen? I am conscious that the Bill is obviously from a couple of Secretaries of State ago. Having seen briefing that a lot of what the right hon. Member for Surrey Heath (Michael Gove) did is now considered socialism, I must say that that is not a socialism I would recognise. The Government may need to re-earn that space and show that this really is a priority, and of course we will make significant efforts in this area.
I am slightly disappointed that the Minister is not minded to take up these proposals, particularly amendment 186. What we are actually talking about is community power, which is a crucial part of levelling up; it is absent from the Bill, and the Minister now has a chance to correct that error. There is an expectation during the levelling-up process that we will see a shift of power from Whitehall to town hall, and from Whitehall to communities. If what communities get out of levelling up instead is a shift of power from Whitehall to regional and sub-regional bodies, the Government will not have passed that test. The challenge here is to add that bit that says yes to town hall, but actually goes even further, to our local communities, and the community power we propose would have been the way to do it. I will not push the amendments to a Division, because we will cover community power in later proceedings, but I hope the Minister might reflect a little in the meantime on the points I have made.
I will conclude by saying that, whatever side of the Chamber colleagues are on, and whoever is sitting in our seats in three, four, five or maybe 10 years—I talked about the Localism Act with an 11-year perspective, and they might be here in 11 years—they will say that high street rental auctions are effective in some parts of the country but not in others. The reason will be that we have not given the public strong enough tools to involve themselves where their local authority does not involve them. I hope the Minister will reflect on that, but I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Dehenna Davison
I am grateful to both hon. Members for sharing their thoughts, and particularly to the hon. Member for York Central—I have had a number of fantastic trips to York, and it is a brilliant place to go. I have never actually been to Spark, so that is definitely on my radar. I thank the hon. Member for mentioning it.
On the point about warehouses being excluded, this is largely because it is incredibly rare that warehouses are in the area that is determined as the high street. That is why we have excluded them in this way. I am certainly happy to sit down and have a conversation about it, if that would be helpful.
Question put and agreed to.
Clause 150 accordingly ordered to stand part of the Bill.
Clause 151 ordered to stand part of the Bill.
Clause 152
Vacancy condition
Alex Norris
I beg to move amendment 187, in clause 152, page 172, line 21, leave out subsections (5) and (6).
This amendment would remove the Henry VIII power for the Secretary of State to alter the circumstances of vacancy.
Dehenna Davison
Once again, I thank the shadow Minister for his incredibly constructive approach. I certainly hope to be in post long enough to see the Levelling-up and Regeneration Bill make it on to the statute books. Watch this space, but that is certainly my plan. I am grateful to the hon. Member for the points that he raised. As we have discussed, high street rental auctions are a new concept and power for local authorities. The amendments focus on the powers to amend elements of the process for introducing high street rental auctions. We believe that those powers provide much-needed flexibility to ensure that auctions deliver the intended policy outcome of regenerating our high streets and town centres.
Clause 152 sets out the criteria for the vacancy condition, which must be met before local authorities can consider premises for a high street rental auction. For the vacancy condition to be satisfied, as the hon. Member for Nottingham North has highlighted, the property must be unoccupied on that day, and have either been unoccupied for the last year, or for a total of 366 days in the last two years. That provision aims to ensure that only reasonably long-term vacant properties are subjected to high street rental auctions, and to set out where use of premises will not count as occupation when assessing the vacancy condition.
The vacancy condition will have an important bearing on how widely used the measure is, and on the frequency with which the power can be used by local authorities. As it is a new power, the vacancy condition may need to be changed in future. The experience of implementing high street rental auctions may lead us to want to alter the period, so that we can ensure that the measure targets the right premises. For example, there may be evidence that a longer or shorter period should be afforded prior to implementation. Amendment 187 would remove that power and flexibility. The Government accept that changing the vacancy condition would be a significant change. That is why any regulations to amend the vacancy condition will be subject to the affirmative procedure, which means that they will come into effect only if approved by Parliament.
Amendment 192 would remove the flexibility in clause 160 to allow for the addition, amendment or removal of grounds of appeal against a final letting notice set out in schedule 15. A final letting notice informs the landlord of a local authority’s intent to proceed to auction, and must be enforced for an auction to be carried out. I recognise that we may need to amend those grounds of appeal in the future in the light of experience in operating the new power. For instance, we may find a need to increase the safeguards available to landlords, or to revise the grounds of appeal where they are found to undermine the effectiveness of the measures and overall policy objective.
As we have discussed, we appreciate the significance of the change, and the importance of parliamentary scrutiny of the grounds of appeal. To reiterate, any change will be subject to the affirmative procedure, and the approval of Parliament, before coming into force. I hope that has provided reassurance, and I urge the hon. Member for Nottingham North not to press amendment 187 to a Division.
Alex Norris
I am grateful to the Minister for that answer, and I am glad that she accepts that these would be significant changes to make by regulation. I am glad of the confirmation regarding the affirmative procedure.
I am not sure that I can accept the argument of flexibility. I understand that we are talking about novel powers, and that we may learn by experience what does and does not work. However, I cannot believe that there would not be appropriate legislative vehicles, either in a local government, property or business space, that would give the Government the opportunity to alter the provision, rather than their doing things in the way that they propose, which I think is a cop-out and backing into the tackle, so I will press amendment 187 to a Division.
Question put, That the amendment be made.
Alex Norris
Very briefly, I have a similar question to the one I asked during discussion of clause 151, which was not quite addressed. Clause 153 reads as follows:
“the ‘local benefit condition’ is satisfied in relation to premises if the local authority considers that the occupation of the premises for a suitable high-street use would be beneficial to the local economy, society or environment.”
Again, whether the condition is met is sort of in the eye of the beholder. Presumably, that provision means that the whole process could be waylaid at the stroke of a pen if the local authority was so minded. To reiterate the question from clause 151, what protection is there if the power is not used appropriately?
Dehenna Davison
My apologies for not getting to that point. I will write to the hon. Gentleman with some assurances in due course.
Question put and agreed to.
Clause 153 accordingly ordered to stand part of the Bill.
Clause 154
Initial notice
Alex Norris
I beg to move amendment 189, in clause 154, page 173, line 5, leave out “ten weeks” and insert “28 days”.
This amendment would reduce the period after which an initial letting notice would expire to 28 days.
With clause 154, we are getting deeper into the detail of how the process is likely to work. It is right that it should be a tight process. Ultimately, we are talking about private assets, and it is important that the state does not act in an overbearing way; we must establish a balance between private and public interests. At the moment, the balance tilts entirely towards landlords, which leaves long-running vacant and derelict premises blighting our communities. This part of the Bill is about finding the balance, but it must be a fair balance.
That process starts with clause 154 and the initial notice. When a local authority identifies a premise that satisfies the condition of having been on a high street or in a town centre, and satisfies the vacancy condition, it can initiate a high street rental auction, which it does by serving an initial notice that basically tells the landlord to use the premise or an auction will take place.
Clause 154 sets out that an initial letting notice will be in force for 10 weeks, and that a final letting notice can be served only while the initial notice is in force; we will cover that shortly. In essence, I suspect that this 10-week period will act as a de facto time limit—a period during which the landlord must find tenants; otherwise, the local authority can move the process on. This is a point of taste, but our view is that 10 weeks is too long. If we add the 14 weeks of the final notice period, which we will get to shortly, that makes a 24-week process. Of course, the premises will have already been vacant for at least a year, or 366 days in the preceding two years. That is a long time on top.
We want the Bill to deliver swift action to bring about the change that people want in their communities; we do not want a long process. The amendment seeks to rectify that by specifying a shorter notice period of 28 days. We think four weeks is more agreeable than 10 weeks. Given how long the landlord will have had already, four weeks is ample time for them to understand what will happen, and to act promptly if they wish. Certainly once these powers are on the statute book, such a notice should not come as a surprise, especially as it will have been preceded by a long period of vacancy. It is the right amount of time to encourage landlords to find new tenants promptly as a last opportunity before the process starts. That speed strikes the fine balance between private and public interest.
Dehenna Davison
I thank the shadow Minister for his contribution. The Government are keen to get the process right, and to make it as speedy as possible. There is no one more keen than I to fill the vacant properties on our high street. He talked about getting the balance right between private and public interest, and we had that in mind when drawing up the legislation. As he outlined, the amendment seeks to reduce the initial letting notice period from 10 weeks to 28 days. It is set at 10 weeks to provide the landlord with a reasonable amount of time to work with the local authority to let the premises. If the landlord fails to let the property within eight weeks, the local authority will then have two weeks to serve a final letting notice. Reducing the initial letting notice period to 28 days increases the risk of a number of high street properties going through the auction process unnecessarily, as landlords will have significantly less time to find a new tenant once an initial letting notice is served. The point is that we want to get properties filled; that is the intention.
We do not think 28 days is a reasonable period for landlords to find a tenant and complete a letting once an initial notice is served. There is also a desire to allow local authorities to work with landlords where possible to find a tenant, and the additional time allows for that. I appreciate the desire from all of us to get vacant premises filled, but we need to strike the right balance, so that we can find sustainable tenants to drive up economic growth. I gently ask that the amendment be withdrawn.
Alex Norris
I am grateful for the Minister’s explanation of the Government’s thoughts. Again, as a point of taste, I think that four weeks would be reasonable because of the preceding period of time. I also expect that local authorities—who are very canny in these processes—will be engaging informally. There will be a whole informal discussion before we get anywhere near this process about what might happen if the premises are not used. I would hope that would salve some of the Minister’s concerns.
I am also not 100% convinced that the amendment would cause lots of properties to unnecessarily go through the auction process. If properties have had a year of vacancy, or 366 days of vacancies in two years, I find it difficult to agree with the idea of them just being sat there waiting to be rented out, and landlords having not quite got round to it. Nevertheless, this is a point of taste, and I do not intend to press the amendment to a Division. We will perhaps unpack the issue more when we get to the final notice element. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 154 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Nigel Huddleston.)
Levelling-up and Regeneration Bill (Twenty Third sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 13th October 2022
(2 years, 2 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 13 October 2022 - (13 Oct 2022)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Alex Norris (Nottingham North) (Lab/Co-op)
I beg to move amendment 190, in clause 155, page 173, line 14, at end insert—
“(c) transfer the premises to a related entity.”
This amendment would prevent the landlord from transferring the premises between related entities while the initial letting notice is in force.
It is a pleasure to resume proceedings with you in the Chair, Mr Hollobone. The amendment, which is in my name and that of my colleagues, deals with an important issue. Its substance is perhaps not my most elegant work, but I am interested to hear the Minister’s views.
With this clause we move on to what a landlord can and cannot do while operating under the initial notice. As the Minister explained, in practice the notices are likely to act as a kind of kick-up-the-backside provision—a shock to the landlords to get them moving and renting out their premises, lest they end up renting to someone they were not intending to rent to, or for less than they were hoping for.
Subsection (1) prohibits landlords from entering into contracts for the building—other than sale of the site—without the consent of the local authority. In reality, it is a limited provision, as the local authority, as covered in clause 156, must grant approval, provided that the landlord has agreed a lengthy tenancy that starts shortly. We will cover that more fully in the next debate.
The restrictions at least seek to prevent landlords from using chicanery to escape their obligations—for example, entering into a bogus tenancy including an immediate break clause. A new tenant—possibly a friend or family member—might be a tenant for a day, then the break clause could be executed, the premises vacated and the clock restarted. We think it is right that these sorts of loopholes are closed.
Subsection (1)(a) states that landlords of a premises may not
“grant, or agree to grant, a tenancy of, or licence to occupy, the premises”,
and paragraph (b) say that they may not
“enter into any other agreement”—
none of that—
“without the written consent of the local authority that served the notice.”
They can sell the property or enter into a proper tenancy arrangement, but nothing else.
With the amendment, I want to probe the Minister about whether the clause leaves a gap where a landlord might seek to pass ownership of a premises to a friend or family member, or perhaps a related company, in order to establish new ownership and restart the clock when in reality nothing has changed. As I said, the amendment might not be the most elegant way to do this, but I am interested in the Minister’s views on how to avoid any such loophole.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
It is a pleasure to serve under your chairmanship, Mr Hollobone. The shadow Minister expressed a fair concern, and I hope I can reassure him.
The clause places restrictions on landlords in relation to any new lettings of the premises while the initial letting notice is in force. As discussed, the proposed amendment is intended to prevent landlords from transferring their interest to a related entity in order to avoid the high street rental auction process. We share the concerns that underpin the amendment, but we consider it unnecessary, because any related party that purchases the landlord’s interest will still be bound by the initial letting notice, as made clear by clause 173(7), which tackles exactly that concern and removes the incentive for landlords to transfer the property to related entities in order to avoid the auction process. I hope that reassures the shadow Minister.
Alex Norris
Yes, it does. I had not seen that, so I appreciate the clarity. That closes the point. I thank the Minister and beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 155 ordered to stand part of the Bill.
Clause 156 ordered to stand part of the Bill.
Clause 157
Final notice
Alex Norris
I beg to move amendment 191, in clause 157, page 174, line 25, leave out “eight weeks” and insert “two weeks”.
This amendment would reduce the period of time before a final letting notice can be issued to two weeks.
Clause 157 establishes final notices. These are used when a premise has lain vacant for a year or 366 days over two years and has been served its initial notice, and still no action has taken place and the premises continue to lay vacant, obviously having an impact on its local community. On the face of the Bill, final notice has to take place after eight weeks have elapsed from the serving of the initial notice, but not before the notice itself expires after 10 weeks, as per clause 154(2)(b). A final notice of intent to carry out a high street rental auction can take place between the eight-week marker and the 10-week marker.
As we stated in the earlier debate, the Labour party feel that that period is too long. Those communities have waited long enough, and those landlords have had long enough. Instead, amendment 191 would allow for the final letting notice to be served after two weeks have passed following the serving of the initial letting notice. The amendment would have worked a little better had our earlier amendment been more successful in moving the Minister, because that would have established a regime whereby the initial notice lasted four weeks, with the final notice being served at any time after the first two weeks. As we said earlier, we believe that would be a good enough window to get the process going, but that was not the view of the Committee. On its own, this amendment would ensure that the initial notice still lasted for 10 weeks, but the final letting notice would be servable by the local authority at any time after the first two weeks. That is less good than it could have been, but it remains better than what is on the face of the Bill.
In our earlier discussion, we talked about the expectation that landlords would be using this time to seek a tenant, work with the local authority to find the appropriate tenant and move things on—which was why they needed 10 weeks rather than four weeks—and that the local authority would be an important part of supporting that process, both formally and informally. That probably leaves local authorities as good final arbiters to say, “Actually, this is not going anywhere. There is either no engagement, or no meaningful engagement. We have already been in this situation informally for a year, and have now been in the process formally for a couple of weeks. There is no prospect of this moving forwards.” That decision could be taken after two weeks and a day, after six weeks and a day, or—as is currently on the face of the Bill—after eight weeks, but nevertheless, we are giving them a bit of case-by-case flexibility. I do not want to rehash the argument about the premises having been vacant for long enough, because that point has been made, but our amendment would add a bit of flexibility for some common sense to be applied. I would be interested in the Minister’s views.
Dehenna Davison
I completely appreciate the concerns raised by the shadow Minister. I think he shares my real desire to get those vacant properties filled as quickly as possible, so we are at least starting from a common ground.
As has already been debated, the amendment relates to clause 157, which currently provides that a local authority may serve a final letting notice on the landlord of a vacant high street premises eight weeks after the initial letting notice has been served. The amendment would allow the local authority to serve a final letting notice two weeks after the initial letter had been served. It is important to note that service of the final letting notice allows the local authority to carry out a rental auction, and means that further, more significant restrictions on letting are imposed on landlords, as set out in clause 158. While reducing the period to two weeks could help to fill vacant premises more quickly, we consider that, on balance, landlords should be afforded a further opportunity for a reasonable period to fill the vacant premises after an initial letting notice has been served. We all know that property negotiations can be incredibly complex and often take parties several weeks to agree, so we consider a two-week period to be too short, and think that eight weeks is more realistic and reasonable.
We do want to enable local authorities to deliver high street rental auctions within 24 weeks when possible, as they are intended to be the quickest possible intervention that strikes the right balance between the public interest and the private interest. However, we need to provide landlords and local authorities with reasonable and realistic timescales and build appropriate safeguards into the process. That includes giving landlords a reasonable opportunity to respond to the initial letting notice by allowing them a further opportunity over an eight-week period to let the premises themselves, and a 14-day period to decide whether to appeal against a final letting notice.
Consideration also has to be given to the interests of the local authority, as making the process too quick could place an additional and unreasonable strain on local authorities that are looking to exercise these powers and deter them from using them at all. Local authorities are effectively given a 12-week period to run the auction process and complete the tenancy contract. Given those explanations, I really hope that the hon. Member will withdraw the amendment.
Alex Norris
I am grateful for that explanation. As we have discussed previously, there is a point of difference on what we consider sufficient time, notwithstanding that, as we have seen on other clauses, the period of time under a letting notice comes after a long period of vacancy already. I would make the case strongly that this is an issue of inclination rather than time for the landlords, but I accept the points that the Minister has made. We have different views on this issue. I am not going to pursue it today, but I suspect we will come back to it at a later opportunity. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 157 ordered to stand part of the Bill.
Clauses 158 and 159 ordered to stand part of the Bill.
Clause 160
Counter-notice
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
That schedule 15 be the Fifteenth schedule to the Bill.
Clause 161 stand part.
Dehenna Davison
Clauses 160 and 161, and schedule 15, deal with the issue of appeals by landlords against a final letting notice. Under clause 160, the landlord will be able to appeal against a final letting notice within 14 days of receipt by issuing a counter-notice to the relevant local authority. The counter-notice must set out the grounds for appeal.
Schedule 15 specifies what grounds of appeal are permitted. They include whether the vacancy condition and local benefit condition have been satisfied, the suitability of premises for high street use, and the opportunity for the landlord to re-let the premises within an eight-week window following the initial letting notice. Schedule 15 also provides for grounds of appeal based on redevelopment by the landlord or where the landlord intends to occupy the premises, which is taken from other similar contexts, such as the opposed lease renewal process in the Landlord and Tenant Act 1954.
The right of appeal is an important safeguard for landlords, and the step of issuing a counter-notice allows both parties to take stock before matters are referred to the county court. Clause 160 gives the relevant local authority early warning of the landlord’s intention to appeal, and clause 161 provides an opportunity to withdraw the final letting notice before any appeal application is made by the landlord to the county court. Local authorities may be reluctant to serve a final letting notice without that additional step, because they will want visibility on whether the landlord intends to appeal before matters are submitted to the county court. Clause 161 sets out further procedural requirements relating to the landlord’s appeal against the final letting notice, particularly the role of the county court in considering such an appeal.
An appeal by the landlord must be limited to the grounds specified in the counter-notice and can be brought only in the county court. The court will then have the power to confirm or revoke the final letting notice. An appeal must be brought within 28 days of receipt of the counter-notice by the local authority. Where the landlord appeals, the clause also extends the 14-week window set for the letting procedure, as set out in clause 157, so that the local authority has sufficient time to complete a high street rental auction process if the landlord’s appeal is unsuccessful.
These clauses and schedule 15 provide clear timeframes and requirements for a landlord to appeal a final letting notice. They also allow local authorities to establish quickly whether it is clear to proceed with the auction process without fear that a late appeal may disrupt it. On that basis, I commend the clauses and schedule to the Committee.
Alex Norris
We appreciate that this is an important part of the process, so I will be brief. We made the same point prior to the break for lunch, but again I find it odd that the Government think they need to reserve to themselves, in subsection (5)(a), (b) and (c), the power to add grounds for appeal through a counter-notice.
This is a serious thing. We are talking about a rare situation, especially for a Conservative Government, whereby private property will essentially be transferred to the state, in terms of its agency, so that it can be used properly—although the receipts will of course still go to the private landlord. I would be surprised if the Government do not know, or think they do not know, the grounds on which that decision would be appealable. I therefore wonder whether they have really bottomed out the process. As with previous parts of the Bill, I think they are retaining too much power for later. They have broadly got the measure right and should commit to it, so these are not necessary provisions, and I will be interested to hear why the Minister thinks they are.
Dehenna Davison
I am grateful to the shadow Minister for voicing his concerns; I completely appreciate them. As I said earlier, it is important that we get this process right. Given that this is a novel policy, we want to make sure we get it right. Through experience of implementing the rental auctions, we may want to alter the grounds of appeal to ensure that the measure can target the right protections and make sure they are in place if, for example, there is evidence that the policy is preventing landlords from using the property in ways that are beneficial and complementary to the policy. It is all about ensuring we have the flexibility to get this right and make sure it works. We want to fill vacant properties while ensuring that landlords have adequate protections. I hope that has provided some reassurance.
Question put and agreed to.
Clause 160 accordingly ordered to stand part of the Bill.
Schedule 15 agreed to.
Clause 161 ordered to stand part of the Bill.
Clause 162
Rental auctions
Alex Norris
I beg to move amendment 193, in clause 162, page 177, line 36, at end insert
“These regulations must be laid before Parliament before the end of a period of 90 days beginning with Royal Assent.”
This amendment would require the Secretary of State to lay any regulations under this section before Parliament within a period of 90 days.
The amendment reflects the Opposition’s anxiety, which the Minister has gone some way to assuage, that there are significant portions of the Bill—those to be discussed and those that we have discussed—that are not likely to see the statute book. I know we cannot live and die by briefing in the media, but it has a habit of being on the nose very often. There is a sense that we will lose provisions from the Bill, and this is one that we are most likely to lose. It is of its time, given the Secretary of State when it was written, and less so of the supposed direction today. I want to probe that a little.
Clause 162 sets the rules for rental auctions—or, to be more precise, subsection (3) says that there must be rules, and the Government have reserved the power to set them. I think that would have been better done by schedules to the Bill, but that is the path chosen. The rules do not have to be very difficult. Subsection (4) says that the local authority must designate suitable use of the premises. That seems reasonable. We always argue for public engagement, but I suspect that the existing use classes are likely to guide that.
Beyond that, there needs to be an advertisement and an auction held. We support subsection (8), which allows a degree of local variance, although subsection (7) slightly contradicts that, in the sense that regulations set by the Secretary of State are likely to constrain that. I want to hear from the Minister that that is likely to applied rightly. I hope that local authorities will have the headroom to hold auctions in a way that is practical, otherwise central Government might as well conduct them themselves.
I do not think all the subsections in sum create a particularly complicated picture. Actually, I think those of us in this Committee could design a system very quickly; I think it is quite obvious how to hold an auction on a premises that has a use-class designation. The terms of the clause, and in particular subsection (7), may delay the provisions coming into force, but public expectation is building and we must deliver on it. Amendment 193, perhaps ironically or perhaps elegantly, imposes a “use it or lose it” provision on the existing “use it or lose it” provision to ensure that the regulations must be laid within 90 days of Royal Assent. I cannot believe that that would not be enough time, so I am keen to hear from the Minister when we would be likely to see those regulations.
Dehenna Davison
Again, I am grateful to the shadow Minister for his clarity on the intention behind the amendment, which I think is well intentioned. It seeks to require that regulations to implement the rental auction process are laid within 90 days of the Bill gaining Royal Assent.
Clause 162 sets out the principles of the rental auction process. It is likely that a significant amount of detail will need to be provided in relation to the process that will be procedural and technical. I firmly believe that that would be more appropriately dealt with through regulations. Although we are looking to make those regulations as soon as possible, at this stage it is not possible to commit to a timeline of 90 days, because those regulations will be informed by extensive engagement with the sector on the rental auction process. There is a need to consult, and we would like the input of local authorities, which will be responsible for arranging the auction process, and landlords, who will have an interest in how that rental auction is run. We anticipate consulting on those measures shortly—this autumn—which will allow any feedback to be taken into account in the detail of the regulations. More details will be available later in the year, and I will ensure that I write to the shadow Minister as we have them.
Given that this is a new and innovative policy, the proposed engagement is crucial to ensure that rental auctions operate as intended and result in genuine regeneration and levelling up. I therefore ask the hon. Gentleman to withdraw the amendment.
Alex Norris
I am grateful for that response. I hear what the Minister says about the significant amount of detail and technical elements that are likely to follow. I am not 100% persuaded that auctions are that complicated. Anyone who has ever attended one will know that they are actually quite brutal and terrifying experiences, with very clear and defined outcomes. It never feels like there are many shades of the grey in the auction room. I hear what the Minister says, particularly about engagement, and I would never speak against that. I hope that there is a sense of purpose and a desire to get on with the provision, however, because communities are waiting for it, so the sooner we can do that, the better. On that basis, I am happy to beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 162 ordered to stand part of the Bill.
Clause 163
Power to contract for tenancy
Question proposed, That the clause stand part of the Bill.
Alex Norris
I have three questions. Clause 163(1)(b) provides the power to contract for a tenancy if
“the period of 42 days beginning with the day on which that notice took effect has elapsed”.
I understand why there needs to be time, but I am not sure why a minimum time has been set quite so quickly. It might take a number of weeks to get a tenancy together, but why include a hard six-week period that will add to and elongate the process?
Clauses 164(5) and 166(3) address, respectively, pre-tenancy works and work that the local authority might have to do
“in order to make an effective grant.”
Are the costs incurred by a local authority in making a premises ready rechargeable?
Clause 165(7) provides for a reserve power to make regulation. I will not rehash that argument, but for clarity, do the Government expect a relatively simple tenancy equivalent to a general market or high street tenancy?
Dehenna Davison
I am grateful to the hon. Members for York Central and for Nottingham North for their remarks.
The hon. Lady raised a good point. On her drafting concern, clause 165(6) refers to schedule 16. Will she please let me know if that is not clear, and I will ensure that it is rectified? But my expert team have told me that that is the case. We can pick this up afterwards if need be.
Rachael Maskell
Schedule 16 refers back to clause 164, not 165, according to the note next to the schedule, on page 320. I am curious, shall we say, and that further adds to my curiosity, because there is no true cross-referencing, then, to the right clause.
Dehenna Davison
I will pick that up afterwards and write to the hon. Member with some clarity on that point.
On the point about larger properties—department stores and so on—I think that we all have that concern. We can probably all think of, in our high streets or the places where we grew up, department stores that are sitting empty and that we want to be filled, but filled in the right way. The hon. Member made reference to super-nightclubs. I am sure that there would be a few people in favour of such measures, but I think the local community would much rather see pop-ups and small independent businesses appearing in these places. Again, we want to absolutely ensure that we get this right. There is the definition of “premises” in clause 177(3). It does envision powers applying to part of a building. This could be a potential solution, but I am happy to sit down with the hon. Member afterwards to see what more we can do to reassure her and, indeed, people across the country on the point.
On the point about chargeable costs, this is something we hope will get picked up in the consultation, but the intention is to spread this between the landlord and the tenant as far as possible. Again, I am happy to take some time with the shadow Minister, the hon. Member for Nottingham North, to provide some clarity on the point after Committee has concluded.
Question put and agreed to.
Clause 163 accordingly ordered to stand part of the Bill.
Clause 164 ordered to stand part of the Bill.
Schedule 16 agreed to.
Clauses 165 to 168 ordered to stand part of the Bill.
Clause 169
Power to require provision of information
Question proposed, That the clause stand part of the Bill.
Dehenna Davison
Clauses 169 to 172 relate to the powers of local authorities to acquire information about commercial properties in order to facilitate the process of running high street rental auctions. They also deal with circumstances in which that information is not forthcoming.
As I have explained, local authorities will need information on qualifying high street premises in order to enable them to pursue the high street rental auctions process. That includes details of the landlord, to enable a local authority to serve the letting notices. It also includes information on the premises that will need to be provided to prospective bidders as part of the auction process. Some of the information may be publicly available, but much of it will be in the possession of the landlord or those who have an interest in the premises. Clause 169 therefore gives the local authority the power to request information about premises in a designated high street or designated town centre from persons who appear to have an interest in those premises.
Some landlords may be less co-operative than others in complying with this process. Without this power, landlords could easily frustrate the process by refusing to provide information about their premises. We also consider it necessary to incentivise landlords to provide this information through the backing of criminal sanctions. That is why this clause includes an offence. If a person, without reasonable excuse, fails to comply with a request for information about premises or gives false information, they are liable on summary conviction to a fine not exceeding £2,500.
Clause 170 deals with the circumstances in which local authorities may need survey information on the condition of qualifying high street premises in order to assess the suitability of premises for high street uses and the rental auction process. This clause gives local authorities the power to enter and survey premises situated in a designated high street or town centre to obtain survey information, if they so choose. The power is necessary to ensure the effectiveness of the measures. Again, some landlords might be less co-operative than others and could frustrate the process by refusing access to local authorities.
Clause 170, however, also provides landlords with certain safeguards that usually apply to powers of entry. For example, local authorities are required to give advance notice of at least 14 days to the landlord before exercising the powers; and local authorities may only exercise the power at a reasonable time, and not in a way that involves the use of force, except on the authority of the warrant issued by a justice of the peace. Given the safeguards, landlords will have the opportunity to grant access. The premises are likely to be non-domestic and vacant, so the exercise of the powers is unlikely to harm the interests of landlords and should be only a mild inconvenience.
Clause 171 sets out the offences that apply in relation to the power of entry under the previous clause. As I said, we believe it best to incentivise landlords to provide access to premises that may be subject to high street rental auctions through the backing of criminal sanctions. This clause therefore provides for a fine of up to £1,000 for obstruction. It also provides the landlord with a safeguard by making it a criminal offence punishable by up to two years’ imprisonment for a person in the exercise of their power of entry to disclose confidential information obtained in the exercise of the power for purposes other than high street rental auctions.
Finally, clause 172 gives local authorities the ability to apply to the county court for an extension to the period that applies to the high street rental auction process. That is considered necessary to prevent landlords from frustrating the process by seeking to time out the local authority by not complying with requests for information, providing false information or obstructing access to the premises. I commend the clauses to the Committee.
Alex Norris
I have two quick questions. First, I want to check that I am reading clause 169(5) correctly. When a local authority asks for information from a landlord—an important provision—that is in a non-prescribed form. The Government do not intend to prescribe the form; it will just be the form that the local authority sees fit to use.
Secondly, clause 172 is important and tries to prevent landlords from trying to take local authorities and communities for a long walk to run out the clock. The clause means that a court may add time, which is very welcome. Will the Government be clear about that to local authorities, because one thing that will put local authorities off is the possibility that they could just go on a quixotic journey through lawyers’ letters, never actually getting anywhere? However, clause 172 should give us confidence that that will not be the case. I hope that the Minister can address those two points.
Dehenna Davison
Again, I thank the shadow Minister for his questions. My understanding is that his understanding is correct about the information being provided, but I will write to him for clarity.
On the shadow Minister’s point about not wanting local authorities to go around the houses in this legal process, we are absolutely trying to make the process as straightforward as we can. Again, the ultimate aim is to get the vacant premises let out and in use, which is why we want to make the process as swift as possible, while ensuring that there are sufficient safeguards in the legal process.
Question put and agreed to.
Clause 169 accordingly ordered to stand part of the Bill.
Clauses 170 to 174 ordered to stand part of the Bill.
Clause 175
Compensation
Alex Norris
I beg to move amendment 194, in clause 175, page 185, line 16, at end insert—
“(1A) Compensation for damage under subsection (1) does not include damage that reasonably occurred gaining access to the site or premises where a landlord fails to grant such access.”
This amendment would exempt from compensation damage that is caused when the authority, or their agent, needs to force access to a site following the failure to allow such access by the landlord.
If this part of the Bill is used proactively by local authorities and communities, as we and the Government want, it will doubtlessly be a disruptive one—it is meant to be a disruptive one. I have no doubt there will be cases where some landlords think the best course of action is to ignore the process entirely, especially in the cases of landlords based a long way away from the communities where the premises may be based. There have to be powers, as covered in clause 170, for the local authority to enter a premises, and we fully support that. It is necessary to have a look at the place, for a start, but it is also necessary to let it out to the winner of the auction.
Clause 175 provides that where this power has been used and damage has been caused, the landlord has a right to compensation. That is fair; it is wrong that landlords might sit on assets and help drag the community down, but nevertheless the premises are their property, and it is right that they are treated with respect. When that is not the case, they ought to be able to seek redress and compensation. I want to try and square the two circles; in a case where damage has occurred as the landlord has not been willing to grant access to the premises in line with the provisions of the Bill, they perhaps should not get compensation. If they refuse to remove a lock, it is reasonable to think that the lock might be cut off.
Amendment 194 would cover this. It would mean that damage could not be claimed for where it reasonably occurred when seeking access. There are two protections; first, that the damage happens reasonably—for example, cutting off the lock by knocking a wall through would not be proportionate; and secondly, that it follows the refusal of a landlord who has not availed the local authority of the opportunity to enter, so a reasonable action has had to take place. That is a fair balance between the protection of property, and compliance with law and the rule of law more generally. I am interested in the Minister’s response.
Dehenna Davison
Again, I thank the shadow Minister for his clarity on the intention behind the amendment. He outlined that the amendment seeks to clarify circumstances in which compensation will be paid as a result of damage caused by the local authority or their agent entering the property, pursuant to their power of entry in clause 170 where a landlord has refused to grant access.
Although we fully understand the sentiment behind the amendment, we consider it more appropriate to provide landlords with a general entitlement to seek compensation for damage where local authorities have exercised their power of entry. The upper tribunal can then decide whether there are any circumstances that can be taken into account that affect the landlord’s entitlement to compensation, rather than providing for specific exemptions within the primary legislation. This is the approach we have adopted in other legislation, such as the compensation provisions in section 176 of the Housing and Planning Act 2016, which relate to the power to enter and survey land. On that basis, we are not able to accept the amendment, and I ask the hon. Member to withdraw it.
Alex Norris
In general, I am quite sceptical, where arrangements rely on what are often relatively small sums of money, that there will be formal court backing. Given what the Minister has said about alignment with other provisions, that is probably enough to give me reassurance for now. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Clauses 176 and 177 stand part.
New clause 55—Resources—
“(1) Within a period of 90 days beginning from Royal Assent the Secretary of State must publish a report detailing the new resources made available by His Majesty’s Government to local authorities in order to exercise Part 8 powers.
(2) In order to discharge the powers under Part 8, Local authorities may charge landlords for associated reasonable costs.”.
Dehenna Davison
As we have already debated, clause 175 entitles a landlord to compensation for damage resulting from the exercise of the power of entry by local authorities. This is an established approach, as powers of entry on to private land where compulsory powers are being considered are typically given to statutory authorities on the basis that compensation is payable by those authorities for damage suffered by the landowner, and as a result of the exercise of the power. Subsection (5) provides that, aside from those arising from subsection (1) in respect of the power of entry, there is no other entitlement to compensation in respect of the exercise of the rental auction process as defined by the powers in part 8. I commend the clause to the Committee.
Let me move on to clause 176. There is certain legislation that applies to premises that are let. In order potentially to reduce cost burdens on landlords as an effect of high street rental auctions, clause 176 provides a power to disapply or modify relevant legislation to avoid unfairness on landlords. An example is the Energy Performance of Buildings (England and Wales) Regulations 2012, which apply minimum energy performance requirements. Compliance with those regulations may require works to be carried out to improve the energy performance of premises before they can be marketed and let. That work would fall on the landlord and may, in some cases, impose a significant burden. The Government have agreed that, due to the temporary and select nature of high street rental auctions, only very few properties will be affected, and we have agreed a review point after five years to assess the impact of the disapplication.
Clause 177 supplements the main clause in part 8 by giving definitions and clarifications of various terms used throughout the part. In particular, subsection (3) clarifies that the high street rental auction powers can be used in relation to premises that are the whole or part of the building, designed or adapted to be used as such, but, also, part of the building that
“could with reasonable adaptation be so used.”
Rachael Maskell
If premises were to be wholly let, but let in separate lots, how would that be covered by those clauses? It seems that the Minister is talking about, for example, half a building being let. However, if we are talking about half a building to be used in 10 separate sections, how would the legislation cover that scenario?
Dehenna Davison
I will write to the hon. Member on that specific scenario and provide additional clarity. The definition of short-term tenancy is also found here, which limits the term of tenancies granted under high street rental auction powers between one and five years. It also includes setting out what is meant by local authority. They are district councils in England, and county councils where there are no district councils, London borough councils, the common council of the City of London and the councils of the Isle of Skye. The clauses underpin the workings of this part of the Bill, and I urge the Committee to support them.
On new clause 55, I am grateful to hon. Members for seeking to ensure that local authorities have the resources necessary to auction vacant high street premises. I agree that is incredibly important. I want to reassure hon. Members that we intend to work with local authorities to produce detailed guidance to help them through the auction process, minimising burdens wherever possible. The provision would permit local authorities to charge landlords for costs associated with the high street rental auction process. The details of the rental auction process, including how we will distribute the costs of the process, will be set out in regulations following consultation with local authorities, landlords and tenants. I do not believe publishing a report within three months of the Act being in force, when local authorities may only just be starting to engage with the process, will benefit the aims of the Bill.
To go back to the point about premises being partially or fully let, as raised by the hon. Member for York Central, we will consult on a standardised lease that will deal with sub-lettings. There will be a consultation on that point to ensure that we get the policy right.
Rachael Maskell
I am grateful to the Minister for raising that, but I wonder how will relate to the legislation. Obviously, this is the authoritative source. While the Minister may be consulting, is she saying that there will be greater clarity brought within regulations? How will that come forth? I think it will be of real interest across the country. It is the very scenario that the clauses are trying to address. Can the Minister bring more clarity?
Dehenna Davison
Absolutely. I go back to my earlier point; we all see those larger units that need to be let out, and we know that smaller businesses or community groups would be able to benefit from those smaller spaces. We intend to set this out later in regulations once we have consulted again to ensure that we get this absolutely right. It is a novel policy, so it will take some tweaking. We want to get it right to ensure that it works and fulfils the ultimate aim of getting our vacant high street premises filled.
Alex Norris
I shall speak to new clause 55. In an earlier answer, the Minister made the case for this measure because she characterised the new process as a strain—that is the word she used—on local authorities, and that is true. It is a new burden for which local authorities currently are not and will need to be funded for. The impact on local government funding over the past decade or more has been well stated, not least in this Committee. Our local councils have been hammered. The Government’s best record on localism is localising blame by cutting budgets and shifting difficult decisions. That seems to be the phase we are—bewilderingly—entering into again, and I dare say it will happen again.
Local authorities are incredibly hard-pressed. Unless there is proper support, that will be a limiting factor on the success of the process, because many local authorities will be so hard-pressed that they will say, “We just can’t get to that.” The Minister has already resisted community rights to initiate the process, and I fear that will act as a handbrake on it. I strongly argue—I feel certain in my case—that the Minister could help us and give us some comfort on this point. I have managed to go all day—a new record—without mentioning the publication of the impact assessment for the Bill. We are trying this with Whip No. 3, and Ministers 9 and 10. We feel such a level of disregard and discourtesy because the Government will not produce an impact assessment. We know it exists. The Regulatory Policy Committee, on the Government’s website on 19 July, said that the document exists.
The Minister is new to her role, but I know she is a plain speaker. I ask her please to release the impact assessment. If there is concern, as I think there might be on the Government Benches, that it will be writ large to the public that perhaps the provisions on levelling up will not make much of a difference, I gently say: the public already know. In the next stage of the Bill we will deal with hugely important decisions relating to planning, and we have no idea what the Government think the impact of those will be. That is no way to run a country. The Minister is not minded and I will not push the matter to a Division, but at some point that question needs to be addressed. I beg the Minister to do that at the earliest possible opportunity.
Dehenna Davison
I take issue with one thing that the shadow Minister said—we have done well today; we have got through almost two full sittings—about localism. I do not think that is to do with shifting blame. It is about empowering local areas. That is why we are running a very ambitious devolution agenda to make sure local areas have the powers and resources they need to succeed. We have seen fantastic examples in Tees Valley, Greater Manchester and the West Midlands. The powers really come into their own, and show what devolution and localism can do for local areas and the people living there. I had to get that on the record. We needed a point of proper disagreement today, and we have managed to find one.
I will take away the point made by the hon. Member for Nottingham North on the impact assessment and come back to him on it as a matter of urgency.
Question put and agreed to.
Clause 175 accordingly ordered to stand part of the Bill.
Clauses 176 and 177 ordered to stand part of the Bill.
Clause 178
Requirements to provide information about ownership and control
Question proposed, That the clause stand part of the Bill.
Dehenna Davison
Part 9 of the Bill will greatly enhance our understanding of who owns or controls land and property. To assist the economy to grow, the Government need to break down any barriers and find key tools that ensure our property market is fair, open, competitive and resilient. One big barrier at the moment is information asymmetries. The land market in England and Wales currently lacks full transparency, particularly when land control arrangements are used—opaque arrangements short of ownerships such as options and conditional contracts.
The Government are determined, for the benefit of us all, to shine a light on complex arrangements used to control land and property. Clause 178 allows the Secretary of State to expand the collection of information about legal and beneficial ownership of land and property in England and Wales. We intend to use the power to dig deep into opaque ownership, and to control structures into narrow use cases.
First, the power will ensure that landlords responsible for the cost of remediating unsafe buildings under the Building Safety Act 2022 do not avoid their liabilities. Some are seeking to avoid their remediation responsibilities and frustrate the Act through the use of obscure structures. A targeted power will help to cut through that, and will allow us to ensure that works are carried out swiftly, so that we avoid continued costs for leaseholders and calls on the Government’s legal budget. Secondly, the power will allow the intelligence and security agencies to identify opportunities for hostile actors to misuse properties in the vicinity of sensitive sites and put national security at risk.
Clause 179 further expands the Secretary of State’s power to collect information on certain specified types of arrangements used to control land. The powers will allow us, for the first time, to collect information on arrangements used by developers and others to control land. I would like to share some facts and statistics about the extent of land control arrangements, and the impacts that the practice has on the housing market, but I cannot, because Ministers and the public are blindfolded on that point. We have no accurate data on the area of land that is subject to such controls, although we suspect that it is substantial. That means that it is hard for local authorities, communities and businesses to identify who controls developable sites. In many areas, that hampers good place-making and slows down development of new areas for people to live in and thrive in.
Collecting and publishing information about land control arrangements will give communities and local authorities a better understanding of who controls land in their area, and addresses those barriers. It will also provide Government with additional information that will allow them to understand who exercises control over land and property, even where that person is not the legal owner. It will provide the basis for assessing that hidden market and producing evidence-based policy.
To implement these powers effectively, we must retain the flexibility to respond swiftly to attempts to avoid or evade this legislation, and ensure that we have all the information we need to unpick the complex and opaque structures used by some to hide their ownership or control. Clause 180 specifies the key information that must be set out in statutory instruments before the powers under the previous two clauses can be used. Parliament will have the opportunity to debate and approve all regulations made under this part of the Bill before they come into force, and all draft instruments will be laid before the House under the affirmative procedure.
Clause 181 allows for the retention, sharing within Government and publication of information collected under clauses 178 and 179. In her Second Reading speech, the shadow Secretary of State, the hon. Member for Wigan (Lisa Nandy), expressed concerns that we were seeking to withhold information on arrangements used by developers to control land. I am pleased to reassure her, and members of the Committee, that we will publish such data as machine-readable open data, in line with our commitments, set out in the 2017 housing White Paper, to improve the transparency of those arrangements and—our key motivations behind the measure—to make the land market more transparent and competitive.
Bearing in mind privacy and security considerations, it is the Government’s intention that other types of information collected—but not published—will be shared with and used by Government bodies to carry out their functions; for example, they could be used for the enhancement of national security and the implementation of the Building Safety Act 2022.
Clause 181 allows for the payment of fees to cover the costs of collecting that information. As our proposals are designed to work with the grain of existing processes, we expect that any fees, if charged at all, would be modest. To be clear, regulations creating any such fee must be made under the affirmative procedure, so Parliament would have to approve them first.
Clause 182 allows the creation of criminal offences by regulation, so that penalties could be imposed on those who failed to comply with requirements to provide information, or who provided false or misleading information. In the overwhelming majority of cases, we expect that people will comply, but the steps that we are taking through this legislation to increase transparency about the ownership and control of property will be disruptive to dishonest actors, or those seeking to conceal their ownership or control of land and property. The stringent transparency measures are, in part, designed to deter nefarious activity or the avoidance of other initiatives aimed at increasing transparency. It would be naive to assume that there are not those who will try very hard to avoid their obligations. That is why that power is so important. The final clause in this part, clause 183, is a technical clause that sets out key definitions. I hope that is non-contentious.
In summary, together, these clauses will provide crucial tools to ensure that our property market is fair, transparent, competitive and resilient. I commend them to the Committee.
Matthew Pennycook (Greenwich and Woolwich) (Lab)
Part 9 is one of the less remarked-on parts of the Bill, but it contains important measures. As the Minister outlined, it provides for enabling powers that require the disclosure of information relating to the ownership and control of land in England and Wales, including transactional information.
Labour fully supports the goal of increasing transparency and accountability in respect of the ownership and control of land that could be used for development, as well as transactional information relating to instruments, contracts and other arrangements. We agree with the Government that reform in this area has the potential to help expose anti-competitive behaviour by developers, tackle strategic land banking, aid smaller-sized enterprises to acquire land for development, facilitate more effective land assembly by local authorities and others, and help communities to better understand the likely path of development in their area. As the Minister rightly said, reform will also help to ensure that where buildings are defective in terms of building safety and require remediation, those works are undertaken as swiftly as possible.
Tim Farron (Westmorland and Lonsdale) (LD)
It is a pleasure to serve under your watchful gaze, Mr Hollobone. I do not want to add much, and I will not repeat what was said by the Minister and the shadow spokesperson, the hon. Member for Greenwich and Woolwich. This is an important part of the Bill. We are talking about disclosure relating to those who would seek to keep their ownership of land out of the public eye, and therefore away from the interference of local authorities and others. That is crucial, and this is an important part of the legislation. I am glad that the Government are pursuing the issue.
I echo the questions levelled by the hon. Member for Greenwich and Woolwich, but I also have a question. We are talking about the disclosure of information where somebody, at least, knows who owns the land. However, clarity of ownership is equally important when nobody knows who owns certain land. In communities such as mine—more than many others, I imagine—which are more rural, or semi-rural, and were first developed long ago—some areas are medieval—there are significant chunks of land that are considered to be potentially common spaces. Nobody knows who owns them. Generally speaking, the desire is not to develop them, but to enhance them as public spaces—to make use of them as parkland, children’s play areas and the like. As the Government explore this part of the Bill, it would be useful if they thought about the extent to which they are seeking clarity of ownership, or the extent to which who owns what can be adjudicated. To use a medieval term, could wastes of the parish be declared where ownership is unclear but the use of a piece of land is potentially in the hands of the local authority or local parish?
That could add real value—probably not in the development of commercial or residential property, but in terms of public amenity. In most parishes in my community, and in Cumbria as a whole, there will be at least one space that falls into that category. The issue is not just disclosure when someone is nefariously keeping the knowledge to themselves; it is clarity where there is none.
Dehenna Davison
I thank the hon. Members for Greenwich and Woolwich, and for Westmorland and Lonsdale, for their broad support for this package of measures. I will do what I can to reassure them on the points that they raise, but I hope that they appreciate that we will follow up on some of them in writing. I am relatively new in post, and still getting on top of the detail. I feel as if I am doing okay, but on certain points I do not want to mislead the Committee, so I will write to ensure that I hit all the points raised.
I referenced the publication of data and its accessibility by the public. The data that is made available through machine-readable open data will be accessible to the public, but further gathered data will be retained—for instance, for national security purposes—and held by Government, but will not be publicly available.
On exemptions for information, I will write to the hon. Member for Greenwich and Woolwich to clarify that point further. We aim to make the land market as transparent as possible, and as much data available to the public as possible, while ensuring that the privacy of personal data is absolutely protected. That is a very fine balance, but I hope that hon. Members appreciate that the intent is to make a more open, competitive and transparent land market, which will benefit all of us, and all parts of the UK.
Question put and agreed to.
Clause 178 accordingly ordered to stand part of the Bill.
Clauses 179 to 183 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Nigel Huddleston.)
Levelling-up and Regeneration Bill (Twenty Fourth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 18th October 2022
(2 years, 2 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 18 October 2022 - (18 Oct 2022)
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Chair
I have a few preliminary reminders that Mr Speaker has asked me to read out for the Committee. Please switch electronic devices to silent. No food or drinks are permitted during sittings of this Committee, except for the water provided. Hansard colleagues would be grateful if Members could email their speaking notes to hansardnotes@parliament.uk.
Clause 184
Pavement licences
Question proposed, That the clause stand part of the Bill.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
It is a pleasure, as ever, to serve under your chairmanship, Mr Hollobone. The temporary streamlined route for pavement licences implemented in 2020 has been successful in supporting the expansion of outdoor dining during the covid-19 pandemic and the economic recovery. To continue supporting the hospitality sector, and to encourage better use of our high streets for our communities, we are making that measure permanent.
Clause 184 inserts a new schedule that amends the Business and Planning Act 2020, making the measure permanent subject to the amendments set out within the schedule. The clause is necessary to ensure that businesses, communities and local authorities have a sustainable process going forward, which balances the interests of all and enables better use of outdoor spaces. I commend the clause to the Committee.
Question put and agreed to.
Clause 184 accordingly ordered to stand part of the Bill.
Schedule 17
Pavement licences
Alex Norris (Nottingham North) (Lab/Co-op)
I beg to move amendment 199, in schedule 17, page 321, line 27, at end insert—
“(A1) In section 1 of the 2020 Act (Pavement licences), in subsection (5)(b) at end insert ‘but includes any part of a vehicular highway which is adjacent to a highway to which part 7A applies.’.”
This amendment would enable the pavement licence to include part of the carriageway, where the carriageway were adjacent to, for example, an eligible pavement. This would enable a licensing authority to grant licences which occupy part of the highway shared between space for pedestrians and vehicles.
It is a pleasure to resume debate with you in the Chair, Mr Hollobone. We support the principle of pavement licences, along the lines of the Minister’s introduction, but we have tabled a few amendments that would enhance them. We are interested in getting some views on the amendments, to ensure that the scheme works as well as it can, taking into consideration concerns about its implementation, whether of road users, walkers, businesses or disabled people. We need to ensure that all voices are heard, and the Bill provides a good moment to do so. As the Minister said, this was a very challenging time for business, but having gone through a dreadful couple of years of collective sacrifice we should seek to grab whatever good we can get from it.
One of the issues, with the benefit of hindsight, with the Business and Planning Act 2020, which legislated for pavement licences, is that a licensed area may take up part of the pavement but not part of the carriageway unless vehicles are already restricted or excluded from it. The existing provisions therefore protect vehicular space but reduce pedestrian space, which is contrary to the aims of “Gear Change”, the vision of the Department for Transport to make England a great walking and cycling nation. If it is right to license extra space for use for commerce, I do not think that we should put a blanket limitation on the nature of the space available, and not include highways when local space could sensibly accommodate it. Again, it would be a matter for local discretion whether it was reasonable to encroach on the space used primarily by motor vehicles, not just by pedestrians.
The amendment would allow a pavement licence to use part of the carriageway adjacent to a pavement. Local authorities would then be able to decide where it was appropriate to allow use of the carriageway. We would expect them to refuse the use of busy roads, but perhaps to license space in other roads and to use road furniture creatively, just as a build-out can accommodate a bus stop, to ensure that the space is still available in its usage. The amendment would empower local authorities, which know best in this regard, to make the decision, thereby giving a bit of flexibility. I am interested in the Minister’s thoughts.
Dehenna Davison
The Government are incredibly supportive of provisions making it as easy as possible for businesses and authorities to facilitate outdoor eating and drinking through the use of the streamlined pavement licence process. I am grateful for the shadow Minister’s broad support for this measure.
There are already a number of ways in which a local authority can consider the pedestrianisation of a street—for example, through traffic regulation orders under the Road Traffic Regulation Act 1984 and through a pedestrian planning order under section 249 of the Town and Country Planning Act 1990. That includes facilitating the placement of furniture on the highway for al fresco dining. The regimes already in place to consider pedestrianisation include important processes to allow the consideration of any issues, including whether vehicular access is required at any time of the day. Pavement licences can then be granted for highways that have been considered under those processes. We have seen the success of that in practice across the country, including in Soho in London and in the Northern Quarter in Manchester, so I kindly ask the shadow Minister to withdraw his amendment.
Alex Norris
I am grateful for the Minister’s answer. I felt that there was a contradiction, however, because she started by talking about a desire to streamline the process, but it was explained essentially as a double process. Not only will there be a pavement licence process, but the local authority will then have to do the other process that she detailed in order to change the use of the space. I am not sure that that is streamlined. Nevertheless, the facility is there to do it and I think that I have made my point, so I will not labour the argument any further. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Tim Farron (Westmorland and Lonsdale) (LD)
It is a continuing pleasure to serve under your guidance this morning, Mr Hollobone.
The amendment moved by the official Opposition gives us something to consider. For someone who represents an area such as Cumbria, where it is always sunny and al fresco dining can therefore happen at any time throughout the year, it is hugely significant. One of the learnings in the development of the pandemic that could have a positive ongoing legacy is the move towards dining and drinking outside, and making better use of the public realm. That is a positive thing.
Let us remember that pubs in particular have never been under more pressure than they are now. We lose many every week, with people losing their livelihood and communities the thing that holds them together. It is deeply troubling to see that happen. We should allow smaller pubs especially to gain the full benefit of anything that they can from the provisions allowing use of the pavement and parts of the highway to expand capacity and therefore increase profit.
I agree, however, that with larger employers and businesses we absolutely need to ensure shared benefit from the development for two reasons. First, we are giving local authorities more responsibilities. Planning departments—we have discussed this throughout the Bill—have an enormous role to play in ensuring that communities have genuine power. If we are devolving power to communities, we have to allow planning departments that work on behalf of those communities the resources—the scope—to be able to enforce their rules. This is an additional responsibility, so we should enable additional finance to go to the planning authorities to make sure that they can uphold the rules, protect the community and ensure that the costs to the local authority, the community and the council tax payer for highways, refuse collection and other things are borne jointly.
Secondly, many people will observe that throughout there has been a disconnect between the interests of the local authority and the business community. The proposed measure would integrate them—the fact that there is joint benefit shows that it is in the interests of the council tax payer and the business rate payer to do the same thing. Organised synergy is almost a consequence of the two amendments, which is why they are important. I hope that the Government will take them seriously.
Dehenna Davison
The thing that is most wonderful about today is that only seven minutes into the Committee’s sitting, we have found some cross-party agreement, which is on the quality and value of a good pub garden. I hope that at some point we can share a pint in one, when the Bill Committee is over.
Clearly, in my last few trips, I have been in Cumbria on those incredibly rare rainy days, but the hon. Member for Westmorland and Lonsdale made a good point that pub and hospitality businesses are under pressure. According to our most recent stats, 73% of hospitality firms have outstanding debt as a result of the pandemic, so at this point we really do not want to put additional undue pressure on businesses.
In developing the proposals to make the streamlined pavement licensing process permanent, we have worked closely with local authorities, business, leaders of the hospitality sector and the community. That is why we are increasing the fee cap from £100. We will take detailed analysis of the actual cost to create a sustainable process, which will cover the cost to local authorities of processing, monitoring and enforcing the powers, while remaining affordable and consistent for businesses around the country. Businesses have seen inflated fees reaching thousands of pounds per application under the previous process.
Local authorities maintain flexibility to set fees at any level under the fee cap, to respond to local circumstances. For example, we have seen some areas make licences completely free in order to support their local high street. At a time of rising costs, we are not seeking to impose additional charges on business, in particular given that the hospitality industry was one of the hardest hit by the pandemic. On that basis, I ask the hon. Member for Nottingham North to withdraw his amendment.
Alex Norris
I am grateful for the contribution of the hon. Member for Westmorland and Lonsdale. His point about joint benefit is a good way to characterise this—we do not envisage a situation in which business and local authorities scrap it out, but take a sharing approach, with the benefit going to local rate payers as well.
I am also grateful for the Minister’s response. She addressed well the point on cost, and we would not want local authorities and therefore rate payers to be out of pocket for the processes, so there should be cost recovery. However, I do not think she has addressed the point on the enhanced value through use of a public asset. As drafted, the amendment is not quite ready for inclusion in the Bill, but I hope that the Minister will reflect further on the point that it makes. We will certainly return to it in due course, but for the moment I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Alex Norris
Under the current provisions of the 2020 Act, the application and consultation process for a pavement licence do not adequately protect the public interest, particularly with regard to having suitable time to engage in a consultation. As it stands, the process is such that the applicant for the licence must immediately display a notice on their premises. The date of the application is the date on which it is sent to the local authority and that display is made. The local authority must then publicise the application for public comment. The public consultation period lasts seven days, starting the day after the application has been made. The Bill amends that to 14 days—that is welcome—but that is the sole change to the process. We think the process could be further improved and my amendments seek to do that.
Amendment 200 delays the date on which the application is deemed to have been made until the local authority issues a receipt. That delays the start of the clock on the public consultation period until the local authority has been able to act and do something about it. Amendment 201 builds on the increase to 14 days and instead increases the period to 28 days, therefore protecting the public with such a period of engagement. As the 2020 Act currently applies, if the local authority fails to publicise the application until a week after receipt, the public have no time to respond. That is assuming that they have not seen the site notice, and we know there is a challenge there. That cannot be right or fair for the public, and is probably reflected in the decision to move to 14 days. However, we still think that is not enough time, especially if we consider that we are often talking about the summertime. We know local authorities already have limited resources. If the appropriate officer is away or unavailable, there might be a delay to that process, when the clock is running down and the public do not know that.
That is worthy of consideration in and of itself, to ensure that the right balance is struck regarding the public interest. I am also interested in the Minister’s views on the following matter. In the 2020 Act, section 3(6) says that there may be circumstances in which the granting of a licence would have unacceptable effects on the use of a highway. That makes sense because, otherwise, why have a process? There are circumstances where the answer might be no. However, at the moment, if the local authority does not act quickly enough, the licence is granted notwithstanding those effects. There is a contradiction there. Can the Minister say whether the Government wish to draw the line at 14 days? Is it clear that there could not be a situation where what ought to be a rejected grant could, through delay, be granted anyway?
Dehenna Davison
I thank the shadow Minister for his clarity on the purpose of his amendments. The pavement licence process that we are seeking to make permanent has been successful over the past few years because it provides a simpler and more streamlined process to gain the licence. We feel that the amendments would place unnecessary new administrative processes on local authorities by requiring a receipt to be sent to all applicants. They also have the potential to create a delay in the process, meaning that licences could take longer to be determined should receipts not be processed within reasonable timescales. We are, however, seeking to double the consultation and determination periods, compared with the temporary process, to ensure that communities have sufficient opportunities to comment on applications.
We have worked closely with stakeholders, including groups representing disabled people, local community groups, businesses and local authorities, in considering the consultation period when making the streamlined pavement licence process permanent. In working with those groups, we have sought to achieve a balance between a quick and streamlined process and ensuring that process is sustainable for the long term and gives communities an opportunity to comment on applications. That is why we are setting the consultation period at 14 days—double that of the temporary process. We feel that the amendments would create a slower process than that which it replaces, adding unnecessary administrative burdens for local authorities.
The shadow Minister is correct that if the local authority does not decide within the 28 days, the licence will be deemed granted, but local authorities still hold control, as they are able to publish conditions in advance that will automatically apply to any deemed licence. That provides an additional layer of protection, so I kindly ask him to withdraw the amendment.
Alex Norris
I beg to move amendment 203, in schedule 17, page 322, line 31, leave out paragraph 7 and insert—
“7 (1) Section 3 of the 2020 Act (determination) is amended as follows.
(2) After subsection (8) insert—
‘(8A) A local authority, in deciding whether to grant a pavement licence under subsection (3), shall have regard to the desirability of maintaining the free flow of pedestrians and other road users along the highway, and the avoidance of inconvenience to such persons.’.”
This amendment would confer discretion on a local authority to have regard to the needs of road users in deciding whether to grant a pavement licence.
As I said in the previous debate, under the 2020 Act the local authority can refuse to grant licences that prevent traffic from passing along the highway or that inhibit the passage of, say, mobility scooters. However, the Act is not clear—I want to test the Minister’s views on this—about whether a local authority can refuse a licence that inhibits or unduly influences the free flow of people or their enjoyment of the public amenity. For example, what if an authority believed that the use of the licence would substantially interfere with the free flow of pedestrians or cycles at a peak time or deprive people of the use of street facilities such as benches? If residents living nearby, or in flats above shops, would be disturbed by the use of the licence above and beyond what we would normally expect under the alcohol licensing process, would an authority be able to refuse the licence on that ground alone? The Government’s guidance states that
“1500mm clear space should be regarded as the minimum acceptable distance between the obstacle and the edge of the footway”,
but 1.5 metres is not a particularly generous allowance in a shopping street. Would the Minister be comfortable with a local authority seeking more than that?
The amendment proposes a solution to the examples I have listed. It proposes that an authority should be able to refuse a licence if the use of it would interfere with pedestrian flow—for example, if it would leave the pavement so narrow that pedestrians might feel they had to step into the carriageway to pass each other, which obviously is not very desirable. I am keen to test the Minister’s views on that, and to get on record the level of flexibility that local authorities have to balance the enjoyment of the amenity across various, possibly competing, interests.
Dehenna Davison
I thank the shadow Minister for raising an important issue that local authorities must consider when determining applications, which is the continuing flow of pedestrians and other road users on the highway. The Business and Planning Act 2020 already requires that local authorities take that into consideration when determining applications through section 3(6), and it prevents licences from being granted where they would prevent pedestrians or other non-vehicular traffic from entering or passing along the highway or having normal access to premises adjoining the highway.
Ensuring that pavements remain accessible to everyone, including disabled people, is a condition of the temporary pavement licences issued by councils. Where that condition is not met, licences can be revoked. To provide some reassurance, we have worked with the Royal National Institute of Blind People and the Guide Dogs for the Blind Association to refine the guidance to ensure that local authorities consider the needs of people who are blind when setting conditions and making these decisions.
We have carefully considered the issue of minimum distances, which the shadow Minister raised, and we judge that we should leave some room for reasonable local discretion, given the different physical environments involved. However, we have made it clear that 1.5 metres will be the minimum acceptable width in most circumstances. We therefore resist the amendment on the basis that the existing legislative framework already requires local authorities to consider these issues, and they cannot grant a licence if pedestrians are prevented from using the highway as they usually would. I therefore kindly urge the shadow Minister to withdraw his amendment.
Alex Norris
I am grateful for that answer. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Alex Norris
I beg to move amendment 202, in schedule 17, page 322, line 32, leave out “14” and insert “28”.
This amendment would allow a local authority 28 days to determine the application, instead of 14.
If this feels a bit like a replay of the debate on amendments 200 and 201, I assure colleagues that it is slightly different—they might just have to squint to see that.
At the moment, the Bill retains the stringent regime whereby a local authority must determine an application for a pavement licence within a fixed period. Formerly, that period was seven days; it will now be 14 days. If the local authority fails to do so, the application is deemed to have been granted. Labour wanted to extend the period for consultation purposes, but we have not succeeded. I want to test the point of potentially amending it to give the local authority
“28 days to determine…instead of 14”,
as it says in amendment 202.
We remember well the quick passage of legislation during the early knockings of the pandemic. As the Minister said, the industry was struggling and we needed to support it, and quick action was integral to that. The times for consultation and determination in the 2020 Act reflected that, but now that we do not have such time pressures, it is reasonable to expect a little more time for determination, not least because local authorities are hard-pressed. They will probably have only a single person, not teams of people, working on these applications.
The two-week period would not align with most applications people might make to their local authorities. For example, it would certainly not align with an alcohol licence—ordinarily, that would not be determined in 14 days, and it definitely would not be deemed to be granted if the clock had run out. Labour feels that having a little more time—28 days, rather than that two-week period—would give space for creative solutions in line with those the Minister set out in the previous debate and would ensure a fair balance between the business, the public and the local authority.
Dehenna Davison
We have worked closely with stakeholders, including groups representing disabled people, local community groups, businesses and local authorities, in considering the determination period when making the streamlined pavement licence process permanent. In working with those groups, we have sought to achieve a balance between a quick and streamlined process and ensuring that the process is sustainable for the long term and gives local authorities sufficient time to consider any issues and determine the application. That is why we are setting the determination period at 14 days—double that of the temporary process.
I refer the shadow Minister to comments I made on the previous amendment. Local authorities can publish conditions in advance, which will automatically apply to any deemed licence. However, even if a licence is granted, local communities will still be able to contact local authorities about any concerns they have, and authorities will have enforcement powers to tackle any issues raised. We deem that the period is lengthy enough, but local authorities will of course continue to have those enforcement powers should any issues arise. We fear that the amendment would create a slower process than that which it replaces. I therefore urge the shadow Minister to withdraw it.
Alex Norris
It absolutely would create a slower process, but that was the intention. I will not press it to a Division, but I hope the Minister will reflect on the fact that it seems considerably out of kilter with other decisions of this nature that are made for licences and permits. I cannot think of another that would be as quick as 14 days, with a deemed acceptance if the clock runs out. In those others cases—say, for a parking permit or an alcohol licence—there is good reason to have a little time for reflection, and I think those reasons probably apply here.
This is perhaps not a point to labour any further today, but I hope the Minister will keep thinking about it. We could be in danger of being just a little too streamlined. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Alex Norris
I beg to move amendment 206, in schedule 17, page 323, line 5, at end insert—
“(8A) (1) Section 5 of the 2020 Act (conditions), is amended as follows.
(2) After subsection (7) insert—
‘(7A) The conditions to which a licence granted by a local authority may be subject include—
(a) a condition that any furniture which may be placed on the highway under the licence must be removed from the highway at times when the premises are not open to the public;
(b) a condition that, where the furniture to be put on the relevant highway consists of seating for use by persons for the purpose of consuming food or drink, the licence-holder must ensure that smoking or vaping does not affect others.’.
(3) After subsection (8) insert—
‘(9) But regulations under subsection (8) must not prevent a local authority imposing a condition, nor affect a condition imposed by a local authority for the purposes of subsection (7A)(b).’”
This amendment would allow a local authority to require that furniture is removed from the highway when it is not in use, as well as imposing a condition to require the licensee to prevent smoke-drift affecting those in the vicinity.
Me again. Sections 5(4) to (6) of the 2020 Act cover the imposition in a licence of a “no-obstruction condition” and a “smoke-free seating condition”. These conditions require the licensee to avoid the effects specified in section 3(6), including
“preventing traffic, other than vehicular traffic, from…passing along the relevant highway”
and to make reasonable provision for seating where no smoking is permitted. The Bill does not affect these requirements, which the Opposition support. However, we might want to tighten up these provisions to ensure they have the desired effect.
Local authorities are already required to impose a smoke-free seating condition to ensure that reasonable provision is made to accommodate non-smokers. A smoke-free seating condition, however, does not give the public, people using the highway or neighbouring premises, or people living above the premises explicit protection to ensure that their enjoyment of the amenity is not affected by people smoking. Smokers are more likely to go to outdoor tables because they cannot smoke inside, and that can throw down a gauntlet, in that the public have to run through a cloud of smoke.
Amendment 206 would expressly enable local authorities not just to lay down conditions about smoke-free seating, but to require in those conditions that the licensed area should not affect passers-by, neighbouring shops or homes. If, for example, there are flats above a café, a condition could require steps to avoid the occupiers being affected by smoke drift. We are seeking a balance, so that people using a highway can do so peacefully and with the full enjoyment of the amenity. I hope the Minister will say that local authorities can already do that, but if that is not the case and if this amendment is not the right answer—though I think the principle is likely one that is shared—how do local authorities ensure that balance for people?
Dehenna Davison
I thank the shadow Minister for his dedication on this point. Pavement licences may be granted subject to any condition that the local authority considers reasonable, as set out in section 5(1) of the Business and Planning Act 2020. We are aware anecdotally of conditions that would, for instance, require licensed furniture to be removed when not in use and that go further than our national smoke-free condition.
We are all about empowering local areas and relying on local leadership. That is why we consider that local authorities have the local knowledge and appropriate powers to impose such conditions, should they consider that necessary. A number of local authorities have already implemented local smoking ban conditions for outdoor seating, including the City of Manchester, Newcastle and North Tyneside, so it is clear that local conditions can be implemented where it is appropriate and desired. On that basis, we do not think it is necessary or appropriate to create national conditions, and there are circumstances where it may not be necessary or appropriate on a local level. I would therefore ask the shadow Minister to withdraw his amendment.
Alex Norris
I am grateful for that very clear answer. There are areas where this is still a point of debate. I think the Minister’s answer alone will resolve that. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Dehenna Davison
The Government recognise the importance of having a system that can be properly enforced to deter and tackle the unauthorised placement of furniture. Powers introduced in the Bill enable local authorities to serve notice requiring that businesses remove furniture that has been placed on the pavement without a licence. If that notice is contravened, local authorities can remove furniture themselves or issue an instruction to have it removed, and can then recover the costs of that and go on to sell the furniture and retain the profits.
The Government’s position is that the introduction of the powers proposed will lead to appropriate protection of our communities by giving local authorities powers that work as a deterrent and to directly tackle issues where notices are ignored, ensuring that the licensing system operates appropriately. Ultimately, local authorities will still have the power to revoke a licence.
It is also important to note that highways authorities already have powers in the Highways Act 1980 to tackle obstructions on the highway. That includes section 148, which creates an offence of depositing, without lawful authority or excuse, things that cause interruption to users of the highway.
The shadow Minister mentioned some of the groups that he has worked with, and I would be delighted to sit down with him to discuss their response. However, at this stage, I ask him to withdraw the amendment.
Alex Norris
I am grateful for that. It is of note that those who know of what they speak in this area, particularly on a day-to-day basis, feel the way they do. However, the Minister’s offer is a good one and I will take her up on it. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Schedule 17 agreed to.
Clause 185
Historic environment records
Rachael Maskell (York Central) (Lab/Co-op)
I beg to move amendment 130, in clause 185, page 190, line 2, leave out “an historic environment record” and insert
“or have access to an historic environment record and adequate specialist advisory capacity”
This amendment is intended to ensure that all current models for service provision of HERs are covered by the provisions of Clause 185 and that HERs have access to specialist archaeologists and conservation officers.
It is a pleasure to serve with you in the Chair, Mr Hollobone. We are making good progress. Although the provision in the legislation on historic environment records is good in itself, it simply does not go far enough. My amendment calls for specialist archaeologists and conservation officers to be engaged in the planning process to a greater degree.
Historic environment records extensively map the physically accessible historic environment and archaeological areas. However, they do not come with a voice, a brain or context. The amendment, which is supported by those who work in the field, recognises the unique importance of specialist archaeologists and conservation officers in the process and the need to draw on their skills and expertise to advance the understanding of a site, which often is missed when just looking at historic records.
Although HERs are an important starting point, it is about the interpretation of the relevance of a site and using that specialist knowledge combined with the records that makes a significant impact on the site and makes it significant. Eighty areas in England are covered by HERs; two thirds of records are held online and are accessible via local authorities. An archaeologist can interpret the HER data, bringing it to life, placing it into context and giving the site relevance, weighing the possibilities and asking the challenging questions about that site: why is it there? What is it about? How does it impact on us, past and present?
I use York as an example of the discoveries made, because there have been so many incredibly significant finds in the city that have led to further exploration and understanding of the context of our history. Ensuring that we engage specialist archaeologists and conservation officers extends the understanding of our past and the influences on us. In York there have been so many finds on the Coppergate site. People think about the Jorvik centre, but behind that is the understanding of our city as an international place of trade, and what that meant then and today for diversity in our country and where we all come from. Those issues are so important in the archaeological context, but we would not get that from an HER. That is why it is so important to extend the legislation to ensure that we have those minds and that knowledge applied to the records, to ensure that there is significance.
I think about the Richard III finding in Leicester. Had the minds not been there, that site could have so quickly been missed. Yet the discovery of Richard III has given a huge economic opportunity for that city, not least from tourism. It is important that the skills that we have educated people in, which they have applied in their science and their art, can be brought into the process. That will ensure that we have the specialist archaeological and conservation officers’ engagement with the historic environment records, which will give real value to this process and ensure that we are not just looking at a paper exercise, but using the science and arts of archaeology and conservation to ensure the value of that site and build it into the identity of the community.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
It is a pleasure to serve under your chairmanship, Mr Hollobone. I am grateful to the hon. Member for York Central for introducing this amendment. We agree that historic environment records are an important source of information about the historic environment of any given area, especially its archaeology. I defer to the hon. Member for York Central in terms of her knowledge of the history, particularly in her area. HERs can help the public learn more about where they live and ensure that local plans and planning decisions are informed by an understanding of an area’s history. I am glad that the hon. Lady and others have broadly welcomed clause 185 and the fact that we are putting historic environment records on a statutory footing for the first time. I know that the heritage sector has warmly welcomed that as well.
I completely understand the sentiment behind the hon. Lady’s amendment. The first philosophical question we have to deal with is not whether this is a good thing in principle, but whether it is necessary to have it in primary legislation. My gentle challenge to the hon. Lady—and the reason that in a moment I will ask her to withdraw her amendment—is that I am not convinced this necessarily needs to be put forward in primary legislation in this instance, given what I am about to outline and the fact that there will be other opportunities for her to make her case and for the Government to consider what is possible.
Furthermore, though I understand the intent behind the amendment, we are concerned that the wording may potentially water down some of the statutory duties of local authorities, if it is looked at in certain ways. It may also be inconsistent with the current drafting of subsections (4) and (5), which provides for how the duty should be discharged by a local authority. I know that is not the intention of the hon. Lady, but it is something that has been raised by officials in discussion and appropriate assessment of this. Consequently, I will ask the hon. Lady if she would be minded to withdraw her amendment. She may be aware that we intend to publish accompanying guidance alongside the intention of putting HERs on a statutory footing. That will give some clearer views about how those records can be maintained. If she is willing, we will be happy to receive more detail about her concerns, and I will ask that officials give those concerns complete consideration when we are creating that guidance. I hope that some of the understandable concerns she has outlined today can be assuaged through that process. Therefore I will ask the hon. Member if she is content to withdraw her amendment.
Rachael Maskell
I welcome the Minister to his place. I take the challenge straight on. First, I reiterate the point that records themselves do not have application—they are presented in the way they are but they do not have a voice, they do not have context and understanding and they certainly do not have a brain, though they are written by those who do. Of course, archaeology is about a process and a journey; it is not static, but is moving the whole time. Therefore that context is really important to engage with.
I issue a challenge back to the Minster on the matter of watering down the role of local authorities. We all have a huge responsibility to preserve our heritage, understand our history and ensure that we are using the science of that. I know that archaeologists know more about science than we do, but we draw on the opportunities that that presents, which takes us into a stronger future as well as having commercial benefits. However, I am heartened to hear that there will be guidance that looks specifically at HERs and their application. I hope that when drafting the guidance the Minister ensures that specialist archaeologist resources are drawn on, as well as that of conservation officers, so that the maximum opportunity can be derived from looking at the historical context within the planning system. I will closely examine that guidance. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Lee Rowley
I will not detain the Committee for long. Historic environment records are, as we have just discussed, an information service that provides access to comprehensive and dynamic historic environment resources. They relate, as the hon. Member for York Central indicated, to a defined geographical area, for public benefit and use. They are important sources of information for plan makers and applicants, as well as for the public and other Government bodies. We seek to put them on a statutory basis in order to provide clarity for the sector and those who wish to use the records. The clause will make it a statutory requirement that all local authorities maintain a historic environment record, which must be kept up to date, be maintained to an agreed standard, contain specified information as a minimum, and be publicly accessible.
Question put and agreed to.
Clause 185 accordingly ordered to stand part of the Bill.
Clause 186
Review of governance etc of RICS
Question proposed, That the clause stand part of the Bill.
Lee Rowley
The clause enables the Secretary of State to commission, from time to time, reviews of the Royal Institution of Chartered Surveyors. RICS, as many hon. Members will know, is the leading professional body for surveyors. Its members work across the UK, and RICS plays a vital role in these sectors. The guidance RICS publishes is valued by surveyors, industry and members of the public. The clause will enable reviews into RICS’s governance and its effectiveness in meeting its objectives. The clause does not prescribe the frequency of reviews, but gives the Secretary of State the necessary power and flexibility to further specify the scope and timing of any review that is required.
The Government do not envisage enacting a review of RICS on a regular or specified basis, so long as RICS demonstrates its effectiveness and is reviewing its own performance to the satisfaction of Government and Parliament, but should a review be required the clause sets out that the person the Secretary of State appoints to carry out the review must be independent of both the Secretary of State and RICS. The reviewer must submit a written report setting out the results and any recommendations of the review to the Secretary of State, who will publish a copy of the report. The clause does not include powers for the Secretary of State to act on any such findings or recommendations; they would need the explicit approval of Parliament. That will ensure that the Government have the ability in law to review whether RICS is performing in the public interest, and I commend the clause to the Committee.
Matthew Pennycook (Greenwich and Woolwich) (Lab)
It is a pleasure to serve with you in the Chair, Mr Hollobone. I thank the Minister for that explanation of the purpose of the clause, but he will be aware that the Royal Institution of Chartered Surveyors has expressed deep concerns about its precise wording, not least in terms of the precedent that it would set in relation to Government interference in other royal chartered bodies.
The issue is not the need for RICS to undergo periodic reviews of its governance and performance. Following the September 2021 publication of the Levitt report into the events that took place within the institution in 2018 and 2019, and the subsequent independent review undertaken by Lord Bichard, which examined its purpose, governance and strategy, RICS’s governing council accepted that regular independent reviews should take place, with their findings laid before Parliament and the devolved nations. The case for periodic independent reviews is therefore uncontested.
From what the Minister said, I think what remains the point of contention is whether the Secretary of State should be given the power to commission reviews of RICS, the scope and frequency of which are not clearly defined in the Bill, or whether the clause should be revised to reflect the commitments made by the institution in the light of Lord Bichard’s independent review. Given the serious concerns expressed by RICS, I will probe the Minister further on the Government’s rationale for the clause’s wording. Can he set out more clearly why, given that RICS’s governing council has made it clear that it accepts recommendation 14 of Lord Bichard’s review in full and will implement it subject to Privy Council approval, the Government believe that they still need to legislate to ensure that the Secretary of State can initiate reviews of RICS whenever they choose, as well as determine their scope?
Can the Minister also outline how such periodic reviews initiated by the Secretary of State using the powers in the clause would differ, if at all, from the parameters of independent reviews as outlined in paragraph 3.22 of Lord Bichard’s review, and accepted in principle by RICS? Can he reassure the Committee that the Government have given serious consideration to the potential impact of approving this clause unamended on not only RICS’s independence and ability to act in the public interest but the status of royal chartered bodies more widely?
As I say, we have no issue with the clause in principle, and we do not suggest that it should be removed from the Bill entirely; there is clearly a need to act to ensure that RICS is subject to regular independent review. However, we want the Government to properly justify the inclusion of the clause as worded in the Bill, rather than amending it to reflect developments following the publication of Lord Bichard’s review. I look forward to hearing the Minister’s response.
Lee Rowley
I am grateful to the hon. Member for his questions, which are entirely reasonable and on which I hope to provide some assurance. First, he asked why the Government are asking for this power, given that the Bichard review has outlined a process to resolve the current situation. The view of the Government and of previous Ministers who instigated this was that a process was likely to be under way, but equally there is value in the Secretary of State having this power, should it ever be necessary in the future, which obviously we hope it would not, and we have indicated that it would be used extremely sparingly. The principle of having the ability to instigate a review is one that the Government believe is reasonable and proportionate.
Secondly, the hon. Gentleman asked how the terms of reference would differ from an independent review. That question would have to be asked in individual circumstances, so I hope he will accept that it is a difficult one to answer. However, I understand the sentiments behind the point he makes.
Finally, the hon. Gentleman asked whether the Government have given serious consideration to the impact of this approach on the ability of RICS and other bodies to operate. I am happy to confirm that the Government and I will engage in discussion with RICS about this in the coming weeks before further stages of the Bill, and I will be keen to discuss with RICS all elements of the Bill, to understand its concerns and to see what reassurances I can provide.
Question put and agreed to.
Clause 186 accordingly ordered to stand part of the Bill.
Clause 187
Vagrancy and begging
Question proposed, That the clause stand part of the Bill.
Dehenna Davison
We recognise that this is an issue on which there is a great deal of passion and heart. The Government agreed that the Vagrancy Act 1824 was antiquated and not fit for purpose. That is why we committed to repeal the Act once an appropriate and modern replacement was in place. I pay tribute to those who have campaigned so passionately on this issue, such as my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken).
It is important that we balance our role in providing essential support for the most vulnerable with ensuring that the police and other agencies can protect communities, while embedding rehabilitation and support at the heart of our approach. We launched a public consultation to seek views and inform any replacement for the Vagrancy Act. This placeholder clause will allow Government to introduce appropriate legislation once the results of the public consultation have been analysed.
In the meantime, the Government have made the unprecedented commitment to end rough sleeping within this Parliament. We remain steadfastly committed to that goal. By autumn last year, rough sleeping levels were at an eight-year low, having reduced by 49% since 2017. In September we published a bold new rough sleeping strategy, backed by £2 billion of public money, which sets out how we will end rough sleeping for good. I commend the clause to the Committee.
Rachael Maskell
I, too, rise in disgust at the piece of legislation before us today, and I urge the Government to think again. It is an insult not only to Parliament, which strongly voted to abolish the Vagrancy Act 1824 just this year, but to those incredibly vulnerable people who find themselves on our streets, for whatever reason. It is not for us to judge them; we should provide support and pathways for people out of that situation.
Yesterday at the Dispatch Box, the new Chancellor announced a new era of compassionate Conservatism. Today, we have this legislation before us, which is anything but. It is about othering people—the most vulnerable people in our society. It is about calling them out, and using despicable language to describe them: “vagabonds” and “rogues”. These people are incredibly troubled. Today, language has moved on. We recognise that people who have serious mental health problems or addictions need support. We recognise people who simply do not have the money to survive in our society. That population is growing. There are three people officially registered as on the streets in York, yet when I went out the other morning, there were 23 people sleeping rough.
This is not just about people who are sleeping rough. Many people who are living in hostel accommodation, sofa surfing, and so on find themselves begging on the street. Many people I talk to—and this is where the Government must engage with the community—simply find applying for social security too complicated. They are fed up of being rejected by the complex process of getting access to the public money to which they are entitled. They therefore turn to begging as a mechanism by which to survive, feed themselves and get through the day or night. Many people have multiple challenges pressing down on them, including financial debt and other things that they owe.
To put into legislation once again, having just repealed them, measures that criminalise people who are trying to find their pathway through life—trying to survive—is an abomination. It is completely unacceptable to criminalise those individuals. This measure is not just about civil penalties; it is about the criminalisation of the most vulnerable people. Any compassionate Government would reach out and recognise their duty, and would recognise their blame and responsibility for allowing people to fall into that state. The language used is horrific. It is a horrific piece of legislation. I urge the Government to U-turn on it, and will praise them for it if they do. It is prejudicial and insulting, and it is certainly not beign done in my name, or in the name of my hon. Friends who are signed up to the amendment, which is significant.
Although the Conservative party is desperately trying to rebrand itself, deep down the roots of prejudice seem to continue to exist. If this Government spent time with those vulnerable people across our society, and understood their pathways and stories, they would not write such appalling pieces of legislation. It is not for any of us to judge those individuals, or to place our prejudices on them. It is for us to provide support and pathways out, so that they have the future that we have been afforded, and the opportunities we have had the privilege of having. We need to enable people to have that fresh start, however many attempts it takes. We need restitution and opportunity, not blame and criminalisation of the most vulnerable people in our communities. It is therefore disgraceful to see this measure before us, and I trust that the Minister will withdraw the clause.
Dehenna Davison
The hon. Lady made a very good point when she said that it is for us not to judge, but to provide support and pathways, and the Government are absolutely committed to that. I have already outlined the rough sleeping strategy, which was announced just a few weeks ago.
I want to reassure the Committee that the Government are absolutely committed—we have repeatedly been clear about this—to not criminalising anybody simply for having nowhere to live. The intent of any replacement legislation will not be to criminalise people for being homeless. I want to put that point very firmly on the record.
On our support for rough sleepers, we want to ensure that rough sleeping is ended in a way that is sustainable in the long term. That means preventing people from needing to sleep rough where possible and, where rough sleeping does occur, ensuring that those spells are rare, brief and non-recurring. We recently published our strategy, which is backed by more than £2 billion of funding over the next three years. As part of that, we announced the new £200 million single homelessness accommodation programme, which aims to provide up to 2,400 supported homes for rough sleepers by March 2025, and £500 million to provide 14,000 beds for rough sleepers and 3,000 staff to provide tailored support across England. That support is absolutely crucial in ensuring that those who are homeless can get back on their feet. The support includes helping individuals to find work, manage their finances and access mental and physical health services. We will fully enforce the landmark Homelessness Reduction Act 2017, which we believe is the most ambitious reform to homelessness legislation in decades.
Mrs Emma Lewell-Buck (South Shields) (Lab)
The Minister is asking us to have faith that the Government do not want to criminalise rough sleeping, but is asking us to approve a clause that will allow them to do just that. We are not debating what the Government are doing on rough sleeping; we are debating this legislation.
Dehenna Davison
That is why I made the point about the consultation we are running. We want to make sure that we get this right, which is why we sought views on this issue in a public consultation that closed in May. Analysis of those responses is ongoing and will form the backbone of our response to any new legislation. The measure is a placeholder until we can bring something forward. I recognise that it is not an ideal situation, but that is where we are.
Matthew Pennycook
I want to challenge the Minister on that point. If I heard her correctly, I think she said that the intention behind the clause is not to recriminalise homelessness.
Matthew Pennycook
Can she explain why subsection (2) allows regulations to include provision to create criminal offences, in similar ways to sections 3 and 4 of the Vagrancy Act 1824, which the House voted to repeal? It effectively will allow for the recriminalisation of homelessness. I think she is wrong on that point, but if she could provide further clarification, I would appreciate it.
Dehenna Davison
As I outlined, this is a placeholder, and we are analysing the consultation responses. The commitment I have given is that no criminalisation will result from the fact that someone is homeless. I want to put that point on the record incredibly strongly.
I cannot pre-empt the outcome of the consultation, but I have spoken to the Minister with responsibility for rough sleeping, who has committed to writing to Committee members to outline the next steps. As I say, this issue does not usually sit within my brief, but we are limited by the number of Ministers we can have in Committee today. Hopefully, that Minister will be able to provide additional reassurance.
Rachael Maskell
This measure was not brought forward in the Police, Crime, Sentencing and Courts Bill, so we have had a period in which the Government have not had the opportunity to criminalise people for being homeless or begging on our streets. Nothing has changed since Parliament as a whole gave the Government a clear indication that it wanted to see off a 200-year-old piece of legislation, yet today, Government are trying to resurrect the opportunity to criminalise people.
The Minister says that there is no need for the measure, but it is hardwired into the legislation. It is the text of the statute, not what the Minister says, that decides what the Government have the capacity to do. The clause is completely unnecessary, yet the Government push it before us. Will the Minister explain the context of having such measures written into the Bill? We have not had them for the past six months; indeed, she says, while still analysing her consultation, that we will not need them moving forward. The measure is seen as a draconian move, and should be taken out of law.
Dehenna Davison
I genuinely thank the hon. Member for her passion on this issue, which is prevalent in the City of York, and she has campaigned on it well and strongly in recent years. The best thing that I can do is ask the Minister with responsibility for homelessness to write to her directly. Indeed, he has committed to writing to all Committee members to set out the next step. I hope that he can provide some reassurance. However, at this stage, I ask that the clause remain part of the Bill.
Question put and agreed to.
Clause 187 accordingly ordered to stand part of the Bill.
Clause 188
Data protection
Question proposed, That the clause stand part of the Bill.
Lee Rowley
The clause stipulates that any duty or power in the Bill, or provision made under the Bill, to disclose or use information must be in accordance with data protection legislation. This is subject to an exception, which I will come to, that provides for “data protection legislation” to be interpreted in line with the definition in section 3 of the Data Protection Act 2018. This is a standard provision to make it clear that relevant provisions in the Bill are subject to data protection legislation. As was discussed in the debate on the planning data clauses, the Government are clear that nothing in the Bill should jeopardise the proper protection of data.
Hon. Members will note the exception from the clause: they will immediately recall that clause 77, which is part of our digital powers, will enable the open publication of prescribed planning information to anyone for free. Clause 77(2) ensures that planning authorities cannot publish planning data that is otherwise restricted in law, including under the DPA. The exclusion in clause 188 preserves that position. There is therefore no intention to allow our digital powers to operate outside the framework of data protection legislation.
Clause 189 provides that the Bill will bind the Crown, except where it amends legislation that does not bind the Crown. There are two exceptions to that: part 8 does not apply to the Crown in relation to land that is Crown land for the purposes of part 13 of the Town and Country Planning Act 1990; and part 9 does not apply in relation to land belonging to His Majesty in right of his private estates.
Clause 190 is a technical provision that sets out the abbreviations used throughout the Bill in order to ensure that the abbreviations used are clear and consistent. Finally, clause 191 provides a power to make consequential provision, which includes the power to amend primary legislation to ensure that the statute book remains coherent and legally operative as a result of the provisions made in or under the Bill through regulations. It confers no power to make policy changes.
Question put and agreed to.
Clause 188 accordingly ordered to stand part of the Bill.
Clauses 189 to 191 ordered to stand part of the Bill.
Clause 192
Regulations
Lee Rowley
I beg to move amendment 77, in clause 192, page 195, line 7, at end insert “(fa) under Part 8;”.
This amendment corrects a drafting omission by applying the negative procedure to regulations under Part 8 (unless they amend primary legislation, in which case the affirmative procedure will apply under the existing drafting of the clause).
The amendment relates to the high streets rental auctions measures in part 8 of the Bill and seeks to correct a drafting omission. Clause 192 prescribes the parliamentary process applicable to the regulation-making powers of the Secretary of State. Under the existing drafting, the affirmative procedure applies to regulations made under clause 176, or where they amend primary legislation, which is the case for regulations made under clauses 152 and 160.
Lee Rowley
This series of clauses covers a number of technical matters in the Bill. Hon. Members will have noted the number of delegated powers taken by the Bill. Clause 192 deals in particular with the parliamentary procedure to be followed in making certain of those regulations. It also allows those regulations, for example, to deal with incidental or transitional matters arising from them. It is a standard provision found in legislation, and allows us to protect against unintended disruption of the legal position.
The Committee has already debated specific delegated powers in the substantive clauses. My predecessors and colleagues have already committed to consulting on various regulations to be made under powers in the Bill. That will ensure that the public and sector stakeholders are brought into the detailed design of the new policies that the Bill will introduce. The delegated powers memorandum published alongside the Bill sets out the Government’s view on the necessity of the powers, and the approach to scrutiny as a result.
Clause 193 authorises the spending of money for the purposes of this Bill. It is a standard provision included in Bills that incur costs on the public purse. Hon. Members will note that clause 194 sets out the territorial extent of the provisions in the Bill and whether each part of the Bill extends to England and Wales, Scotland and Northern Ireland. The devolution position has been debated in relation to each part during the discussion of that part. As a consequence, I commend the clauses to the Committee.
Question put and agreed to.
Clause 192, as amended, accordingly ordered to stand part of the Bill.
Clauses 193 and 194 ordered to stand part of the Bill.
Clause 195
Commencement and transitional provision
Lee Rowley
I beg to move amendment 197, in clause 195, page 197, line 1, after “sections 107” insert
“, (Power to shorten deadline for examination of development consent order applications)”.
This amendment provides that the clause inserted by NC60 will come into force two months after the Bill is given Royal Assent.
The Chair
With this it will be convenient to discuss Government new clause 60—Power to shorten deadline for examination of development consent order applications.
Lee Rowley
The Government and the country need to ensure that world-class sustainable infrastructure can be consented to, vitally, in a manner that can support our ambitions for economic growth. To achieve that, we must have a robust planning system that is able to accelerate infrastructure delivery and to meet the forecast demands and complexity of projects coming forward in order to attract strong investment in infrastructure. Through these changes, the planning system can continue to lead in its approach to supporting the delivery of nationally significant infrastructure, which incentivises investment and makes it quicker to deliver that infrastructure.
The Government have an ambition in the national infrastructure strategy for some development consent applications entering the system from September next year to go through the process up to 50% faster from the start of pre-application to decision, but to achieve that a national infrastructure planning reform programme was established to refresh how the nationally significant infrastructure project works and to make it more effective and deliver better and faster outcomes. New clause 60, as a consequence, will amend the part of the existing NSIP process that concerns the examination of a development consent order application. Under existing legislation, the relevant Secretary of State can set an extended deadline for the examination of an application for development consent, but there is no corresponding legislative power to enable the same Secretary of State to set a shorter deadline for such an examination.
Our measure will rectify that, providing the means for the Secretary of State to set a shorter examination period for projects that meet quality standards as part of wider NSIP reform and the fast-track consenting route that we plan to put in place, as set out in the energy security strategy. The mechanisms and criteria that could trigger the exercise of that power by the Secretary of State will be set out in supporting guidance and we will commit to consulting on that in due course. I commend these measures to the Committee.
Matthew Pennycook
We have serious concerns about the potential implications of Government new clause 60, which, as the Minister has made clear, will provide the Secretary of State with the power to impose a shorter statutory timeframe for the examination stage of some NSIP applications.
In the policy note entitled “Improving performance of the NSIP planning process and supporting local authorities”, which was published in August to accompany the tabling of the Government new clause, the rationale cited for its introduction is specifically the need significantly to reduce the time it takes to gain consent for offshore wind projects in order to realise the commitment set out in the British energy security strategy. That objective is entirely laudable, but while we support efforts to improve the overall performance of the DCO system—a reform, after all, introduced by the last Labour Government to expedite decisions on large-scale infrastructure projects—the Government have not provided any convincing evidence that the length of the DCO examination stage is the reason why project consents can take too long to secure.
As the Minister will know, the DCO system already specifies a fixed timeframe of nine months for the planning inspectorate to make a final decision, with only six of those months being allocated to the examination stage. The Minister might have some convincing evidence that he can share with the Committee to explain why the six-month examination process is the reason why the Government believe that offshore wind projects are taking up to four years to gain consent, but we are not aware of any such evidence that has been published.
Allowing an appropriate time for a DCO examination is important not only because that enables inspectors to gather and analyse all the available evidence and the social and environmental impacts of projects properly to be interrogated, but because it is the part of the statutory process in which communities have a say over developments that are often likely to have a significant impact on their lives. If the Government want to hand themselves the power to curtail the timeframe in which that important part of the DCO process takes place, we feel strongly that they need to bring forward the evidence to justify such a measure, and they have not done so yet.
However, beyond that in-principle concern over reducing the time available for the public to engage with a detailed process, there is a further reason why we are concerned about the possible implications of the Government new clause, which is that its scope is not limited simply to offshore wind projects. Instead, the powers provided to the Secretary of State by the measure will seemingly apply to all DCO applications and any large-scale infrastructure project that meets as-yet-to-be-specified qualifying criteria.
To take a topical example, the powers could be applied to schemes for hydraulically fractured shale gas production, which I know is of deep concern to the new housing Minister and other Government Members. With the Government having abandoned their manifesto commitment by signalling the end of the fracking moratorium and with UK onshore oil and gas already gearing up to convince Ministers to designate fracking projects as nationally significant, the obvious concern about Government new clause 60 is that the Government will use it to facilitate fracking applications with only the most limited opportunity for local communities to have their say on them. That concern is made more acute by the fact that Ministers have so far failed to provide any detail on precisely how it will be determined that local consent for fracking schemes exists.
Given the serious nature of those concerns, I would be grateful if the Minister answered the following questions. First, what evidence do the Government have that the examination phase of the DCO process is unduly holding up consent for offshore wind and other large-scale renewable energy projects? Secondly, given that the new clause allows the Secretary of State to set an unspecified date for a deadline below the current six-month timeframe for DCO examinations, can the Minister give us a sense of how much shorter the Government believe the examination stage should be under the proposed fast-tracked DCO application process? Thirdly, when will the Government tell us what the qualifying criteria will be for large-scale infrastructure projects subject to shorter examination stage timeframes via this route? Lastly, do the Government intend to designate schemes for hydraulically fractured shale gas production as “nationally significant” and bring them within the purview of this new fast-tracked DCO process—yes or no? I look forward to hearing from the Minister and to returning no doubt to this matter as we consider the Bill further.
Lee Rowley
I am grateful to the hon. Gentleman for his questions. Again, they are entirely reasonable and I will answer as many of them as I can. We recognise that this is a change to the approach, but it is a change that comes directly from a recognition, which I hope we all share, that where there is a desire to move quicker on important infrastructure for this country that we are able to do that. We have an in-principle ability to extend this process, which has been in place for a number of years, and—although I do not know the history—presumably ever since the Labour party started this process a number of years ago, as the hon. Gentleman indicated. Given that, it is not necessarily conceptually problematic that we have the ability to vary that in the other direction, while accepting the understandable challenge of ensuring that there are appropriate reassurances within the process that mean that it will be used in a reasonable and proportionate manner.
While I understand the hon. Gentleman’s point about the evidence base and working through all the detail and ensuring that it is reasonable and proportionate, we are trying to establish the principle that while there is already an ability to vary this timeline in one direction, we can also vary it in another direction. In that narrow sense of what we are trying to achieve, that is a reasonable thing to do. I will try to answer the hon. Gentleman’s questions as directly as I can. On evidence, I am happy to have a further discussion with him—either verbally or in writing, whatever his preference—going through why the Government think this is reasonable and proportionate. This is all part of a broader attempt to improve this in aggregate, and I hope that the Opposition will accept that pulling multiple levers to try to secure incremental improvements in all parts of the process is a laudable aim to pursue.
On the hon. Gentleman’s specific questions on the length of time the stage should take and the qualifying criteria, that can be dealt with in guidance. I will ensure that the officials have heard his concerns and I hope we can deal with them at the guidance stage. In addition, because we have given a commitment to consult, there will be an opportunity for that. We have an interest in providing that information in the detail that is sought, so that the Government can consider it in appropriate detail as well.
Finally, on fracking, I have strong views on hydraulic shale gas and hydraulic fracturing, which I have put on the record many times in this place, and I will continue to share those views. At the same time, and I hope the hon. Gentleman accepts that there are times and places to debate policies like this one, I am no longer a Minister in the Department for Business, Energy and Industrial Strategy. I am sure that there will be regular opportunities to develop this matter, but my own position is known and understood. On his specific question, hydraulic fracturing is not within the NSIP process. There was a consultation in 2018-19 in which the Government decided not to put it in the NSIP process at the time. Should that change, I would be happy to debate with him at the appropriate moment.
Amendment 197 agreed to.
Lee Rowley
I beg to move amendment 198, in clause 195, page 197, line 1, after “sections 107” insert—
“, (Additional powers in relation to non-material changes to development consent orders)”
This amendment provides that the clause in NC61 will come into force two months after the Bill is given Royal Assent.
The Chair
With this it will be convenient to discuss Government new clause 61—Additional powers in relation to non-material changes to development consent orders.
Lee Rowley
A key benefit of the NSIP regime in the Planning Act 2008 is that it puts forward statutory timeframes for consideration and determination of applications concerning NSIPs, thereby providing a degree of certainty to developers and others in order to ensure a timely outcome, as we discussed in the previous debate. The outcome of a successful application is the granting of a DCO. Subsequent changes to a scheme after a DCO is granted—regardless of whether they are material or non-material changes—require consent from the relevant Secretary of State. Although there are statutory timeframes in place for the consideration and determination of DCO applications for material change, there are none currently for non-material change.
Lee Rowley
This group contains the two final clauses in the Bill. Clause 195 governs the commencement or coming into force of the various provisions. It enables certain provisions to commence immediately on the Bill gaining Royal Assent—for example, some devolution measures, notably clause 42, which allows proposals to establish combined county authorities to be made. That will facilitate proposals coming into effect as rapidly as possible. Other provisions commence two months after Royal Assent—for example, the levelling-up missions in part 1. The remaining provisions will come into effect on a day appointed by regulations. In all cases, clause 195 provides additional powers to make such transitional, transitory or saving provision as appropriate in connection with the coming into force of any provision in the Bill. The final clause, clause 196, contains the short title for the Bill. I commend both clauses to the Committee.
Question put and agreed to.
Clause 195, as amended, accordingly ordered to stand part of the Bill.
Clause 196 ordered to stand part of the Bill.
New Clause 60
Power to shorten deadline for examination of development consent order applications
“(1) Section 98 of the Planning Act 2008 (timetable for examining, and reporting on, application for development consent order) is amended as follows.
(2) After subsection (4) insert—
‘(4A) The Secretary of State may set a date for a deadline under subsection (1) that is earlier than the date for the time being set.’
(3) In subsection (6), after ‘subsection (4)’ insert ‘or (4A)’.”—(Lee Rowley.)
This new clause allows the Secretary of State to set a shorter deadline for the examination of applications for development consent orders and makes related provision. The new clause will be inserted after clause 110.
Brought up, read the First and Second time, and added to the Bill.
New Clause 61
Additional powers in relation to non-material changes to development consent orders
“In paragraph 2 of Schedule 6 to the Planning Act 2008 (non-material changes), after sub-paragraph (1) insert—
‘(1A) The Secretary of State may by regulations make provision about—
(a) the decision-making process in relation to the exercise of the power conferred by sub-paragraph (1);
(b) the making of the decision as to whether to exercise that power;
(c) the effect of a decision to exercise that power.
This is subject to sub-paragraph (2).
(1B) The power to make regulations under sub-paragraph (1A) includes power to allow a person to exercise a discretion.’”—(Lee Rowley.)
This new clause gives the Secretary of State the power to make provision about the decision-making process for non-material changes to development consent orders (for example, by setting time limits for making decisions). The new clause will be inserted after clause 110.
Brought up, read the First and Second time, and added to the Bill.
New Clause 62
Prospects of planning permission for alternative development
“(1) The Land Compensation Act 1961 is amended as follows.
(2) In section 14 (taking account of actual or prospective planning permission in valuing land)—
(a) in subsection (2), for paragraph (b) substitute—
‘(b) of the prospect of planning permission being granted on or after that date for development, whether on the relevant land or other land, other than development for which planning permission is in force at the relevant valuation date.’;
(b) for subsections (3) and (4) substitute—
‘(2A) If a description of development is certified under section 17 as appropriate alternative development in relation to the relevant land (or any part of it), it is to be taken as certain for the purposes of subsection (2)(b) that—
(a) planning permission for development of that description would be (or would have been) granted on the relevant valuation date, and
(b) the permission would be (or would have been) granted in accordance with any indication given under section 17(5B).
(2B) In relation to any other development, the prospects of planning permission are to be assessed for the purposes of subsection (2)(b)—
(a) on the assumptions set out in subsection (5), and
(b) otherwise, in the circumstances known to the market at the relevant valuation date.’;
(c) in subsection (5), in the words before paragraph (a), for ‘subsections (2)(b) and (4)(b)’ substitute ‘subsection (2B)(a) (and in section 17(1B)(a))’;
(d) in subsection (9), in the words before paragraph (a), for the words from ‘to’ to ‘15(1)(b)’ substitute ‘in subsection (2) to planning permission that is in force’.
(3) In section 17 (certification of appropriate alternative development)—
(a) in subsection (1), for the words from ‘containing’ to the end substitute ‘stating that a certain description of development is appropriate alternative development in relation to the acquisition’;
(b) after subsection (1) insert—
‘(1A) Development is “appropriate alternative development” for this purpose if it is development—
(a) on the land in which the interest referred to in subsection (1) subsists (whether alone or together with other land),
(b) for which planning permission is not in force at the relevant planning date, and
(c) in respect of which the following test is met.
(1B) The test is whether, had an application for planning permission for the development been determined on the relevant planning date, the local planning authority would have been more likely than not to grant the permission—
(a) on the assumptions set out in section 14(5),
(b) on the assumption that it would act lawfully, and
(c) otherwise, in the circumstances known to the market at the relevant planning date.
(1C) For the purposes of subsections (1A) and (1B), the “relevant planning date” is—
(a) the relevant valuation date, or
(b) if earlier, the date on which the application under this section is determined.’;
(c) in subsection (3), for paragraphs (a) and (b) substitute—
‘(ba) must set out the applicant’s reasons for considering that the description of development given in the application is appropriate alternative development, and’;
(d) for subsections (5) to (8) substitute—
‘(5A) The local planning authority may issue a certificate under this section in respect of—
(a) the description of development given in the application for the certificate, or
(b) a description of development less extensive than, but otherwise falling within, the description given in the application.
(5B) A certificate under this section must give a general indication of—
(a) any conditions to which planning permission for the development would have been subject, and
(b) any pre-condition for granting the permission (for example, entry into an obligation) that would have had to be met.
(5C) The test to be applied for the purposes of subsection (5B) is whether the local planning authority would have been more likely than not to impose such conditions, or insist on such a pre-condition, on the assumptions, and otherwise in the circumstances, referred to in subsection (1B).’
(e) in subsection (10)—
(i) for ‘there must be taken into account any expenses reasonably’ substitute ‘no account is to be taken of any expenses’;
(ii) omit the words from ‘where’ to ‘favour’.
(4) In section 18 (appeals to Upper Tribunal)—
(a) in subsection (2)—
(i) after paragraph (a) (but before the ‘and’ at the end) insert—
‘(aa) must consider those matters as if, in subsections (1B) and (5C), the references to the local planning authority were references to a reasonable planning authority,’
(ii) in paragraph (b), after sub-paragraph (ii) insert—
‘(iia) cancel it, or’;
(b) after subsection (2) insert—
‘(2A) Where the local planning authority have rejected an application for a certificate under section 17, the person who applied for the certificate may appeal to the Upper Tribunal against the rejection.
(2B) On an appeal under subsection (2A)—
(a) paragraphs (a) and (aa) of subsection (2) apply as on an appeal under subsection (1), and,
(b) the Upper Tribunal must—
(i) confirm the rejection, or
(ii) issue a certificate,
as the Upper Tribunal may consider appropriate.’;
(c) in subsection (3), for the words from ‘the preceding’ to the end substitute ‘subsection (2A) applies as if the local planning authority have rejected the application’;
(d) after subsection (3) insert—
‘(4) The references in sections 14(2A) and 17(5A) and (5B) to a certificate under section 17 include a certificate issued, or as varied, by the Upper Tribunal under this section.’
(5) In section 19 (applications by surveyors)—
(a) in subsection (3), for ‘paragraphs (a) and (b)’ substitute ‘paragraph (ba)’;
(b) after that subsection insert—
‘(4) In the application of section 18 by virtue of subsection (1)—
(a) subsection (1)(a) of that section is to be read as if it included the surveyor, and
(b) subsection (2A) of that section is to be read as if the reference to the person who applied for the certificate included the person entitled to the interest.’
(6) In section 20(a) (power to prescribe time limit for issuing certificate under section 17), for the words from ‘time’ to the end substitute ‘period within which an application under that section is to be determined’.
(7) In section 22 (interpretation of Part 3), after subsection (2) insert—
‘(2A) The completion of the acquisition or purchase referred to in the applicable paragraph of subsection (2) does not affect the continued application of that subsection.’”—(Lee Rowley.)
This new clause (to be inserted after clause 149) changes how prospects of planning permission are taken into account when assessing land value for purposes of compulsory purchase compensation. Planning permission will be taken for granted only if the planning authority certifies that it would have granted it, and such certificates will be reduced in scope.
Brought up, read the First and Second time, and added to the Bill.
New Clause 1
Independent body to monitor levelling up missions
“(1) The Secretary of State must assign an independent body to assess the Government’s progress on levelling-up missions and make recommendations for improvements to delivery of them.
(2) The body must prepare parallel independent reports for each period to which a report under section 2 applies.
(3) Each parallel independent report must—
(a) assess the progress that has been made in the relevant period in delivering each of the levelling-up missions in the current statement levelling-up missions, as it has effect at the end of the period, and
(b) make recommendations for what the Government should do to deliver each levelling-up mission in the following period.
(4) The Secretary of State must lay each report under this section before Parliament on the same day as the report under section 2 which applies to the relevant period.”—(Alex Norris.)
This new clause would require the Secretary of State to establish an independent body that can provide reports on the Government’s progress on levelling-up missions and outline recommendations for their future delivery.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Levelling-up and Regeneration Bill (Twenty Fifth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 18th October 2022
(2 years, 2 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 18 October 2022 - (18 Oct 2022)
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
It is a pleasure to serve under your chairmanship, Sir Mark. I am grateful to the hon. Member for South Shields for raising this matter. As MPs for the north-east, we are acutely aware of the value of manufacturing. She referred to her manufacturing powerhouse, which the north-east certainly is. We want it to continue to thrive, but we also want the entire UK to thrive when it comes to manufacturing.
Manufacturing is vital to levelling up as it provides high-skilled and well-paid jobs. It is supported by the Government, including through a new £1.4 billion global Britain investment fund, with grants to encourage internationally mobile companies to invest in the UK’s critical and most innovative industries.
There are already publicly available official statistics covering matters in the new clause, such as the number of manufacturing jobs by region. We are a little concerned that the new clause would require an additional and disproportionate burden on businesses to collect data in a timely manner at a time when they are already facing unprecedented rising costs, which are particularly acute for manufacturing businesses. We therefore feel that the new clause is unnecessary at this stage.
The hon. Member for Westmorland and Lonsdale talked about having real metrics at the heart of levelling up, which the Government are certainly passionate about. We want to be able to measure levelling up to show that we are successfully delivering it. That is why we are already taking steps to improve the quality of the spatial data that we have available.
My Department has established a new spatial data unit to drive forward the data transformation required in central Government. The unit supports the delivery of levelling up by transforming the way the UK Government gather, store and manipulate sub-national data to underpin transparent and open policy making. On that basis, I think we are reaching for the same end here. I reassure the hon. Member for South Shields that the spatial data unit will be pivotal in this matter. The Department for Education is also working to deliver a better understanding of local area skills demand and supply through its unit for future skills.
Mrs Lewell-Buck
I referred to the fact that the Government’s technical annex to the White Paper identifies an issue with measuring and understanding pay, jobs, living standards and productivity. If the Government do not want to put an extra burden on businesses, who will they ask to get this data for them? How will they do that?
Dehenna Davison
This is a matter for our excellent new spatial data unit, which is doing valiant work. It will really help us to understand the scale of the challenges, as well as the progress that we are making against the levelling-up missions. As a Government, we are determined to level up and make progress against those missions.
We are doing a lot of great work in this area and the spatial data unit really will be revolutionary in how we gather this data. For the reasons I have outlined, I ask the hon. Lady to withdraw her new clause.
Tim Farron
I congratulate the hon. Member for Buckingham on bringing forward these important new clauses. I agree with an awful lot of what he said. Undoubtably, food security is something that our country has overlooked hugely in recent decades, to our great cost. By some metrics, we produce only about 55% of the food we eat. That is not just a dangerous position to be in given the global situation, but it is morally questionable. As a first-world nation, we will go out and find the food we need, and we will inflate prices on the commodities markets, which will end up increasing prices for the poorest people in the world. On that level, we have a moral requirement to make good use of the land we have to produce food to feed ourselves so that we are not literally starving other people around the world.
It is worth pointing out that 70% of England’s land and about 72% of the United Kingdom’s land is agricultural. If we are serious about tackling global carbon emissions and improving biodiversity, we have to start with those working in farming. Anyone who thinks we can improve our environment without keeping people farming to deliver those environmental policies is not living in the real world.
The other thing that makes the new clauses attractive to me is that they refer to the responsibilities not just of planning authorities, but of Ministers. When it comes to planning authorities, a requirement to look at the impact of any proposal on food production and farming may sometimes mean that we protect land and do not allow development. It may also sometimes mean that we permit development, in order to allow, for example, diversification. Some level of renewable energy on farm sites is something that farmers actively want, to help shore up their businesses. I agree that we do not want to see whole farms handed over to solar, but many farmers would like the option to use renewables for environmental reasons and to cross-subsidise and diversify their business. Also, sometimes we simply need labour in those communities, and we may need to build some houses to ensure that we have sustainable farming.
I wish that the provisions of these important new clauses were already in law, because they would stop the Government botching the transition from the common agricultural policy, which was far from perfect, to the new ELM scheme. That will see farmers lose 20% of their income by the end of this year, with very little to replace it. Fewer than 2% of the 1,000 farmers in my patch—13 of them—have signed up for the new sustainable farming incentive. The botching of the transition means that farmers will lose their income, and so far they have very little to compensate for it.
However, to botch the unbotching is almost inexcusable. In the last few weeks, the Government have signalled that they might be ready to rip up ELMS altogether, after farmers have spent two years preparing for it. We see foolishness upon foolishness, all of which puts our farmers in a desperate position. They have never been more angry with the Government of the day—and we do not have time to go into the damage being done to our farming community by trade deals. We desperately need to remember, at the heart of policy making, nationally and locally, the importance of farmers and farming to food production and the environment. If the hon. Member for Buckingham were to press the new clauses to a vote, he could count me on his side—I would vote with him.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
It is a pleasure to serve under your chairmanship, Sir Mark. I thank my hon. Friend the Member for Buckingham for his introduction to the new clauses and for the work he is doing on this important policy area. We absolutely accept the challenge that he puts to us. He made strong points about the importance of balancing competing demands, all of which are important in isolation and need to be thought through and integrated as best as possible, while recognising that it is sometimes not possible to do everything. The point of Government, both local and national, is to try to ensure that that balance is struck in the best possible way.
I hesitate to go too much into an agricultural discussion, although the hon. Member for Westmorland and Lonsdale was keen to move into that space, but I acknowledge the points that have been made. It is critical that we continue to have food security in the United Kingdom, that consumers have access to good quality, healthy and sustainable food and that domestic producers have a viable business in the long run. Although I do not want to trade figures, the figures I have in front of me state that we produce about 60% of what we eat, and we produce roughly 70% to 75% of what we can produce in this country. Given the problem of dates, times and the like, I recognise that those things move around, although they seem to have been relatively static over the last 20 years. Therefore—to my hon. Friend’s point—the question is whether the planning system needs further content and signals so that it is clear that these things can be weighed up more clearly.
At the current time, things are going on elsewhere in Government, particularly around the Agriculture Act, which my hon. Friend referenced. The Act commits the Secretary of State to have regard to the need to encourage the production of food by producers in England and for that production to be done in an environmentally sustainable way. Also in the Agriculture Act is a legal obligation to produce an assessment of food security once every three years. I hope that goes some way towards reassuring my hon. Friend, although I acknowledge that he is also interested specifically in the planning element.
This might be one of the statements that I make regularly over the next few minutes or so, but I am happy to talk to my hon. Friend in more detail about the underlying intent and calls behind his new clause. However, at the current time, I ask him to withdraw it in lieu of further discussions and debate outside after our sitting.
Greg Smith
I welcome my hon. Friend’s commitment to keep the conversation going. This is a subject, as right hon. and hon. Members can perhaps understand, that I get very passionate about. I could have a debate on agriculture for as many hours as the hon. Member for Westmorland and Lonsdale could. Our farmers produce the best food in the world, and we have to find the right balance to ensure that they have the land on which to produce it. In the spirit of carrying on the conversation before the Bill reports, I will not push the new clause to a vote, but I urge the Government to keep listening and talking to protect our world-class, best-in-class British farmers. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 14
Prohibition of mandatory targets and abolition of five-year land supply rule
“(1) Any housebuilding target for local planning authorities in—
(a) the National Planning Policy Framework (NPPF),
(b) regulations made under any enactment, or
(c) any planning policy document
may only be advisory and not mandatory.
(2) Accordingly, such targets should not be taken into account in determining planning applications.
(3) The NPPF must not impose an obligation on local planning authorities to ensure that sufficient housing development sites are available over five years or any other given period.”—(Greg Smith.)
This new clause requires a revised NPPF within six months to provide that housing targets are advisory not mandatory and that the five-year housing land supply rule will no longer apply.
Brought up, and read the First time.
Greg Smith
This should be relatively straightforward, given the commitments that my right hon. Friend the Prime Minister made in the leadership election during the summer. I believe that she described her approach as ending the Soviet-style, top-down housing targets that exist in the United Kingdom at the moment.
New clause 14, in the name of my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), gets to the nub of the matter by getting rid of mandatory targets and leaving local areas free to decide what housing development, commercial development, infrastructure and so on they need. It also gets rid of something that has been an aberration in the planning system for far too long. I have talked to local government colleagues up and down the land, and the five-year land supply rules have got in the way of many areas deciding exactly what is right for them and of their ability to be dynamic.
The new clause gets to the nub of these issues. I hope that the Government can listen and that we can move forward by adding to the Bill either this new clause or whatever the Government wish to bring forward to meet the Prime Minister’s commitments over the summer.
Lee Rowley
Again, I am grateful to my hon. Friend the Member for Buckingham for tabling the new clauses and for articulating the rationale and reasoning for them. I think he and everybody else present would accept the principle that these would be significant changes, whatever people’s views about some of the important points he highlighted, such as the five-year housing land supply rules, local plans and the NPPF. The appropriate balance needs to be struck in each case, and those debates could detain the Committee for many hours, with extremely strongly held views in many places. Each of us will have—as I do and as my hon. Friend the Member for Buckingham and my right hon. Friend the Member for Chipping Barnet, who is not on the Committee, do—individual recollections and experiences of the implications of the NPPF, the five-year housing land supply rules and other things for their constituencies and more broadly.
I recognise and acknowledge the significant underlying element of change that is proposed in the new clauses, the significant move away from the current approach, and the balance that needs to be struck. I also acknowledge that, as part of the leadership campaign, my right hon. Friend the Prime Minister made a series of statements over the summer about looking again at this area and bringing forward new proposals. However, I hope that my hon. Friend the Member for Buckingham will be content on this occasion to emphasise the point in his speech, which was that we should either look at the new clauses or bring forward additional proposals. I hope we can bring forward proposals in due course that he will have the opportunity to comment on, so I ask him to withdraw the new clause, pending further discussions in advance of the Bill coming back at a later stage.
Greg Smith
I am grateful to my hon. Friend the Minister for those commitments. The statements made over the summer were very clear, and I look forward to working with the Government on their proposals or to put new clause 14 into the Bill on Report.
New clause 15 goes to the heart of localism and the same issue that new clause 14 talks about: the ability of local communities, rather than Whitehall, to decide. Given the commitment that the Minister made, I am equally content that we continue the conversation, which we will come back to on Report. For the time being, I am content not to press new clause 15.
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn
New Clause 16
Character test: determination of applications
Matthew Pennycook (Greenwich and Woolwich) (Lab)
It is a pleasure to serve with you in the Chair, Sir Mark. New clause 37 in my name and that of my hon. Friends, is, like new clause 16, a simple amendment. I will not devote too much time to making the case for it.
We all agree that it is essential that the integrity of the planning system is upheld, not only to ensure that unauthorised development cannot blight local communities, but to maintain public trust and confidence in the planning decision-making process. When considering chapter 5 of the Bill, we had a number of debates about how planning enforcement might be improved as well as better resourced. A number of members of the Committee, including my hon. Friend the Member for South Shields, have spoken at length about the impact that rogue developers can have on communities across the country.
New clause 37 seeks to probe the Government on a specific issue of concern. As the hon. Member for Buckingham has just made clear, at present it appears that it is entirely permissible for an individual developer to consistently breach planning control, with the only risk being that they face enforcement action in respect of that specific breach. We believe that it is right that enforcement of planning law and regulation is based on the principle of proportionality and that when it comes to cases of alleged unauthorised development, local authorities have discretion to determine how the breach can be remedied. However, we also believe there is a strong case for changing the law so that certain categories of proscribed persons, in particular those who breach planning control and make no efforts to rectify those breaches, can be prohibited from carrying out development of any kind.
New clause 37 would allow that sanction to be applied to those who persistently offend when it comes to contraventions of planning law and regulation. Its objective is the same as new clause 16, on a character test and the prior record of an applicant. Adopting new clause 37, or a version of it, would reduce the burden on local authorities that are attempting to deal with the minority of rogue developers of this kind, and would also strengthen the integrity of the system overall. I hope the Government will give it serious consideration.
Lee Rowley
I thank my hon. Friend the Member for Buckingham and the hon. Member for Greenwich and Woolwich for their new clauses. I am extremely sympathetic to some of the concerns. I agree with the hon. Member that ensuring the integrity of the planning system is paramount. We will all have examples from across the country of where development does not occur in the way that is sanctioned, or before it is sanctioned, and then an attempt is made to gain planning permission retrospectively by those who are not necessarily following either the letter or the spirit of the rules as set down. It is extremely frustrating.
By the same token, we have to tread extraordinarily carefully here. There are a set of principles, which my hon. Friend and the hon. Member acknowledged in their speeches—that the planning system is based on a specific application, which should be judged accordingly on its merits. It is challenging to bring forward a form of character test within those principles, although I recognise that there is an issue here that many communities up and down the land are seeing.
As those who have debated it for longer than I have will know, the Bill already includes a significant package of measures that will help tackle persistent abuses of the system. Those will speed up the enforcement process, restrict the circumstances in which an appeal can be lodged, increase fines for non-compliance and discourage intentional unauthorised developments that rely on a slow enforcement timescale. The Government acknowledge some of the concerns and are trying to find appropriate levers with which to approach them.
While offering a commitment to continue to talk about this issue, although wanting to be being clear that it is extremely difficult in terms of legislation, as my hon. Friend and the hon. Member acknowledged, the Government are not minded to accept the new clauses. I therefore ask both Members not to press them.
Greg Smith
I welcome the commitment my hon. Friend has just made to carrying on the conversation. I accept the complexity, in a system that looks at individual cases, of bringing in a more universal test. However, there are other areas of life where people—for example, those with particular criminal records—are barred from doing certain activities—particularly where children are involved. If we could extend the principle and precedent whereby somebody who has form with rogue development—that is, turn up, build now and apologise later—which blights communities up and down the land, is barred through legislation that is practical and that does not undermine the planning system, I am up for carrying on that conversation. If not through the exact wording of this new clause, then perhaps by another means, we could find a happy solution that protects our communities from those who, I am sorry to say, continue to blight them by building out schemes that they do not have planning permission for.
Lee Rowley
I thank hon. Members for their contributions. At a high level, the new clause is attractive, and I am tempted by it, but for reasons that I will outline, I am afraid that we will be resisting it. I completely accept the way in which all three of my colleagues have articulated the issues. I am sure that everybody in this room has stories of cases in which, although planning applications have gone through the process, there is a general lack of consent from the community to the manner in which they went forward.
Notwithstanding that, and notwithstanding my acceptance of the points that the hon. Member for York Central rightly made about the importance of franchise of place and embedding local consent in decision making, two fundamental principles mean that I am unable to accept the new clause. First, it is absolutely vital that we retain the principle that those who own land have the right to make applications, and to understand the processes that they can go through. Once that due process has been concluded, those landowners have the right to do as they wish with their land, within the established framework that the Government deem it reasonable and proportionate to apply.
Secondly—I recognise that I am speaking to people with a great interest in this area, and I am probably telling them lots of things that they already know—we would all accept that planning is a long, difficult and convoluted process at the best of times. In another part of my portfolio, I am looking at the reasons why a large proportion of local authorities do not have a local plan; a local plan is one of the processes through which discussion takes place and consent, hopefully, is given to development. That is a multi-stage, multi-consultative process in which people can put forward ideas, and in which those ideas can be tested, and then accepted or not, first in the community, and then with an additional body looking at them. Once that process has concluded, on most occasions, there is the opportunity for planning applications to be debated in principle. The community has the opportunity to get involved at that stage, and then once again in the case of reserved matters.
That is a very imperfect process, and we will all have lots of experience of it not leading to communities liking, or particularly wanting, individual applications. However, it is important to note the multi-stage nature of the process and the multiple elements of consultation in. While I understand the sentiments behind the new clause and the frustrations that have been articulated, and while I recognise that the system is very imperfect, I ask my hon. Friend the Member for Buckingham to consider withdrawing the new clause. As many Members know, and occasionally remark on, I am only six weeks in post, but I have spoken to a number of people who have been involved with these matters for years. I understand that this proposal has been around for many decades, and one of the reasons why it has not been taken forward is the fundamental change it would make to the planning system. I accept and understand the importance of the new clause, but we are not able to accept it.
Rachael Maskell
I appreciate that the Minister was not here for earlier stages of debate on the Bill. Will he consider my suggestion about greater community engagement and involvement, and my point about ensuring deliberative democracy when sites are brought forward for use? It would be a way of trying to address the problem at source, rather than retrospectively, and it would give communities that engagement, franchise, and opportunity to determine how the community develops.
Lee Rowley
I am grateful to the hon. Lady for her comments. We may have another discussion about deliberative democracy when we debate another amendment in a few minutes’ time.
I am a great advocate of local communities having as much involvement in these discussions as possible. It is a shame when councils—I experienced this in North East Derbyshire a number of years ago—do not emphasise the discussion at the appropriate point, and people do not feel as involved as they need to if they are to understand what happens later in the process. I hope that local councils take opportunities to be as broad and open in their discussions as possible. I am also a big fan of neighbourhood plans, because they give communities the opportunity to be more involved in discussion. There are parts of the system that can be used at the moment, though I respect and acknowledge the challenge of involving local communities in it. I ask my hon. Friend to withdraw the new clause.
Greg Smith
I absolutely hear what my hon. Friend says about due process for landowners who wish to develop their land. I am not in any way, shape or form seeking to take any of that away through the new clause; it is quite right that landowners or developers should have the due process set out, and a clear path to appeal if they feel that they have not been treated fairly.
What is missing is the other side of the equation, when something materially affects a village, town or neighbourhood. Some months ago, when speaking to an amendment, I gave the example of the way flooding is dealt with in the planning process. In the village of Ickford in my constituency, every villager knew that a piece of land flooded not just a little, but a lot, but that was completely ignored throughout the planning process and when it got to the Planning Inspectorate. The community could see the problem—they knew and felt it; they had puddles lapping up to the top of their welly boots regularly—but was left with a choice of going to judicial review or nothing. That community right of appeal did not exist. They could see, feel and breathe the issues. This was the place they call home, but that knowledge could not be put into any meaningful challenge that would not cost the village £1 million.
I am happy to withdraw the new clause for the time being, but I really urge my hon. Friend to look at how we can restore fairness, so that when a place feels that the planning system has worked against it, it can lodge a good, well-thought-through challenge that that does not go into the unaffordable realms of judicial review. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 18
Start of development for planning purposes
“(1) The Town and Country Planning Act 1990 is amended as follows.
(2) In section 56(4) (time when development begun) leave out paragraphs (aa) to (c)
(3) In section 92(2)(b) (outline planning permission) for ‘two years’ substitute ‘one year.”—(Greg Smith.)
Brought up, and read the First time.
Tim Farron
These interesting new clauses highlight two issues about which I am particularly concerned—issues to which the hon. Gentleman alluded. They are very helpful new clauses, and I am grateful to him for tabling them. He is right that, over the past decade, roughly a million properties granted planning permission have not been built. That tells us something. When the Government consider growth and the need for new developments, they think they just need to loosen planning regulations. Well, the answer to that is that 1 million new homes have obtained planning permission but have not been built. Let us focus on making sure that those developments get delivered, rather than on reducing the regulations, because that tends to lead to the wrong sort of homes in the wrong sort of places.
Another issue affects tens of thousands—but not a million—houses. It is when developments begin but are not completed. That may be for a range of reasons, such as genuine business failure. It may also be due to a disreputable developer; we have seen plenty of those. I think of one in my constituency, a serial bankrupt, and it seems obvious to me that in their case, we are talking about a deliberate business tactic. Developments are either completely or partially abandoned. That is a waste of time and money, and it creates eyesores for communities, when the development could have provided nice, decent homes for people to live in.
Would the Government consider going further than the new clauses suggest and applying existing legislation, namely empty dwelling management orders? They allow local authorities to commandeer empty properties after a period. It should be noted, however, that the period is seven years, which is far too long, but we should be able to commandeer developments that were begun but not completed for public use and public good. I can think of one house in the Kendal Parks area of Kendal that has been uncompleted for 20 years. It is an eyesore, and damaging to the local community. It could be a decent home for someone. I can also think of a whole development in Burton-in-Kendal that has been poorly managed and has fallen out of the hands of one set of owners into those of another. The ability of local authorities to commandeer properties for the public good would be of huge benefit, not just to my community but to every Committee member’s community.
Lee Rowley
I am grateful to the hon. Member for Westmorland and Lonsdale for his comments, and to my hon. Friend the Member for Buckingham for tabling the new clauses.
I accept that this is another area of policy that is difficult and challenging and that a balance needs to be struck. I completely understand the concerns that have been raised. In order not to detain the Committee, and without offering any guarantees, I would be keen to continue the conversation outside the realms of the Committee to consider and reflect on the points made by those who have spoken. I am happy to discuss that in advance of further stages of the Bill, should my hon. Friend be content to do that.
Greg Smith
I welcome that commitment. I stand ready to carry on the conversation; therefore, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Greg Smith
I beg to move, That the clause be read a Second time.
This new clause is in a similar vein to many of the others that I have tabled, although it looks at the controls for planning enforcement and essentially abolishes the time limits so that where rogue development or development carried out without planning permission takes place, especially in protected landscapes, it can no longer be timed out by a lack of enforcement action. I accept that planning enforcement is not a statutory service on local authorities, which are often overstretched. Removing the time limit would ensure that those who have done wrong by a community and developed that which they should not have, or have developed in a manner that is not commensurate with their planning permission, can still face the appropriate planning enforcement beyond the current statutory time limits.
Lee Rowley
I share my hon. Friend’s desire to ensure that important landscapes are protected from breaches of planning control. We would need to consider the time limit by which that occurs, and whether an open-ended time limit is the most appropriate way. While I understand the underlying principle and point that my hon. Friend makes, there is a challenge in leaving something so completely open ended, as it could come back in many years’ or decades’ time, however unlikely that may be.
As my hon. Friend will know from sitting on this Committee longer than me, the Bill already increases the time limits for some breaches of planning control from four years to 10 years. We hope that is a positive direction of travel that demonstrates the Government’s willingness to look at this area and make changes where appropriate, but in this instance, I ask my hon. Friend to withdraw the clause. I am happy discuss it further—although it is very difficult to see how an open-ended timeframe can be obtained. I hope that he can see in other parts of the Bill the Government’s intent to look at that where we can and where it is proportionate to do so.
Greg Smith
I very much welcome the Minister’s words. I accept that, with a totally open-ended time limit, the new clause is imperfect. I am happy to negotiate and find a happy medium that sets a more realistic and reasonable timeframe, so that planning enforcement does not just fall off the metaphorical cliff edge and communities are not left wanting. Therefore, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 23
Report on measures to incentivise brownfield development over greenfield development
“(1) The Secretary of State must, within 60 days of the day on which this Act is passed, establish a review of the merits of measures to financially incentivise brownfield development over greenfield development.
(2) The review must, in particular, consider the impact of—
(a) introducing a greenfield plot tax to provide dedicated funding streams for brownfield development,
(b) setting a uniform zero-rating of VAT for development on brownfield sites,
(c) applying standard VAT to development on greenfield sites,
(d) applying variable measures to ensure that increases in land values attributable to the granting of planning permission for development are used in support of communities local to those developments, and
(e) allowing a high degree of variation in the Infrastructure Levy to enable communities to value the loss of greenfield land depending on local circumstances.
(3) The Secretary of State must lay a report on the findings of this review before Parliament no later than one year after this Act comes into force.” —(Greg Smith.)
This new clause would require the Secretary of State to review the merits of measures that would financially incentivise brownfield development over greenfield development and to report the findings to Parliament.
Brought up, and read the First time.
Ben Bradley (Mansfield) (Con)
It is a pleasure to serve under your chairmanship, Sir Mark. I want to give the Committee a change of scenery for five minutes, before I let somebody else speak. I will not develop these points; I will just add a thought that the Minister might wish to take away and consider in further conversations.
The Bill will, I hope, create numerous mechanisms and levers to incentivise local areas to bring forward brownfield sites, not least development corporations, combined authorities and the investment zones that have been the subject of much conversation. I should declare an interest, because I am the leader of a local authority and I am involved in a devolution conversation in the east midlands. At a regional level, we have been given funding to bring forward brownfield sites for development, and we are considering how we might use that funding locally to achieve this goal. Perhaps the Minister might consider whether some of the levers, funds and opportunities that my hon. Friend the Member for Buckingham has proposed would sit better at a devolved, local level within one of the mechanisms created by the Bill, rather than in the Bill itself.
Dehenna Davison
It is a pleasure to speak to this amendment from my hon. Friend the Member for Buckingham. We have done some great work on it together, and I hope we can continue in that spirit. Members will know that the Government strongly encourage the use of brownfield land over greenfield, and in national policy there is an expectation that local planning policies and decisions will give substantial weight to the value of using suitable brownfield land to meet our communities’ housing needs and other identified needs.
My hon. Friend was right to highlight the cost differential that developers face. We are investing significant funding to support brownfield development, including in some of the schemes that he has mentioned. I will rattle through them one more time for the Committee’s benefit. There is the £550 million brownfield housing fund and the £180 million brownfield land release fund 2, which builds on the success of the £75 million first brownfield land release fund. In addition, later this year we aim to launch the £1.5 billion brownfield, infrastructure and land fund, which will unlock sites around the country.
We are particularly sympathetic to this cause, which is why we are setting out a range of new measures and powers in the Bill to support brownfield development. My hon. Friend the Member for Mansfield is right to talk about local empowerment—something that I know he is a real champion of in his other role, at local government level. We are keen that the Bill in its entirety will empower local leaders to regenerate towns and cities through a range of provisions, including new locally led and locally accountable development corporations, which my hon. Friend mentioned, and support for land assembly and regeneration through enhanced compulsory purchase powers.
My hon. Friend the Member for Buckingham mentioned the infrastructure levy introduced in the Bill. It provides a framework in which, where increases in land value are higher—as is often the case with greenfield development—higher rates can be set. This mechanism would allow differential charging rates to be set by local planning authorities for different types of development, so that more could be levied on greenfield land as compared with brownfield land to incentivise development on that brownfield land.
We will also continue to work on wider planning proposals that will give the public an opportunity to shape our future national planning policy, and in relation to which the Government have committed to consult the public.
On that basis—because we are already taking such strong steps to encourage brownfield development and have a commitment to review national policy—we do not feel that the new clause is necessary, so I kindly ask my hon. Friend to withdraw it today.
Greg Smith
I very much welcome the Minister’s commitments. She is absolutely right in outlining the various schemes to support brownfield development. I guess the thought I will leave her with is the reflection that, rightly, there is a lot of carrot in those schemes; where I do not think we have quite enough at the moment is the stick to dissuade people from greenfield development. We need to ensure a proper balance of incentivising, through grant funding or whatever it might be, development on the brownfield sites, and also something to actively dissuade developers from looking at the greenfield sites. If we can carry that conversation on through to Report, I am content to withdraw new clause 23 at this time. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 24
Report on measures to improve the efficiency of the housing market
“(1) The Secretary of State must, within 60 days of the day on which this Act is passed, establish a review of the merits of measures to improve the efficiency of the housing market.
(2) The review must, in particular, consider the impact of—
(a) a stamp duty exemption to encourage elderly homeowners to downsize,
(b) an additional stamp duty surcharge on purchases by person not resident in the UK,
(c) a stamp duty surcharge on second home purchases,
(d) a reduction in the highest rates of stamp duty, and
(e) measures to promote an active market in long-term fixed rate mortgages to encourage lending to first time buyers.
(3) The Secretary of State must lay a report on the findings of this review before Parliament no later than one year after this Act comes into force.”—(Greg Smith.)
This new clause would require the Secretary of State to review the merits of measures to improve the efficiency of the housing market and to report the findings to Parliament.
Brought up, and read the First time.
Lee Rowley
I am grateful to my hon. Friend for tabling the new clause. I absolutely accept his points about discussing this matter sensitively and accepting the real challenges in parts of the housing market. I understand and acknowledge that challenge, which the Department grapples with daily and as much as the state can. It is vital to have an effective housing market and for people to have good-quality properties and roofs over their heads, irrespective of tenure. Most fundamentally, we Conservatives know that expanding home ownership is vital. Although it is starting to increase again as a proportion, a gap remains between the number of people who want to buy a house and the number of people who can.
We all have our own individual stories. In North East Derbyshire, the way that properties are distributed—that sounds like a very technical word for real people’s lives—does not necessarily align in all instances with people’s needs. In one town in my constituency, a significant amount of which was built in the ’60s, ’70s and ’80s, lots of people who purchased properties to bring up their families are struggling to find houses—bungalows in particular—to downsize to, now that their families have flown the nest. Many Members will have similar stories.
At the same time, my hon. Friend has considered the matter closely and will acknowledge that there is a question about whether we need to legislate in this area. I humbly suggest that we do not, but I recognise the intent behind the amendment. Over the course of my time in post, I will continue to do what I can to answer some of those questions, as will the Department, so I ask him to consider withdrawing the amendment.
Greg Smith
I appreciate my hon. Friend’s comments. To clarify, yes, we would be putting a clause into legislation, but we would not be legislating for the outcome. We would be legislating for a duty on his Department to publish a report—to properly kick the tyres, if I may put it like that—on the housing market failures that are leading to the demand for so many new housing units to be built.
Of course, I fully accept that tackling stamp duty is not within the competence of the Department for Levelling Up, Housing and Communities. Altering the rates to get the market moving more quickly would have to be pitched to His Majesty’s Treasury. With that in mind, I am content to withdraw the new clause, but I urge my hon. Friends the Ministers to consider this point as the Bill and the Department’s work on housing and planning move forward. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 25
Report on promoting development in already developed areas
“(1) The Secretary of State must prepare a report on possible measures to promote development in areas that are already developed.
(2) The report must consider measures to promote—
(a) the purchasing by housing associations of properties that—
(i) have been unoccupied for an extended period (with reference to the vacancy condition in section 152), or
(ii) are currently unfit for human habitation (with reference to requirements of the Homes (Fitness for Human Habitation) Act 2018;
(b) novel means of providing increased affordable housing that is sustainable and accords with surrounding areas.
(3) The report must be laid before Parliament before the end of the period of six months beginning on the day on which this Act is passed.”—(Greg Smith.)
Brought up, and read the First time.
Greg Smith
New clauses 25 and 26 are quite important to free up for good use properties that may have fallen into disrepair or been unoccupied for a long time. I am sure that we could all name properties in our constituencies that we have canvassed for five elections running but nobody is ever behind the door. We put leaflets through the door, but the post reaches almost as high as the letterbox itself. Those are homes that I hope all Members, of whatever political persuasion, would acknowledge really should not be sat empty, but should have a family or whoever living in them. Of course, the wider public good is also served by not allowing properties to fall into disrepair and become eyesores or perhaps hotspots for disorderly behaviour, as people seek to take them over illegally.
New clause 25 does not contain specific legislative measures to deliver the outcomes we are seeking, but it creates a duty on DLUHC to report on how better to ensure that empty properties that have fallen into disrepair and are perhaps causing other public health hazards can be more easily brought back into the housing supply chain for social rent, for part rent, part buy, for discount market housing, or for whatever it might be.
New clause 26 is about ensuring that the compulsory purchase powers available to local authorities are suitable, if I may put it in those terms, to enable them not just to get those properties back into productive use and put a roof over human beings’ heads, but to ensure that local authorities that often bang their heads against a brick wall when it comes to certain compulsory purchase powers are freed up to make the right decisions for the communities they represent.
Dehenna Davison
I completely agree with the sentiment behind these new clauses. We can probably all think of examples in our constituencies of the sorts of vacant properties that my hon. Friend mentioned. Indeed, I was out in Eldon Lane with neighbourhood wardens, local police and local councillors—I think last week or the week before—looking at streets where most of the houses sit empty and can become hotbeds for antisocial behaviour and petty crime, so this is certainly something we want to tackle.
I agree with the benefits of promoting development in areas that are already developed, but I do not think that new clause 25 is necessary. We have already debated the Government’s national planning policy framework, which promotes the development of previously developed land and makes it clear that local plans should also include sufficient provision for affordable housing. I share the interest in novel ways of increasing the supply of affordable housing. The Government’s affordable housing guarantee scheme is a good example of this kind of innovation. The same is true of the proposal in the Bill to secure affordable housing contributions in future through a new streamlined mandatory and locally determined infrastructure levy.
My hon. Friend also made the case for housing associations to purchase homes that are empty or not currently fit for human habitation. I agree that this can play a valuable role in expanding the availability of affordable housing and improving the overall quality of our housing stock. Local authorities and other social housing providers can access funding to acquire empty homes on the market and bring them back into use through programmes such as the affordable homes programme and the rough sleeping accommodation programme.
Briefly, on new clause 26, I strongly share my hon. Friend’s desire to ensure that the compulsory purchase system is fit for purpose and can play its part in delivering our levelling-up agenda. My officials have worked incredibly closely with key stakeholders to review the current system and develop the package of measures in the Bill. We believe that these measures, supplemented by improved and updated guidance, will together ensure that local authorities have the powers they need to bring forward the regeneration of their high streets and town centres, and to deliver much needed housing and infrastructure. We also believe they will deliver a faster and more efficient compulsory purchase system and make compensation simpler and clearer. I have also asked the Law Commission to undertake a review and consolidation of the existing legislation on compulsory purchase and land compensation, which will begin shortly.
On that basis, I hope that my hon. Friend will agree that a statutory review is not necessary and ask him to withdraw the new clause.
Greg Smith
On the back of those commitments, I am happy to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 27
Deliberate damage to trees linked to development
“(1) Section 210 of the Town and Country Planning Act 1990 (penalties for non-compliance with tree preservation order) is amended as follows.
(2) After subsection (4) insert—
‘(4AA) Subsection (4AB) applies if—
(a) the court is considering for the purposes of sentencing the seriousness of an offence under this section, and
(b) the offence was committed for purposes connected to planning or development.
(4AB) The court—
(a) must treat the fact mentioned in subsection (1)(b) as an aggravating factor (that is to say, a factor that increases the seriousness of the offence), and
(b) must state in open court that the offence is so aggravated.’”—(Greg Smith.)
This new clause would make damage to trees or woodland in contravention of a tree preservation order an aggravated offence if it was committed for purposes connected to development or planning.
Brought up, and read the First time.
Greg Smith
I beg to move, That the clause be read a Second time.
This new clause goes to the heart of an issue very close to my constituents, who have seen a great number of trees damaged—largely by the Government’s HS2 project, I have to say. It happens far too frequently in rural environments, but it is equally applicable to urban ones, where trees that are unacceptably damaged, often with preservation orders on them, are often the only green for some distance around. Very straightforwardly, this new clause in my name and the name of my right hon. Friend the Member for Chipping Barnet seeks to put in place measures that will clamp down harder on those who deliberately damage trees during development.
Lee Rowley
I am grateful to my hon. Friend for moving this new clause, and I am sympathetic to the issue that he and other Members have raised. The protection of trees and the environment is hugely important, and it is frustrating when others do not support that cause. The information I have is that the law already provides a substantial amount of leeway to seek appropriate financial redress from people who have been accused of damaging trees, should the contravention have been through the local council via a tree preservation order.
With that in mind—I may be misinterpreting my hon. Friend—I am keen to understand from my hon. Friend or his colleagues why they believe there is still a need to change the law. There is obviously a bit of a difference in views at the moment, so we should try to bottom that out. If we can find an issue to debate, I would be very happy to do so, but for the purpose of today, I ask my hon. Friend to withdraw the amendment.
Tim Farron
The two new clauses are about trusting local communities. We are not saying that every meeting must be held virtually, but that local authorities—in this case, planning authorities—should have the power to do so, and for good reason. My preference is for in-person meetings, but for the reasons that have been set out, especially by the hon. Member for Buckingham, local authorities should have that power.
Every part of my patch is parish. There are 67 parishes, and some of them are bigger than most Members’ constituencies and have not very many people living in them. To get from one end of the Lakes parish to the other, people have to pass three or four lakes. We should consider the age profile of some of the members of the parish councils and the distances involved. I said earlier that it rarely rains in the lakes, but occasionally it might. It certainly gets dark at certain times of the year. On a wet November night, holding a meeting on screen rather than physically is probably safer and better for everybody. Let us trust communities to make those choices on the go, and not impose.
The pandemic has been a traumatic and formative experience for us as a culture, as a society and as representatives of the people. We have learned many lessons, and some of them we should carry on with. I was disheartened and disappointed that some members of the Government seemed to be almost determined, as a point of principle, to close down any virtual operation of democracy during the pandemic—never mind at the end of it. It is encouraging to hear a cross-party outbreak of common sense today. It would be great if the Government listened.
Dehenna Davison
As a millennial Minister who is used to swiping and not to turning pages, Members might expect me to say that I prefer virtual meetings, but actually I do not. In-person meetings and the social element are important, yet we saw the value of virtual meetings during the pandemic, at the time when we needed them most. Hon. Members will remember the powers granted through the Coronavirus Act 2020, which allowed local authorities flexibility on remote and hybrid meetings, in certain circumstances. They will also know that those regulations expired back in May 2021. Since that date, all council meetings have had to be in person. The new clauses lean into the terms of those previous provisions and seek to replicate them on a permanent basis, but only for planning committees. I heard the points made by my hon. Friend the Member for Mansfield.
Looking beyond the circumstances of the pandemic, the Government considered that there may be benefits to permanent provisions for remote meetings, and that local councils may be keen to have the flexibility to use that provision as they see fit. I have been lobbied by a lot of my local parish councillors on the benefits that remote meetings can bring.
As my hon. Friend the Member for Mansfield highlighted, the Government conducted call for evidence last year to test the views of those who had participated in and experienced councils’ remote meetings to inform our decision on this matter. I thank the shadow Minister, the hon. Member for Greenwich and Woolwich, and the hon. Member for Westmorland and Lonsdale for their points on trust in local governance and local planning, which we all agree is paramount. Increasing participation is only ever a good thing.
The Department has considered the responses to the call for evidence and we have been weighing the benefits, which hon. Members have highlighted, against views that physical attendance remains important to deliver good governance and democratic accountability. I take on board the point made by my hon. Friend the Member for Mansfield about the investment in the technology that a lot of local authorities had made, which must also be taken into account.
I genuinely thank my hon. Friends for tabling the new clause, but we need to first consider the call for evidence. We will issue our response, which will set out the Government’s intentions. I ask for a tiny bit more patience and for the new clause to be withdrawn.
Greg Smith
The self-styled millennial Minister makes the commitment. Asking for slightly more time seems reasonable to me. However, if we are to be true to localism, I would double-underline and highlight the need to ensure that local people are able to participate in proceedings. Just as we can still have a witness virtually at a Select Committee in this place, councils should have the discretion to use virtual proceedings, to maximise participation locally. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 29
Local authorities to be able to raise planning fees to cover costs including planners
“(1) Section 303 of the Town and Country Planning Act 1990 (fees for planning applications etc.) is amended as follows.
(2) After subsection (5) insert—
‘(5A) Regulations made by the Secretary of State under this section may provide for local planning authorities to vary fees or charges under this section payable to the local planning authority to cover the reasonable costs of their exercise of planning functions.
(5B) In subsection (5A), “reasonable costs” includes the employment of qualified planners.’”—(Greg Smith.)
This new clause would enable the Government to allow local planning authorities to vary planning fees and charges to cover their costs relating to planning, which could include the employment of qualified planners.
Brought up, and read the First time.
Lee Rowley
I thank my hon. Friend the Member for Buckingham for tabling the new clause.
I absolutely accept the validity of this discussion; it is an important one, and I am relatively sympathetic to the point that is being made. It is appropriate that we think through the balance between localism and centralism in this area, and my own personal instincts are that localism should take priority and precedence. So, if he is willing to withdraw this new clause, I am very happy to talk about this matter in more detail.
As I know my hon. Friend will know, we have already committed to increasing planning fees, as part of an earlier discussion. However, I am happy to talk about what he perceives as the need in this area over and above that, particularly given his own local circumstances.
Greg Smith
I very much welcome the Minister’s comments; I fully accept that planning fees are allowed to go up and I look forward to having a discussion with him about how some geographical areas, particularly those areas that border London and that compete with London weighting, need to have greater flexibility.
In the meantime, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 30
Housing powers of the Mayor of London
“(1) Article 7 of the Town and Country Planning (Mayor of London) Order 2008 (direction that the Mayor is to be the local planning authority) is hereby revoked.
(2) Section 333D of the Great London Authority Act 1999 (duties of the Authority and local authorities) is amended as follows.
(3) At the end of subsection (2) (general conformity with the London housing strategy), insert—
‘, but any housebuilding target in the London housing strategy is advisory not mandatory and should not be taken into account in determining planning applications.’”— (Greg Smith.)
This new clause would remove the Mayor of London’s power to direct a London borough that the Mayor will be the local planning authority for a development, and clarify that any housebuilding target in the Mayor’s housing strategy is advisory only.
Brought up, and read the First time.
Greg Smith
I beg to move, That the clause be read a Second time.
We come to the end of this marathon run of new clauses. New clause 30 is one that could be a little bit prickly to navigate.
Without wanting to get into a debate about personalities who occupy the office of Mayor of London, the new clause seeks to test where the principle of localism actually sits, because across the London boroughs there are locally and democratically elected councils or directly elected mayors, and across the whole of the capital there is the Mayor of London. The councils and directly elected mayors, and the Mayor of London, have planning powers, which is an anomaly that has been thrown up and that causes political tension, when there is a Labour Mayor and a Conservative borough, or indeed when there is a Conservative Mayor and a Labour or Lib Dem borough. That tension is real; it exists.
My instinct is always that the most local area should be the one that makes the decision rather than the regional area or a pan-regional area. I accept that that is an ideological position of mine; it is how I believe decisions are best made. However, there is clearly a tension. I have talked to colleagues, such as my right hon. Friend the Member for Chipping Barnet—this new clause has also been tabled in her name—and my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), who has been very engaged in this debate as well, so I know that that tension exists.
It might not be my preference, but it might be the case that the most appropriate decision-making level in London is the regional level, which is the Mayor of London. I do not believe that it is, but that would be a legitimate answer. Alternatively, is it the London boroughs that have primacy when it comes to planning? If we are true to the principle of subsidiarity, it would be the London boroughs, but at the moment that tension exists. However, if we were to make the Mayor’s powers in relation to the boroughs advisory as opposed to compulsory, we would take that tension away.
I offer the new clause to the Committee as one that identifies a very tightly defined geographical problem that affects many Members’ constituencies and causes a lot of community upset, where a London borough’s planning authority is essentially over-ruled by a regional structure.
Lee Rowley
I thank my hon. Friend the Member for Buckingham for tabling the new clause. I will resist the opportunity to defend the current incumbent Mayor of London, as I am sure he would expect, although I know other members of Committee would disagree with me.
A number of us in this room share experience of local government in London; at least three of us here—I apologise if I have missed anyone—served simultaneously on different councils in London. I served on Westminster council for eight years, until 2014. Even when there was alignment between regional and local tiers in terms of party, I recall a number of disagreements about individual applications and the general principle of where the relevant powers should sit. We will probably not resolve that philosophical debate today, other than to say that I acknowledge the concerns of my right hon. and hon. Friends who have put their name to the new clause.
It is particularly important to acknowledge the difference between inner and outer London, and the difficulties of making sure that policies can apply to both areas equally. I think we should tread extremely carefully when considering whether to amend the strategic powers of the Mayor, even if I happen to disagree with much of what the current incumbent does. Although my hon. Friend for Buckingham has made known his strength of feeling about the matter, and that of other colleagues, I ask him to withdraw the new clause.
Greg Smith
I welcome the Minister’s comments, and as I acknowledged, it is a difficult issue to navigate. It almost reopens some of the devolution questions. It is an anomaly that many London colleagues, certainly on the Conservative Benches, feel and I welcome the Minister’s commitment to work with them and me. Like him, I was a London borough councillor just a little way up the river from him for 12 years, some moons ago, and felt the same pressures. If he is willing to work with London colleagues to find a satisfactory way through this, I am content to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 34
Local government capital investments: economic appraisal
“(1) This section applies to local government capital investments of a value of £2 million or more.
(2) Before making an investment to which this section applies, a local authority must—
(a) commission an economic appraisal of the investment, and
(b) publish the findings of that appraisal.”—(Rachael Maskell.)
This new clause would require local authorities to commission, and publish the findings of any capital investment of the value of £2 million or more.
Brought up, and read the First time.
Rachael Maskell
I beg to move, That the clause be read a Second time.
It is a pleasure to move the new clause and to give the hon. Member for Buckingham some respite. The new clause relates to fiscal responsibility in local government. Without proper viability being sought, local authorities can pay millions of pounds on projects and never reap the return. That is why the new clause relates to capital investments and economic appraisals, which should be undertaken and understood, but without a Green Book-style appraisal, local authorities can end up paying and developers and landowners gaining, with ultimately no reward and benefit to the local community. The new clause is designed to ensure that the finances on any project are transparent and for the benefit of local people. It would ensure that there is gain for all and not ultimate loss, not least given that we are talking about the use of public resources. That is why the new clause is important.
The case study to which I want to refer particularly is that of the York Central site. The cost of bringing that site forward is now believed to be £200 million of public funding. As that project moves forward, more and more is being demanded from public sources to fund it, and yet the local authority may never see a return on that investment. City of York’s infrastructure investment was planned to be around £35 million, but it has now been given an estimated debt cost of £57 million based on April interest rates, which will clearly be significantly higher now.
The Department for Levelling Up, Housing and Communities has also put in £77 million and it is believed that more than £50 million will have to come through the Mayor’s budget once it is approved and in place—we are expecting that to be in 2024. In a briefing, councillors were told that the council would need to put in £85 million and debt costs to fill the gap, but we could now be talking about nearer £100 million rather than the £35 million once rejected. As a result, it is necessary to weigh up the viability of the site not for the developers, as set out, but for the local authority. It is that check that is not required for such a project today, but it is really important, not least because local authorities simply do not have the necessary margins and, as a result, have to cut back on vital services to fund such capital projects.
My amendment therefore calls for prudence. On sites where any capital investment over the value of £2 million is made, there must be an economic appraisal commissioned and then published assessing the financial viability of the site to the authority. York Central has been developed for housing, so it will not reap the opportunities that a larger business owner could bring in nor those to do with council tax, as most of the properties being developed will be for investment, not for local residents to live in. They will either be empty units, leading to a cost to our city, or will be turned into Airbnbs, a matter that I will turn to later. Of course, Airbnb falls under the thresholds of flipping the property, not paying council tax and not paying business rates either, so the local authority loses millions of pounds as Airbnbs dodge the system.
At a time of significant austerity in local government, it is crucial that more scrutiny is given to the costs it has to expend on sites. My amendment simply calls for proper governance over finances and, at a time when the whole nation is looking at how Governments at all levels are more prudent with the spending of their money, it is right to bring forward such a measure to ensure that public money is spent in a way that will see its return and will be for the benefit of the people, not the developers and landowners who ultimately gain from such development.
Dehenna Davison
I am grateful to the hon. Member for York Central, who always talks incredibly passionately about her constituency. I thank her for bringing her experience of the capital project she mentioned to the Committee. As a Conservative, my ideology tells me that ultimately we always need to get best value for taxpayers’ money.
The Government recognise the importance of local capital investment for economic growth, improved public services and meeting our priorities, such as on housing delivery. That is why we need a robust system that supports the benefits of local decision making and allows sensible investment while safeguarding taxpayer’s money and protecting the local government finance system. Unfortunately, in recent years a small minority of local authorities have taken excessive risks with taxpayers’ money; they have become too indebted or have made investments that have ultimately proved too risky. That is why we need to ensure that the system is fit for purpose.
The changes made through clause 71 provide a flexible range of interventions for the Government to investigate where capital practices may have placed financial sustainability at risk and to take steps to remediate issues if necessary. We think that that is sufficient to address risk.
We have recently taken a number of steps to improve the transparency of local authority capital investment and borrowing. Last year we completed our data survey, which is designed to extract new data from local government and fill our identified information gaps. As of February 2022, we amended our regular statistical returns to obtain more detailed data on local authority investment activity. That will provide the Government with the clarity they need on the performance of investment assets as well as the location and risk management of investment properties.
Rachael Maskell
I am grateful for the Minister’s contribution. However, will she acknowledge that even if the viability of a site stands up, some of the investors in it may not? What ultimately happens is that local authorities become the backstop for financing and have to fill the gaps in order for those sites to be brought forward. As a result, the benefit goes to the developer and the risk sits with local authorities.
Dehenna Davison
I have certainly heard what the hon. Member has said, and we all have examples from our own constituencies and authorities. The current legislation and statutory codes allow local government to appraise risks as they stand. Alongside that, the monitoring and provisions that we are seeking through clause 71 will provide central Government with assurance. We think that the new clause is unnecessary, and I ask the hon. Member to withdraw it.
Rachael Maskell
I am grateful to the Minister for giving way again. Reflecting on the example that I gave, will she say how her Department would scrutinise the funding of sites such as the one in York Central to assess the viability of the local authority’s having to make increased contributions? Has the Department done that?
Dehenna Davison
I will be happy to follow up with the hon. Member on that point in writing.
Rachael Maskell
I thank the Minister for her response, but I am not satisfied that what she says will be sufficient to ensure that there are safeguards on local public resourcing that is brought forward on a site, particularly one as important as the York Central site, where eye-watering sums of money are being spent. I will therefore read with care what she writes to me to see whether there are sufficient safeguards. If I am not satisfied, I will want to return to this issue at a further stage of the Bill, but for now I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 38
New use classes for second homes and holiday lets
“(1) Part 1 of Schedule 1 of the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764) is amended as follows.
(2) In paragraph 3 (dwellinghouses)—
(a) for ‘whether or not as a sole or’ substitute ‘as a’, and
(b) after ‘residence’ insert ‘other than a use within Class 3B)’.
(3) After paragraph 3 insert—
‘3A Class C3A Second homes
Use, following a change of ownership, as a dwellinghouse as a secondary or supplementary residence by—
(a) a single person or by people to be regarded as forming a single household;
(b) not more than six residents living together as a single household where care is provided for residents; or
(c) not more than six residents living together as a single household where no care is provided to residents (other than a use within class C4).
Interpretation of Class C3A
For the purposes of Class C3A “single household” is to be construed in accordance with section 258 of the Housing Act 2004.
Class C3B Holiday rentals
Use, following a change of ownership, as a dwellinghouse as a holiday rental property.’”—(Tim Farron.)
This new clause would create new class uses for second homes and short-term holiday lets.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Lee Rowley
I thank Opposition Members for tabling the new clauses, and I understand why they have done so. In all processes, there will be challenges; there will be difficulties at the margins in how things work and where people try to push boundaries beyond where they are intended to be. I do not disagree that there will be examples around the country where PDRs have not been used in the right way, in the same way that there are problems with the existing planning system when people go through planning applications, or with enforcement when people have not done that.
There are problems in all systems, and I accept that the Government’s job is to try to minimise those problems while recognising that it is always a work in progress. I particularly accept the challenge that the hon. Member for York Central made about holiday lets and the like. I am happy to discuss that with her separately, if that would be helpful.
There is obviously a question about where we strike the balance between enabling processes to continue to happen in a way that is sped up, gives certainty and clarity, and brings out the “right answer” most of the time, and where additional consideration or time, or additional processes, are required. The latter all comes with cost, in terms of time and clarity, for those making applications. That balance is very difficult to strike, but we are trying to strike it by ensuring that the PDRs in the system, but also a significant proportion of applications that potentially require further consideration, go through the normal process.
The challenge that I have with the new clauses—I absolutely do not mean to caricature them—is that, in the way that they are written, they seek a review of every single element of PDRs. I know that the Opposition Front Benchers know that a significant amount of permitted development rights are relatively uncontroversial. The Opposition are effectively saying that, in order to look at problems that are understood and that need consideration and review—I am happy to talk to them about what we should do with those, if we are able to—we must also look at every single other PDR, including things such as how porches, chimneys, flues and microwave antennae are changed.
I am not sure that is the Opposition’s intention, so I gently ask them to consider withdrawing the new clauses on the basis that, while I am happy to continue the conversation, I think that their approach may be disproportionate to their intention.
Mrs Lewell-Buck
The Minister admitted that PDRs are not being used in the correct way. He feels that our new clauses seek a review of every element of PDR, but if he and the Government do not want to review every element, what elements would they review? He has already admitted that the system is not working properly, so will he offer an alternative?
Lee Rowley
For clarity, I said that no system is perfect. That is not necessarily a recognition that anything is systemically wrong, although I am happy to debate individual instances if Opposition Members believe that to be the case. We will never create a perfect system. I am sure that we all intend to make the processes better. There will be differences of view, both in the Committee and outside it, about where it is appropriate to draw lines in terms of the use and non-use of PDRs. That will be a discussion long after we have left this place. I am keen to hear from colleagues on both sides of the House about where they think PDRs are not working in the ways that we hope, recognising that no system is perfect but hoping that they are used correctly in most instances. I do not think, however, that it is proportionate to do a wholesale review of PDRs at this stage.
Mrs Lewell-Buck
I thank the Minister for being generous in giving way again. I do not think that he quite understood the point that I was making. He said that PDRs are not being used in the right way, so where do he and the Government feel that they need to be looked at? I am not getting any clarity.
Lee Rowley
I am happy to clarify. I did not say that PDRs were not being used in the right way; I said that no system—
Lee Rowley
I know that Hansard will demonstrate the context. I was saying that no system is perfect. I was not making any comment on individual PDRs, but I have said to colleagues on both sides of the Committee that I am happy to discuss individual areas where they have concerns, outside of a proposal for every single one of the 155-odd PDRs to be reviewed in detail within a timeframe that is not particularly proportionate. If there is a problem, let us talk about it in individual areas, but this approach is disproportionate. I hope that the Opposition will consider withdrawing the motion and having a separate discussion about specific instances that have been raised, and others that they are concerned about.
Rachael Maskell
I listened carefully to the debate, and I am grateful for all the contributions to it. The Minister will know that we are not putting forward a plan to tear up the whole PDR framework; we are simply calling for a review, as we believe is appropriate. After a scoping review, we would determine which points to drill down on, to ensure that we are looking at the parts of the system that are simply not working. That is the intention behind the new clause. Although it has a broader scope, it homes in on some of the challenges in the system. I therefore do not think that the proposal to put a scoping exercise in the legislation is unreasonable. I welcome the Minister’s offer of dialogue on these matters, which clearly are significantly impacting our communities. Dialogue will be really important. I will not press my new clause to a vote, but I will certainly take up that offer.
Levelling-up and Regeneration Bill (Twenty Sixth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 20th October 2022
(2 years, 2 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 20 October 2022 - (20 Oct 2022)
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Rachael Maskell
It is a pleasure to serve with you in the Chair, Mr Hollobone, on the final day of our proceedings on this incredible Bill. I want to place on record my thanks to all the Clerks for the support they have given the Committee, particularly when writing our amendments.
There are omissions in the levelling-up agenda. Future generations, let alone the current one, will not forgive a levelling-up plan that fails to focus on the natural environment and to ensure that people have equal access to our greatest assets. Equitable access to the environment needs to be in the Bill through a specified mission. Some 70% of UK adults have said that being close to nature improves their mood, saving the NHS at least £100 million a year, with a nature-rich space leading to healthier and happier people. One in three people in economically deprived areas does not have access to green spaces within 15 minutes of where they live. These measures are therefore vital for our mental and physical health. It is often those who live in urban, deprived communities with the least connection to our natural environment who suffer the most. Making tacking that issue a central mission of the levelling-up agenda would prove that this Government understand that enrichment is for everyone and would bring Government focus to it.
I have constituents who have never been to the country, children who have never run along a beach and adults who have never climbed a mountain, never got lost in a forest and never been to a place where they can breathe the cleanest air. Without nature, our wellbeing is impaired, productivity falls and poverty rises—that is inequality, not levelling up. Access to the natural environment must therefore be a central mission if levelling up is to have any purpose at all.
New clause 46 would place a duty on Ministers to identify and maintain a network of sites for nature, to protect at least 30% of the land in England for nature by 2030, and that land must be monitored and managed for conservation and restoration. If, like me, you miss hedgehogs—perhaps they have no connected corridors—or birds, bees and butterflies, which we have failed to protect from pesticides and whose habitats we have failed to save, you will understand why this new clause is important. If you live somewhere like York and see more and more severe flooding because grouse moor shooting practices have damaged the upper catchment, you will want to see that practice stopped and the land restored. Our incredible natural environment was created to be in perfect balance, but our interference has caused so much harm.
We have a serious duty to monitor the natural environment, end the harm and restore nature before it is too late. Homing in on key sites must be our priority. We have heard so much this year about the climate emergency, and COP15 is highlighting the ruinous state of our natural environment. Just over the weekend, I was reading a WWF report that states that, on average, 69% of populations of mammals, birds and fish have vanished since 1970. We have to stop and save. My new clause would be the first step in that and would show that the Government were serious, not grandstanding, on such a serious issue.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
It is a pleasure to serve under your chairmanship again, Mr Hollobone. I am again delighted to find some common ground so early in the Committee sitting; I think we were three minutes in when the hon. Member for York Central mentioned her love for hedgehogs—something that I definitely share. I thank her for these proposals, which aim to address the importance of the environment within the levelling-up framework.
New clause 44 concerns the inclusion of a specific mission on environmental equality. While I fully appreciate the sentiment behind it, the missions as depicted in the levelling-up White Paper are the product of extensive analysis and engagement already. They are supported by a clear range of metrics, which will be used to measure them at the appropriate levels of geography. They take into account the wider range of inputs, outputs and outcomes needed to drive progress in the overall mission. They cover a wide range of policy issues that are all clearly linked to the drivers of spatial disparities.
The Government have already explicitly acknowledged the importance of natural capital in the White Paper. As an asset, it underpins sustainable GDP growth, supports productivity over the medium term and provides resilience to future shocks. Natural capital has been estimated to be worth £1.2 trillion in the UK alone. It also has a place under the 25-year environment plan, which sets out the Government’s plans to help the natural world regain and retain good health. It pursues cleaner air and water in our cities and rural landscapes, protection for threatened species and provision of richer wildlife habitats. Importantly, the Environment Act 2021 already contains provision for the setting of long-term environmental targets for England, which is also referenced in the levelling-up White Paper, so the Government’s commitment to the environment is incredibly clear.
The Bill is designed to establish the framework for the missions, rather than the individual missions themselves. The framework provides an opportunity to scrutinise the substance of the missions and further environmental protections against a range of existing Government policy.
New clause 46 aims to establish a duty on relevant Ministers to identify and maintain a network of sites for nature. The Government have already committed to protecting 30% of land for nature by 2030 and to developing the most appropriate approach to increasing and enhancing protected land as we do so. Protected sites are our best existing areas for nature, providing places within which species can thrive, recover and disperse. The nature recovery Green Paper sought views on how the protected site system in England could be improved to better deliver our domestic and international biodiversity objectives, including our commitment to protect 30% of land by 2030 and wider species recovery. We are considering responses to the Green Paper and will be publishing our response in due course. This is the means through which the Government will implement and identify sites for the 30 by 30 commitment, but I hope the Government will be given the opportunity to respond on the Green Paper first. On that basis, I hope I have provided enough reassurance for the hon. Member for York Central not to press her new clauses.
Rachael Maskell
I have to disagree with the Minister that such priority is being given to the natural environment. This has to be a central mission, not least because of the recognition that she has given to the value of natural capital. While the 25-year environment plan sets out an ambition, it is weak on targets and monitoring. We need to go far further, which is what this proposal will do if it is a central mission in levelling up.
On new clause 46, I note that the Government are consulting on the issue, and I am interested in the responses. I will not push these new clauses today, save to say that the natural environment does not have high enough priority in this legislation, but it is essential for our future. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 45
General duty to reduce health inequalities and improve well-being
“(1) For the purposes of this section ‘the general health and well-being objective’ is the reduction of health inequalities and the improvement of well-being in England through the exercise of functions in relation to England.
(2) A public authority which has any functions exercisable in relation to England must prepare and publish a plan to be known as a health inequalities and well-being improvement plan.
(3) A relevant planning authority must have regard to the general health and wellbeing objective and that plan when preparing relevant plans, policies and strategies.
(4) A relevant planning authority when making a planning decision must aim to ensure the decision is consistent with achieving the general health and well-being objective.
(5) In complying with this section a relevant planning authority must have special regard to the desirability of—
(a) delivering mixed-use walkable neighbourhoods which accord with the 20 minute neighbourhood principle; and
(b) creating opportunities to enable everyday physical activity, through improving existing and creating new walking, cycling and wheeling routes and networks and natural spaces.
(6) For the purposes of subsection (5)(a), neighbourhoods which accord with the 20 minute neighbourhood principle are places where people can meet most of their daily needs including food shops, schools, health services and natural space within a 20 minute return walk of their home.
(7) Where the relevant authority is a local authority, in complying with this section, the authority must—
(a) include specific objectives for access to natural spaces and ensure that those objectives are met;
(b) ensure that the objectives established under subsection (a) set out standards for high quality accessible natural green and blue spaces, using Natural England’s Accessible Natural Greenspace Standards as a baseline, and going beyond these standards where possible; and (c) implement and monitor the delivery of those objectives.”—(Rachael Maskell.)
Brought up, and read the First time.
Tim Farron (Westmorland and Lonsdale) (LD)
It is a pleasure to serve under your guidance today, Mr Hollobone. On this last day of the Committee, I want to put on record my thanks to the Clerk here and those who are not present for their work and support throughout the Committee. I also thank colleagues on both sides. Although I have been disappointed that the Government have not accepted amendments from the Opposition or from their own Back Benchers, I have nevertheless appreciated the courtesy with which that has been done. I have enjoyed this time on the Committee with all Members present—I genuinely mean that.
I have a few words to say on the new clause. Health inequalities are hugely significant for levelling up, and I want to pick just two issues that affect rural communities—not just mine, but others too. I will start with GPs. In my constituency alone there has been a 17% drop in the number of GPs in the past five and a half years—that is more than one in six GPs gone—and the average GP there serves 403 more patients than they did in 2016. Any Government criticism or implied criticism of GPs not seeing people quickly enough needs to be seen in that context. Let us support our GPs with the resources they need, rather than lambasting them.
It is worth pointing out that that period coincides with the time since the Government got rid of the minimum practice income guarantee, and I am going to argue that those things are connected. The minimum practice income guarantee was money that supported small, often rural, surgeries to ensure they were sustainable. Its removal has led to the closure of a number of surgeries, including the current threat to the Ambleside and Hawkshead surgeries in my constituency. A new small surgeries strategic rural fund could support those surgeries, make sure we do not lose more and bring some back.
The second issue is about cancer. In the north of Cumbria, 59% of people with a cancer diagnosis are not seen within two months of their diagnosis—they are not being treated for the first time for more than 62 days after diagnosis. In the south of Cumbria, the figure is 41%. Either way, that is outrageous. People are dying unnecessarily.
There are a whole range of reasons for that. One is the lack of easy access to radiotherapy. According to the Government’s national radiotherapy advisory group, any patient who has to travel more than 45 minutes one way for radiotherapy treatment is in receipt of “bad practice”. That information was published a few years ago now, but it still absolutely stands, clinically and in every other way. There is not a single person living in my constituency who can get to treatment within 45 minutes—not one. Mobile or satellite units at places such as Kendal and Penrith are absolutely essential. If we are going to tackle levelling up and health inequalities between rural areas and others, we need to ensure that small rural surgeries are properly funded and that there are satellite radiotherapy units.
Dehenna Davison
I am grateful to the hon. Member for York Central for raising this incredibly important issue. All hon. Members will agree that it is vital that we safeguard the health and wellbeing of our nation. The Health Secretary talked about the ABCD of national priorities—ambulances, backlogs, care, and doctors and dentistry—and giving her time to tackle them is incredibly important. That is why the Government have introduced a new approach to co-ordinating local efforts to improve health outcomes, and why we have already set clear expectations through planning policy.
Rachael Maskell
I am incredibly grateful to the hon. Member for Buckingham for raising that issue. He is absolutely right; we need to look at the broadest possible scope. This particular issue has been raised within the Church of England, but he is right—there are many places of worship that should be marked as community assets.
When those assets are disposed of, communities should have a right to access them and bid for them, as we have discussed during previous stages of the Bill, rather than them going straight to market sale. That leaves communities devoid of any assets whatsoever. It is so important for communities to have the option to maintain an asset and use it for multiple purposes, including as a place of worship or as a place to serve the community.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
I thank the hon. Member for York Central for putting forward the new clause. She powerfully made her point about the importance of church properties and church land at the centre of our communities. We have all recently seen buildings that have brought communities together for decades and centuries, very sadly, no longer able to continue in the way that they have previously, and they may be released for other purposes. I accept that; we all regret it and many people in the communities regret it. I have an example in my constituency: there was a long-standing campaign for St Andrew’s Parish Church in Barrow Hill, which concluded only a few months ago. It was an early version of a church built along the lines of the arts and crafts movement. It has significance, and yet it looks as though it will leave ecclesiastical aegis.
I completely understand the hon. Member’s sentiment and she has made a cogent case for the new clause, but the challenge—and why I will ask her to withdraw it—is that the assets of community value scheme allows local communities to make applications to retain community assets where they think it is reasonable and proportionate. On balance, while I accept her point, it would be better to allow local communities to continue to make those decisions. When the challenges that she highlighted arise, I hope that communities try to ensure that churches are protected as much as possible.
James Cartlidge (South Suffolk) (Con)
This is an issue dear to my heart.
It is a very good new clause. I cycle every year in Suffolk churches’ “Ride and Stride” to raise money to protect their incredibly expensive infrastructure. We have wool churches in South Suffolk, which are very beautiful, but whether beautiful or not, they are very important to their communities.
In 2015—I think—we had the church roof fund, which was used where there was very serious degradation. We then had a spate of lead theft, which further undermined churches. We may be rejecting new clause 47, but are the Government considering specific measures, and perhaps working with the Church of England, to see what more we can do?
Lee Rowley
I am grateful to my hon. Friend for his intervention. He is absolutely right that, historically, we have attempted to address such issues, both through the continuation of the asset of community value process, which allows local communities to try to intervene should they feel that appropriate, and the community ownership fund, which is £150 million of taxpayer subsidy that supports communities to save at-risk assets.
Although I accept the point made by the hon. Member for York Central, my personal preference, and that of the Government, is that local communities reserve the right to request assets of community value and to go through that process. Automatically designating churches as assets of community value may not be appropriate in all circumstances. I ask that the hon. Lady kindly withdraw the motion.
Rachael Maskell
I want to pick up on a couple of points. I thank the hon. Member for South Suffolk for raising his concerns. Considerable public money is invested in many such historic buildings before they end up at market, so we need to consider that opportunity. However, churches are not just ordinary buildings; they are very special buildings in our communities. We must consider the broader value that such places bring to our communities. Although I will not press the motion to a Division, I hope that the Minister will regard this as a new issue on his desk and that, when we have debates on later stages of the Bill, he will look further at how we can protect these vital community assets. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 48
Requirement to hold a referendum for large and strategic sites
“(1) A planning application which a local planning authority has received is subject to approval by residents in a referendum in either of the following cases—
(a) the planning application is for a site of two hectares or over, or
(b) the planning application is for a site of one hundred housing units or over.
(2) The local planning authority may not approve an application under section (1) unless the result of the referendum is to approve the application.
(3) Where the result of the referendum is not to secure an application the applicant may resubmit an application to the local planning authority if the following conditions are met—
(a) they have carried out further public consultation on the plan, and
(b) the plan has been substantively revised as a result of this consultation.”—(Rachael Maskell.)
This new clause would require planning applications for large and strategic sites to be subject to approval by residents in a referendum.
Brought up, and read the First time.
Lee Rowley
This is an interesting set of new clauses, on which I could detain the Committee for many hours, although I wonder whether it would be keen on that. In the interest of brevity, I will limit my comments, because the clauses go to a philosophical question about where and how decisions should be made, and about the rights of individuals to at least propose activities on their own property with their own capital.
A single principle that has been part of the planning system for many decades is that people have the right to make applications within an existing and approved framework or, if that existing and approved framework is not in place, within the broader national planning policy framework, and for them to be heard. Although I understand the point made by the hon. Member for York Central, that important principle should be upheld.
There is a broader question about whether we should seek to disintermediate the planning system more generally in terms of public involvement, but that is probably one for another forum. I would be happy to debate that question with the hon. Lady, as it raises a number of broader and more interesting issues. As an expert in this area, she will know that it is important to note that the significant number of interventions currently in the planning system allow people to have their say.
I do not necessarily think that the system is broken, but a lot of people feel that their voices are not heard at the right time or in a substantive way, and I completely appreciate their frustration, even if I am not sure about the kind of structural reforms that the hon. Lady proposes. Fundamentally, if local councillors do not consistently do the right thing on planning—if they fail to bring forward local plans, fail to be clear about what should or should not go into plans and where things should or should not go, and fail to create a framework because there has been no local planning, or the framework is wrong—residents should vote them out and replace them with councillors who will. That is what happened in North East Derbyshire in 2019, and I encourage all local residents who feel that their councillors are not consistently doing the right thing on planning over many years to look at whether they have the right leadership in place.
Although the hon. Lady made a strong point—with which I agree—about the importance of democracy in the planning system, I hope that she will not press the new clauses, as I do not think they are necessarily the way to go at this time.
Rachael Maskell
I am sure the residents of York will heed the Minister’s advice in May and ensure that they have a council that engages with them and listens to their needs. While we wait for that event, I think it is clear that, across the planning system, communities may have a voice but they do not have the power to influence decisions. We need to ensure greater democratisation of our planning system, which should be about people and communities, and their homes, futures and jobs. At the moment, the planning system is insufficient in helping people to level up, which is what the Bill is all about.
The Minister has heard my arguments, and I am sure that we will debate this further, but I trust that, in the interim between this stage and Report, he will give further consideration to how that balance can be tipped more towards communities, ensuring that they have a proper say, so that that the Bill does not become another developers’ charter under which developers hold all the cards and all the power. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 51
Disposal of land held by public bodies
“(1) The Local Government Act 1972 is amended in accordance with subsections (2) and (3).
(2) In section 123 (disposal of land by principal councils), after subsection (2) insert—
‘(2ZA) But the Secretary of State must give consent if the disposal is in accordance with section [Disposal of land held by public bodies] of the Levelling-up and Regeneration Act 2022.’
(3) In section 127(3) (disposal of land held by parishes and communities), after ‘(2A)’ insert ‘, (2ZA)’.
(4) The National Health Service Act 2006 is amended in accordance with subsection (5).
(5) After section 211 (acquisition, use and maintenance of property) insert—
‘211A Disposal of land held by NHS bodies
Any power granted by this Act to an NHS body to dispose of land is exercisable in accordance with section [Disposal of land held by public bodies] of the Levelling-up and Regeneration Act 2022 as if the NHS body were a local authority.’
(6) Subject to subsection (8), a disposal of land is in accordance with this section if it is in accordance with the Local Government Act 1972 General Disposal Consent (England) 2003 published in Department for Communities and Local Government Circular 06/03, as amended by subsection (7).
(7) Those amendments to the Local Government Act 1972 General Disposal Consent (England) 2003 are—
(a) after paragraph 1 insert—
‘(1A) This consent also applies to any NHS body in England as if it were a local authority in accordance with section 211A of the National Health Service Act 2006;’;
(b) in paragraph 2(b), for ‘£2,000,000 (two million pounds)’ substitute ‘£3,000,000 (three million pounds) or 40% of the unrestricted market value, whichever is greater’;
(c) for paragraph 3(1)(vii) substitute—
‘(viii) a Police and Crime Commissioner established under the Police Reform and Social Responsibility Act 2011;’;
(d) for paragraph 3(1)(ix) substitute—
‘(ix) the Mayor’s Office for Policing and Crime;’;
(e) for paragraph 3(1)(x) substitute—
‘(x) the London Fire Commissioner;’;
(f) after paragraph 3(1)(xii) insert—
‘(xiii) a combined authority;
(xiv) a mayoral combined authority;
(xv) the Greater London Authority;
(xvi) any successor body established by or under an Act of Parliament to any body listed in this sub-paragraph.’.”
(8) The Secretary of State may, to reflect inflation, further amend the cash value that the difference between the unrestricted value of the land to be disposed of and the consideration for the disposal must not exceed.—(Tim Farron.)
This new clause would bring an amended and updated version of the Local Government Act 1972 General Disposal Consent (England) 2003 into primary legislation, extends its application to NHS bodies and clarifies that the Consent applies to Police and Crime Commissioners, MOPAC and the London Fire Commissioner.
Brought up, and read the First time.
Rachael Maskell
I, too, want to support the new clause and briefly draw attention to the way that we need to ensure that public land is used for public good. Whether it has been NHS Property Services, which has been selling off land to private developers, or Network Rail, which has been using its land to maximise capital receipts, or the Ministry of Defence selling off much of its estate, which we know has not gone well for the Government, we need to ensure that this type of land is used to build the homes that people need now and in the future. I can cite many examples of places in York where it feels that the city is, bit by bit, being sold off—not for the public benefit, but for the benefit of developers. That is why I will support this new clause today.
Lee Rowley
I thank the hon. Members for Westmorland and Lonsdale and for York Central for expressing their views on this new clause.
The legislative framework governing the disposal of surplus land is, as the hon. Gentleman outlined, a long-standing one and it is designed to protect taxpayers’ money. The starting point is that land should generally be disposed of at the best price that is reasonably obtainable. However, as he also indicated, there are on occasions the opportunity to dispose of land for less than its maximum value where that creates wider public benefits, such as facilitating community projects. Therefore, it is possible, with the Secretary of State’s consent, for local authorities to dispose of land at less than best consideration in some circumstances.
As the hon. Gentleman also indicated, a general consent is in place for disposals where there would be a loss of value of up to £2 million, and in those cases it is at the discretion of local authorities, and above this threshold—as he also indicated, because he is seeking to change it—disposals require a specific application to the Secretary of State for consent. The legislative framework is designed for local authorities and other locally accountable bodies. It already includes the fire commissioner, and other bodies are accountable in different ways to different regimes.
So, while I completely appreciate the sentiment that the hon. Gentleman expressed, and I have read the correspondence from the hon. Member for Twickenham—although I cannot comment on individual cases, I know that she is making a very clear case regarding a particular instance within her Twickenham constituency—I ask him whether he would be prepared to withdraw the new clause. I know that it seeks to offer solutions.
As a new Minister, I would be interested to understand in more detail from the hon. Member for Twickenham the specific problems that she sees, and while I cannot give her any guarantees, if she wants to write to me with that detail I will happily read it and go through it in more detail. However, at this time I ask him whether he would consider withdrawing the new clause.
Tim Farron
I appreciate the Minister’s response. I am also grateful for the remarks from the hon. Member for York Central. This is a huge issue for all of us and there is much public land, particularly in a community such as mine, with multiple local authorities and, indeed, predecessor local authorities, national parks and all the other parts of the public sector that are present. Sometimes, that land becomes available and there are opportunities for us to make good public use of those other properties in ways that get far more lasting value to the community than a slightly inflated cash value upfront that could then be spent filling a black hole, no doubt, for next year’s budget.
I will not press this to a vote, as the Minister asks, but I encourage him to engage with my hon. Friend. If I could push him, I am sure she would be very grateful to have a sit down with him to talk through the issue to see whether he could provide additional guidance. All we are really asking for here is that the Government update the list of what counts as a public body and accept that there has been some inflation since 2003. They are not big asks, and I ask that the Government take those things into account. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 56
Annual pubs reports
“(1) Each tier 2 local authority in England must produce an Annual Pubs Report.
(2) A report under this section must consider the latest trends in pubs and on-licensed establishments across the authority.
(3) The Secretary of State may by guidance suggest the contents of such reports.
(4) Central government must provide funding to local authorities to cover the costs of this new responsibility.”—(Alex Norris.)
Brought up, and read the First time.
Dehenna Davison
The shadow Minister is absolutely right: this is an area where we have found a lot of common ground in the few days that I have been serving on Committee. Long may that common ground continue. We can all recognise the incredible value of our hospitality businesses. I am sure that for many of us in this room, myself included, it is where we got our first experience of the job market in our first roles that gave us some of the skills that we needed to move through our careers. For many people, as the shadow Minister rightly outlined, it is not just a pub or a restaurant; it is somewhere we go to have a bit of company, to have a chat, to celebrate or commiserate, so it is right that we do all we can to get hospitality businesses through what has been a really difficult few years. That is why we have recently taken steps through the energy bill relief scheme to try to provide support for hospitality businesses and recognise the unique challenges that they face. That will be a vital tool to ensure they get through this difficult winter; and through kickstart we are helping businesses to recruit more staff.
On the specifics of the amendment, data on the hospitality sector is already available. The Office for National Statistics publishes a range of regional data, including on the output of the sector, the number of hospitality businesses and the number of workers they employ. I am keen not to duplicate the incredible work of trade bodies such as UKHospitality, the British Beer and Pub Association and the British Institute of Innkeeping, as well as organisations such as Statista and IBISWorld, who provide regular updates and industry statistics and reports detailing the state of the hospitality sector from its position of incredible expertise.
I am concerned that if we implemented the amendment, we would create an extra reporting requirement, putting an additional requirement on businesses at a time when they are already facing unprecedented costs and challenges. As I have already outlined, the Department has established a new spatial data unit to drive forward the data that we have in central Government. That could have a role to play when it comes to the hospitality business. More broadly, the amendment is unnecessary, so I ask the hon. Gentleman to withdraw it, although we are all on the side of hospitality businesses at this difficult time.
Alex Norris
I am grateful for that answer. I have a slight concern that relying on the data alone might make us a little reactive in this space, but I hope the Minister will think more about the idea of having it as part of a spatial data suite. That would be a valuable thing. I note her previous commitment to meet the Campaign for Real Ale, which is very interested in this. On that basis, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 57
Review of England's public conveniences
“(1) The Secretary of State must, within 6 months of the day on which this Act is passed, appoint commissioners to consider the level of need for public conveniences in England and the extent to which current provision matches that need.
(2) The Secretary of State must publish the report of the Commissioners before the end of the period of 12 months beginning with the day of their appointment.”—(Alex Norris.)
Brought up, and read the First time.
Alex Norris
Yes, changing place toilets are hugely important. I pay tribute to Martin Jackaman, the pioneer of those places and a Nottinghamian. Where available, changing places have been life-transforming for some of the most profoundly challenged families in the country. We want more such places, and to be clear that everyone going out in their city or town centre should have access to such provision—with a hoist and all those things that make the difference. That is why the issue is important.
On my new clauses, first, new clause 57 proposes a review of public conveniences. The Government would be asked to form an independent panel to assess the level of need for public conveniences within various communities and, having determined that need, to assess the level of provision. If there is a gap—I suspect there might well be—the panel should ascertain its root causes and make recommendations about what might be done to rectify the situation. I hope that the Government will encourage the devolved Administrations to undertake similar exercises.
Secondly, as addressed in new clause 58, one of the barriers to improving provision is a bit of a gap in ownership of the problem. Therefore, my new clause suggests that there should be a new duty on tier 2 councils to produce a local public convenience plan. That is not to dictate how councils use their resources, but it seems reasonable to have a plan for provision in the area. One would hope to work with partners for public convenience provisions and accountability.
Thirdly, new clause 59 is one proposal that could close the gap more quickly. Where businesses—we should recognise that many businesses up and down the country already do this—allow their toilet facilities to be used by non-patrons, that is a wonderful thing. If they do so, that could be reflected in the business rate. I am interested in the Minister’s views. My new clause might not be ready for the legislation today. That range of things would help close the gap in provision. We cannot afford to do nothing in this area. The gaps should close, but they continue to be a limiting factor on our high streets and in our town centres. I am interested to hear the Minister’s views.
Dehenna Davison
I have just taken the Committee on a virtual trip to the pub, so it only seems right that we should go to a public toilet on the way back. We know how important public toilets are for all of us, but in particular for some of the more disadvantaged groups, such as the disabled or those with young children. The shadow Minister was right to outline some of the particular challenges.
I thank the hon. Member for York Central for talking about changing places. As she will know, in the past year we have introduced a £13 million changing places fund, which has been fantastic in allowing local authorities to improve their provision. We all recognise that public conveniences are incredibly important, but they are very much a local issue. Local areas know best what provision they need—be that of public toilets or other amenities—alongside other local priorities that they hope to deliver.
New clause 57 would require the appointment of a commissioner to consider the level of need for conveniences, and public convenience plans would be required under new clause 58. Such changes would risk increasing bureaucracy, while decreasing the importance of local decision making. The shadow Minister will have heard me banging on in Committee about this, but it is certainly not what the Bill is about; it is about empowering local decision making and local leaders. It would be disproportionate for the Government to legislate on such a fundamentally local issue. Many local authorities already operate local community toilet schemes to encourage cafés and other businesses to open their toilets to the public. The Government welcome that and we encourage all local authorities to consider whether such a scheme would be beneficial in their area.
I will keep my points on new clause 59 brief, because the shadow Minister said that he did not intend to press it today. However, I pay tribute to my hon. Friend the Member for North West Durham (Mr Holden), who does not sit on the Committee but campaigned passionately to have business rates removed from public toilets. He ran an incredibly successful campaign, and it was implemented through the Non-Domestic Rating (Public Lavatories) Act 2021.
On the amendment generally, our concern is that we would legislate on this, but the impact on the overall business rates bill would be incredibly minimal given the relatively small floor space. On that basis, we do not think the clause is necessary or proportionate at this stage. I hope the shadow Minister will withdraw his new clause.
Alex Norris
I am grateful for those answers. On the point about increasing bureaucracy, I do not think it would be a huge increase. I also think areas might benefit from a bit more bureaucracy and professional interest. I accept the points on localism, which has been a theme of many of the amendments we have moved. I think when we seek to understand and configure the state here—and we can talk for hours about devolution—it is about local leadership and circumstance, but there also has to be something about the national environment setting. I felt that the clause had passed that test.
This issue is not going to go away. I hope the Minister will keep reflecting on it as she spends longer in her brief. There are many interesting stakeholders in this space, who I know will be keen to meet with her. I suggest that they get in touch. I do think this is an important issue, and I do not think the current circumstances reflect that, nor will they get better if left alone. At some point, we will have to enter this space, but it probably is not today. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 63
Minimum carbon compliance standards for new homes
“(1) The Secretary of State must make Building Regulations under section 1 of the Building Act 1984 providing that new homes in England must meet the full requirements of the Future Homes Standard from 1 January 2023.
(2) A local authority in England may choose to require and enforce minimum carbon compliance standards for new homes in its area which exceed the Future Homes Standard from that date.” —(Tim Farron.)
This new clause would bring forward from 2025 the date for which the Government’s Future Homes Standard for carbon compliance of new homes would apply. It would also give local authorities the option of imposing higher standards locally.
Brought up, and read the First time.
Tim Farron
I beg to move, That the clause be read a Second time.
The crises we are going through at the moment—the political one in this place, the cost of living crisis, and even the appalling Russian-inspired war in Ukraine—are secondary compared to the threat of climate change to our species and way of life. The buildings we live, study and work in are the single biggest contributors to greenhouse gases in this country and in others. The role of central and local government in ensuring we minimise and reduce to zero carbon emissions from our buildings and in particular from our homes, existing and new, has to be an absolute imperative.
The Government’s failure to tackle this in any meaningful way over the last few years does not only have lasting and terrifying climate consequences; it also has consequences today, as people are feeling in their pockets the cost of paying for energy bills. The Government through programmes have sought to champion our existing building stock. The green homes grant, for instance, was meant to help 600,000 homes and would on today’s prices have saved £1,800 a year, but 600,000 homes were not helped—only 43,000 were. That lack of ambition in central Government’s plans to insulate the stock that already exists is matched by a lack of ambition out there in the country when it comes to new builds.
Most local authorities, certainly ours in Cumbria, are determined to ensure that new builds are built with zero-carbon specification, yet they are not allowed to. If they seek to enforce zero-carbon homes when it comes to insultation, heat pumps, solar panels or a variety of other mechanisms that will ensure there is literally a zero carbon footprint from that property, the developers can object if they think they will incur an unreasonable expense, and the council or planning authority are powerless to do anything about it. It is incredibly frustrating.
This new clause is significant, as it will genuinely empower local authorities to do the right things, which they desperately want to. It breaks the heart of councils of all political parties when they see what they need to do and are not allowed to enforce it. The clause will allow them to do the right things, and more importantly even, it will do something to reduce energy costs and make a meaningful contribution to the battle against climate change. This is a really important clause, so I will seek to push it to a vote, because I think the Government have had plenty of time to take action of their own initiative over the last few years. I commend the new clause to the Committee.
Lee Rowley
I am grateful to the hon. Gentleman for outlining the new clause. I am afraid the Government will not be able to accept it, so we will no doubt have a Division in a moment, although I ask him to consider not pushing it to a vote. If he wishes to do so, that is of course his right.
Tim Farron
I beg to move, That the clause be read a Second time.
In the least surprising development of this entire Committee, I will talk about electoral reform, which, on the day after the centenary of Lloyd George’s leaving office, seems like the entirely right and appropriate thing to do. If only he had done it when he had the chance.
This is a serious point about devolution. The reality is that we have been permitted over the past few years to have different electoral systems, such as the supplementary vote used for electing Mayors and police and crime commissioners. In Scotland, the single transferable vote operates successfully for local government, and Northern Ireland has its own separate arrangements. If we trust local people, and if the Bill is about devolving power to local communities, it seems entirely reasonable to suggest that the Government allow local authorities to choose from a range of reasonable options the system that they deploy—and to do nothing more than use the system that the Conservative party normally uses for electing its leader. I point out that I am moving the new clause only because the Government chose recently to remove the supplementary vote from the election of Mayors and police and crime commissioners.
Before I shut up and sit down, I wish to reflect on the fact that in the past couple of years the Government have demonstrated an interesting example of changing the electoral system without a referendum. That makes one think, does it not? If the party or parties who form the next Government have a commitment to electoral reform in their manifestos, there is no need for a referendum. It is a precedent that the Government may wish they had not set.
Dehenna Davison
If it is no surprise to the Committee that the hon. Gentleman brings up electoral reform, it will be no surprise to him that I stand to ask him kindly to withdraw his new clause, because the Government absolutely cannot accept it. We are all clear about the merits of first past the post as a robust and secure way to elect representatives. It is well understood by voters and provides for strong and clear local accountability, with a clear link between elected representatives and those who vote for them, in a manner that other voting systems may not.
It is important that the voting system is clearly understood by electors and they have confidence in it. We have spoken a lot in Committee about local confidence in local politics. Ensuring confidence in the voting system is paramount. Having different systems for neighbouring areas risks confusion for electors. We are a very mobile population: we could work in one area and have family in another. That confusion could be a real risk and could weaken public confidence in the local electoral process.
There is also the risk of political manipulation. For example, the current controlling group on the council could seek to choose and implement a system that it believes would favour it. Although I accept that there could be various safeguards to mitigate that risk, I do not consider that it could be entirely removed.
Elections are the foundation of local democracy, which is central to our values and to our being a free society; we should protect and nurture it. I could talk about this all day, but I will not detain the Committee any further. I ask the hon. Gentleman to withdraw the new clause.
Tim Farron
I will not press the new clause to a vote, but I will comment on the irony of the Minister saying that parties should not support electoral systems that advantage them, and of suggesting that there is some kind of automatic stability and clarity about Governments that are elected via first past the post. It is all going swimmingly at the moment.
There is this idea that there may be confusion between different systems. As a Cumbrian, I can completely cope with the fact that the Scots, just over the border, have a totally different electoral system for local and parliamentary elections. My Conservative friends in Westmorland and Eden are perfectly capable of voting by alternative vote for their leader and by first past the post for their Member of Parliament or councillor. The arguments made by the Minister do not hold water, but I will not trouble the Committee by pushing the new clause to a vote. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 65
Review into business rates system
“(1) The Chancellor of the Exchequer must undertake a review of the business rates system.
(2) The review must consider the extent to which the business rates system—
(a) is achieving its objectives,
(b) is conducive to the achievement of the levelling-up and regeneration objectives of this Act.
(3) The review must consider whether alternatives of local business taxation would be more likely to achieve the objectives in subsections (2)(a) and (b).
(4) The review must in particular consider the effects of business rates and alternative local business taxation systems on—
(a) high streets, and
(b) rural areas.
(5) The review must consider the merits of devolving more control over local business taxation to local authorities.
(6) The Chancellor of the Exchequer must lay a report of the review before parliament before the end of the period of one year beginning with the day on which this Act is passed.”—(Tim Farron.)
This new clause would require the Secretary of State to review the business rates system.
Brought up, and read the First time.
Tim Farron
I beg to move, That the clause be read a Second time.
Me again—sorry. The Government have made quite a thing recently about their investment zones, which are interesting. We talked about them earlier in Committee. One idea behind them is that they create a low-tax environment, which misses the major point that faces most of Britain and certainly the whole of the north of England: business rates are the high tax that destroys high streets, puts off entrepreneurs, snuffs out young and small businesses and damages local economies, rural and urban alike.
New clause 65 would require a review of the business rates system to ensure that business rates are reformed and, indeed, replaced. They are harmful to our economy. They directly tax capital investment in structures and equipment, rather than taxing the profit of a fixed stock of land. We should abolish the business rates system and replace it with a commercial landowner levy, shifting the burden of taxation from tenant to landowners. That would benefit deprived communities in particular. In terms of business rates, the whole of the north is over-rated—I should be very careful: it is over-business rated. It is not over-rated; it is of course the best part of planet Earth.
Kendal, Windermere, Penrith and communities throughout Cumbria are thriving compared with many places—we are lucky to have so many independents—but the gaps that we have in our high street we have in large part because business rates are totally unfit for purpose. They are a drag on investment and snuff out entrepreneurial zeal. If the Government really wanted to create investment zones, they would create them on every high street in the country by scrapping or reforming business rates.
Dehenna Davison
I am grateful to the hon. Gentleman for raising this issue, about which we have all had local businesses, shop owners, shop workers and other constituents contact us. I am sure the hon. Gentleman will be aware that the Government reported on the business rates review, which was published with the 2021 autumn Budget. We will respond to the ongoing technical consultation in due course. At the Budget we also set out a range of measures to reduce the burden of business rates on all firms, including freezing the business rates multiplier, new support for businesses that are improving and greening their properties and additional support for high street businesses. It was a package worth more than £7 billion to businesses over the next five years.
I will keep this relatively brief. I understand the hon. Gentleman’s intention, but I suggest that the provision is unnecessary. Should the Government wish to undertake a further review of business rates, we would not require legislation to do so. I fear that putting that requirement into primary legislation would be unduly restrictive, create unhelpful bureaucracy and actually slow the possible rate of change.
Tim Farron
The Government do not need legislation to do most of what is in the Bill—just get on with it. Levelling up is something they can just crack on with. Business rates are a massive drag on investment in our high streets. If I heard in what the Minister said any commitment to look at that seriously, so that the obvious burden was addressed, those with the wealth to pay business-related taxes pay more, and communities in the north of England as well as those struggling in the south paid a fairer and lower rate through a new system, I would be prepared to withdraw the motion. On the condition the Government are seriously looking at that, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 66
Disability accessibility standards for railway stations
“(1) The Secretary of State must take all reasonable steps to ensure that railway stations in England—
(a) provide step-free access from street to train, and
(b) meet in full and as soon as possible the disability access standards in the Design Standards for Accessible Railway Stations Code of Practice published by the Department for Transport and Transport Scotland in March 2015.
(2) Any requirements made in conjunction with that duty may not make any exemptions or concessions for small or remote stations.
(3) In undertaking the duty in subsection (1) the Secretary of State may—
(a) make an application to the Office of Rail and Road under section 16A (provision, improvement and development of railway facilities) of the Railways Act 1993;
(b) revise the code of practice under section 71B (code of practice for protection of interests of rail users who are disabled) of the Railways Act 1993;
(c) amend the contractual conditions of any licenced railway operator;
(d) instruct Network Rail to take any action the Secretary of State considers necessary in connection to the duty.
(4) The Secretary of State must report annually to Parliament on performance against the duty.” —(Tim Farron.)
This new clause places a duty on the Secretary of State to ensure that railway stations meet disability access standards.
Brought up, and read the First time.
Tim Farron
I beg to move, That the clause be read a Second time.
This is the last provision of a suite from me, and it is really important to me as a person with members of their family who have disabilities and as someone who many years ago worked for Lancaster University in a role supporting students with a range of disabilities.
At the time that the Disability Discrimination Act 1995 came into force, one of the glaring errors was that many older buildings were allowed to continue to be thoroughly inaccessible. I am particularly concerned about railway stations, of which there are many in my community. We are blessed with the Settle to Carlisle line; the Lakes line; the Furness line; and, of course, the main line through Oxenholme to Penrith and beyond. I am deeply concerned that there are stations throughout our country, but particularly in my community, that are not just slightly inaccessible but totally inaccessible.
In particular, I am concerned about Staveley station, which is on the Lakes line from Oxenholme to Windermere. Staveley is the first village in the Lake district. It is a beautiful and vibrant place, with a young community. It is a community that, often, lives there but works elsewhere. There are 41 steps up to Staveley station. There is zero accessibility, not just for people with a disability but for people with pushchairs or anybody who has any baggage with them. That is outrageous.
Because Staveley is a relatively small station, the Government’s schemes and funds such as Access for All, as well as those of previous Governments, were never in a million years going to give it any money. In the end, it is outrageous that one of our railway stations—I could also mention Arnside in my constituency and Ulverston in the constituency of my neighbour, the hon. Member for Barrow and Furness (Simon Fell)—has serious accessibility problems. It is outrageous that just because these are not huge main line stations they are inaccessible for many people in our community.
New clause 66 seeks to prevent the kind of bidding game that we will always lose because the station is too small. It makes it compulsory for there to be direct decent access to railway stations for people with disabilities and other mobility issues.
Lee Rowley
I thank the hon. Member for tabling the new clause. I completely accept that access to railway stations—and his particular point about smaller railway stations—is hugely important, and over a long period of time we absolutely must seek to improve accessibility where we are able to do so.
Matthew Pennycook (Greenwich and Woolwich) (Lab)
I beg to move, That the clause be read a Second time.
As we are approaching the end of this Committee’s life, I will take the opportunity to thank the Clerks, Doorkeepers, Hansard reporters and House staff for facilitating our work over what I must say has felt—I do not disparage the Committee in saying this—like a lot longer than four months. We are, thankfully, near the end. This is a simple, straightforward and, I hope, unproblematic new clause for the Government, so I do not need to detain the Committee long in speaking to it.
Despite the strong arguments made by the Opposition at the time—I recall them personally because I served on the Bill Committee—the Government were determined to include within the Housing and Planning Act 2016 provisions requiring local authorities to sell higher-value council homes as they fell vacant, and to remit the income generated from such sales to the Treasury to fund the extension of the right to buy to housing association tenants. The sections of that Act that required local authorities to make a payment in respect of their vacant higher-value council homes came into force on 12 May 2016, but the consequential determinations were never made.
Having, one assumes, finally appreciated the severe impracticalities of the measure, as well as, one hopes, the social consequences of further reducing England’s already depleted social housing stock, the Government announced in their 2018 social housing Green Paper that they would no longer require local authorities to make higher-value-asset payments. In the words of that Green Paper, the sale of high-value homes
“should be a decision to be made locally, not mandated through legislation”
as they had previously felt was necessary.
However, in addition to making it clear that the Government would not bring those provisions of the 2016 Act into effect, the 2018 Green Paper said that the Government would look to repeal the relevant legislation, “when parliamentary time allows”. Yet, with four years having passed, and all manner of legislation having been taken through the House during that time, the Government have still not repealed those provisions.
New clause 67 simply seeks to have the Government finally implement the decision that they made and outlined in the 2018 Green Paper, and thereby undo the mistake that they made six years ago.
Mr Hollobone, we both know that Ministers have been clearly told to resist all amendments to this Bill, however sensible they might be, but I hope that the Under-Secretary of State for Levelling Up, Housing and Communities, the hon. Member for North East Derbyshire, might see, on this occasion, the soundness of the new clause. I do not think that there is any credible or justifiable reason why this Bill cannot be the legislative vehicle to undo the provision, which the Government have decided should not have been in the 2016 Act. However, if he will not do that, will he please tell us when and how the Government intend to do what they committed, in 2018, to do?
Lee Rowley
As the hon. Gentleman anticipates, I will not be encouraging the Committee to accept this amendment, although I understand the points behind it, which the hon. Gentleman has already articulated. In the spirit of his brevity, I will seek to be so, too.
The Government have made a number of commitments previously and stand by those commitments. As the hon. Gentleman has indicated, the provisions laid out in chapter 2 of part 4 of the Housing and Planning Act 2016 have not been brought into effect, and there is no intention of doing so. The provisions lack a regulatory framework to underpin the policy, so there is no risk of local authorities being subject to them before we are able to legislate in the future.
The Government remain of the view that legislation will be brought forward, but do not believe that the Levelling-up and Regeneration Bill is the best vehicle for that, as it does not largely address social housing. We therefore wish to focus on the measures within this Bill, while recognising that there will be no change to the status quo—the reality for local authorities around the country—on this matter. We will bring forward further consideration of this point in due course.
Lee Rowley
I am grateful to the hon. Gentleman for this new clause, yet unsurprisingly we will be asking him to withdraw it, too. I understand the sentiments behind it. I think we would all agree that we want a planning system that works and is effective, efficient and expedited where possible, and that appropriate consideration should be given at local level to ensure that placemaking is at the heart of what it does, but this particular new clause is, in my view, too prescriptive. This almost takes me back to my pre-parliamentary days when we were doing organisational design within individual companies. The one thing that we had as a principle was that organisational design needed to be flexible between different organisations, depending on their needs and requirements at the time and the areas that they needed to focus on.
Of course planning should always be a focus, but it is another question whether we need to put formal lines between particular officers and the chief executive, if there even are chief executives in certain local authorities—there are not all the time—so there is a secondary level of conversation about whether it would be section 151 officers or would be dealt with elsewhere. But I do not want to get too lost in the weeds. Although I accept the sentiment of the hon. Gentleman, I do not think it is proportionate to mandate these kinds of elements. I absolutely agree with him that local councils should discharge their responsibilities adequately, carefully and expeditiously. I hope that they will do that. We will continue to consider, in the Department, what we can do to ensure that that happens. But on this occasion, I hope that the hon. Gentleman will consider withdrawing the new clause, given that I do not think it is necessary.
Matthew Pennycook
I thank the Minister for that response. I take on board and appreciate the point that he makes about proportionality and whether this new clause is too prescriptive in that regard. I hope that he at least sees the concern that we have tried to highlight with the new clause, which is not only, as I said, the general issue with skills capacity but the status of planning officers within local authorities as a whole and whether that has an impact on planning outcomes. I hope that, given what I have said, the Minister will go away and give the issue some further consideration, not least in terms of what we will come to shortly, which is the skills strategy that the Government are outlining, but I do not intend to press the new clause to a Division. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 71
Comprehensive resources and skills strategy for the planning sector
“(1) The Secretary of State must, within 12 months of this Bill securing Royal Assent, publish a comprehensive resources and skills strategy for the planning sector.
(2) The strategy published under subsection (1) must—
(a) include an assessment of the effectiveness of local planning authorities and statutory consultees in delivering upon their existing duties and functions,
(b) include an assessment of the additional resource required for local planning authorities and statutory consultees to carry out new responsibilities and duties established by this Act,
(c) set out a funding strategy for a minimum five-year period that meets the assessed resource need under paragraph (2)(b),
(d) include an assessment of the skills and capability of the planning sector and statutory consultees to carry out new responsibilities and duties established by the Act, and
(e) explain how the Secretary of State intends to address the skills and capability needs of the planning sector as set out under paragraph (2)(d).”—(Matthew Pennycook.)
This new clause would commit the Secretary of State to publishing a comprehensive resources and skills strategy for the planning sector within 12 months of the Bill securing Royal Assent and would specify what such a strategy should include.
Brought up, and read the First time.
Matthew Pennycook
I beg to move, That the clause be read a Second time.
Me again, Mr Hollobone. New clause 71 is in my name and those of my hon. Friends the Members for Nottingham North and for Coventry North East. As I made clear just now, the Government have promised to bring forward a planning skills strategy for local planning authorities, and the commitment to do so is set out in the policy paper that accompanies the Bill. We believe that a strategy to address the skills gap is essential to improving the planning system and we support the Government’s efforts in this area. Not only is there an existing problem—as we have just discussed—when it comes to skills shortages within local authority planning departments, but, as we have discussed in many previous sittings, the Bill will require the implementation of entirely new processes; an increase in planning staff with specific specialist skills such as design; and improved capabilities, not least in terms of a mastery of digital and geospatial data and technologies. Therefore, additional pressures are coming down the line as a result of this legislation.
However, the commitment included in the policy paper accompanying the Bill refers only to a planning skills strategy rather than the
“comprehensive resources and skills strategy”
proposed in the 2020 “Planning for the future” White Paper. We believe that that is problematic. As we have debated on numerous occasions during this Committee’s proceedings, there is a clear need for additional resources for local planning authorities—a need that the many new burdens and duties provided for by the Bill will only serve to render more acute. We therefore believe that the Government were right in the 2020 White Paper to commit to a more comprehensive strategy that encompassed both skills and resources. New clause 71 would place a duty on the Government to publish that more comprehensive strategy within 12 months of the Bill securing Royal Assent and would specify what such a strategy should contain. I look forward to hearing the Minister’s response.
Lee Rowley
This is an interesting new clause but one that I ask the hon. Gentleman to withdraw. I think we share the underlying objective, which is to ensure that our planning system is well resourced, well managed and well executed, but there is the general question of whether we need to legislate for these things, and my view is that we do not need to legislate in the depth that he suggests. I hope he will take some assurance from the fact that this has been discussed several times in my short period in post, including as recently as yesterday, when I spoke to the chief planner on this matter. We continue to consider it in what I hope the hon. Gentleman would think is the detail it deserves. However, I hope he will withdraw the new clause, because I am of the view that the issue does not require legislation in order for the discussion to continue.
Matthew Pennycook
I appreciate the Minister’s response. The new clause was probing, as he will have seen, and I therefore do not intend to press it to a vote. I am reassured that he has already discussed the issue—several times, I think he said—in his short time in post. I hope he will take away the points that I made. We think we need a skills strategy, and I urge him to think about how planning departments in local authorities might be better resourced to do what they need to do. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 72
Local consent for onshore wind projects in England
“(1) The Secretary of State shall within six months of this Bill securing Royal Assent remove from the National Planning Policy Framework the current restrictions on the circumstances in which proposed wind energy developments involving one or more turbines should be considered acceptable.”—(Matthew Pennycook.)
This new clause would commit the Secretary of State to revising the National Planning Policy Framework within 12 months of the Bill securing Royal Assent to remove the onerous restrictions it currently places on the development of onshore wind projects by deleting footnote 54.
Brought up, and read the First time.
Matthew Pennycook
I tabled new clause 72 some time ago, with a view to pressing the Government to remove the de facto moratorium imposed for many years on the development of onshore wind. The growth plan, published late last month, committed the Government to doing just that, by bringing onshore wind planning policy into line with planning for other forms of infrastructure. As hon. Members know, most of the measures set out in that growth plan have been junked as part of the humiliating mini-Budget U-turn, but having seen no evidence to the contrary—the Minister might disappoint me again in this regard—we assume that the decision to remove onshore wind planning restrictions is one of the few to have survived the cull. Even if that is the case, it remains unclear how the Government intend to deliver on that commitment, so that this cheap form of renewable energy generation can be deployed more easily across England. New clause 82 probes the Government on that point.
Three categories of onshore wind project are needed in large numbers: first, projects that are larger than the 50 MW threshold for nationally significant infrastructure projects; secondly, projects that are below that 50 MW threshold; and, thirdly, smaller community energy projects. Each is addressed specifically by new clause 82. Proposed new subsections (1) and (2) would unpick the 2016 regulations that removed onshore wind in England from the nationally significant infrastructure projects process set out in the Planning Act 2008, meaning that proposed onshore over 50 MW could secure consent through the development consent order system. Subsections (3) and (4) would require the Government to set out in a written ministerial statement how national planning guidance will be amended quickly to enable local authorities to determine applications for onshore wind projects below 50 MW. Finally, subsections (5) and (6) would require the Government to bring forward a plan clarifying how smaller community energy projects will be supported.
To meet our emissions reduction targets and the predicted increase in demand for electricity in coming decades, as the decarbonisation of our economy advances, there is a pressing need to increase our onshore wind capacity rapidly. The Climate Change Committee recommended the installation of between 22 GW and 29 GW by the end of this decade. As Labour Members will continue to argue, doing that at pace would have the added benefit of reducing bills, creating good jobs and bolstering our energy security.
I hope that the Minister will engage thoughtfully with the new clauses, and perhaps provide the Committee with some answers as to how the Government intend to implement the decision set out in the growth plan in respect of onshore wind.
Lee Rowley
The hon. Gentleman has received some assurances since he tabled new clause 72. The Government have looked at the issue again, and I am grateful for his acknowledgment of that. I am afraid that I will disappointment him. I completely understand and accept the importance of the issue, while acknowledging that it is a sensitive one in certain parts of the country. I accept that the Committee has been in existence for many months, debating many important things, but given the salience and importance of this policy issue to our broader national discourse, I suggest that it be considered more broadly than simply in this Committee. We will bring forward further information about our continuing commitments and intentions in this area in due course. However, that is not something I can do in Committee.
Matthew Pennycook
The Minister is determined to disappoint me in our exchanges, but I accept that he feels unable to opine on the Government’s intentions regarding the onshore wind that they have committed to allowing via the planning system and the various routes that I have mentioned. I hope that the situation will be clarified at a later stage. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 73
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.)
This new clause would place an overarching duty on the Secretary of State, local planning authorities and those involved in neighbourhood plan-making to achieve the mitigation and adaptation of climate change when preparing plans and policies or exercising their functions in planning decision-making.
Brought up, and read the First time.
The Chair
I know it is a bit cheeky of me, but does the Minister have a long speech or a short one?
Lee Rowley
In the spirit of the brevity that you have requested, Mr Hollobone, let me say that I am grateful to the hon. Gentleman for the new clause, and I share his optimism about our ability to deal with climate change, but I also recognise that that it will take time, as we outlined in debate on previous clauses. Consequently, I will resist the new clause.
As the hon. Gentleman outlined in a number of ways that I will not repeat, there are already significant legal requirements on local authorities to consider climate change, as well as a national policy requiring local planning authorities to take a proactive approach to climate change. I cannot give any guarantees, but I will certainly consider his points, because that is an important part of the housing brief. On this occasion, however, the new clause is unnecessary, and I ask him to withdraw it.
Matthew Pennycook
The Minister will appreciate that I find that response disappointing; there is a clear difference of opinion. We think that the existing duties, requirements and guidance are not having the intended effect that he outlined, and we feel strongly that there is a case for amending primary legislation to ensure that the planning system aligns fully with the Climate Change Act and other statutory frameworks.
I know that we are on the clock, Mr Hollobone, so I will not labour those points, which have been made before, but to drive home how important we feel the issue is, I will press the new clause to a Division.
Levelling-up and Regeneration Bill (Twenty Seventh sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 20th October 2022
(2 years, 2 months ago)
Public Bill CommitteesLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 20 October 2022 - (20 Oct 2022)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Alex Norris (Nottingham North) (Lab/Co-op)
I beg to move, That the clause be read a Second time.
It is a pleasure to resume proceedings with you in the Chair, Mrs Murray. I feel strongly about the new clause. It relates to the community power that we feel is missing in the legislation. I will make a big case for it, and am interested to hear the Minister’s views. It is an important new clause, which would strengthen the Bill and make a strong contribution to achieving the levelling-up mission, in particular to increase pride of place in every part of the UK by 2030.
A community right to buy, as set out in the new clause, would build on the existing community right to bid legislated for in the Localism Act 2011 and its statutory instruments, which gives communities the right of first refusal once buildings and spaces with significant community value come up for sale. The Department for Levelling Up, Housing and Communities’ own research shows, however, that the existing legislation is not quite doing the job: only 15 assets make it into community ownership for every 1,000 listed as an asset of community value.
Under a much stronger community right to buy, a community organisation or group that is able to raise the required funds when an asset of community value comes up for sale would be able to purchase it without competition. The new clause would extend the existing moratorium from six months to 12 months, because the process of not only raising capital but preparing and building a business plan takes time. Six months has clearly not been enough. This could be a transformative change for many community organisations and the places where we live, and the new clause is very compatible with high street rental auctions, which we discussed in part 8.
In too many places, we see shuttered-up shops and empty buildings blighting high streets and town centres. They are often left vacant by distant private landlords with little stake in places. Members will have stories about that from their constituencies, I have no doubt. Introducing a community right to buy would be a recognition that it is time for that to change. It would give communities new powers to take control of assets in their area and, where assets are in community ownership, we know that vacancy rates are lower, footfall is driven to other businesses, more money stays in the local economy and hiring is more diverse—certainly more than if they are unoccupied.
As I said, the rental auctions are a welcome provision, but the new clause goes further. There is an important point of distinction between the Government and the Opposition on this legislation. Whatever the politics of levelling up, the Bill is born out of a consistent message that we have heard from our communities for a number of years: they want a greater say in what happens in their communities. Having been promised devolution, however, what they will get from the Bill is a transfer of power from Whitehall to, generally, regional or sub-regional bodies. That is a good thing, and we support those provisions in the Bill, but it is an incomplete process; it needs to be accompanied by a transfer of power from town halls and sub-regional bodies to local communities to shape place. People expect that, but as yet do not have it in the Bill. The new clause is a good step to rectifying that. I hope to hear that the Minister is keen.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
I thank the hon. Gentleman for the new clause and for talking us through it. We absolutely agree that the issue is significant and one that we need to get right. Buildings such as community centres and pubs are a hugely important part of our social fabric. I understand the intent behind his community right to buy proposal. We share the same sentiments about getting the process right and giving communities an appropriate and reasonable opportunity to see whether they can take action, while ensuring that the process is not too long or difficult to be feasible.
I absolutely accept the need to review the existing legal and policy frameworks underpinning community ownership. We have said already in the levelling-up White Paper that we will consider how the existing assets of community value framework could be enhanced, but we probably need more time to consider that and whether changes to the framework are workable in practice. It needs consultation and discussion with stakeholders, and we need to work through the implications in significant detail. Although I accept and understand the point that the hon. Gentleman is making, I would prefer not to accept these proposals at this time. I will review them in more detail separately.
I hope that the hon. Gentleman feels that the commitments in the levelling-up White Paper and those I have given just now are sufficient, notwithstanding other activities that may be happening elsewhere on this estate and beyond, and that he will withdraw the new clause.
Alex Norris
I am pleased to hear that, in concept, the Government agree with this proposal. That is good news, and those who are campaigning and active in this space will be very glad to hear that.
There is obviously a commitment to this in the White Paper, and the Minister has accepted that the Localism Act provisions will not do. There needs to be a change, so it needs to be looked at and amended, but the Minister said that the vehicle for that is not the Bill. That seems really strange to me; it seems exactly the moment to do it. I take the Minister at his word, as I always do, and we will continue to advocate very loudly for this change. The hon. Member for Wigan (Lisa Nandy) and I are particularly keen on it. I hope there will be an opportunity in this Session to do that.
I do not intend to divide the Committee on the new clause. If I am entirely honest, I think the vote that will change the future of community power will be a general election, rather than a Division in this Committee, so I am happy to withdraw the new clause on that basis, but it will not go away. The public demand for it will only grow, and we as politicians have to demonstrate that we understand that people want this. We must deliver on it, even if it is not today. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 75
Homes England Statutory Objects
“(1) Section 2 of the Housing and Regeneration Act 2008 is amended as follows.
(2) After subsection (1)(d), insert—
“(e) to ensure that spending decisions by Homes England are designed to deliver Levelling-up,
(f) to reduce regional inequality by delivering homes and stimulate related economic activity,
(g) to report to Parliament annually assessing the progress that has been made in reducing regional inequalities.”—(Alex Norris.)
Brought up, and read the First time.
Alex Norris
That is precisely why I tabled the new clause. Writing that into the fibre of the being of Homes England would make a real difference in those areas, as my hon. Friend says. The Minister may be able to give us some clarity, but I understand that a revised strategic plan for the Department has been drafted. I will be keen to know from the Minister, if he is unable to tell us quite what is in that, when we might get to see it, and whether it is his view, as it was that of the then Under-Secretary of State for Levelling Up, Housing and Communities, the hon. Member for Harborough that levelling up will be reflected as a priority for the agency in the coming years.
Lee Rowley
The new clause seeks to introduce, as the hon. Gentleman outlined, a series of further statutory obligations on Homes England. Although I understand the sentiments behind those additional statutory obligations and we all, on both sides of the Committee, accept and wish to promote the underlying objectives of levelling up—even if we may disagree about how to describe it—I am not personally convinced that we require additional statutory objectives here.
Homes England is a delivery body. It is a body charged with undertaking the work that is effectively set by the Department. It is a very big delivery body and goes over numerous different areas. I am already working closely with it and look forward to doing so further. However, it is charged with delivery, and the delivery of something requires the Department to set what that is, so my preference remains that we do not legislate on something like this, but that the conversation and discussion continues between the Opposition and the Department and between the hon. Member for Nottingham North and me in order to confirm what the Opposition wish to see in this area and then what the Government wish to see. I think that that is an area, a discussion and a responsibility that should remain with the Department, and then the Department can inform the delivery body of what to do, rather than us mandating in legislation what the delivery body should do. For those reasons, I ask the hon. Gentleman to consider withdrawing the new clause.
Alex Norris
I am grateful for that answer. I am not particularly excited by how this happens; my wish is just that it does happen. But I am grateful for the Minister’s answer and his explanation of how he feels. I have absolutely no issue with it sitting as a departmental prerogative. I do not think the two things need to be in tension. The thing for me is that we will keep pushing on this point. I was not as clear, I have to say, from the hon. Gentleman’s answer as I have been from previous answers from previous Ministers that it remains the position of the Government. Perhaps that is something that will be followed up on in due course, because this is really important. The one thing we know about levelling up is that it takes active interventions and that if we leave things to the market or to how things currently are, that will not deliver, so there has to be something different in this regard. I think that this measure was something different, and improving. It has not been successful today and I will not push it to a Division, but we will, again, stay on this point. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 76
Standards Board for England
“(1) There is to be a body corporate known as the Standards Board for England (‘the Standards Board’).
(2) The Standards Board is to consist of not less than three members appointed by the Secretary of State.
(3) In exercising its functions the Standards Board must have regard to the need to promote and maintain high standards of conduct by members and co-opted members of local authorities in England.
(4) The Secretary of State must by regulations make further provision about the Standards Board.
(5) Regulations under this section must provide for—
(a) a code of conduct of behaviour for members and co-opted members of local authorities in England,
(b) the making of complaints to the Standards Board a member or co-opted member has failed to comply with that code of conduct,
(c) the independent handling of such complaints in the first instance by the Standards Board,
(d) the functions of ethical standards officers,
(e) investigations and reports by such officers,
(f) the role of monitoring officers of local authorities in such complaints,
(g) the referral of cases to the adjudication panel for England for determination,
(h) about independent determination by the adjudication panel its issuing of sanctions,
(i) appeal by the complainant to the Local Government and Social Care Ombudsman,
(j) appeal by the member or co-opted member subject to the complaint to the Local Government and Social Care Ombudsman, and
(k) the governance of the Standards Board.
(6) In making regulations under this section the Secretary of State must have regard to the content of Chapter II (investigations etc: England) of Part III (conduct of local government members and employees) of the Local Government Act 2000, prior to the repeal of that Chapter.
(7) The Standards Board–
(a) must appoint employees known as ethical standards officers,
(b) may issue guidance to local authorities in England on matters relating to the conduct of members and co-opted members of such authorities,
(c) may issue guidance to local authorities in England in relation to the qualifications or experience which monitoring officers should possess, and
(d) may arrange for any such guidance to be made public.”—(Mrs Lewell-Buck.)
This new clause seeks to reinstate the Standards Board for England, which was abolished by the Localism Act 2011, but with the removal of referral to standards committees and the addition of appeal to the Local Government Ombudsman.
Brought up, and read the First time.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
It is a pleasure to serve under your chairmanship again, Mrs Murray, in this last sitting of the Committee. I know everyone in the room is incredibly saddened about that.
I am grateful to the hon. Member for South Shields for tabling this new clause. She is right that it truly is an honour for anyone in elected life to be able to serve their community. We all must do so with the highest regard for integrity and public service. However, we will not accept the new clause. I will outline a few reasons why.
The Standards Board for England, which was established under the Local Government Act 2000, was a flawed regime. It was a deliberate decision in the Localism Act 2011 to abolish it. During its short existence, the Standards Board for England allowed politically motivated and vexatious complaints, which had a chilling effect on free speech within local government. As a central Government quango, it was clearly incompatible with the principles of localism.
The Government’s position remains unchanged since then. That was recently restated in our response to the Committee on Standards in Public Life’s review of local government ethical standards. The Government consider that it is the right of the electorate to determine who represents them and that local issues are best resolved locally. The abolition of the Standards Board restored power to local people. The new clause would effectively reinstate that flawed regime. All councillors are ultimately held to account via the ballot box. On that basis, I ask the hon. Lady to withdraw the new clause.
Mrs Lewell-Buck
I thank the Minister for that response. We could rehash all the arguments that were heard last time, but I will not detain the Committee for long. The Minister claims that there were politically motivated and vexatious complaints. The other argument is that there were some genuine complaints. Sanctions were put on councillors and it stopped them from acting in such a manner in the future. Of course the electorate can decide, but sometimes they cannot decide for four years, which is a long time if somebody is abusing public money and their position. For now, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 78
Responsibility of executive councillors to answer questions
“(1) Chapter 2 of the Local Government Act 2000 (executive arrangements) is amended as follows.
(2) After section 9DA (functions of an executive: further provision) insert—
‘(9DB) Responsibility to answer questions
A councillor who is a member of an executive must take all reasonable steps to give a timely answer any question about the executive, its functions or the local authority (including about standards of conduct) from any councillor of the local authority that is asked—
(a) in writing, or
(b) orally in a council meeting.’”—(Mrs Lewell-Buck.)
This new clause would establish a legal requirement for executive councillors to answer written questions from fellow councillors and oral questions in council meetings.
Brought up, and read the First time.
Mrs Lewell-Buck
I beg to move, That the clause be read a Second time.
The new clause is in my name and that of my hon. Friend the Member for York Central. I will be brief; I sense that the mood of the Committee is that everyone would like us to finish as soon as possible. This new clause is in much the same spirit as new clause 76 and new clause 79, which we will consider later. Local government can be a mystery to many people. Anyone logging on to their council’s website or attending a meeting would testify to how confusing procedures can be. In this place, those who hold the position of Secretary of State or Minister are rightly asked questions in the Chamber, in the public domain. We may not always like the answers—in fact, I very rarely do—but the process allows a level of public accountability. In local councils, though, it is up to local councillors whether they answer questions from other members. I am aware that the executive members of many councils already do, but I have also witnessed the opposite approach, where every single question is dismissed, shut down or deferred for a written response. Surely those in senior elected positions, such as council leaders, or cabinet members who hold responsibility for a service and budgets, should answer questions from other members. To refuse to do so is to be unaccountable. New clause 79 seeks to positively enhance the public’s faith in their local government representatives. Once again, I look forward to the Minister’s views.
Dehenna Davison
I am grateful to the hon. Lady for the new clause, which has a noble aim. I think we all believe that the transparency of any executive, national or local, is incredibly important. Accountability is equally important, particularly considering the point about trust in politicians and politics.
As the hon. Lady outlined, the new clause would put into statute a requirement for executive councillors to answer questions from other councillors. It is vital that back-bench councillors be able to hold the executive to account. In their published constitutions, many councils will already set out the procedure for both elected members and members of the public to ask questions at full meetings of the council, or at any other committee meeting. However, we firmly believe that the Government would be going beyond the role that they should play in local matters if they required in law that such councillors answer questions. Local authorities are already subject to checks and balances as part of the local government accountability framework. In addition, authorities with executive governance arrangements are required to have overview and scrutiny committees, governed by statutory guidance, to ensure that members of the authority who are not part of the executive can hold the executive to account. It would not be right for central Government to dictate the minute details of local authority arrangements, although I appreciate the noble aim behind the new clause. I kindly ask the hon. Lady to withdraw her new clause.
Mrs Lewell-Buck
I thank the Minister, and I am happy to beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 79
No role for councillors in recruitment or duties of monitoring officers
“(1) The Local Government and Housing Act 1989 is amended as follows.
(2) In section 5 (designation and reports of monitoring officer), after subsection (1) insert—
‘(1ZA) No elected councillor of a relevant authority in England may have any role in—
(a) the recruitment or selection of the officer designated monitoring officer under subsection (1), or
(b) the performing by the monitoring officer of the functions imposed by this section and, where relevant, section 5A.’” —(Mrs Lewell-Buck.)
This new clause would prohibit the involvement of elected councillors in the recruitment or duties of officers appointed to monitor lawbreaking, maladministration, failure and injustice within a local authority or its executive.
Brought up, and read the First time.
Mrs Lewell-Buck
I beg to move, That the clause be read a Second time.
I appreciate that the majority of local authority appointments of chief officers such as chief executives or monitoring officers are made after a robust interview that has followed human resources processes. Those processes can involve senior elected members. However, I have witnessed, and am aware of local authorities that experience, inappropriate or partial influence being exerted when officers are conducting operational business. I recall once sitting with a chief executive and a leader, and the leader was demanding that something be done that the officer was deeply uncomfortable with. The leader shouted at the chief executive, “I hired you; I will fire you if you don’t do this.” I could go on, but I think the point is made.
It is clear why there should be no elected member involvement whatsoever in the appointment of any local authority monitoring officer. These officers work hard and are incredibly professional. They are already working in politically restricted, tightly governed senior roles. They should never be exposed to unacceptable scenarios, such as the one I just outlined. That is why new clause 79 is important. I hope the Minister agrees.
Dehenna Davison
I am sure the hon. Lady will not be surprised to hear that we will not accept the new clause. First, I want to say that the example of terrible practice that she witnessed is not isolated. All examples of bad practice absolutely must be called out, but there is a strict framework already in place. The new clause appears to seek to protect the objectivity of monitoring officers, and their ability to speak truth to power—that is, to elected members. The new clause requires that elected councillors have no role in the selection or recruitment of a relevant authority’s monitoring officer. Of course, the monitoring officer is one of three crucial statutory officers that any principal local authority must have, the other two being the chief executive and the section 151 officer. Some councils may already have designated the responsibility for appointing the monitoring officer to the head of paid service, but we must remember that councils are independent, democratic bodies that have the freedom and flexibility to manage their workforce. If they choose to operate a member appointment panel, it would be neither appropriate nor consistent with the principles of localism to prevent them from doing so.
The new clause would also mean that elected councillors played no role in a monitoring officer’s performance of their duties. However, monitoring officers’ specific speak-truth-to-power role is already protected in their responsibilities under sections 2 and 5 of the Local Government and Housing Act 1989. Those statutory responsibilities include reporting anything that they believe to be illegal or to amount to maladministration relating to the conduct of councillors and officers, or to the operation of the council’s constitution. On that basis, we do not feel that the new clause is necessary, and it is contradictory to the core principles of localism in which we so strongly believe. I ask the hon. Lady to withdraw it.
Mrs Lewell-Buck
I thank the Minister for that response. My new clause would have given an extra layer of protection. She has misunderstood how impossible an environment can make it to speak truth to power. The clause would have helped people who are stuck in that situation, but I am happy to withdraw it. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 80
Licensing scheme: holiday lets
“(1) The Secretary of State must make regulations to require each relevant local authority in England to introduce a local licensing scheme for holiday lets.
(2) Any local licensing scheme introduced pursuant to regulations made under subsection (1)(a) must require any owner of a holiday let to—
(a) obtain any fire, gas and electricity safety certificates as specified by the scheme;
(b) ensure that the holiday let complies with any health and safety regulations specified by the scheme, including the completion of any risk assessments required by those regulations;
(c) secure a licence for the holiday let from the local authority prior to trading;
(d) obtain a licence and renew this licence—
(i) every three years,
(ii) when the property changes ownership, or
(iii) when there is a change in the person holding day to day responsibility for the property; and
(e) not let out a property without a valid licence.
(3) A local authority introducing a licensing scheme must—
(a) outline—
(i) the terms and conditions of the licence,
(ii) the application process for securing the licence, and
(iii) the licence renewal process;
(b) determine an annual licence fee for each licensed property;
(c) inspect any property prior to issuing a licence;
(d) require the owner of a short term holiday let to —
(i) apply for and hold a licence to operate for each property they let prior to trading,
(ii) pay a licence application fee and annual charge for the licence,
(iii) renew the licence as required by the local authority under their licensing scheme,
(iv) pay any fines associated with breaches of a licence as laid out in the local licensing scheme,
(v) ensure that the holiday let complies with any health and safety regulations specified by the scheme, including the completion of any risk assessments required by those regulations, and
(vi) provide up to date property details including details of who will hold responsibility for the day to day management of the property;
(e) maintain an up to date list of all licensed short term holiday let properties within the local authority area to include—
(i) the address of the property,
(ii) whether this is a shared property occupied by the owner or a separate let,
(iii) how many people are eligible to stay at the property, and
(iv) how many days of the year that the property will be advertised for letting and be let;
(f) inspect the property following a report from the public of an issue of concern relating to the property or to any other property owned by the same person;
(g) monitor compliance with the licensing scheme;
(h) publish an annual report on the number and location of licences including the number and location of licences in each ward and their impact on local residential housing supply and details of any breaches reported and fines issued; and
(i) provide residents adjacent to the short term holiday let contact details of their enforcement officer should they experience any issue at the property.
(4) A licensing scheme must allow the local authority to—
(a) set out details of any area where the granting or renewal of licences will be banned, suspended or limited;
(b) set limits and or thresholds on the level of the licencing permitted in any area;
(c) require property owners to renew their licences every three years, or when a property changes in ownership;
(d) issue fines or remove a licence of a property if—
(i) fire, health and safety conditions are breached,
(ii) criminal activity occurs at the property, or
(iii) excess noise and nuisance or anti-social behaviour rules as set out in the licensing conditions are repeatedly breached, or
(iv) the registered owner or the person listed as holding responsibility for the property has had licences on other properties removed; and
(e) issue penalties or licensing bans on those renting properties without a licence.
(5) In this section—
An ‘area’ may be—
(a) a polling district;
(b) a ward; or
(c) the whole local authority area;
‘holiday let’ means—
(a) a dwelling-house let for the purpose of conferring on the tenant the right to occupy the dwelling-house for a holiday, or
(b) any part of a dwelling-house let for the purpose of conferring on the tenant to occupy that part of the house for a holiday;
‘relevant local authority’ means—
(a) a district council in England;
(b) a county council in England for an area for which there is no district council;
(c) a London borough council;
(d) the Common Council of the City of London.”—(Rachael Maskell.)
This new clause provides for the introduction of a licensing scheme for holiday lets.
Brought up, and read the First time.
Tim Farron (Westmorland and Lonsdale) (LD)
I want to say a big thank you for your role in chairing many sittings of this Committee, Mrs Murray. I also thank the Clerks, who have supported you and all of us.
Earlier this week, we offered Government Members the opportunity to vote to enable local authorities to compel developers to build only affordable housing for a period of time, and they rejected that. Now, the hon. Member for York Central has put forward a very reasonable and timely suggestion about how we might do something about the stock that we have. If they will not do one or other, what is meant to happen to our housing stock? The reality for communities such as mine in Cumbria is that the evaporation of the long-term housing rental market has led to enormous hardship. It is a catastrophe.
It was a problem before the pandemic, but the combination of the stamp duty cut, introduced by the last Chancellor but three at the beginning of the pandemic, and a failure to acknowledge the consequences of the staycation boom, meant an absolute avalanche of full-time residential property going into either the second home market or the short-term rental market. That has had absolutely devastating consequences.
The fact that the Government have not kept their manifesto promise to scrap section 21 evictions means that there is literally an open door for any landlord to get rid of the people they have in those homes, and those homes then go into short-term holiday let usage. In South Lakeland, in my constituency, in one year we saw a 32% rise in the number of holiday lets. As hon. Members can image, South Lakeland had tonnes to start off with, so that is a vast number. Where did they come from? They were not new build properties, but existing homes that were lived in by families and others who have now been evicted, not just from those homes but from those communities.
I do not want to make any assumptions, but I imagine that in a community such as yours, Mrs Murray, the situation is similar and you have lost some of the full-time population. What then happens to the working-age population? I can think of successful primary schools that have lost 20% to 40% of their pupils for that reason in the last two years.
Cumbria Tourism undertook a survey of its member organisations and businesses, which work throughout the lakes, dales and other parts of Cumbria, and found that some 63% could not work at capacity over the last year because they did not have the staff to do the job. The lack of affordable housing kills economies as well as ruining family life and undoing the fabric of our communities, including schools, churches, pubs, businesses and bus services, the demand for which dries up.
The situation is catastrophic. If the Government will not accept the amendment proposed by the hon. Member for York Central, the amendment I proposed or any of the other amendments that have been proposed, what are they going to do about the crisis in our existing housing stock in communities such as those in York, Cumbria and many other areas of the country? They might nod and show their concern, but they must act. This is an absolute emergency, so act. This is something they could do, so why would they not do it?
Dehenna Davison
I am incredibly grateful to the hon. Member for York Central for raising the issue so passionately. I know she is deeply concerned about it and has been campaigning incredibly hard on it throughout her time in Parliament. I note she mentioned her private Member’s Bill. I have already offered to engage with her on issues that we have discussed previously in Committee, and I am happy to engage with her on that as well.
Online platforms have enabled greater choice in accommodation for holidaymakers and have brought benefits to the tourism sector. On the one hand, it is an incredible compliment to a place to see a lot of Airbnb rental properties popping up, as the area becomes a tourism hotspot and a lot of people want to visit incredible places such as York and Cumbria, but unfortunately we know the issues that can come with that as well.
The hon. Member for Westmorland and Lonsdale mentioned local school numbers declining and local shops and pubs seeing their year-round trade turning to seasonal trade, which is not something they necessarily expected or planned for. Many hon. Members from across the House are familiar with such arguments and have raised them in debates. I have had particular representations from hon. Members from Cornwall and Devon, who I know face similar issues.
The hon. Member for York Central mentioned illegal activity and gave examples from her constituency. That is another area where it is crucial that we get our policy right. That is why DCMS launched the call for evidence on this topic, which she made reference to, as an important first step in understanding how we can continue to reap the benefits of short-term lets, while also protecting holidaymakers and local interests.
The Government are now carefully analysing over 4,000 responses to this exercise. What local people and affected stakeholders have said will help to inform the development of evidence-based and proportionate policy proposals. Accepting this amendment before we have analysed those responses would pre-empt the necessary policy development needed. We plan to publish our response to the consultation in the usual way. We want to make sure we get the policy right because we recognise that there are so many issues related to it.
Rachael Maskell
I have two points. First, could the Minister set out a timeline? This is so urgent because of the pace of change, so we really need to understand what the timeline is. There has been a lot of talk and debate in this place; many colleagues from across the House have articulated the pain this issue is causing their communities. Secondly, would the Minister be willing to hold a cross-party roundtable to enable Members to get a full understanding of those experiences? The most acute problems are essentially occurring in holiday destinations and places that people come to visit, so it would be important to ensure a combination of coastal, rural and urban. That could help to move the debate forward and land the legislation in the right place, so that it pays heed not just to what are seen as the benefits of the short-term holiday let industry, but to our communities.
Dehenna Davison
I am grateful to the hon. Lady for the constructive way she is approaching this important debate. As I say, this is a DCMS consultation, so I cannot provide a timeline today, but I will write to her to follow up and try to provide as much clarity as I can on that point. I would certainly be happy to hold a roundtable, but this specific policy does not actually sit within my brief. However, I will endeavour to write to the relevant Ministers and encourage them to take this up. As I say, I will follow up in writing on those points.
Rachael Maskell
If I may, I seek the indulgence of the Committee a little longer. The Minister has raised a real issue here: the matter now needs to move into the Levelling Up Department. The impact on housing is enormous. Although I appreciate that it started in DCMS, it now needs to move, because this is essentially a housing issue. It is about how the housing sector is working, rather than about the tourism sector. The industry has grown and become far more professionalised; it now clearly needs to move Departments in order to bring forward the legislation.
Dehenna Davison
On that point, I have heard from my colleague sitting beside me, the Housing Minister, my hon. Friend the Member for North East Derbyshire, that he is happy to meet with the hon. Lady to discuss the matter in further detail.
Rachael Maskell
I am grateful to both Ministers for that, and I welcome that opportunity. I am quite relaxed about other colleagues also bringing their experiences to that meeting. It is important that we get this nailed now and get it right for all our communities. It is far too important. Time is of the essence. I will most certainly take up that offer.
I will not push the new clause to a vote today, although I will bring it back on Report. I cannot wait around—people in my community are exiting at such an alarming rate that I need to get this addressed. However, I thank the Ministers for being able to debate this matter this afternoon and to have a bit more time on it. It is of real importance for all of us and we have to get it right. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 81
Cycling, walking and rights of way plans: incorporation in development plans
“(1) A local planning authority must ensure that the development plan incorporates, so far as relevant to the use or development of land in the local planning authority’s area, the policies and proposals set out in—
(a) any local cycling and walking infrastructure plan or plans prepared by a local transport authority;
(b) any rights of way improvement plan.
(2) In dealing with an application for planning permission or permission in principle the local planning authority shall also have regard to any policies or proposals contained within a local cycling and walking infrastructure plan or plans and any rights of way improvement plan which have not been included as part of the development plan, so far as material to the application.
(3) In this section—
(a) ‘local planning authority’ has the same meaning as in section 15LF of PCPA 2004;
(b) ‘local transport authority’ has the same meaning as in section 108 of the Transport Act 2000;
(c) ‘local highway authority’ has the same meaning as in the Highways Act 1980;
(d) a ‘rights of way improvement plan’ is a plan published by a local highway authority under section 60 of the Countryside and Rights of Way Act 2000.”—(Rachael Maskell.)
This new clause would require development plans to incorporate policies and proposals for cycling and walking infrastructure plans and rights of way improvement plans. Local planning authorities would be required to have regard to any such policies and proposals where they have not been incorporated in a development plan.
Brought up, and read the First time.
Rachael Maskell
I beg to move, That the clause be read a Second time.
I will be brief in speaking to new clause 81. Cycling and walking are the future. Ensuring that walking and cycling infrastructure plans are hardwired into the planning system is not before its time. That infrastructure may vary from charging points for electric bikes and parking spaces for bikes to wider transport planning and planning for cycling, walking and wheeling routes. We must also think about wheelchair users and people who use other accessible forms of transport, who also need safe, accessible routes. That is essential in any new build area of housing across the country. Rights of way have to be determined and we have to ensure that all routes facilitate greater take-up of active travel. We need to see a real transition from the dependency on cars, which so many communities have, into a new era.
They were talking on the news today about the shortfall in available raw materials, which is preventing the escalation of electric vehicle production. A good public transport system sitting alongside active travel will help to facilitate that. Infrastructure can often deter people from participating in cycling and walking, yet in places such as Holland, where there has been significant investment, that is the main mode of transport for short distances. With the advent of electric scooters and electric bikes, people can make journeys over longer distances. Good, safe infrastructure makes a real difference. Holland has had a 40-year campaign to reach its current standard, and we know that other communities across the world are raising their standards. I draw the Minister’s attention to Ghent, which has made a real pivot in its active travel offer. It is time that we really look at ensuring cycling, walking and wheeling rights of way plans are hardwired into development plans.
Lee Rowley
I thank the hon. Member for her amendment on this important matter, and for recognising the importance of walking and cycling and the important role that the planning system plays. I understand the sentiment behind the new clause, and I accept the challenge that she gives, rightly, to the system and the Government as a whole, but I am not convinced that it is necessarily proportionate to hardwire, as she says, this level of detail in legislation.
My preference is for these matters to continue to be dealt with at national planning policy level. There is already a requirement for local authorities to consider such issues when preparing a development plan; they are also material considerations in planning decisions. Local authorities have tools already. I do not think the Bill changes that in any way, and it will perhaps even strengthen the importance of national policies when they relate to such decision making.
My preference is to remain with the existing NPPF on transport issues, particularly around the promotion of walking and cycling, with the recognition that these can be material considerations in dealing with planning applications already. Given that the decision maker must take into account all material considerations, I am not convinced that this additional provision is necessary in law at this stage, although I understand the underlying point. I therefore ask the hon. Lady to consider withdrawing the new clause.
Rachael Maskell
We as a nation creep forward. This afternoon, we have seen why it is a creep, rather than the change we see in other jurisdictions. We need to do far more on enabling and facilitating active travel. I will not press the new clause this afternoon, but I hope that the Minister takes the proposal back and looks again at how we can escalate, within the national planning framework, getting good-quality infrastructure built for cycling, walking and wheeling. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 83
Review of public health and poverty effects of Act
“(1) The Secretary of State must review the public health and poverty effects of the provisions of this Act and lay a report of that review before the House of Commons within six months of the passing of this Act.
(2) The review must consider—
(a) the effects of the provisions of this Act on the levels of relative and absolute poverty across the UK including devolved nations and regions,
(b) the effects of the provisions of this Act on socioeconomic inequalities and on population groups with protected characteristics as defined by the 2010 Equality Act across the UK, including by devolved nations and regions,
(c) the effects of the provisions of this Act on life expectancy and healthy life expectancy across the UK, including by devolved nations and regions, and
(d) the implications for the public finances of the public health effects of the provisions of this Act.”—(Rachel Maskell.)
This new clause would require the Government to report on the public health and poverty effects of the provisions of the Act.
Brought up, and read the First time.
Rachael Maskell
I beg to move, That the clause be read a Second time.
I hear a cheer in the room as I rise to my feet for a final time. I thank you, Mrs Murray, for your chairing of the Committee. I also thank your colleagues, the Clerks and Hansard. We have had a lot of really important debates.
New clause 83 stands in my name and that of my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams). Reviewing our public health policy is really important. Understanding its context and impact on poverty is at the heart of what levelling up is all about. The new clause would ensure a real focus on the data that is required and a proper review of public health policies, which is vital, with a report being laid before Parliament within six months of the passing of the Bill. That would ensure that Parliament’s eyes are on the issue.
The new clause focuses on relative and absolute poverty, and putting forward the data that has often been debated and disputed in the House, so that we can see what is happening from an authoritative source. We ultimately have to measure what is happening. Levelling up cannot be just about the infrastructure and the pounds spent; it has to be about the outcomes that really impact people. When poverty is such an issue in our country, we have to look at the inequality and disparities that we see. Having data to properly manage the system and drive inputs and outcomes is really important.
The new clause also looks at the socioeconomic inequalities and population groups with protected characteristics. We all know that black, Asian and minority ethnic, LGBT, elderly, young and disabled people experience disparity when it comes to so many issues within the levelling-up missions. It is important to look at ensuring that people with protected characteristics have the necessary assessment to ensure that they, too, are levelling up and not being left behind. Covid was a real example of why that is so necessary; we saw it for whole swathes of communities, particularly those from the black, Asian and minority ethnic community, who faced the worst impact because of their socioeconomic status.
Life expectancy, and healthy life expectancy, is really important for planning an economy for the future. We need to understand its impact, particularly on excess deaths due to poverty, to ensure that we are monitoring what is happening among those communities. In my constituency there is a 10-year disparity in life expectancy between the poorest and the richest communities. That is a really serious issue within levelling up. I appreciate that there is a debate within that about extent of life versus quality of life, but those with shorter lives also do not have a good quality of life on many occasions. We have to drive down inequality in that area.
The new clause also looks at funding for public health provision. We know that there is a real deficit in areas of deprivation, and we need to ensure a proper matrix for health spending as we move forward. The new clause is about providing the good, solid data that is required to analyse what is happening with the levelling-up agenda, and putting that before Parliament and Ministers to ensure that the right policy decisions are being made to level up our country.
Dehenna Davison
I thank the hon. Member for York Central for these proposals, which speak to an objective that I think we all share of reducing the entrenched spatial inequalities across the UK. That is fundamentally what levelling up is all about.
While I appreciate the sentiment behind the new clause, the specific mechanisms proposed may not be the best way to add value in this area for a couple of reasons. First, there are robust and long-standing mechanisms in place to assess trends in public health and poverty already, including through the public health outcomes frameworks, relevant statistics for which are regularly updated and published by the Office for National Statistics. Additionally, the Bill will create a statutory responsibility on the Government to define and report against long-term levelling-up missions to address spatial disparities. The missions in the levelling-up White Paper, for example, include living standards, pay and productivity, and healthy life expectancy. Those are particularly relevant in addressing the themes and concerns that the hon. Member raised.
The Government have established cross-departmental structures to measure long-term progress against their levelling-up missions and to assess how their policies and programmes are contributing to making progress towards those missions. I refer the hon. Member to comments that I have already made about the spatial data unit, and the role it can play in helping on that assessment. The measures in the Bill will not operate in isolation but as part of a much wider range of both legislative and non-legislative measures, which will in turn shape outcomes on the ground. It is right that we should pursue our policy objectives through the more systemic frameworks that I have outlined rather than what could be seen as more fragmented reports and reviews, as called for in the new clause.
The hon. Member will be aware of the well-established mechanisms overseen by His Majesty’s Treasury and highlighted in “Managing Public Money” and elsewhere to assess the impact of policy interventions on the public finances and to allow Parliament to hold the Government to account on their expenditure. As such, we do not feel that an additional specific assessment of the impact of measures in the Bill would add value as we pursue our aim to level up the country. I hope that I have provided enough reassurance for her to withdraw the motion.
Alex Norris
I want to put on record for myself and on behalf of my colleagues our thanks to you, Mrs Murray, and your colleagues in the Chair; to the world-class Clerks for all their assistance; to the Doorkeepers and the Hansard Reporters for all their work; and to Government colleagues, both Front Benchers and Back Benchers, for the discussions and debates. I know that they have been lengthy, but that is because the Bill is important, and we appreciate the spirit in which that has been done. I extend that to the Government’s officials, as well as our own staff. I am very grateful. Thank you.
Dehenna Davison
For fear of this sounding like an Oscars acceptance speech, I have an awful lot of thank yous to say. First, I express my sincere thanks to the shadow Ministers. This is my first Bill Committee as a Minister. Hopefully it will not be my last, but given today, who knows? I thank them for the very constructive and warm way in which they have engaged with me, and with my colleague beside me, the hon. Member for North East Derbyshire, on the Bill. There are some incredibly important debates to have. We have had some of them, and I know that many more happened before I took over as the Minister in this area. The fact that they have all been conducted in such a constructive and jovial way is something that I am certainly very grateful for.
I am also incredibly grateful to the officials who got us briefed on the Bill and got us through it, and to the Clerks and all Chairs of the Committee, including you, Mrs Murray. I am very grateful to members of the Committee of all colours for the spirit in which we have conducted it today, and to Whips past and present, Parliamentary Private Secretaries past and present, and Doorkeepers. I think I have pretty much everyone covered. A huge thank you from me. I am delighted to see the Bill through to the end of Committee stage.
Question put and agreed to.
Bill, as amended, accordingly to be reported.
Wednesday 23rd November 2022
(2 years ago)
Commons ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 23 November 2022 - (23 Nov 2022)
17:49 - The House divided: - Ayes: 155 / Noes: 284 - Question accordingly negatived.
18:04 - The House divided: - Ayes: 159 / Noes: 281 - Question accordingly negatived.
18:17 - The House divided: - Ayes: 155 / Noes: 285 - Question accordingly negatived.
18:29 - The House divided: - Ayes: 190 / Noes: 285 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Dame Rosie Winterton)
With this it will be convenient to discuss the following:
Government new clause 62—Functions in respect of key route network roads.
Government new clause 65—Participation of police and crime commissioners at certain local authority committees.
New clause 1—Power to provide for an elected mayor—
(1) Part 1A of the Local Government Act 2000 is amended as follows.
(2) After section 9K insert—
“9KA Power to provide for an elected mayor
(1) The Secretary of State may by regulations provide for there to be a mayor of a local authority.
(2) Before making regulations under subsection (1), the Secretary of State must publish a report which contains—
(a) an assessment of why it is in the interests of economy, efficiency, effectiveness or public safety for the regulations to be made, and
(b) a description of any public consultation the Secretary of State has carried out on the proposal for the regulations to be made.””
This new clause would allow the Secretary of State to provide for there to be a mayor of any local authority if they deem appropriate.
New clause 2—Resignation requirements for MPs serving as elected mayors—
“(1) The Police Reform and Social Responsibility Act 2011 is amended in accordance with subsection.
(2) In section 67 (Disqualification of person holding office as police and crime commissioner), leave out paragraph (a).
(3) Schedule 1 to the House of Commons Disqualification Act 1975 is amended as follows.
(4) In Part 3 (Other Disqualifying Offices), at the appropriate place insert—
‘Mayor who is to exercise the functions of police and crime commissioner’”.
This new clause would allow an MP who is elected as a mayor who is to exercise the functions of a police and crime commissioner to remain as an MP until the next parliamentary election.
New clause 4—Housing Act 1985—
“In section 618 of the Housing Act 1985 (The Common Council of the City of London), omit subsections (3) and (4).”
This new clause would correct a disparity which applies uniquely to Members of the City of London’s Common Council in relation to their ability to discuss or vote on local authority matters relating to land, for example housing, by removing a prohibition on participating on such matters.
New clause 7—Council tax: properties of multiple occupancy—
“(1) The Local Government Finance Act 1992 is amended as follows.
(2) In section 3 (meaning of “dwelling”), after subsection (4A), insert—
‘(4B) Subject to subsection (6) below, the following property is not a dwelling—
(a) a room or bedroom subject to a tenancy agreement that does not contain bathroom and cooking facilities within its physical curtilage;
(b) a room or bedroom subject to a tenancy agreement which includes bathroom facilities but does not include cooking facilities within its physical curtilage;
(c) any rooms or bedrooms within a licensed House of Multiple Occupancy; and
(d) any room which is not in law a self-contained unit regardless of any clause, term or condition of any contract, license of agreement conferring a right to occupy that room.’”
This new clause is intended to prevent the imposition of Council Tax individually on tenants of a room in a house with shared facilities, or in a licensed House of Multiple Occupancy.
New clause 41—Duty to provide sufficient resources to Combined Authorities and Combined County Authorities—
“(1) This section applies where the Government has committed funding to a Combined Authority or a Combined County Authority in order to deliver a specific project.
(2) The Secretary of State must provide commensurate financial resources to a Combined Authority or a Combined County Authority to enable the delivery of the project mentioned in subsection (1) as agreed in full.
(3) The Secretary of States must, by regulations, amend the value of this funding to reflect inflation.”
This new clause would commit the Government to fully funding combined authority and combined county authority projects they have committed to in the case that costs rise due to inflation.
New clause 45—Local authorities to be allowed to choose their own voting system—
“(1) The Secretary of State must by regulations provide that local authorities may choose the voting system used for local elections in their areas.
(2) When determining whether to seek to introduce a new voting system a local authority must have regard to the benefits of reinvigorating local democracy in its area.
(3) Regulations under this section must provide that local authorities may choose to elect councillors—
(a) by thirds, or
(b) on an all-out basis.
(4) Regulations under this section must provide that local authorities may choose to elect councillors using—
(a) first-past-the-post;
(b) alternative vote;
(c) supplementary vote;
(d) single transferable vote;
(e) the additional member system;
(f) any other system that may be prescribed in the regulations.
(5) Regulations under this section may make provision about—
(a) how a local authority may go about seeking to change its voting system,
(b) the decision-making process for such a change,
(c) consultation, and
(d) requirements relating to approval by the local electorate.”
This new clause would enable local authorities to choose what voting system they use for local elections.
New clause 46—Review into business rates system—
“(1) The Chancellor of the Exchequer must undertake a review of the business rates system.
(2) The review must consider the extent to which the business rates system—
(a) is achieving its objectives,
(b) is conducive to the achievement of the levelling-up and regeneration objectives of this Act.
(3) The review must consider whether alternatives of local business taxation would be more likely to achieve the objectives in subsections (2)(a) and (b).
(4) The review must in particular consider the effects of business rates and alternative local business taxation systems on—
(a) high streets, and
(b) rural areas.
(5) The review must consider the merits of devolving more control over local business taxation to local authorities.
(6) The Chancellor of the Exchequer must lay a report of the review before parliament before the end of the period of one year beginning with the day on which this Act is passed.”
This new clause would require the Secretary of State to review the business rates system.
New clause 70—Duties in connection with the European Framework Convention for the Protection of National Minorities—
“(1) The Cities and Local Government Devolution Act 2016 is amended in accordance with subsection (2).
(2) In section 16 (Power to transfer etc public authority functions to certain local authorities), after subsection (1) insert—
‘(1A) In deciding how and whether to exercise his power under section 16(1), the Secretary of State must have regard to the existence, within a local authority area, of a national minority as defined by the European Framework Convention for the Protection of National Minorities.’”
New clause 71—Extending level 3 devolution deals—
“(1) The Secretary of State must, by regulations, make provision for local authorities to be granted a Level 3 devolution deal, without the requirement for a directly-elected leader across the entire authority.
(2) When making regulations under subsection (1), the Secretary of State must have regard to the benefits of such a devolution arrangement given any existence, within a local authority area, of a national minority, as defined by the European Framework Convention for the Protection of National Minorities.”
New clause 34—Review of compulsory purchase powers—
“(1) The Secretary of State must undertake a review of whether the powers of compulsory purchase available to—
(a) local authorities, and
(b) the Secretary of State
are adequate to meet the objectives of this Act.
(2) In undertaking the review the Secretary of State must, in particular, consider—
(a) whether existing statutory time limits for compulsory purchase action are appropriate,
(b) other means of accelerating compulsory purchase action with particular reference to properties to which subsection (3) applies, and
(c) the adequacy of compulsory purchase powers in relation to properties to which subsection (3) applies.
(3) This subsection applies to—
(a) properties that have been unoccupied for a prolonged period (with reference to the vacancy condition in section 152), and
(b) buildings of local public importance such as hotels and high street properties.”
This new clause would require the Government to review powers of compulsory purchase and whether they are adequate to meet its levelling-up and regeneration objectives.
New clause 74—Commencement of Section 81 of the Police Crime Sentencing and Courts Act—
“The Secretary of State must, by regulations, bring into force the provisions in Section 81 of the Police, Crime, Sentencing and Courts Act 2022 no later than 31st December 2022”
New clause 75—Review of the effectiveness of the Housing First Scheme—
(1) The Secretary of State must establish an annual review of His Majesty’s Government’s progress on reducing homelessness.
(2) The review must include an assessment of—
(a) whether the Housing First scheme is achieving its objectives,
(b) the support provided to local authorities to meet their homelessness duties,
(c) the merits of ensuring that local authorities have at least one provider of the Housing First model, and
(d) the Government’s progress towards ending rough sleeping.
(3) The Secretary of State must prepare reports on these reviews in accordance with this section.
(4) The first report under subsection (3) must be laid before each House of Parliament before the end of a period of one year beginning on the day when this Act was passed.
(5) After a report has been laid before Parliament under subsection (4), the Secretary of State must publish it as soon as is reasonably practicable.”
New clause 76—Publication of the Consultation on the Vagrancy Act—
“(1) The Secretary of State must, before the end of 2022, publish a report setting out the results of the Review of the Vagrancy Act: consultation on effective replacement.
(2) he report under subsection (1) must, in particular, set out—
(a) how to replace the offences in the Vagrancy Act which prohibit begging and rough sleeping in an appropriate way that prioritises getting individuals into support, and
(b) the Government’s legislative plan to support these changes.
(3) The Secretary of State must lay a copy of the report in subsection (1) before both Houses of Parliament.”
New clause 82—Standards Board for England—
“(1) There is to be a body corporate known as the Standards Board for England (“the Standards Board”).
(2) The Standards Board is to consist of not less than three members appointed by the Secretary of State.
(3) In exercising its functions the Standards Board must have regard to the need to promote and maintain high standards of conduct by members and co-opted members of local authorities in England.
(4) The Secretary of State must by regulations make further provision about the Standards Board.
(5) Regulations under this section must provide for—
(a) a code of conduct of behaviour for members and co-opted members of local authorities in England,
(b) the making of complaints to the Standards Board a member or co-opted member has failed to comply with that code of conduct,
(c) the independent handling of such complaints in the first instance by the Standards Board,
(d) the functions of ethical standards officers,
(e) investigations and reports by such officers,
(f) the role of monitoring officers of local authorities in such complaints,
(g) the referral of cases to the adjudication panel for England for determination,
(h) about independent determination by the adjudication panel its issuing of sanctions,
(i) appeal by the complainant to the Local Government and Social Care Ombudsman,
(j) appeal by the member or co-opted member subject to the complaint to the Local Government and Social Care Ombudsman, and
(k) the governance of the Standards Board.
(6) In making regulations under this section the Secretary of State must have regard to the content of Chapter II (investigations etc: England) of Part III (conduct of local government members and employees) of the Local Government Act 2000, prior to the repeal of that Chapter.
(7) The Standards Board—
(a) must appoint employees known as ethical standards officers,
(b) may issue guidance to local authorities in England on matters relating to the conduct of members and co-opted members of such authorities,
(c) may issue guidance to local authorities in England in relation to the qualifications or experience which monitoring officers should possess, and
(d) may arrange for any such guidance to be made public.”
This new clause seeks to reinstate the Standards Board for England, which was abolished by the Localism Act 2011, but with the removal of referral to standards committees and the addition of appeal to the Local Government Ombudsman.
New clause 84—Levelling-up mission: adult literacy—
“(1) Each statement of levelling-up missions must include an objective relating to reducing geographical disparities in adult literacy.
(2) In pursuance of the objective in subsection (1), the Secretary of State must, during each mission period, review adult literacy levels in the UK, to inform measures with the purpose of reducing geographical disparities in adult literacy and eradicating illiteracy in adults.
(3) The findings of any review under this section must be published in a report, which must be laid before Parliament.
(4) When a report under this section is laid before Parliament, the government must also publish a strategy setting out steps it intends to take to improve levels of adult literacy and eradicate illiteracy in the UK.”
This new clause would require the government to include the reducing of geographical disparities in adult literacy as one of its levelling up missions, and it would require them, during each mission period, to review levels of adult literacy in the UK, publish the findings of that review and set out a strategy to improve levels of adult literacy and eradicate illiteracy in the UK.
Amendment 8, in clause 1, page 1, line 14, at end insert—
“(c) the independent body that His Majesty’s Government proposes to use to evaluate progress in delivering those levelling-up missions (‘the independent evaluating body’).”
This amendment would place a responsibility on the Government to commission an independent body to scrutinise their progress against levelling-up missions.
Amendment 9, page 1, line 14, at end insert—
“(c) the resources made available by His Majesty’s Government to nations, regions, sub-regions and local areas in order to level-up.”
This amendment would place a responsibility on the Government to publish the resources made available to communities in order to level-up.
Amendment 71, page 1, line 14, at end insert—
“(c) details of how His Majesty’s Government will ensure that the levelling-up missions are aligned with the United Nations Sustainable Development Goal to end hunger and ensure access by all people, in particular the poor and people in vulnerable situations, including infants, to safe, nutritious and sufficient food all year round.”
This amendment would require that levelling-up missions align with the United Nations Sustainable Development Goal to end hunger and ensure access by all people to safe and nutritious food.
Amendment 69, page 1, line 14, at end insert—
“(2A) The first statement of levelling-up missions must include a requirement that by 2030 the number of people successfully completing high-quality skills training will have significantly increased in every area of the UK.
(2B) For the purposes of subsection (2A), ‘high-quality skills training’ must include training for the purpose of proactively supporting workers in high-carbon industries wishing to transition to careers in the green energy sector, with cross-sector recognition of skills and regardless of their current contract status.”
Amendment 70, page 1, line 14, at end insert—
“(2A) The first statement of levelling-up missions must include a mission to expand public access to waterways, woodlands, Green Belt and grasslands and reduce geographical inequalities in access to open access land.
(2B) In this section, “waterways” includes any river, stream, lake, pond, canal or other waterway physically capable of navigation, and any such river banks or land adjacent as necessary for the act of navigation and for other purposes incidental to navigation or to bathe.
(2C) A levelling-up mission under this section must be accompanied by a statement of the Government’s legislative plan to support the mission, including proposals to amend the Countryside and Rights of Way Act 2000.”
Amendment 72, page 2, line 3, at end insert—
“(3A) The mission progress methodology and metrics must include the following indicators—
(a) prevalence of undernourishment in the population, and
(b) prevalence of moderate or severe food insecurity in the population, based on the Food Insecurity Experience Scale (FIES).”
This amendment would require that the mission progress methodology and metrics include the prevalence of under-nourishment and the prevalence of food insecurity in the population.
Amendment 10, page 2, line 6, at end insert—
“(4A) A statement of levelling-up missions must be accompanied by an action plan which sets out details of how His Majesty’s Government intends to deliver these missions by the target date.”
This amendment would require the Government to publish an action plan alongside a statement of levelling-up missions which sets out how they will deliver the missions.
Amendment 11, in clause 2, page 3, line 7, leave out subsections (4) and (5).
This amendment would remove the provision allowing the Secretary of State to discontinue a levelling-up mission.
Amendment 12, in clause 3, page 3, line 28, leave out “120” and insert “30”.
This amendment would reduce the period of time by which a report under section 2 must be laid before each House of Parliament to 30 days.
Amendment 13, page 3, line 32, leave out “120” and insert “30”.
See explanatory statement to Amendment 12
Amendment 14, page 4, line 2, leave out clause 4.
This amendment would remove the provision allowing a Minister to make changes to mission progress methodology and metrics or target dates.
Amendment 64, in clause 4, page 4, line 18, leave out from “which” to end of line 19 and insert—
“both conditions in subsection (4) have been met.
(4) The conditions are that—
(a) the House of Commons,
(b) the House of Lords
have passed a Motion in the form in subsection (5).
(5) The form of the Motion is—
That this House approves the revisions to the levelling-up mission progress methodology and metrics or target date made under section 4 of the Levelling-up and Regeneration Act 2022 and laid before Parliament on [date].”
Amendment 15, in clause 5, page 5, line 18, at end insert—
“(ca) state whether the independent evaluating body considers that pursuing the levelling-up missions in that statement is effectively contributing to the reduction of geographical disparities in the United Kingdom,”
This amendment would require the report on a review of statements of levelling-up missions to include the assessment of the independent evaluating body.
Amendment 16, page 6, line 5, leave out from “which” to end of subsection (11) and insert—
“both conditions in subsection (12) have been met.
(12) The conditions are that—
(a) the House of Commons, and
(b) the House of Lords
has passed a Motion of the form in subsection (13).
(13) The form of the Motion is—
That this House approves the revisions to the statement of levelling-up missions made under section 5 of the Levelling-up and Regeneration Act 2022 and laid before Parliament on [date].”
This amendment would require both Houses of Parliament to approve revisions to the statement of levelling-up missions to be approved by both Houses of Parliament before they have effect.
Amendment 17, page 12, line 24, leave out clause 16.
Government amendments 29, 45 and 46.
Amendment 18, in clause 52, page 45, line 16, leave out “may” and insert—
“must, within 6 months of the day on which this Act is passed,”.
This amendment would require the Secretary of State to produce guidance on the establishment and operation of CCAs within 6 months of this Act receiving Royal Assent.
Amendment 19, page 50, line 24, leave out clause 58.
This amendment would remove Clause 58, which allows an elected mayor to assume policing responsibilities without the consent of the combined authority.
Government amendments 47, 40 to 44, 1, 60, 51, 61 and 62.
Dehenna Davison
It is a pleasure to be here for the next stage of this vital Bill. My right hon. Friend the Secretary of State recently set out his guiding principles for the Bill: beauty, infrastructure, democracy, environment and neighbourhoods—or, for acronym fans, BIDEN. We want to ensure that people across the country have the opportunity to live and work in beautiful places, supported by the right infrastructure, with strong locally accountable leadership and with better access to an improved environment, all rooted in thriving neighbourhoods of which they can be proud. Regrettably, though, there are areas of the country that are long neglected and that will require a concerted effort from us all. We have to put an end to the shameful waste of potential that has held so many of our constituents and our country back for so long.
This is why the ambitions set out in the levelling up White Paper are so crucial. If we are going to achieve our ambitions, we have to be focused. That is why the first part of the Bill creates a self-renewing national focus on this endeavour, through the setting of and reporting on missions to level up. These missions, with their clear, measurable objectives, will drive the action needed to reduce geographic disparities. One such mission is our vision for devolution across England. This is why the Bill creates a new model for devolution: the combined county authority. It also improves existing models thought the combined authority and county deal models, making devolution easier to achieve, extend and deepen.
Mr Clive Betts (Sheffield South East) (Lab)
One of the disappointments with this Bill is that, although it extends the principle of combined authorities to county areas, it does not actually transfer any new powers to local government as a whole that are not currently available in some authorities. Could the Minister point out one place in the Bill where a new power that is currently not devolved to local government will be devolved after the Bill is passed?
Dehenna Davison
The Chair of the Select Committee is a passionate campaigner on these issues. He will know that the Government are incredibly keen on empowering local areas to take on their own devolution deals, and that is why we are in the process of negotiating a large number of deals, including trailblazer deals with Greater Manchester and with the West Midlands, which I know Members right across the House are incredibly passionate about. We are looking at new powers and new funding to ensure that those devolution deals deliver for local people.
We are making it easier to achieve, to extend and to deepen devolution. At the same time, the Bill is making it easier for local authorities to regenerate their areas by providing them with new and improved tools for that purpose, including a new locally led model for urban development corporations, changes to ensure that any former development corporation can have conferred on it the functions most useful to its purpose, and improvement to the compulsory system to remove barriers so that authorities can assemble land, including brownfield land.
Mr Betts
Often, when compulsory purchase powers are used by local authorities, the value of the site they are purchasing is enhanced because they are using those powers and the owner of the site gets a “hope value” addition to what they receive. Would the Minister consider ensuring that, where a CPO has been put in place, no extra value is generated for the owner because the CPO itself is operated or because it is part of a regeneration site as a whole?
Dehenna Davison
I am happy to discuss that with the hon. Member in further detail following the debate today. It is certainly something that we are exploring behind the scenes with a view to taking action at a later date.
We are also looking at introducing discretion for local authorities to increase council tax on second homes and long-term empty homes, together with innovative high street rental auctions to tackle the damage that the gradual erosion of high street occupancy can cause.
Hon. Members will recall that the Government have already made provision for the full repeal of the Vagrancy Act 1824. As the Secretary of State has said, the Vagrancy Act is outdated and has to go. This Bill was introduced initially with a placeholder clause, allowing for a replacement to the Act to be added. During the passage of the Bill, however, we have listened to the depth of feeling from Members across the House, and particularly from my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken), who has campaigned passionately on this issue. After working with Members across the House and having reflected on the right approach to the replacement legislation, I have tabled amendments to remove the placeholder clause. I can commit to the House that the Government will not bring forward any amendments to the Bill on this subject. We will, though, be working with the Home Office to make sure that the police and others have the tools they need to protect communities and ensure that people feel safe.
Nickie Aiken (Cities of London and Westminster) (Con)
I absolutely welcome the Government’s action on this. Does the Minister agree that the best way to deal with the street population is through proper outreach and not through criminalising their behaviour?
Dehenna Davison
I completely agree with that sentiment. Any new legislation that may be introduced at a future date will not be looking to criminalise anyone for just being homeless. That is a firm commitment that I can make here today. My hon. Friend is absolutely right. Let us look at the Government’s rough sleeping strategy as an example, and at the other ways we can outreach to ensure that those who find themselves homeless, often through no fault of their own, find the support they need to get back on their feet.
On vagrancy, my colleagues and I look forward to continuing to work with Members across the House on our goal of ending rough sleeping and ensuring that people in need receive appropriate support to help them move away from life on the streets for good.
Strengthening our communities also means strengthening local leadership. We all know from our constituencies that Whitehall, however well intentioned, cannot always understand a community as well as the local people who live and work within it, so our ambition is for local areas to determine their own futures, allowing local leaders to take charge and enable their communities to thrive. We therefore want to offer the option of a devolution deal with a directly elected leader to every part of England that wants one by 2030, creating clear local leadership and greater accountability for any new powers conferred on them.
Members will recall that the Bill puts in place a framework to achieve this by creating a new model of combined authority—a combined county authority—which is more suitable for areas outside urban centres. This means that areas and communities everywhere, not just in major cities, can benefit from bespoke devolution deals that work for them. Providing these opportunities for all communities across England will increase innovation and enhance local accountability. This in turn will lead to more co-ordinated decision making with greater flexibility over funding, all of which will empower areas to attract more inward investment.
My right hon. Friend the Secretary of State and I have been grateful for the support that our reforms have attracted in our discussions with hon. Members and local areas, and Members will be aware that our devolution negotiations and conversations are continuing at pace. In the summer, we announced new devolution deals with York and North Yorkshire, and with parts of the east midlands: Derby, Derbyshire, Nottingham and Nottinghamshire. There are more deals to be signed soon. Implementation of the east midlands deal is dependent on provisions in this Bill gaining Royal Assent and coming into effect, but they will of course be subject to statutory processes, including parliamentary approval of secondary legislation on creating new institutions with the devolved powers. The invaluable feedback from our discussions so far has allowed us to table three amendments today to put some matters beyond doubt.
John Stevenson (Carlisle) (Con)
The Minister is talking a lot about those areas where there is devolution already or where there is the potential for devolution, but what about those areas where there seems to be an absence of any discussions?
Dehenna Davison
As I say, we have discussions under way at the moment and we are looking ahead to which new devolution deals we can start exploring. I am certainly happy to work with my hon. Friend to see if this is something we can deliver in his local area in Cumbria, too.
Our first amendment relates to clause 16, which allows the conferral of local authority functions, including those of county councils, unitary councils and district councils, on to a combined county authority, or CCA.
Richard Graham (Gloucester) (Con)
I am grateful to the Minister for giving way, because this is of seminal importance to all second-tier councils around the country. I therefore welcome Government amendment 29. Can she confirm, for the avoidance of any doubt, that this means, as the explanatory statement suggests, that there is no question of the functions of a district council in a two-tier area being handled by a combined county authority and that, although it says
“a CCA may make provision”,
a CCA cannot make provision where there is a second-tier council?
Dehenna Davison
I can confirm that, and my hon. Friend pre-empts the next bit of my speech, which will hopefully provide some reassurance.
Clause 16 is essential to enable CCAs to be conferred with, for example, the economic development and regeneration functions of a council so that it can deliver them over a wider area, thus driving growth. Although it was never the Government’s intention, we have heard concerns from colleagues on both sides of the House, as well as from local authorities and the District Councils Network, that the clause could be used for the purpose of upward devolution. So there can be absolutely no doubt, we are explicitly precluding the conferral of two-tier district council functions on to a combined county authority. This amendment reflects the Government’s commitment that devolution legislation will not be used to reallocate functions between tiers of local government.
Government amendment 29 will still allow for combined county authorities to exercise functions with district councils concurrently or jointly, facilitating joint working on important issues where there is a local wish to do so. I hope that addresses the concern embodied in amendment 17, tabled in the name of the hon. Member for Wigan (Lisa Nandy), who is not currently in the Chamber.
Our second amendment provides for the effective co-ordination of highways infrastructure, to enable key route networks to operate effectively. Improving key route networks across towns and cities is a Government priority, and we want to facilitate the improvement of transport links as much as possible. The co-ordination of transport across the area of a combined authority or combined county authority is a tool that local leaders across the country have told us is valuable. We therefore propose an amendment to meet the commitment in the levelling-up White Paper to provide a new power of direction for Mayors and combined county authorities, to increase Mayors’ control over key route networks. This will enable them to better co-ordinate the delivery of highways infrastructure, which is needed for effective key route networks across the whole of their authority area.
Our third amendment is a small amendment to improve the partnership between police and crime commissioners and local leaders by clarifying legislation to ensure that PCCs can participate in local government committee meetings. Stronger partnership working between local leaders is central to the Government’s priority of ensuring that local voices are heard on important issues and that decision making is informed by a variety of perspectives in order to deliver our ambitions.
These three amendments add to the strong foundations the Bill already provides for devolution, by going further to solve the specific issues that areas face. In that spirit, I can announce that we will shortly be consulting on how houses in multiple occupation are valued for council tax purposes. The consultation, to be launched by January, will look at situations where individual tenants can, in certain circumstances, be landed with their own council tax bill and will consider whether the valuation process needs to change. Our clear intention is for HMOs to be classed as single dwellings, other than in exceptional circumstances.
Mrs Natalie Elphicke (Dover) (Con)
It is important to look at the balance of council tax attributions for HMOs, but will the Minister confirm that any local authority that has such HMOs will have its council tax settlements adjusted, should a decision result in it making a net loss in such a situation?
Dehenna Davison
We will be consulting on this as a matter of urgency, and I am happy to take this away and to work with my hon. Friend to make sure we find a settled solution that works for local authorities.
If regulation is required, the measure will allow that regulation to be in place before the Bill receives Royal Assent. I thank my hon. Friend the Member for Gosport (Dame Caroline Dinenage) and my right hon. Friend the Member for Portsmouth North (Penny Mordaunt) for their campaign highlighting this issue, which I know affects other MPs. The Secretary of State and I look forward to meeting their local businessman, Mr Brewer, in the coming days.
Separately, I can confirm that, during the Bill’s passage in the other place, we intend to table amendments addressing circumstances in which authorities have to pay hope value when they compulsorily purchase land in an effort to regenerate their area.
Finally, we have also tabled amendments to make minor corrections and clarifications in support of high street rental auctions and compulsory purchase reforms. These amendments will ensure the policy objectives of these measures can be achieved in full.
Richard Graham
I am grateful to the Minister for giving way a second time. I thank her and the Department for Levelling Up, Housing and Communities team for listening so carefully to the concerns of Members on both sides of the House. What she says about new clause 7, tabled by my hon. Friend the Member for Gosport (Dame Caroline Dinenage), is incredibly reassuring for people who are renting in HMOs. The ability to fine tune legislation is so precious.
Dehenna Davison
I am grateful to my hon. Friend for his incredibly kind words.
I thank Members on both sides of the House for the constructive way in which they have engaged with this important Bill. I look forward to hearing their contributions to today’s debate, and I commend our amendments to the House.
Alex Norris (Nottingham North) (Lab/Co-op)
It is a pleasure to speak for the Opposition in these proceedings.
The Public Bill Committee had 27 sittings over four months. The Government enjoyed it so much that they sent seven Ministers and three Whips to share the joy of line-by-line scrutiny. Which was my favourite? How could I choose between those 27 glorious sittings? They were very good debates, as the Minister said.
When it comes to levelling up, we have been clear from the outset that we feel the Bill is a missed opportunity. It ought to have been a chance for the Government finally to set out what their levelling-up agenda really is and what it means for the country. It was a chance to turn the rhetoric and all the press releases into reality. Instead of translating three years of promises into genuinely transformative change, we do not feel the Bill takes as much further forward. After the White Paper and now this Bill, we are still searching for the big, bold change for which the country is crying out and that the Government promised. The Bill has squandered that opportunity, and it seems those premises will be broken.
Levelling up is supposedly the defining mission of this Government but, after all the talk and all the promises, all they could muster was bolting a few clauses on to the front of a planning Bill. It serves no one to pretend that that is not the reality. Where is the plan to tackle entrenched regional inequalities? Where is the plan to unleash the wasted potential of our nations and regions? And where is the plan to get power out of Whitehall and into our towns, villages and communities?
Part 1 of the Bill establishes the levelling-up missions and the rules for reporting progress made against them. The missions are an area of consensus. Who in this House does not want to see a reduction in the disparities in healthy life expectancy, regional investment and educational outcomes? The problem is that, although the Government set out their supposed policy programme to deliver on these missions in their White Paper, it is in reality a mishmash of activity, much of which is already happening. We seek to improve this with amendment 10, as the missions should be accompanied by a full action plan setting out the activity taking place and how it will contribute to delivering the missions. I would hope that the Government already have such action plans, if levelling up really is such a totemic priority, but I fear they do not, because levelling up is not a priority.
Dehenna Davison
I thank right hon. and hon. Members for their contributions, and I put on record again my thanks to all the Members who served in Committee during the somewhat lengthy consideration of the Bill. I will endeavour to respond to the points that have arisen today, but before I do, I re-emphasise the importance that the Government place on the three interconnected themes from our debate: devolution, regeneration and levelling up. Local power exercised accountably is the only way that we will extend opportunity throughout our country. Too often, Governments have fallen into the trap of thinking that controlling more will make local areas more effective, but the lessons of the past 70 years are clear: that approach does not work and we must trust local areas with the tools to build their futures.
Let me turn to some of the individual matters that Members raised. My right hon. Friend the Member for Camborne and Redruth (George Eustice) is not yet back in his place, but I was grateful for his incredibly passionate contribution and his rousing speech about the wonderful, unique qualities of Cornwall. I look forward to visiting Cornwall soon and to working with him and other Cornwall colleagues on progressing a deal that works for the people of Cornwall.
My right hon. Friend spoke to amendment 70, on which I point him and other concerned Members to clause 68, which would amend the statutory test so that the Secretary of State has to consider
“the economic, social and environmental well-being of some or all of the people who live or work”
in an area. That means that the impacts of devolution on an area’s community, including those identifying as belonging to a national minority, such as the Cornish, would be duly considered under social wellbeing when deciding whether the test is met. Hopefully, that provides some reassurance.
My right hon. Friend also spoke about new clause 71, on whether the framework for a tier 3 deal is accessible without a Mayor. We in the Government are committed to that framework. We believe that directly elected Mayors with a clear path of accountability and a convening power to make change happen is really important, but the key point is that there will be no imposition from Government to have a Mayor. It is for local areas to decide what tier of deal they want to access. If they do not want to access a tier 3 deal and impose a Mayor, clearly, that option is available to them. Also, if they wish to, the framework allows them to deepen devolution later at their own pace. The Government are not imposing these measures. It is for local areas to decide what will work best for them in the framework that we have set out.
My hon. Friend the Member for Leigh (James Grundy) is a great and passionate advocate for his constituents and his constituency. I heard loud and clear his point about Leigh station and I will raise that with colleagues at the Department for Transport. He raised the point about how a one-size-fits-all approach does not necessarily always work. That is why it is so important that we negotiate deals on a local basis, so that every deal we have is negotiated with local authorities and other local stakeholders to ensure that it will work for the local area.
My hon. Friend raised a good point about engagement with Members of Parliament. Although I am relatively new to my role, I certainly want to endeavour to do that better as we progress devolution, either in existing deals or when we look at new devolution deals in the future.
I am incredibly grateful to my hon. Friend the Member for Carlisle (John Stevenson) for his support on devolution and on the importance of strong, accountable local leadership. I am pleased to see his gung-ho passion for rolling out Mayors across the country, but as my hon. Friend the Member for Leigh says, not every area wants a Mayor. I do not believe that we should be imposing Mayors without local consent, but I agree with my hon. Friend the Member for Carlisle that we do not want any areas being left behind. I am happy to engage with him and with the Northern Research Group on the question of how best to further the devolution agenda in his region and across England.
My hon. Friend the Member for Mansfield (Ben Bradley) made the crucial point that timing is vital. We need the Bill to get Royal Assent in a timely fashion to ensure that some of the devolution deals we have agreed get over the line in time for the elections in 2024. I know that my hon. Friend recognises the incredible opportunities that a devolution deal can bring to his local residents. He spoke about the need for simpler funding; the Department is exploring the issue and will publish a funding simplification strategy in due course.
Margaret Greenwood
I am not sure whether the Minister was in the Chamber for the remarks that the hon. Member for Mansfield (Ben Bradley) made about new clause 84, which would require the Government to make
“reducing geographical disparities in adult literacy”
one of their missions, and to set out a plan
“to improve levels of adult literacy and eradicate illiteracy”.
The hon. Member seems to think that the Bill makes provision for that. It does not. Does the Minister agree that addressing adult literacy is a core issue if we are to get the very best out of everybody and give everybody the opportunities they need?
Dehenna Davison
The hon. Member must have read my mind, because hers is next on my list of points to address. I am grateful for her passionate contribution on adult literacy. We all agree in this House that education is vital to levelling up, but the Bill is designed to provide a framework for the formation of missions rather than to set out the missions themselves. She will have seen in the White Paper some of the missions that we have published, which refer to educational attainment. I also point her to the Government’s work in other areas, such as funding courses for adults who do not have a level 2 English or maths qualification so that they can get those skills.
The hon. Member for Hemsworth (Jon Trickett) raised several issues relating to social mobility. I was most struck by his point about inter-village transport; I face that issue in my constituency, so I can very much relate to it. Some of the devolution deals that we have negotiated and are looking to negotiate will mean more transport powers being conveyed to local areas and Mayors. That provides an opportunity for a rethink of how local transport is operated. As we spread more devolution deals around the country, that opportunity will be brought to more local areas. The hon. Member’s point has been heard loud and clear.
Jon Trickett
The Minister is making an interesting speech. I hope in due course she will come to the question that I raised about powers for parish and town councils.
Dehenna Davison
I had not planned to do so, because of the breadth of contributions that we have had today, but I am happy to write to the hon. Member on that point after the debate.
The hon. Member for South Shields (Mrs Lewell-Buck) spoke to amendments 71 and 72. She is incredibly passionate about this important matter, as she has demonstrated not only today but in Committee and in other contributions. I go back to the point that I made to the hon. Member for Wirral West (Margaret Greenwood): the Bill is designed to set out not the missions themselves, but the framework for them to exist. That is why we will not enshrine any particular missions in the Bill. [Interruption.] The hon. Member for South Shields and I had the same debate in Committee; I see her shaking her head, but I do not think that she is surprised by my response.
Let me very briefly address a point that the shadow Minister, the hon. Member for Nottingham North (Alex Norris), and the SNP spokesperson, the hon. Member for North Ayrshire and Arran (Patricia Gibson), made about the levelling-up missions. They spoke about removing the ability to amend the methodology and the matrices. I am concerned about that, not because it is some kind of cynical aim, as has been suggested, but because data will be incredibly important in assessing our success in addressing the levelling-up missions. As we get new data sources, new datasets and new ways of presenting the data, it is important that we have the flexibility to access and use the data to its maximum potential. That is why I do not agree with amendment 14.
Patricia Gibson
The Minister says that flexibility is important, so can she explain what the Government will do about the first successful bids, which are now falling short because of inflationary pressures on labour and materials?
Dehenna Davison
The hon. Member will be pleased to know that I have a note to return to that in a moment.
My right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and my hon. Friend the Member for Isle of Wight (Bob Seely) raised some important points. We will come to many of their amendments on the second day of Report, when they will have an opportunity to speak on them in more detail. That will be coming soon. Both Members highlighted the passion around high streets, which, as we all know across the House, are vital to the heart and soul of any community. I am grateful to them for raising new clause 34 on compulsory purchase orders. The measures already in the Bill put it beyond doubt that local authorities have the power to use compulsory purchase for regeneration processes, but we are modernising the process to make it faster and more efficient.
As I announced in Committee, we are going even further by asking the Law Commission to undertake a review and consolidation of the law on compulsory purchase and compensation, to make it more accessible and easier to understand. As part of that work, the Law Commission will review existing CPO enabling powers to ensure that they are fit for purpose, and will make recommendations where appropriate. I do not believe that the new clause is necessary; however, I put on the record my gratitude to both Members for the incredibly constructive way that they have engaged on not just this part of the Bill but all of it, particularly regarding planning and housing matters. My hon. Friend the Member for Isle of Wight said that I promised a visit. I am very much looking forward to visiting the Isle of Wight in due course.
Mr Betts
On the CPO powers, the Law Commission will not look at the valuations. Who will do that review work? Also, could the Minister set out very simply how the new arrangements will be simpler and quicker for local authorities to organise?
Dehenna Davison
One reason that we have asked the Law Commission to undertake the review is to ensure that we deliver in the most appropriate way, but I am happy to follow up separately with the hon. Member on hope value, because it is something that we will come to in the future.
The hon. Member for Westmorland and Lonsdale (Tim Farron) and I had a great time in Committee during the few days that I was there in my role as Minister. It was always incredibly good natured, and I thank him for that. He spoke on new clause 46, as did the hon. Member for North Shropshire (Helen Morgan), which is on business rates reform. As both hon. Members are no doubt aware, the Government recently conducted a business rates review, and the report was published at the time of the 2021 autumn Budget. A package of reforms announced then was worth £7 billion over five years. In the autumn statement incredibly recently, the Government went even further and announced a broad range of business rates measures worth an estimated additional £13.6 billion over the next five years, including freezing the multiplier. The Chancellor of the Exchequer also announced the extension of the retail, hospitality and leisure relief scheme, and a transitional relief scheme for the 2023 valuation.
Helen Morgan
I appreciate the points that the Minister makes, but they are tinkering around the edges of the existing system. We are asking for root and branch review of how business rates are levied.
Dehenna Davison
While I understand the intention behind the new clause, we consider it unnecessary on the basis that a review has been concluded only recently, and we have put in place an incredibly robust support package.
Tim Farron
I am grateful to the Minister for what she is saying. To add to what my hon. Friend the Member for North Shropshire said, there may be much to commend that particular part of the autumn statement, but is the very package not an admission that the system is broken? Tinkering on the edges will not help. Surely it needs full reform and replacement if we are to support our town and village centres.
Dehenna Davison
I am grateful to the hon. Member, and indeed all colleagues who have engaged with us on business rates reform. I will not go over arguments that I have already made. We will not accept the new clause, but I hope that hon. Members recognise that we are very much committed to ensuring that business rates are not an impediment to businesses investing in and residing within our high streets.
The hon. Member for Westmorland and Lonsdale also spoke to new clause 45 on electoral system reform. It was no surprise to hear the Lib Dems talking about electoral reform, and I do not want to rehash debates from Committee. I know that he and his party are passionate about this subject, but he will not be surprised to learn that the Government will not accept the new clause.
Turning to my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken), I want to put on record my sincere praise for her campaigning on the repeal of the Vagrancy Act. She is so passionate on this issue and I am grateful to her for her positive engagement. I look forward to working with her as this progresses. On her new clause 4, I have to admit that I would not want to make a commitment today, but I am keen to work with her to understand the issue of local voting rights in her constituency more fully. I would love to get a meeting in with her in due course to see whether this is something that we can review.
The hon. Member for Brighton, Pavilion (Caroline Lucas) made an impassioned case on an issue on which I know she is very passionate. It was great to find agreement with her, as we both believe in devolving power to a local level to tackle local challenges. In the White Paper we set out a skills mission which set a target to increase the number of people completing high-quality skills training in every area of the UK by 200,000, with 80,000 more people competing skills training in the lowest skilled areas of the UK. The White Paper also highlighted the importance of the Government’s net zero target in helping to achieve that mission. The Government’s net zero strategy also makes a commitment to ensuring that the skills system is incentivised and equipped to deliver the skills necessary for the transition to net zero, as well as a commitment to growing post-16 training programmes such as green skills boot camps, apprenticeships and T-Levels. We will not be accepting the hon. Member’s amendment today, but I hope she recognises that there is a commitment from the Government, through the White Paper and other strategies, to ensure that we hit those net zero targets.
I want to make two quick final points. First, I want to say how grateful I am to my hon. Friend the Member for Gosport (Dame Caroline Dinenage) for her positive engagement on the issue of council tax for houses of multiple occupancy. We have reached a good position and I look forward to working with her and her constituent Mr Brewer throughout the consultation and beyond to ensure that we get it right.
Finally, the hon. Member for Sheffield South East (Mr Betts) raised points on the standards board and compulsory purchase orders, but I want to latch on to something he said about his belief in devolution—something that he and we in the Government absolutely share. He talked about brownfield land, and he will know about the brownfield land release fund, which has been so crucial in helping to support and regenerate brownfield areas. I would be happy to engage with him and I look forward to working with him and the Committee in my wider ministerial role.
In closing, I hope that hon. Members can see from the amendments that the Government have tabled today that we have listened to the concerns that have been raised since the Bill was introduced and that we are determined that the Bill will make a tangible difference in communities up and down the country.
Question put and agreed to.
New clause 61 accordingly read a Second time, and added to the Bill.
New Clause 62
Functions in respect of key route network roads
(1) The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
(2) In section 104, in subsection (10), for “An” substitute “Except as provided for by section 107ZA(7), an”.
(3) In section 107D, in subsection (9), for “An” substitute “Except as provided for by section 107ZA(7), an”.
(4) After section 107 insert—
“Combined authorities: key route network roads
107ZA Designation of key route network roads
(1) A combined authority may designate a highway or proposed highway in its area as a key route network road, or remove its designation as a key route network road, with the consent of—
(a) each constituent council in whose area the highway or proposed highway is, and
(b) in the case of a mayoral combined authority, the mayor.
(2) The Secretary of State may designate a highway or proposed highway in the area of a combined authority as a key route network road, or remove its designation as a key route network road, if requested to do so by—
(a) the combined authority,
(b) the mayor (if any) of the combined authority, or
(c) a constituent council.
(3) A designation or removal under this section must be in writing and must state when it comes into effect.
(4) The Secretary of State must send a copy of a designation or removal under subsection (2) to the combined authority in question at least 7 days before the date on which it comes into effect.
(5) A combined authority must publish each designation or removal under this section of a key route network road within its area before the date on which it comes into effect.
(6) A combined authority that has key route network roads in its area must keep a list or map (or both) accessible to the public showing those roads.
(7) The requirements in section 104(10) and section 107D(9)(a) do not apply to provision under section 104(1)(d) and section 107D(1) contained in the same instrument so far as that provision—
(a) confers a power of direction on an existing mayoral combined authority regarding the exercise of an eligible power in respect of key route network roads in the area of that combined authority,
(b) provides for that power of direction to be exercisable only by the mayor of the combined authority, and
(c) is made with the consent of the mayor after the mayor has consulted the constituent councils.
(8) When a mayor consents under subsection (7)(c), the mayor must give the Secretary of State—
(a) a statement by the mayor that all of the constituent councils agree to the making of the order, or
(b) if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made.
(9) In this section—
“constituent council” has the meaning given in section 104(11);
“eligible power” has the meaning given by section 88(2) of the Local Transport Act 2008;
“key route network road” means a highway or proposed highway designated for the time being under this section as a key route network road;
“proposed highway” means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans.””—(Dehenna Davison.)
This new clause provides for designation of “key route network roads” in combined authorities and makes provision about consent requirements for orders that both confer a power of direction concerning such roads and make the power exercisable only by the mayor. It will be inserted after clause 58.
Brought up, read the First and Second time, and added to the Bill.
New Clause 65
Participation of police and crime commissioners at certain local authority committees
In section 102(9) of the Local Government Act 1972 (appointment of committees), for “to which the commissioner is appointed in accordance with this section”, substitute “described in subsection (6)”.”—(Dehenna Davison.)
This new clause makes clear that the restriction in section 102(9) of the Local Government Act 1972 applies only to participation at meetings of the committees described in section 102(6) of that Act. The new clause will be inserted after clause 68.
Brought up, read the First and Second time, and added to the Bill.
New Clause 41
Duty to provide sufficient resources to Combined Authorities and Combined County Authorities
“(1) This section applies where the Government has committed funding to a Combined Authority or a Combined County Authority in order to deliver a specific project.
(2) The Secretary of State must provide commensurate financial resources to a Combined Authority or a Combined County Authority to enable the delivery of the project mentioned in subsection (1) as agreed in full.
(3) The Secretary of States must, by regulations, amend the value of this funding to reflect inflation.”—(Alex Norris.)
This new clause would commit the Government to fully funding combined authority and combined county authority projects they have committed to in the case that costs rise due to inflation.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Tuesday 13th December 2022
(2 years ago)
Commons ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: Consideration of Bill Amendments as at 13 December 2022 - large print - (13 Dec 2022)
18:01 - The House divided: - Ayes: 174 / Noes: 322 - Question accordingly negatived.
18:16 - The House divided: - Ayes: 172 / Noes: 321 - Question accordingly negatived.
18:30 - The House divided: - Ayes: 171 / Noes: 320 - Question accordingly negatived.
18:46 - The House divided: - Ayes: 171 / Noes: 319 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister of State, Department for Levelling Up, Housing and Communities (Lucy Frazer)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Dame Rosie Winterton)
With this it will be convenient to discuss the following: “a National Park the natural beauty, wildlife and cultural heritage, and the opportunities for the understanding and enjoyment of the special qualities of the area by the public, under section 5 of the National Parks and Access to the Countryside Act 1949 an Area of Outstanding Natural Beauty conserving and enhancing the natural beauty of the area, under section 82 of the Countryside and Rights of Way Act 2000”
Government new clause 49—Community land auction arrangements and their purpose.
Government new clause 50—Power to permit community land auction arrangements.
Government new clause 51—Application of CLA receipts.
Government new clause 52—Duty to pass CLA receipts to other persons.
Government new clause 53—Use of CLA receipts in an area to which section (Duty to pass CLA receipts to other persons)(1) duty does not relate.
Government new clause 54—CLA infrastructure delivery strategy.
Government new clause 55—Power to provide for authorities making joint local plans.
Government new clause 56—Parliamentary scrutiny of pilot.
Government new clause 57—CLA regulations: further provision and guidance.
Government new clause 58—Expiry of Part 4A.
Government new clause 59—Interpretation of Part 4A.
Government new clause 60—Street votes: community infrastructure levy.
Government new clause 63—Marine licensing.
Government new clause 64—Fees for certain services in relation to nationally significant infrastructure projects.
Government new clause 67—Power to decline to determine applications in cases of earlier non-implementation etc.
Amendment (a) to Government new clause 67, in proposed new section 70D(1)(d), after “subsection (2) or (3)” insert “or (3B)”.
Amendment (b) to Government new clause 67, before proposed new section 70D(4) insert—
“(3B) This subsection applies in a case where there has been a failure adequately to fulfil conditions attached to a previous planning permission.”
Government new clause 68—Duty to grant sufficient planning permission for self-build and custom housebuilding.
Government new clause 69—Street votes.
Government new clause 77—Nutrient pollution standards to apply to certain sewage disposal works.
Government new clause 78—Planning: assessments of effects on certain sites.
Government new clause 79—Remediation.
Government new clause 118—Pre-consolidation amendment of planning, development and compulsory purchase legislation.
Government new clause 119—Registration of short-term rental properties.
New clause 3—Solar panel requirements for new homes—
“(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed, use the power under section 1 of the Building Act 1984 to make building regulations for the purpose in subsection (2).
(2) That purpose is to provide that all new homes built in England from 1 April 2025 must have solar panels installed.”
This new clause would require new homes in England from 1 April 2025 to have solar panels.
New clause 5—Ecological surveys prior to planning application—
“(1) TCPA 1990 is amended as follows.
(2) After section 57 (planning permission required for development) insert—
‘57A Ecological surveys prior to planning permission
(1) Before making an application for planning permission the applicant
must undertake an ecological survey of the proposed site to establish
whether the proposed development threatens the habitat of a
vulnerable species.
(2) The Secretary of State must by regulations make provision about—
(a) such ecological surveys and requirements to undertake them,
(b) the definition of “vulnerable species” for the purposes of this
section,
(c) the mitigation hierarchy being duly followed, and
(d) the relocation of species to suitable alternative habitats where
clearance or destruction of the habitat cannot be avoided or
mitigated onsite.
(3) A person who alters a potential development site—
(a) prior to the completion of an ecological survey under this section,
and
(b) without due regard to potential habitats of vulnerable species
on the site commits an offence.
(4) A person who commits an offence under subsection (3) is liable on summary conviction to a fine.
(5) The Secretary of State may by regulations make provision about offences
under subsection (3).’
(3) After section 58A (permission in principle) insert—
‘58AA Duty of regard to wildlife habitats in granting permissions
In considering whether to grant planning permission or permission in principle for the development of land in England which threatens the habitat of a vulnerable species under section 57A the local planning authority or (as the case may be) the Secretary of State must have special regard to the desirability of preserving or enhancing the habitat.’”
This new clause requires ecological surveys establishing whether a proposed development threatens habitats of a vulnerable species before a planning application. It also requires planning authorities to take vulnerable species’ habitats into account in planning decisions and creates an offence relating to destroying habitats prior to the ecological survey.
Amendment (a) to new clause 5, in proposed new section 57A(1), leave out
“the habitat of a vulnerable species”
and insert—
“(a) the habitat of—
(i) any vulnerable or endangered species, or
(ii) any species of red status bird, or
(b) ancient woodland.”
Amendment (b) to new clause 5, after proposed new section 57A(5), insert—
“(6) In this section—
‘vulnerable or endangered species’ means a species protected by the Wildlife and Countryside Act 1981;
‘red status bird’ means any species of bird on the latest Birds of Conservation Concern red list.”
Amendment (c) to new clause 5, at end insert—
“(4) Where an ecological survey identifies that a proposed development constitutes a threat under subsection (1), any consideration of a planning application in relation to the proposed development by the local planning authority must begin with a presumption against development.”
New clause 6—Disposal of land held by public bodies—
“(1) The Local Government Act 1972 is amended in accordance with subsections (2) and (3).
(2) In section 123 (disposal of land by principal councils), after subsection (2) insert—
‘(2ZA) But the Secretary of State must give consent if the disposal is in accordance with section [Disposal of land held by public bodies] of the Levelling-up and Regeneration Act 2022.’
(3) In section 127(3) (disposal of land held by parishes and communities), after ‘(2A)’ insert ‘, (2ZA)’.
(4) The National Health Service Act 2006 is amended in accordance with subsection (5).
(5) After section 211 (acquisition, use and maintenance of property) insert—
‘211A Disposal of land held by NHS bodies
Any power granted by this Act to an NHS body to dispose of land is exercisable in accordance with section [Disposal of land held by public bodies] of the Levelling-up and Regeneration Act 2022 as if the NHS body were a local authority.’
(6) Subject to subsection (8), a disposal of land is in accordance with this section if it is in accordance with the Local Government Act 1972 General Disposal Consent (England) 2003 published in Department for Communities and Local Government Circular 06/03, as amended by subsection (7).
(7) Those amendments to the Local Government Act 1972 General Disposal Consent (England) 2003 are—
(a) after paragraph 1 insert—
‘(1A) This consent also applies to any NHS body in England as if it were
a local authority in accordance with section 211A of the National
Health Service Act 2006;’;
(b) in paragraph 2(b), for ‘£2,000,000 (two million pounds)’ substitute ‘£3,000,000 (three million pounds) or 40% of the unrestricted market value, whichever is greater’;
(c) for paragraph 3(1)(vii) substitute—
‘(viii) a Police and Crime Commissioner established under the Police Reform and Social Responsibility Act 2011;’;
(d) for paragraph 3(1)(ix) substitute—
‘(ix) the Mayor’s Office for Policing and Crime;’;
(e) for paragraph 3(1)(x) substitute—
‘(x) the London Fire Commissioner;’;
(f) after paragraph 3(1)(xii) insert—
‘(xiii) a combined authority;
(xiv) a mayoral combined authority;
(xv) the Greater London Authority;
(xvi) any successor body established by or under an Act of Parliament to any body listed in this subparagraph.’
(8) The Secretary of State may, to reflect inflation, further amend the cash value that the difference between the unrestricted value of the land to be disposed of and the consideration for the disposal must not exceed.”This new clause would bring an amended and updated version of the Local Government Act 1972 General Disposal Consent (England) 2003 into primary legislation, extends its application to NHS bodies and clarifies that the Consent applies to Police and Crime Commissioners, MOPAC and the London Fire Commissioner.
New clause 8—National Parks purposes—
(1) Section 5 of the National Parks and Access to the Countryside Act 1949 is amended in so far as it applies to England as follows.
(2) For section 5(1) substitute—
‘(1) The provisions of this Part of this Act shall have effect for the purpose—
(a) of restoring, conserving and enhancing the—
(i) biodiversity and the natural environment;
(ii) natural beauty; and
(iii) cultural heritage
of the areas specified in the next following subsection; and
(b) of providing equal opportunities for all parts of society to
improve their connection to biodiversity and the natural
environment, natural beauty and cultural heritage of those areas
and the enjoyment of their special qualities.’
(3) For section 5(2) substitute—
‘(2) The said areas are those extensive tracts of country in England which it appears to Natural England that by reason of—
(a) their biodiversity and natural environment, natural beauty and cultural heritage; and
(b) the opportunities they afford for providing equal opportunities for all parts of society to improve their connection to biodiversity and the natural environment, natural beauty and cultural heritage of those areas and the enjoyment of their special qualities, having regard both to their character and to their position in relation to centres of population,
it is especially desirable that the necessary measures shall be taken for the purposes mentioned in the last foregoing subsection.’
(4) Omit section 5(2A).
(5) After subsection (3) insert—
‘(4) In subsection (1) above—
“biodiversity” has the meaning given to the term “biological diversity” by Article 2 of the United Nations Environmental Programme Convention on Biological Diversity of 1992;
“natural environment” has the meaning given by section 44 of the Environment Act 2021;
“natural beauty” has the meaning given by section 114(2) of this Act;
“cultural heritage” means any building, structure, other feature of the natural or built environment or site, which is of historic, architectural, archaeological or artistic interest.’
(6) The amendments made by subsections (1) to (5) above are without prejudice to the continuing validity of any designation of an area as a National Park under subsection (3) of that section.”
This new clause will amend the statutory purposes of National Parks to make it clearer that National Parks should actively recover nature and improve people’s connection with nature, as recommended by the Glover Review. Part (3) amends the criteria for designating new National Parks in line with the updated purposes.
New clause 9—Duty of certain bodies and persons to have regard to the purposes for which National Parks are designated—
“(1) Section 11A (Duty of certain bodies and persons to have regard to the purposes for which National Parks are designed) of the National Parks and Access to the Countryside Act 1949 is amended in so far as it applies to England as follows.
(2) After subsection (1) insert—
‘(1A) A National Park authority, in pursuing in relation to the National Park the purposes specified in subsection (1) of section 5 of this Act, shall seek to promote climate change mitigation and adaptation, in particular through policies and projects that restore, conserve and enhance biodiversity and the natural environment while also reducing, or increasing the removal of, greenhouse gas emissions or supporting climate adaptation.’
(3) For subsection (2) substitute—
‘(2) In exercising or performing any functions in relation to, or so as to affect, land in a National Park, any relevant authority must further the purposes specified in subsection (1) of section 5 of this Act and, if it appears that there is a conflict between paragraphs (a) and (b) of that subsection, shall attach greater weight to the purpose of restoring, conserving and enhancing the natural environment and biodiversity, natural beauty and cultural heritage of the area comprised in the National Park.’”
This new clause implements two recommendations from the Glover Review, to give National Park authorities a new duty to address climate change and to strengthen the existing duty on public bodies to “further” National Park purposes.
New clause 10—National Park Management Plans—
“(1) Section 66 (National Park Management Plans) of the Environment Act 1995 is amended in so far as it applies to England as follows.
(2) After subsection (1) insert—
‘(1A) A National Park Management Plan must include targets and actions to be achieved before the review of the plan under subsection (4) by the National Park authority and other relevant authorities that are exercising or performing any functions in relation to, or so as to affect, land in the National Park.
(1B) The targets and actions must include those that will contribute to—
(a) the furthering of the purposes specified in subsection (1) of section 5 of the National Parks and Access to the Countryside Act 1949;
(b) the achievement of targets as may be set under
(i) sections 1 to 7 of the Environment Act 2021;
(ii) environmental improvement plans prepared under sections 8 to 15 of that Act; and
(iii) the Climate Change Act 2008 for the protection of the climate, including in respect of the mitigation of, and adaptation to, climate change; and
(c) the implementation of any local nature recovery strategies for an area within the National Park prepared under sections 104 to 107 of the Environment Act 2021.
(1C) In exercising or performing any functions in relation to, or so as to affect, land in a National Park, a relevant authority must—
(a) in the case of a relevant authority other than a National Park authority, assist with the preparation of the National Park Management Plan by providing to the National Park authority a list of the actions that the relevant authority will take reasonable steps to undertake over the 5 years of the Plan to further the purposes specified in subsection (1) of section 5 of the National Parks and Access to the Countryside Act 1949;
(b) take reasonable steps to undertake those actions within that period; and
(c) in the case of a relevant authority other than a National Park authority, at least six months prior to the commencement of the review of the National Park Management Plan, provide to the National Park authority the details of the actions that the relevant authority has undertaken during the period to which the Plan relates.
(1D) For the purposes of (1A) and (1B) “relevant authority” has the same meaning as in section 11A(3) of the National Parks and Access to the Countryside Act 1949.’
(3) After subsection (4) insert—
‘(4A) At least three months prior to the commencement of a review under subsection (4) a National Park authority must publish a report setting out, in particular, details of—
(a) targets and actions in the National Park Management Plan that have been achieved;
(b) targets and actions that have not been achieved;
(c) targets and actions that the National Park authority is not yet able to determine whether they have been achieved, the reasons for that and the steps the National Park authority or any other relevant authority intends to take in order to determine whether the target or action has been achieved, and, in respect of (b), the reasons why a target or action has not been achieved and the steps the National Park authority or any other relevant authority has taken, or intends to take, to ensure the target or action is achieved as soon as reasonably practicable.
(4B) Within three months of the publication of the report prepared in accordance with subsection (4A) Natural England must provide and publish advice to the National Park authority and any relevant authority as it sees fit, in relation to the National Park Management Plan that is to be reviewed, on—
(a) the extent to which and reasons why any targets in that Plan have not been met;
(b) actions that should be taken by the National Park authority or any relevant authority to ensure that the target is achieved as soon as possible; and
(c) targets to be set in the revised plan.
(4C) Advice given under (4B) must also contain the reasons for that advice.
(4D) It shall be the duty of a National Park authority and any relevant authority to follow the advice given under subsection (4B) unless it appears unreasonable to do so, in which case the National Park authority or relevant authority must publish a statement giving reasons why it is not following that advice.
(4E) At the same time as the publication of a report under paragraph (c) of subsection (6), a National Park authority must publish a report on its response to the advice given under (4B) and any actions taken by the National Park authority or any other relevant authority as a result of the advice given under paragraph (b) of subsection (4B).’
(4) For subsection (7) substitute—
‘(7) A National Park authority which is proposing to publish, adopt or review any plan under this section must publish notice of the proposal and a copy of the plan, together (where appropriate) with any proposed amendments of the plan and consult—
(a) every principal council and corporate joint committee whose area is wholly or partly comprised in the relevant Park;
(b) Natural England;
(c) the Environment Agency;
(d) any other relevant authority that is exercising or performing any functions in relation to, or so as to affect, land in a National Park; and
(e) the general public.’
(5) After subsection (7) insert—
‘(7A) A National Park authority must take into consideration any observations made by any of the persons consulted under subsection (7).’
(6) After subsection (8) insert—
‘(8A) Any plan which a National Park authority publishes, adopts or amends following a review under this section shall not be made operational until it is approved in writing by the Secretary of State on advice from Natural England.’
(7) After section 66 insert—
‘66A Guidance on the preparation of National Park Management Plans: England
(1) Natural England must issue guidance to National Park authorities on the preparation, content and implementation of National Park Management Plans.
(2) Guidance must be—
(a) published by Natural England in such manner as Natural England sees fit;
(b) kept under review; and
(c) revised where Natural England considers it appropriate.
(3) A National Park authority must have regard to the guidance when preparing and implementing a National Park Management Plan.
66B Annual reports on the implementation of National Park Management Plans: England
(1) As soon as practicable after the end of each financial year, a National Park authority in England must prepare a report on the implementation of the current National Park Management Plan during that year and send a copy of the report to the Secretary of State and Natural England.
(2) The report must include an assessment of—
(a) the progress that has been made during the financial year in achieving the targets and actions set out in the National Park Management Plan;
(b) the further progress that is needed to achieve those targets and actions and the steps the National Park authority or any other relevant authority will take to ensure the target or action is achieved before the next review of the Plan under subsection (4) of section 66; and
(c) whether those targets and actions are likely to be achieved before the next review of the Plan under subsection (4) of section 66.
(3) A relevant authority other than a National Park authority that is exercising or performing any functions in relation to, or so as to affect, land in a National Park in England must contribute to the report by providing to the National Park authority the details of the actions that the relevant authority has undertaken to further the purposes of the National Park specified in subsection (1) of section 5 of the National Parks and Access to the Countryside Act 1949 during the financial year to which the report relates.
(4) The Secretary of State must lay a copy of the report before Parliament and publish the report.
(5) “Relevant authority” has the same meaning as in section 11A(3) of the National Parks and Access to the Countryside Act 1949.
66C Duty to provide advice or other assistance on request: England
Natural England must, at the request of a National Park authority or other relevant authority, provide advice, analysis, information or other assistance to the authority in connection with—
(a) the authority's functions under this or any other Act; and
(b) the progress made towards meeting the targets and actions included in a National Park Management Plan.
66D Strategic priorities and objectives for National Parks: England
(1) Within six months of the entering into force of this section, the Secretary of State must publish a statement setting out strategic priorities and objectives for National Park authorities and relevant authorities in carrying out relevant functions.
(2) National Park authorities and relevant authorities must carry out those functions in accordance with any statement published under this section.
(3) In formulating a statement under this section, the Secretary of State must further the purposes in section 5 of the National Parks and Access to the Countryside Act 1949 (“the 1949 Act”).
(4) Before publishing a statement under this section, the Secretary of State must consult—
(a) National Park authorities;
(b) Natural England; and
(c) such relevant authorities as the Secretary of State thinks appropriate.
(5) Before publishing a statement under this section the Secretary of State must—
(a) lay a draft of the statement before Parliament; and
(b) then wait until the end of the 40-day period.
(6) The Secretary of State may not publish the final statement under this section if, within the 40-day period, either House of Parliament resolves not to approve it.
(7) “The 40-day period” means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid).
(8) When calculating the 40-day period, ignore any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
(9) The Secretary of State shall, in accordance with this section, publish a revised statement no later than five years after the publication of each statement.
(10) In this section—
“relevant authorities” shall have the same meaning as in section 11A of the 1949 Act; and
“relevant functions” means, for National Park authorities, the functions mentioned in Part III of this Act and, for relevant authorities, those functions mentioned in section 11A(2) of the 1949 Act.’”
This new clause would implement the recommendation of the Glover Review that National Park Management Plans should contain targets, priorities and actions to deliver the purposes of National Parks. It would also require National Park authorities and other public bodies to set out what steps they will take to achieve those targets, priorities and actions.
New clause 11—National Park Authorities—
“(1) Schedule 7 to the Environment Act 1995 is amended in so far as it applies to England as follows.
(2) In paragraph 1(3) after “must” insert “not”.
(3) In paragraph 2(3)(c) omit “only at the request of that council”.
(4) After paragraph 2(4) insert—
“(4A) In appointing local authority members of a National Park authority, a principal council must have regard to the desirability of—
(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949; and
(b) maintaining an overall balance between members with experience of and capacity in those purposes.”
(5) After paragraph 3(2) insert—
“(2A) In appointing parish members of a National Park authority the Secretary of State must have regard to the desirability of—
(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949; and
(b) maintaining an overall balance between members with experience of and capacity in those purposes.”
(6) After paragraph 4(1) insert—
“(1A) In appointing members of a National Park authority the Secretary of State must have regard to the desirability of—
(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949; and
(b) maintaining an overall balance between members with experience of and capacity in those purposes.””
This new clause would allow the Secretary of State to amend secondary legislation to increase the proportion of National Park authority members who are nationally appointed, on the basis of their skills and experience. It would also require that consideration is given to ensuring members have relevant experience.
New clause 12—Requirements to encourage the development of small sites—
“(1) In respect of a development where the conditions in subsection (2) are satisfied, local authorities must support opportunities to bring forward sites and apply a presumption in favour of development.
(2) The conditions are that—
(a) the site is less than 0.25 hectares in area, and
(b) the site contains over 60% affordable housing.
(3) In this section, “affordable housing” has the same meaning as in Annex 2 of the NPPF.”
This new clause would provide for a presumption in favour of development for affordable-led small sites and encourage councils to bring forward small sites for development.
New clause 13—Duty of regard to the right to nature—
“(1) It is the duty of public authorities when exercising their functions under this Act to have special regard to the right to nature.
(2) For the purposes of subsection (1), the “right to nature” means the right to a clean, healthy and sustainable environment.
(3) Contributing to providing and maintaining a clean, healthy and sustainable environment includes increasing access to natural spaces and reducing geographical inequalities in this access.”
This new clause would create a right to a clean, healthy and sustainable environment, and require authorities to increase access to nature and to ensure access is equitably distributed across different communities.
New clause 14—FloodRe Build Back Better scheme participation—
“(1) The Financial Conduct Authority must, before the end of the period of six months beginning on the day this Act is passed, make rules under the Financial Services and Markets Act 2000 requiring insurance companies participate in the FloodRe Build Back Better scheme to reimburse flood victims for costs of domestic flood resilience and prevention measures.
(2) In making those rules the Financial Conduct Authority must have regard to its operation objectives to—
(a) protect consumers, and
(b) promote competition.”
This new clause would require the Financial Conduct Authority to make rules requiring insurance companies to participate in the currently voluntary Build Back Better scheme, which was launched by FloodRe in April 2022.
New clause 15—Minimum requirements for flood mitigation and protection—
“(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed, use the power under section 1 of 5 the Building Act 1984 to make building regulations for the purpose in subsection (2).
(2) That purpose is to set minimum standards for new build public and private properties in England for—
(a) property flood resilience,
(b) flood mitigation, and
(c) waste management in connection with flooding.”
This new clause would require the Government to set minimum standards for flood resilience, flood mitigation and flood waste management in building regulations.
New clause 16—Duty to make flooding data available—
“(1) The Secretary of State and local authorities in England must take all reasonable steps to make data about flood prevention and risk publicly available
(2) The duty under subsection (1) extends to seeking to facilitate use of the data by—
(a) insurers for the purpose of accurately assessing risk, and
(b) individual property owners for the purpose of assessing the need for property flood resilience measures.”
This new clause would place a duty on the Government and local authorities to make data about flood prevention and risk available for the purpose of assisting insurers and property owners.
New clause 17—Flood prevention and mitigation certification and accreditation schemes—
“(1) The Secretary of State must by regulations establish—
(a) a certification scheme for improvements to domestic and commercial properties in England made in full or in part for flood prevention or flood mitigation purposes, and
(b) an accreditation scheme for installers of such improvements.
(2) The scheme under subsection (1)(a) must—
(a) set minimum standards for the improvements, including that they are made by a person accredited under subsection (1)(b), and
(b) provide for the issuance of certificates stating that improvements to properties have met those standards.
(3) The scheme under subsection (1)(a) may make provision for the certification of improvements that were made before the establishment of the scheme provided those improvements meet the minimum standards in subsection (2)(a).
(4) Regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(5) A draft statutory instrument containing regulations under this section must be laid before Parliament before the end of the period of six months beginning with the day on which this Act comes into force.”
This new clause would require the Government to establish a certification scheme for improvements to domestic and commercial properties in England made for flood prevention or flood mitigation purposes and an accreditation scheme for installers of such improvements.
New clause 18—Insurance premiums—
“(1) The Financial Conduct Authority must, before the end of the period of six months beginning on the day this Act is passed, make rules under the Financial Services and Markets Act 2000 requiring insurance companies to take into account the matters in subsection (2) when calculating insurance premiums relating to residential and commercial properties.
(2) Those matters are—
(a) that certified improvements have been made to a property under section [flood prevention and mitigation certification and accreditation schemes], or
(b) that measures that were in full or in part for the purposes of flood prevention or mitigation have been taken in relation to the property that were requirements of the local planning authority for planning permission purposes.”
This new clause would require the Financial Conduct Authority to make rules requiring insurance companies to take into account flood prevention or mitigation improvements that are either certified or planning permission requirements in setting insurance premiums.
New clause 19—Flood Reinsurance scheme eligibility—
“(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed—
(a) establish a new Flood Reinsurance scheme under section 64 of the Water Act 2014 which is in accordance with subsection (2), and
(b) lay before Parliament a draft statutory instrument containing regulations under that section to designate that scheme.
(2) A new Flood Reinsurance scheme is in accordance with this section if it extends eligibility to—
(a) premises built on or after 1 January 2009 which have property flood resilience measures that meet the standard under section [minimum requirements for flood mitigation and protection](2)(a), and
(b) buildings insurance for small and medium-sized enterprise premises.
(3) The Secretary of State may by regulations require public bodies to share business rates information with the scheme established under subsection (1)(a) for purposes connected with the scheme.
(4) The Water Act 2014 is amended in accordance with subsections (5) to (9).
(5) In section 64 (the Flood Reinsurance scheme), after “household premises”, in each place it occurs, insert “and small and medium-sized enterprise premises”.
(6) In section 67 (scheme administration), after “household premises”, in each place it occurs, insert “and small and medium-sized enterprise premises”.
(7) After section 69 (disclosure of HMRC council tax information) insert—
“(69A) Disclosure of business rates information
(1) The Secretary of State may by regulations require public bodies to disclose information relating to business rates to any person who requires that information for either of the following descriptions of purposes—
(a) purposes connected with such scheme as may be established and designated in accordance with section 64 (in any case arising before any scheme is so designated);
(b) purposes connected with the FR Scheme (in any case arising after the designation of a scheme in accordance with section 64).
(2) A person to whom information is disclosed under regulations made under subsection (1)(a) or (b)—
(a) may use the information only for the purposes mentioned in subsection (1)(a) or (b), as the case may be;
(b) may not further disclose the information except in accordance with those regulations.”
(8) In section 82(5) (interpretation)—
(a) for “69” substitute “69A”;
(b) after “household premises” insert “small and medium-sized enterprise premises”.
(9) In section 84(6) (regulations and orders), after paragraph (e) insert—
“(ea) regulations under section 69A (disclosure of business rates information),”.”
This new clause would require the Government to extend the FloodRe scheme to premises built since 2009 that have property flood resilience measures that meet minimum standards and buildings insurance for small and medium-sized enterprise premises.
New clause 20—Strengthening local powers on new home standards, affordable housing and bus services—
“(1) The Secretary of State must make Building Regulations under section 1 of the Building Act 1984 providing that new homes in England must meet the full requirements of the Future Homes Standard from 1 January 2023.
(2) A local authority in England may choose to require and enforce minimum carbon compliance standards for new homes in its area which exceed the Future Homes Standard from that date.
(3) Notwithstanding the National Planning Policy Framework, a local planning authority may mandate that any new housing in its area is affordable.
(4) A local planning authority may define “affordable” for the purposes of subsection (3).
(5) Notwithstanding section 66 of the Transport Act 1985, a local authority in England shall have power to provide a service for the carriage of passengers by road which requires a PSV operator’s licence.”
This new clause would bring forward the date for which the Future Homes Standard for carbon compliance of new homes would apply and give local authorities the option of imposing higher standards locally; it would enable local authorities to mandate that new housing under their jurisdiction is affordable and confer new powers on local authorities to run their own bus services.
New clause 40—Requirement to hold a referendum on fracking applications—
“(1) This section applies to any planning application for the purposes of, or in connection with, hydraulic fracturing.
(2) The local planning authority may not approve an application to which this section applies unless it has been approved by a referendum in accordance with subsection (3).
(3) A referendum is in accordance with this subsection if—
(a) it is a poll of all local authority electors resident in the license area or the impact zone of the proposed hydraulic fracturing site; and
(b) it is approved by the majority of such electors who vote in the referendum.
(4) The Secretary of State may, by regulations, make further provision about the conduct of referendums under subsection (3).
(5) In making regulations under subsection (4) the Secretary of State must have regard to the provisions of the Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2014).
(6) The total referendum expenses incurred must be paid in full by the planning applicant.”
New clause 43—Planning permission required for use of dwelling as second home—
“(1) The Town and Country Planning Act 1990 is amended as follows.
(2) In section 55 (meaning of “development” and “new development”), after subsection (3)(a) insert—
“(aa) the use of a dwelling as a second home following a change in ownership involves a material change in the use of the building (whether or not it was previously used as a second home);”.”
This new clause would mean planning permission would be required for a dwelling to be used as a second home following a change of ownership.
New clause 44—Local authorities to be permitted to require that new housing in National Parks and AONB is affordable—
“(1) Notwithstanding the National Planning Policy Framework, a local planning authority may mandate that any new housing in its area that is within—
(a) a National Park, or
(b) an Area of Outstanding Natural Beauty
is affordable.
(2) A local planning authority may define “affordable” for the purposes of subsection (1).”
This new clause would enable local authorities to mandate that new housing under their jurisdiction and within a National Park or an Area of Outstanding Natural Beauty is affordable, and to define “affordable” for that purpose.
New clause 47—Disability accessibility standards for railway stations—
“(1) The Secretary of State must take all reasonable steps to ensure that railway stations in England—
(a) provide step-free access from street to train, and
(b) meet in full and as soon as possible the disability access standards in the Design Standards for Accessible Railway Stations Code of Practice published by the Department for Transport and Transport Scotland in March 2015.
(2) Any requirements made in conjunction with that duty may not make any exemptions or concessions for small or remote stations.
(3) In undertaking the duty in subsection (1) the Secretary of State may—
(a) make an application to the Office of Rail and Road under section 16A (provision, improvement and development of railway facilities) of the Railways Act 1993;
(b) revise the code of practice under section 71B (code of practice for protection of interests of rail users who are disabled) of the Railways Act 1993;
(c) amend the contractual conditions of any licenced railway operator;
(d) instruct Network Rail to take any action the Secretary of State considers necessary in connection to the duty.
(4) The Secretary of State must report annually to Parliament on performance against the duty.”
This new clause places a duty on the Secretary of State to ensure that railway stations meet disability access standards.
New clause 72—Super-affirmative procedure for EOR regulations made under Part 5—
“(1) If the Secretary of State proposes to make EOR regulations which fall under section 195(5), the Secretary of State must lay before Parliament a document that—
(a) explains the proposal, and
(b) sets it out in the form of draft EOR regulations.
(2) During the period of 60 days beginning with the day on which the document was laid under subsection (1) (“the 60-day period”), the Secretary of State may not lay before Parliament draft regulations to give effect to the proposal (with or without modifications).
(3) In preparing draft regulations under this Part to give effect to the proposal, the Secretary of State must have regard to any of the following that are made with regard to the draft regulations during the 60-day period—
(a) any representations, and
(b) any recommendations of a committee of either House of Parliament
charged with reporting on the draft regulations.
(4) When laying before Parliament draft regulations to give effect to the proposal (with or without modifications), the Secretary of State must also lay a document that explains any changes made to the proposal contained in the document laid before Parliament under subsection (1).
(5) In calculating the 60-day period, no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than 4 days.”
This new clause would require EOR regulations made under Part 5 to be subject to the super-affirmative procedure.
New clause 73—National development management policy—
“(1) A national development management policy must not include any provision that—
(a) requires any housing to be built on the green belt; or
(b) encourages the building of housing on the green belt.
(2) For the purpose of this section, “the green belt” means any land designated as green belt by a local planning authority.”
This new clause would ensure that the government cannot use national development management policies to allow housing to be built on green belt land.
New clause 80—Prohibition of onshore developments for purposes of oil and gas searching, boring and extraction—
“(1) The Petroleum Act 1988 is amended in accordance with subsection (2).
(2) In section 3 (licences to search and bore for and get petroleum), after subsection (2) insert—
“(2A) But the appropriate authority may not issue any new such onshore licence after the day on which the Levelling-up and Regeneration Act 2023 is passed.
(2B) The prohibition in subsection (2A) includes licences or consents relating to hydraulic fracturing.”
(3) A planning authority or Secretary of State may not grant planning permission to any proposed development for the purposes of searching for, boring for or getting petroleum.
(4) This section comes into force on the day on which this Act is passed.”
This new clause would prevent planning authorities or the Secretary of State from granting planning permission to any new onshore oil or gas developments, including hydraulic fracturing.
New clause 81—Prohibition of development for the purpose of coal-mining—
“(1) The Coal Industry Act 1994 is amended in accordance with subsection (2).
(2) In section 26 (Grant of licences), after subsection (2) insert—
“(2A) But the appropriate authority may not issue any new such licence after the day on which the Levelling-up and Regeneration Act 2023 is passed.
(2B) The prohibition in subsection (2A) includes licences or consents relating to—
(a) any new coal mine; and
(b) the expansion of, or extension to, any existing coal mine (including time-extension applications).”
(3) A minerals planning authority must not grant planning permission to any proposed development for the purposes of coal-mining operations.
(4) A minerals planning authority must not grant any extension of existing planning permission to any development for the purposes of coal-mining operations.
(5) This section comes into force on the day on which this Act is passed.”
New clause 83—Industrial support reporting—
“(1) The Secretary of State must prepare annual reports on—
(a) the rates of the matters in subsection (2), and
(b) the extent to which the fiscal and regulatory framework supports growth in those matters in areas with rates of poverty, unemployment or economic inactivity above the national average.
(2) The matters are—
(a) new factory openings,
(b) investment in new factory equipment,
(c) the introduction of tailored skills-acquisition programmes, and
(d) the creation of manufacturing jobs.
(3) The first such report must be laid before Parliament before the end of 2023.
(4) A further such report must be laid before Parliament in each subsequent calendar year.”
This new clause would require the Secretary of State to report annually to Parliament on the rates of, and the extent to which the fiscal and regulatory framework supports, new factory openings, investment in new factory equipment, introduction of tailored skills-acquisition programmes and creation of manufacturing jobs in areas with rates of poverty, unemployment or economic inactivity above the national average.
New clause 85—Wildbelt—
“(1) Local planning authorities should maintain a register of wildbelt land in their local areas (see section 106(c) of the Environment Act 2021).
(2) Wildbelt land must be recognised in Local Plans based on areas identified in the Local Nature Recovery Strategy.
(3) Local planning authorities must act in accordance with Local Nature Recovery Strategy wildbelt designations in the exercise of relevant functions, including land use planning and planning decisions.
(4) Wildbelt land should not be subject to land use change that hinders the recovery of nature in these areas.”
This new clause would secure a land designation in England that provides protection for sites being managed for nature’s recovery, identified through the Local Nature Recovery Strategies created by the Environment Act. Sites designated as wildbelt in Local Plans would be subject to only moderate controls, precluding development but allowing farming and other land uses which do not hinder the recovery of nature.
New clause 86—Wildbelt & the Environment Act—
“In section 106(5) of the Environment Act 2021, after paragraph (b) insert—
“(c) any sites identified as having potential for nature’s recovery, to be known as wildbelt sites;””
New clause 87—Energy efficiency measures in listed buildings—
“(1) The Secretary of State must make regulations about the use of energy efficiency measures in residential listed buildings.
(2) The aim of the regulations must be to make it easier for owners of residential listed buildings to improve the energy efficiency of those buildings.
(3) The regulations may impose any requirement upon Historic England that the Secretary of State considers necessary in order to achieve the aim in subsection (2).
(4) In this section, “energy efficiency measures” include—
(a) the installation of heat pumps; and
(b) any measure aimed at improving the energy efficiency rating of a property.”
New clause 88—New Permitted Development Right—
“(1) The Secretary of State must, by regulations, create a new permitted development right to allow existing residential buildings to be redeveloped without further planning consent if—
(a) the building is in an urban area,
(b) the local authority has issued one or more design codes for the area in which the building is situated, and the redevelopment complies with it,
(c) the building is not a listed building or subject to other heritage protections, and
(d) the redevelopment complies with all relevant building safety regulations.
(2) Subsection (1) comes into force after a period of six months beginning on the day on which this Act is passed.
(3) A local planning authority must issue one or more design codes for residential buildings in all urban areas within their boundaries within six months of the passage of this Act.”
This new clause would create simplified residential planning permission for homes in towns and cities which comply with designs that have been pre-approved by their Local Authority.
New clause 89—Peat Extraction: no compensation for alteration of planning permissions—
“(1) Section 107 of the Town and Country Planning Act 1990 is amended as follows.
(2) After subsection (5), insert—
“(6) From 1 January 2024, this section does not apply to permissions relating to the extraction of peat.””
This new clause removes a barrier that prevents Mineral Planning Authorities taking action to bring to an end the extraction of peat within England. It is timed to coincide with the expected legal ban on the sale of peat and peat containing products in England and Wales.
New clause 92—Chief Planning Officers—
“(1) The Town and Country Planning Act 1990 is amended as follows.
(2) After section 1 insert—
“1A Planning authorities: chief planning officer
(1) Each planning authority must have a chief planning officer.
(2) The role of an authority’s chief planning officer is to advise the authority about the carrying out of—
(a) the functions conferred on them by virtue of the planning Acts, and
(b) any function conferred on them by any other enactment, insofar as the function relate to development.
(3) The Secretary of State must issue guidance to planning authorities concerning the role of an authority’s chief planning officer.
(4) A planning authority may not appoint a person as their chief planning officer unless satisfied that the person has appropriate qualifications and experience for the role.
(5) In deciding what constitutes appropriate qualifications and experience for the role of chief planning officer, a planning authority must have regard to any guidance on the matter issued by the Secretary of State.””
This new clause would place a duty on local planning authorities to appoint a Chief Planning Officer to perform planning functions and requires them to appoint sufficiently qualified persons to perform them with regard to guidance from the Secretary of State.
New clause 94—Vacant higher value local authority housing—
“(1) The Housing and Planning Act 2016 is amended as follows.
(2) Leave out Chapter 2 of Part 4 (Vacant higher value local authority housing).”
This new clause would implement the decision set out in the 2018 social housing green paper to not require local authorities to make a payment in respect of their vacant higher value council homes as provided for by the Housing and Planning Act 2016.
New clause 95—Review of Permitted Development Rights—
“(1) The Secretary of State must establish a review of permitted development rights under Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).
(2) The review should include an assessment of—
(a) the past effectiveness of permitted development rights in achieving housing targets;
(b) the quality of housing delivered under permitted development rights;
(c) the impacts of permitted development on heritage, conservation areas and setting;
(d) the estimated carbon impact of the use of permitted development rights since the expansion of permitted development to demolition;
(e) the relative cost to local planning authorities of processing permitted development compared to full planning consents;
(f) potential conflict between existing permitted development rights and the application of national development management policies;
(g) the impact of permitted development rights, or other policies in this Bill designed to deliver streamlined consent, on the efficacy of levelling-up missions.
(3) The Secretary of State must publish a report of the recommendations made by this review no later than twelve months after this Act comes into force.”
This new clause would commit the government to carrying out a comprehensive review of permitted development rights within 12 months of the Bill securing Royal Assent.
New clause 96—Local authority planning committee meetings—
“(1) The Secretary of State must by regulations make provision relating to—
(a) requirements to hold local authority planning committee meetings;
(b) the times at or by which, periods within which, or frequency with which, local authority planning committee meetings are to be held;
(c) the places at which local authority planning committee meetings are to be held;
(d) the manner in which persons may attend, speak at, vote in, or otherwise participate in, local authority planning committee meetings;
(e) public admission and access to local authority planning committee meetings;
(f) the places at which, and manner in which, documents relating to local authority planning committee meetings are to be open to inspection by, or otherwise available to, members of the public.
(2) The provision which must be made by virtue of subsection (1)(d) includes in particular provision for persons to attend, speak at, vote in, or otherwise participate in, local authority planning committee meetings without all of the persons, or without any of the persons, being together in the same place.”
This new clause would allow local authorities to hold planning committee meetings and reach planning decisions virtually or in a hybrid form.
New clause 97—Chief Planning Officers—
“(1) The Town and Country Planning Act 1990 is amended as follows.
(2) After section 1 insert—
“1A Planning authorities: chief planning officer
(1) Each planning authority must have a chief planning officer.
(2) The role of an authority’s chief planning officer is to advise the authority about the carrying out of—
(a) the functions conferred on them by virtue of the planning Acts, and
(b) any function conferred on them by any other enactment, insofar as the function relate to development.
(3) The Secretary of State must issue guidance to planning authorities concerning the role of an authority’s chief planning officer.
(4) A planning authority may not appoint a person as their chief planning officer unless satisfied that the person has appropriate qualifications and experience for the role.
(5) In deciding what constitutes appropriate qualifications and experience for the role of chief planning officer, a planning authority must have regard to any guidance on the matter issued by the Secretary of State.””
This new clause would place a duty on local planning authorities to appoint a Chief Planning Officer to perform planning functions and requires them to appoint sufficiently qualified persons to perform them with regard to guidance from the Secretary of State.
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.”
This new clause would place an overarching duty on the Secretary of State, local planning authorities and those involved in neighbourhood plan-making to achieve the mitigation and adaptation of climate change when preparing plans and policies or exercising their functions in planning decision-making.
New clause 99—Permitted development: temporary use of land—
“(1) Section 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 is amended in accordance with subsection (2).
(2) After subsection (6) insert—
“(6A) Where the proposed use of any land is to operate a commercial helicopter service—
(a) the local planning authority must be notified of the date the site will be used for this purpose, and
(b) the site must be approved for use for this purpose by the local planning authority.””
New clause 100—Planning Application Fees—
“(1) Section 303 of the Town and Country Planning Act 1990 (Fees for planning applications etc.) is amended as follows.
(2) After subsection (4) insert—
“(4A) A local planning authority may make provision as to how a fee or charge under this section is to be calculated (including who is to make the calculation).””
This new clause would allow local authorities to set the fees for planning applications, in order that the cost of determining an application is reflected by the fee charged.
New clause 101—Greenbelt protection in the NPPF—
“(1) The Secretary of State must ensure that the National Planning Policy Framework (NPPF) is in accordance with subsection (2).
(2) The NPPF must provide that when considering any planning application in the greenbelt, unmet housing need does not constitute very special circumstances.”
This new clause would ensure that unmet housing need cannot constitute a very special circumstance when assessing harm caused by development on the greenbelt, to align with the Written Statement HCWS423 of 17 December 2015. This would, for example, enable a local planning authority to refuse an inappropriate speculative development in the absence of a local plan.
New clause 102—Calculation of housing need—
“(1) The Secretary of State must, by regulations, make provision requiring local planning authorities to use the most recently published ONS household projections when preparing their local plans.
(2) The NPPF must provide that when considering any planning application, unmet housing need is calculated using the most recent ONS household projections.”
This new clause would end the mandatory use of outdated 2014 ONS household projection figures when calculating unmet housing need using the standard method.
New clause 103—Onshore wind in the National Planning Policy Framework—
“(1) The Secretary of State must ensure that the National Planning Policy Framework (NPPF) is in accordance with subsection (2).
(2) The NPPF must not contain a presumption against a proposed wind energy development involving one or more turbines.”
This new clause would remove the presumption against onshore wind turbines, which is currently prevented in all cases by the inclusion of Footnote 54 in the NPPF.
New clause 104—Deliberative democracy: local planning—
“(1) Before the preparation of any development or outline plan the local planning authority must undertake a process of deliberative democracy which involving the community to set—
(a) the balance of economic, environmental, infrastructure and special plans,
(b) the type of housing to be delivered,
(c) the infrastructure that is required to be hosted,
(d) the type of economic space, and
(e) environmental considerations, including making sites sustainable.
(2) A process of deliberative democracy under this section must—
(a) invite all residents of the local authority area to apply to be a representative in the deliberative democracy process,
(b) include measures to try to ensure that there will be a diverse representation of that community in the process, and
(c) provide for a forum of representatives that—
(i) will determine its terms of terms of reference, number of meetings and agenda at its first meeting, and
(ii) will produce a report from the deliberative democracy process.
(3) A report under subsection (2)(c)(ii) may determine the scope of development on a site.”
This new clause would introduce a deliberative democracy forum comprised of members of the public prior to the formation of a new development plan or outline plan.
New clause 105—Nature restoration duty—
“(1) It is the duty of relevant Ministers to identify of and maintain a network of sites for the purposes of restoring and protecting the natural environment in local areas.
(2) By 2030 and thereafter, the network must include at least 30% of land in England that is protected, monitored and managed as a "protected site" or other effective area-based conservation measures for the protection and restoration of biodiversity.
(3) For the purposes of subsection (2), "protected site” means a site that satisfies the following conditions—
(a) habitats, species and other significant features of the natural environment with biodiversity value within the site are strictly protected from direct and indirect harm;
(b) management and monitoring provisions are made to ensure that habitats, species and other significant features of the natural environment with biodiversity value within the site are restored to and maintained at favourable condition and are subject to continuing improvement; and
(c) provision is made to ensure that conditions (a) and (b) are met in perpetuity.
(4) In carrying out duties under this section, the Secretary of State must be satisfied that—
(a) any areas of special interest for biodiversity in England as defined in section 28 of the Wildlife and Countryside Act 1981;
(b) all irreplaceable habitats; and
(c) areas identified in Local Nature Recovery Strategies that are protected in the planning system and managed for the recovery of the natural environment have been identified and designated as a protected site.”
This new clause would require relevant Ministers to identify and maintain a network of sites for nature to protect at least 30% of the land in England for nature by 2030. The clause defines the level of protection sites require to qualify for inclusion in the new network and requires key sites for nature to be included within it.
New clause 106—Churches and church land to be registered as assets of community value—
“(1) The Assets of Community Value (England) Regulations 2012 (S.I. 2421/2012) are amended as follows.
(2) After regulation 2 (list of assets of community value), insert—
“2A Parish churches and associated glebe land are land of community value and must be listed.””
This new clause would require parish churches and associated glebe land to be listed as assets of community value, meaning communities would have the right to bid on them before any sale.
New clause 107—Licensing scheme: holiday lets—
“(1) The Secretary of State must make regulations to require each relevant local authority in England to introduce a local licensing scheme for holiday lets.
(2) Any local licensing scheme introduced pursuant to regulations made under subsection (1) must require any owner of a holiday let to—
(a) obtain any fire, gas and electricity safety certificates as specified by the scheme;
(b) ensure that the holiday let complies with any health and safety regulations specified by the scheme, including the completion of any risk assessments required by those regulations;
(c) secure a licence for the holiday let from the local authority prior to trading;
(d) obtain a licence and renew this licence—
(i) every three years,
(ii) when the property changes ownership, or
(iii) when there is a change in the person holding day to day responsibility for the property; and
(e) not let out a property without a valid licence.
(3) A local authority introducing a licensing scheme must—
(a) outline—
(i) the terms and conditions of the licence,
(ii) the application process for securing the licence, and
(iii) the licence renewal process;
(b) determine an annual licence fee for each licensed property;
(c) inspect any property prior to issuing a licence;
(d) require the owner of a short term holiday let to—
(i) apply for and hold a licence to operate for each property they let prior to trading,
(ii) pay a licence application fee and annual charge for the licence,
(iii) renew the licence as required by the local authority under their licensing scheme,
(iv) pay any fines associated with breaches of a licence as laid out in the local licensing scheme,
(v) ensure that the holiday let complies with any health and safety regulations specified by the scheme, including the completion of any risk assessments required by those regulations, and
(vi) provide up to date property details including details of who will hold responsibility for the day to day management of the property;
(e) maintain an up to date list of all licensed short term holiday let properties within the local authority area to include—
(i) the address of the property,
(ii) whether this is a shared property occupied by the owner or a separate let,
(iii) how many people are eligible to stay at the property, and
(iv) how many days of the year that the property will be advertised for letting and be let;
(f) inspect the property following a report from the public of an issue of concern relating to the property or to any other property owned by the same person;
(g) monitor compliance with the licensing scheme;
(h) publish an annual report on the number and location of licences including the number and location of licences in each ward and their impact on local residential housing supply and details of any breaches reported and fines issued; and
(i) provide residents adjacent to the short term holiday let contact details of their enforcement officer should they experience any issue at the property.
(4) A licensing scheme must allow the local authority to—
(a) set out details of any area where the granting or renewal of licences will be banned, suspended or limited;
(b) set limits and or thresholds on the level of the licencing permitted in any area;
(c) require property owners to renew their licences every three years, or when a property changes in ownership;
(d) issue fines or remove a licence of a property if—
(i) fire, health and safety conditions are breached,
(ii) criminal activity occurs at the property, or
(iii) excess noise and nuisance or anti-social behaviour rules as set out in the licensing conditions are repeatedly breached, or
(iv) the registered owner or the person listed as holding responsibility for the property has had licences on other properties removed; and
(e) issue penalties or licensing bans on those renting properties without a licence.
(5) In this section—
an
“area” may be—
(a) a polling district;
(b) a ward; or
(c) the whole local authority area;
“holiday let” means—
(a) a dwelling-house let for the purpose of conferring on the tenant the right to occupy the dwelling-house for a holiday, or
(b) any part of a dwelling-house let for the purpose of conferring on the tenant to occupy that part of the house for a holiday;
“relevant local authority” means—
(a) a district council in England;
(b) a county council in England for an area for which there is no district council;
(c) a London borough council; (d) the Common Council of the City of London.”
This new clause provides for the introduction of a licensing scheme for holiday lets.
New clause 108—Review of Permitted Development Rights—
“(1) The Secretary of State must, within 12 months of this Act gaining Royal Assent, commission and publish an independent review of permitted development rights under Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596).
(2) The review should include an assessment of—
(a) the past effectiveness of permitted development rights in achieving housing targets;
(b) the quality of housing delivered under permitted development rights;
(c) the impacts of permitted development on heritage, conservation areas and setting;
(d) the estimated carbon impact of the use of permitted development rights since the expansion of permitted development to demolition;
(e) the relative cost to local planning authorities of processing permitted development compared to full planning consent;
(f) potential conflict between existing permitted development rights and the application of national development management policies;
(g) the impact of permitted development rights, or other policies in this Bill designed to deliver streamlined consent, on the efficacy of levelling-up missions.
(3) The review should make recommendations.”
This new clause requests a review of permitted development rights to run in conjunction with the development of national development management policies, which will examine the potential for conflict between existing rights and likely national policies. This review would examine the interaction between other permissive and streamlined consent provisions in the Bill.
New clause 109—Cycling, walking and rights of way plans: incorporation in development plans—
“(1) A local planning authority must ensure that the development plan incorporates, so far as relevant to the use or development of land in the local planning authority’s area, the policies and proposals set out in—
(a) any local cycling and walking infrastructure plan or plans prepared by a local transport authority;
(b) any rights of way improvement plan.
(2) In dealing with an application for planning permission or permission in principle the local planning authority shall also have regard to any policies or proposals contained within a local cycling and walking infrastructure plan or plans and any rights of way improvement plan which have not been included as part of the development plan, so far as material to the application.
(3) In this section—
(a) “local planning authority” has the same meaning as in section 15LF of PCPA 2004;
(b) “local transport authority” has the same meaning as in section 108 of the Transport Act 2000;
(c) a “rights of way improvement plan” is a plan published by a local highway authority under section 60 of the Countryside and Rights of Way Act 2000.”
This new clause would require development plans to incorporate policies and proposals for cycling and walking infrastructure plans and rights of way improvement plans. Local planning authorities would be required to have regard to any such policies and proposals where they have not been incorporated in a development plan.
New clause 110—Consistency with the mitigation of and adaptation to climate change—
“(1) The Secretary of State must aim to ensure consistency with the mitigation of, and adaptation to, climate change in 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 Planning and Compulsory Purchase Act 2004.
(2) A relevant planning authority when making a planning decision must aim to ensure the decision is consistent with the mitigation of, and adaptation to, climate change.
(3) For the purposes of subsection (2), a relevant planning authority is as set out in section 81.
(4) For the purposes of subsection (2) a planning decision is a decision relating to—
(a) development arising from an application for planning permission;
(b) the making of a development order granting planning permission;
(c) an approval pursuant to a development order granting planning permission.
(5) For the purposes of this section—
(a) the mitigation of climate change shall include the achievement of—
(i) the target for 2050 set out in section 1 of the Climate Change Act 2008, and
(ii) applicable carbon budgets made pursuant to section 4 of the Climate Change Act 2008.
(b) adaptation to climate change shall include the achievement of long-term resilience to all climate-related risks, such as risks to health, well-being, food supply and infrastructure, including but not limited to—
(i) the mitigation of the risks identified in the latest climate change risk assessment conducted under section 56 of the Climate Change Act 2008, and
(ii) 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.
(6) The meaning of the mitigation of, and adaptation to, climate change given by subsection (5) applies for the purposes of—
(a) Parts 2 and Part 3 of the Planning and Compulsory Purchase Act 2004,
(b) section 334 of the Greater London Authority Act 1999, and
(c) Part 10A of the Planning Act 2008.”
This new clause would require planning policy prepared by the Secretary of State to inform local plan-making and planning decisions, and planning decisions themselves (including those made by the Secretary of State) to be consistent with national targets and objectives for the mitigation of, and adaption to, climate change. To ensure consistency in implementation, the clause extends the definition to the requirements relating to the mitigation of, and adaption to, climate change set out in the bill.
New clause 111—Vacant higher value local authority housing—
“(1) The Housing and Planning Act 2016 is amended in accordance with subsection (2).
(2) Leave out Chapter 2 of Part 4.”
New clause 112—Registers of persons seeking to acquire land to build a home—
“(1) Section 1 of the Self-build and Custom Housebuilding Act 2015 is amended as follows.
(2) In subsection (A1) omit the words “or completion”.
(3) At the end of subsection (A1) insert “, where the individuals will have the main input into the full design and layout of their home.”
(4) In subsection (A2), for “who” substitute “, firm, business or company who or which”.
(5) At the end of subsection (A2) insert “, firm, business or company; and nor does it include off-plan homes, nor homes purchased at the plan stage prior to construction and without the main input into the full design and layout from the individual or individuals who will be the future occupiers.””
This new clause would clarify the legislation with respect to self-build and custom housebuilding to recognise that most homes are built by building firms, businesses or companies for individuals who want to build a home and that self-build and custom housebuilding means individuals must have main input into the full design and layout of their home.
New clause 114—Onshore wind planning applications—
“(1) The Secretary of State shall within six months of this Bill securing Royal Assent remove from the National Planning Policy Framework the current restrictions on the circumstances in which proposed wind energy developments involving one or more turbines should be considered acceptable.
(2) The Planning and Compulsory Purchase Act 2004 is amended in accordance with subsection (3).
(3) In section 19 (preparation of local development documents), after (1B) insert—
“(1BA) Each local planning authority must consider how the desirability of the deployment of renewable energy, and specifically onshore wind generation, can be achieved in the local authority’s area.””
This new clause would commit the Secretary of State to revising the National Planning Policy Framework within six months of the Bill securing Royal Assent to remove the onerous restrictions it currently places on the development of onshore wind projects by deleting footnote 54 and ensure that local authorities are required to proactively identify opportunities for the deployment of renewable energy including onshore wind generation.
New clause 115—Duty to grant sufficient planning permission for self-build and custom housebuilding (No. 2)—
“(1) Section 2A of the Self-build and Custom Housebuilding Act 2015 is amended as follows.
(2) In subsection (2)—
(a) omit “suitable”; and
(b) for “in respect of enough serviced plots” substitute “for the carrying out of self-build and custom housebuilding on enough serviced plots”.
(3) Omit subsection (6)(c).
(4) After subsection (6) insert—
“(6) Development permission must specify the precise number of dwellings which fall within the definition of self-build and custom housebuilding in this Act and must be subject to an express planning condition or planning obligation specifically requiring dwellings to be built in line with the definition of self-build and custom housebuilding in this Act, and only in respect of the specific number of dwellings so identified.”
(5) After subsection (9) insert—
“(10) Where individuals and associations of individuals who have registered on the register identified in section 1 have not had their demand met from one base period, they will have their demand added to the subsequent base period, provided those individuals or associations of individuals remain on the register or register in that subsequent base period.
(11) Unmet demand for self-build and custom housebuilding carries forward each year until it is met, provided the individual or associations of individuals continue to remain on the register or register each year and have not had their demand met.
(12) Once an individual or associations of individuals has been entered on the register identified in section 1, they shall not be removed from that register during the base period or for the three subsequent years during which the relevant authority is under a duty to meet the requirement for the base year in which the individual or associations of individuals has registered, other than with the express written consent of the individual or associations of individuals.””
This new clause provides that planning permission only qualifies towards meeting the demand for self-build and custom housebuilding if it is actually for self-build and custom housebuilding. It would also introduce a requirement to specify the precise number of dwellings which fall within this definition and clarify that the demand for self-build and custom housebuilding as recorded on an authority’s register is cumulative.
New clause 120—New use classes for second homes—
“(1) Part 1 of Schedule 1 of the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764) is amended as follows.
(2) In paragraph 3 (dwellinghouses) for “whether or not as a sole or” substitute “as a”
(3) After paragraph 3 insert—
“3A Class C3A Second homes
Use, following a change of ownership, as a dwellinghouse as a secondary or supplementary residence by—
(a) a single person or by people to be regarded as forming a single household;
(b) not more than six residents living together as a single household where care is provided for residents; or
(c) not more than six residents living together as a single household where no care is provided to residents (other than a use within class C4).
Interpretation of Class C3A
For the purposes of Class C3A “single household” is to be construed in accordance with section 258 of the Housing Act 2004.””
New clause 121—New use classes for holiday rentals—
“(1) Part 1 of Schedule 1 of the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764) is amended as follows.
(2) In paragraph 3 (dwellinghouses) after “residence” insert “other than a use within Class C3A)”.
(3) After paragraph 3 insert—
“Class C3A Holiday rentals
Use, following a change of ownership, as a dwellinghouse as a holiday rental property.””
New clause 122—Report on a resources and skills strategy for the planning sector—
“(1) The Secretary of State must, within 60 days of the day on which this Act is passed, establish a review of the—
(a) resources; and
(b) skills
within and to local planning authorities.
(2) The Secretary of State must lay a report on the findings of this review before Parliament no later than 6 months after this Act comes into force.
(3) A report under subsection (2) must include a strategy for—
(a) increasing resources to; and
(b) supporting the capacity of
local planning authorities.”
This new clause would require the Secretary of State to review resources and skills within local planning authorities and those potentially available to them such as Planning Performance Agreements and to report the findings to Parliament.
New clause 123—Housebuilding targets at a local level—
“(1) The Secretary of State must set each local authority a reasoned housebuilding target.
(2) If the local authority accepts the housebuilding target set by the Secretary of State, it must be incorporated into the local plan.
(3) If the local authority does not accept the housebuilding target set by the Secretary of State, the decision on the housebuilding target is subject to a decision at the local inquiry stage.”
New clause 124—Public consultation on planning and women’s safety—
“(1) The Secretary of State must, within 90 days of the day on which this Act is passed, open a public consultation to establish the impact of proposed changes to the planning system on women’s safety.
(2) Section 70 of the Town and Country Planning Act 1990 is amended in accordance with subsection (3).
(3) After subsection (2A), insert—
“(2B) In dealing with an application for planning permission for public development, a local planning authority must establish a review of how the proposed development would impact women’s safety. The review must in particular, consider the impact of proposed development on—
(a) open spaces,
(b) layout of buildings,
(c) unlit or hidden spaces,
(d) visibility of entranceways, and
(e) blind spots.
(2C) The local planning authority must prepare and publish a report setting out the results of the review.””
Government new schedule 1—Amendments of the Conservation of Habitats and Species Regulations 2017: assumptions about nutrient pollution standards.
Amendment 20, in clause 75, page 85, line 9, at end insert—
“(1A) Regulations under this Chapter may require relevant planning authorities to process data in accordance with approved data standards relating to the number and nature of—
(a) second homes,
(b) holiday let properties
in the planning authority area.”
This amendment would enable planning data regulations to provide for the collection of data to national standards about second homes and holiday lets.
Amendment 78, in clause 83, page 91, line 28, leave out lines 28 to 30 and insert—
“(5C) But the development plan has precedence over any national development management policy in the event of any conflict between the two.”
This amendment gives precedence to local development plans over national policies, reversing the current proposal in inserted subsection (5C).
Amendment 77, page 91, line 30, at end insert
“, subject to subsection (5D).
(5D) But any conflict must be resolved in favour of the development plan in an area if—
(a) in relation to it, regulations under section 16 of the Levelling-up and Regeneration Act 2023 have been made to provide for the town and country planning function and the highways function and any functions exercisable under the Environment Act 2021 of a county council or a district council that is exercisable in relation to an area which is within a county combined authority area to be exercisable by the CCA in relation to the CCA's area,
(b) if, in relation to it, regulations under section 17 of the Levelling-up and Regeneration Act 2023 have been made to provide for at least one function of another public body that is exercisable in relation to an area which is within a county combined authority area to be exercisable by the CCA in relation to the CCA's area,
(c) it has a joint spatial development strategy, or
(d) it is in Greater London.”
This amendment would place limits on the primary of national development management policies over the development plan where a Combined County Authority had been handed planning, highways, environmental powers and at least one function of another public body under a devolution deal, in areas covered by a joint spatial development strategy and in Greater London.
Amendment 79, in clause 84, page 92, line 9, leave out lines 9 to 16 and insert—
“(2) Before designating a policy as a national development management policy for the purposes of this Act the Secretary of State must carry out an appraisal of the sustainability of that policy.
(3) A policy may be designated as a national development management policy for the purposes of this Act only if the consultation and publicity requirements set out in clause 38ZB, and the parliamentary requirements set out in clause 38ZC, have been complied with in relation to it, and—
(a) the consideration period for the policy has expired without the House of Commons resolving during that period that the statement should not be proceeded with, or
(b) the policy has been approved by resolution of the House of Commons—
(i) after being laid before Parliament under section 38ZC, and
(ii) before the end of the consideration period.
(4) In subsection (3)
“the consideration period” ,in relation to a policy, means the period of 21 sitting days beginning with the first sitting day after the day on which the statement is laid before Parliament under section 38ZC, and here “sitting day” means a day on which the House of Commons sits.
(5) A policy may not be designated a national development management policy unless—
(a) it contains explanations of the reasons for the policy, and
(b) in particular, includes an explanation of how the policy set out takes account of Government policy relating to the mitigation of, and adaptation to, climate change.
(6) The Secretary of State must arrange for the publication of a national policy statement.
38ZB Consultation and publicity
(1) This section sets out the consultation and publicity requirements referred to in sections 38ZA(3) and 38ZD(7).
(2) The Secretary of State must carry out such consultation, and arrange for such publicity, as the Secretary of State thinks appropriate in relation to the proposal. This is subject to subsections (4) and (5).
(3) In this section “the proposal” means—
(a) the policy that the Secretary of State proposes to designate as a national development management policy for the purposes of this Act or
(b) (as the case may be) the proposed amendment (see section 38ZD).
(4) The Secretary of State must consult such persons, and such descriptions of persons, as may be prescribed.
(5) If the policy set out in the proposal identifies one or more locations as suitable (or potentially suitable) for a specified description of development, the Secretary of State must ensure that appropriate steps are taken to publicise the proposal.
(6) The Secretary of State must have regard to the responses to the consultation and publicity in deciding whether to proceed with the proposal.
38ZC Parliamentary requirements
(1) This section sets out the parliamentary requirements referred to in sections 38ZA(3) and 38ZD(7).
(2) The Secretary of State must lay the proposal before Parliament.
(3) In this section “the proposal” means—
(a) the policy that the Secretary of State proposes to designate as a national development management policy for the purposes of this Act or
(b) (as the case may be) the proposed amendment (see section 38ZD).
(4) Subsection (5) applies if, during the relevant period—
(a) either House of Parliament makes a resolution with regard to the proposal, or
(b) a committee of either House of Parliament makes recommendations with regard to the proposal.
(5) The Secretary of State must lay before Parliament a statement setting out the Secretary of State's response to the resolution or recommendations.
(6) The relevant period is the period specified by the Secretary of State in relation to the proposal.
(7) The Secretary of State must specify the relevant period in relation to the proposal on or before the day on which the proposal is laid before Parliament under subsection (2).
(8) After the end of the relevant period, but not before the Secretary of State complies with subsection (5) if it applies, the Secretary of State must lay the proposal before Parliament.
38ZD Review of national development management policies
(1) The Secretary of State must review a national development management policy whenever the Secretary of State thinks it appropriate to do so.
(2) A review may relate to all or part of a national development management policy.
(3) In deciding when to review a national development management policy the Secretary of State must consider whether—
(a) since the time when the policy was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the statement was decided,
(b) the change was not anticipated at that time, and
(c) if the change had been anticipated at that time, any of the policy set out would have been materially different.
(4) In deciding when to review part of a national development management policy (“the relevant part”) the Secretary of State must consider whether—
(a) since the time when the relevant part was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part was decided,
(b) the change was not anticipated at that time, and
(c) if the change had been anticipated at that time, any of the policy set out in the relevant part would have been materially different.
(5) After completing a review of all or part of a national development management policy the Secretary of State must do one of the following—
(a) amend the policy;
(b) withdraw the policy's designation as a national development management policy;
(c) leave the policy as it is.
(6) Before amending a national development management policy the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the proposed amendment.
(7) The Secretary of State may amend a national development management policy only if the consultation and publicity requirements set out in section 38ZB, and the parliamentary requirements set out in section 38ZC, have been complied with in relation to the proposed amendment, and—
(a) the consideration period for the amendment has expired without the House of Commons resolving during that period that the amendment should not be proceeded with, or
(b) the amendment has been approved by resolution of the House of Commons—
(i) after being laid before Parliament under section 38ZA, and
(ii) before the end of the consideration period.
(8) In subsection (7) “the consideration period”, in relation to an amendment, means the period of 21 sitting days beginning with the first sitting day after the day on which the amendment is laid before Parliament, and here “sitting day” means a day on which the House of Commons sits.
(9) If the Secretary of State amends a national development management policy, the Secretary of State must—
(a) arrange for the amendment, or the policy as amended, to be published, and
(b) lay the amendment, or the policy as amended, before Parliament.”
This amendment stipulates the process for the Secretary of State to designate and review a national development management policy including minimum public consultation requirements and a process of parliamentary scrutiny based on processes set out in the Planning Act 2008 (as amended) for designating National Policy Statements.
Amendment 21, in clause 88, page 94, line 28, at end insert—
“(aa) policies (however expressed) relating to the proportion of dwellings which may be in—
(i) use class 3A (second homes), or
(ii) use class 3B (holiday rentals)
under Schedule 1 of the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764).”
This amendment would enable neighbourhood plans to include policies relating to the proportion of dwellings which may be second homes and short-term holiday lets under use classes created by NC38.
Amendment 22, page 94, line 28, at end insert—
“(aa) policies (however expressed) limiting new housing development in a National Park or an Area of Outstanding Natural Beauty to affordable housing;”
This amendment would enable neighbourhood development plans to restrict new housing development in National Parks and AONBs to affordable housing.
Amendment 74, page 95, line 6, at end insert—
“(B1) A neighbourhood development plan must include proposals to—
(a) achieve net zero,
(b) promote and increase local biodiversity, and
(c) improve local levels of recycling.”
Amendment 4, page 95, line 11, after “contribute” insert
“to the mitigation of flooding and”.
This amendment would require neighbourhood development plans to be designed to secure that the development and use of land in the neighbourhood area contribute to flood mitigation.
Amendment 95, in clause 90, page 96, line 34, at end insert—
“(3A) Where regulations under this section make requirements of a local authority that is failing to deliver a local plan in a timely way, the plan-making authority must consult the local community on the contents of the relevant plan.”
This amendment would require, in the event of a local authority failing to deliver a local plan in a timely way, those taking over the process to consult with the community.
Amendment 23, in clause 92, page 98, line 39, at end insert—
This amendment would protect as heritage assets National Parks and Areas of Outstanding Natural Beauty.
Government amendments 57 and 58.
Amendment 90, page 105, leave out clause 97.
Government amendments 27, 24 and 59.
Amendment 73, in clause 100, page 118, line 31, at end insert—
“(3A) But notwithstanding subsection (3) the completion notice deadline may be less than 12 months after the completion notice was served if the local planning authority are of the opinion that—
(a) development has not taken place on the site for prolonged period,
(b) there is no reasonable prospect of development being completed within a reasonable period, and
(c) it is in the public interest to issue an urgent completion notice.
(3B) A completion notice may include requirements concerning the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of the completion period, and the carrying out of any works required for the reinstatement of land at the end of that period.”
This amendment would enable the issuance of completion notices withdrawing planning permission with a deadline of less than 12 months when certain conditions are met, and enable completion notices to require that building works be removed from a site or a site be reinstated to its previous condition.
Government amendment 28.
Amendment 81, in clause 115, page 132, line 21, leave out “a charge” and insert “an optional charge”.
This amendment would ensure that application of the Infrastructure Levy would be optional rather than mandatory.
Amendment 91, page 132, leave out clause 117.
Amendment 87, in clause 118, page 134, line 17, leave out subsection (5) and insert—
“(5) Before making any EOR regulations which contain provision about what the specified environmental outcomes are to be, the Secretary of State must ensure they are in accordance with—
(a) the current environmental improvement plan (within the meaning of Part 1 of the Environment Act 2021),
(b) biodiversity targets including those required under sections 1 and 3 of the Environment Act 2021,
(c) the duty to conserve biodiversity as required under section 40 of the Natural Environment and Rural Communities Act 2006,
(d) local nature recovery strategies as required under section 104 of the Environment Act 2021, and
(e) lowering the net UK carbon account as required under section 1 of the Climate Change Act 2008.”
This amendment would ensure that when using EOR regulations to specify environmental outcomes the Secretary of State would have to ensure they are in accordance with the current environmental improvement plan and additional criteria.
Amendment 63, page 134, line 19, leave out from “to” to end of line 20 and insert—
“(a) the current environmental improvement plan (within the meaning of Part 1 of the Environment Act 2021);
(b) the protection of the climate, including through meeting the UK’s domestic and international obligations in respect of the mitigation of, and adaption to, climate change;
(c) the preservation of the green belt;
(d) the protection of heritage in the built environment.”
This amendment would require the Secretary of State to have regard to climate obligations, the preservation of the green belt and the protection of heritage, as well as to the current environmental improvement plan, when setting EOR regulations.
Amendment 105, in clause 119, page 134, line 25, at end insert—
“(1A) Where an environmental outcomes report is required to be prepared in relation to a proposed relevant consent—
(a) the local authority must independently commission a report; and
(b) the developer must provide sufficient funding to the local authority to commission and to provide a reasonable fee for the undertaking of such a report.”
This amendment seeks to remove any conflict of interest, perceived or otherwise, of the developer commissioning an Environmental Outcomes Report, by establishing independent commission through the local authority. It requires the developer to fund not only the report itself but the costs accruing to the local planning authority in undertaking the commissioning process.
Amendment 88, in clause 122, page 138, line 3, leave out subsection (1) and insert—
“(1) The Secretary of State may only make EOR regulations if doing so will result in no diminution of environmental protection as provided for by environmental law at the time this Act is passed.”
This amendment would ensure that the new system of environmental assessment would not reduce existing environmental protections in any way rather than merely maintaining overall existing levels of environmental protection.
Amendment 89, in clause 129, page 142, line 14, leave out “in particular” and insert “not”.
This amendment would ensure that any specified environmental outcomes arising from EOR regulations made would augment not substitute those arising from existing environmental assessment legislation and the Habitats Regulations.
Government amendments 34 to 36, 30, 52, 99, 33, 100, 53, 31, 65, 101, 48, 25, 55, 50, 54, 26, 56, 32, 66, 49 and 102.
Amendment 92, in schedule 7, page 242, line 11, at end insert—
“(6A) In preparing their local plan, a local planning authority may have regard to whether a nationally significant infrastructure development has been granted in their area, and adjust their housing need calculation accordingly.”
This amendment would allow local authorities to consider the impact on available land of the imposition of nationally significant infrastructure developments in their area, such as rail freight terminals, power stations, or expansion of airport facilities.
Amendment 93, page 243, line 14 at end insert—
“(ha) Environmental Outcomes Reports,”.
This amendment would require local planning authorities to have regard to Environmental Outcomes Reports in preparing a local plan.
Amendment 75, page 252, line 5, at end insert—
“15EZA Development prior to the adoption of a local plan
(1) This section applies—
(a) after a draft local plan has been submitted for independent examination under section 15D but before it has been adopted under section 15EA; and
(b) when a local planning authority considers that a planning application might conflict with the provisions of the draft local plan.
(2) The local planning authority may defer a decision on the granting of planning permission for the application in paragraph (1)(b) until the draft local plan has been adopted.”
Amendment 80, page 274, line 31, at end insert—
“(4) In this part—
“mitigation of climate change” means compliance with the objectives and relevant budgetary provisions of the Climate Change Act 2008;
“adaptation to climate change” means the achievement of long-term resilience to climate-related risks, including the mitigation of the risks identified in relation to section 56 of the Climate Change Act 2008, and the achievement of the objectives of the relevant flood and coastal erosion risk management strategy made pursuant to section 7 of the Flood and Coastal Water Management Act 2010.”
This amendment requires references to climate change mitigation and adaptation in the inserted sections on plan making to be interpreted in line with the Climate Change Act 2008.
Amendment 85, in schedule 11, page 286, line 34, at end insert—
“(2A) The intention of IL is to enable local authorities to raise money from developments to fund infrastructure to support the development of their areas while allowing planning obligations under section 106 of the Town and Country Planning Act 1990 to continue to be used to provide affordable housing and ensure that development is acceptable in planning terms.”
Amendment 82, page 287, leave out lines 28 and 29 and insert—
“(1) A charging authority in England may, if it determines that IL would be more effective than the community infrastructure levy for delivering infrastructure in its area and would not prevent it meeting the level of affordable housing need identified in its local development plan, in accordance with IL regulations, charge IL in respect of development in its area.”
This amendment to inserted section 204B, which is connected to Amendment 81, would ensure that application of the Infrastructure Levy would be optional rather than mandatory.
Amendment 97, page 289, line 30, leave out “may” and insert “must”.
Amendment 3, page 289, line 37, at end insert—
“(9) IL regulations must provide for exemption from liability to pay IL in respect of affordable housing as defined in Annex 2 of the NPPF.”
This amendment would provide for an exemption from liability to pay IL for affordable housing as defined in Annex 2 of the NPPF.
Amendment 5, page 291, line 36, at end insert—
“(1A) A charging schedule may—
(a) require a developer to pay their full IL liability for a development before being permitted to commence work on that development,
(b) require infrastructure funded by IL associated with a development to be built before work on that development may commence,
(c) require a developer, at request of the local council, to pay additional money to be held in bond for remedial work.”
This amendment would enable Infrastructure Levy charging authorities to require a developer to pay their full IL liability, or for infrastructure funded by IL associated with a development to be built, before development may commence. And for developers to be required, at the request of the authority to provide money for remedial work.
Amendment 76, page 291, line 36, at end insert—
“(1A) A charging schedule must, in accordance with IL regulations require—
(a) that a developer pay their full IL liability for a development before being permitted to commence work on that development,
(b) that infrastructure funded by IL associated with a development be built before work on that development may commence.
(1B) Subsection (1A) applies only to proposed developments of more than 50 units.”
Amendment 84, page 291, leave out from line 37 to line 3 on page 292 and insert—
“(2) A charging authority, in setting rates or other criteria, must ensure that—
(a) the level of affordable housing which is funded by developers and provided in the authority’s area, and
(b) the level of the funding provided by the developers, is maintained at a level which, over a specified period, enables it to meet the level of affordable housing need identified in the local development plan.”
This amendment would require Infrastructure Levy rates to be set at such a level as to meet the level of affordable housing need specified in a local development plan.
Amendment 104, page 291, line 37, leave out from “must” to “that” in line 39, and insert “ensure”.
This amendment would require Infrastructure Levy rates to be set at such a level that funding for affordable housing is maintained at existing levels.
Amendment 86, page 292, line 14, after “development” insert “of the area”.
This amendment seeks to ensure consistency with inserted section 204A(2) on page 282 and ensure that consideration of viability relates to the area as a whole.
Amendment 96, page 292, line 28, at end insert—
“(4A) IL regulations must make provision for a sliding scale of charges increasing in proportion to the share of the development that is on greenfield land, for the purposes of incentivising brownfield development, unless any development on greenfield land is offset by the re-greening of an agreed area of brownfield land in a densely developed or populated area.”
This amendment is offered as an alternative proposition to Amendment 59, adding safeguards intended to prevent extremely dense development in urban centres with an undersupply of open space.
Amendment 2, page 298, line 21, at end insert—
“(ca) facilities providing childcare to children aged 11 or under,
(cb) the provision of subsidised or free schemes to deliver childcare for children aged 11 or under,”.
This amendment would add childcare facilities to the list of “infrastructure” in this schedule and therefore include it in the list of facilities which may be funded, improved, replaced or maintained by the charging authority, as well as allowing local authorities to use levy funds to provide subsidised or free childcare schemes in their area.
Amendment 98, page 301, line 36, at end insert—
“(c) all provision that is captured through the section 106 system.”
Amendment 83, page 312, leave out from line 40 to line 13 on page 313 and insert
“may be given under subsection (4) for authorities that have adopted an IL charging schedule, only if it is necessary for—
(a) delivering the overall purpose of IL mentioned in section 204A(2), or (b) avoiding charging a specific development more than once for the same infrastructure project through both IL and the following powers—
(i) Part 11 (Community Infrastructure Levy) (including any power conferred by CIL regulations under that Part),
(ii) Section 106 of TCPA 1990 (planning obligations), and
(iii) Section 278 of the Highways Act 1980 (execution of works) unless this is essential to rendering the development acceptable in planning terms.”
This amendment would avoid restrictions being placed on the use of the community infrastructure levy, section 106 obligations, and section 278 agreements at the Secretary of State’s discretion unless necessary to avoid double charging for the same infrastructure provision.
Government amendments 37 to 39, 67, 103 and 68.
Lucy Frazer
Our houses are not just bricks and mortar; they are homes. And those who live around us are not just our neighbours; they are our communities. We all want to live in streets that uplift our spirits and where our children, and their children, can afford to live and own their own homes alongside us. Churchill once said:
“We shape our buildings and afterwards our buildings shape us.”—[Official Report, 28 October 1943; Vol. 393, c. 403.]
So too, if we empower our communities, they will empower us.
We know that we can do more to ensure that, when we expand our communities, we do so in the right places, with the right infrastructure, and with the support of local people and local representatives. The think-tank Demos asked people whether they would prefer to have more say over how money is spent in their area, or to have more money. People were twice as likely to say that they would prefer to have more say and less money. Our Bill seeks to provide opportunities for collaboration and empowerment. It provides more opportunity for more homes that are beautiful, supported by infrastructure, delivered with democracy, which level up across our country.
I thank all colleagues for their extensive engagement, highlighting to me, to the Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for Kensington (Felicity Buchan), and to the Secretary of State the issues and concerns in their local areas. All represent different and diverse areas across the country: rural and urban, coastal and remote, island and inner city. I thank in particular my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and my hon. Friend the Member for Isle of Wight (Bob Seely) for their constructive contribution on this issue and their unwavering commitment to our planning system and their constituents.
I also thank my right hon. Friends the Members for Ashford (Damian Green) and for Romsey and Southampton North (Caroline Nokes), my hon. Friends the Members for Gosport (Dame Caroline Dinenage), for Aylesbury (Rob Butler), for Rushcliffe (Ruth Edwards), for North Devon (Selaine Saxby) and for Buckingham (Greg Smith), and the many Members across the House who have contributed significantly to our policy decisions on these issues.
It is important that we build homes this country needs in the places that we need homes most. We have a moral responsibility to get on and build, but we also have a responsibility to our existing communities to do so in the right way and with community support.
Ruth Edwards (Rushcliffe) (Con)
My constituents in Rushcliffe are supportive of house building, but they rightly object to being forced to build 660% of the national average, as they were last year, often on greenfield sites and without the infrastructure to match. Can my right hon. and learned Friend confirm that the Bill will give real teeth to our brownfield-first policy and give power back to local people to shape the future of their communities?
Lucy Frazer
I was pleased to discuss these issues with my hon. Friend, and she is absolutely right that we must build on brownfield first. That is what local communities want. Through not just this Bill, but the consultation that we will bring forward on the national planning policy framework, we will identify how we can encourage local communities to do just that, with incentives through the infrastructure levy, for example, but through other measures too.
The way for a community and local representatives to shape their area’s future is through the local plan. At the moment, local plans are taking too long. The system is too onerous and councils feel that their local constraints are not properly taken into account. The result is that fewer than 40% of planning authorities have adopted a plan in the last five years. That means that, instead of developments being delivered coherently and in collaboration with communities, new houses are being imposed on local people through successive planning applications. Through the Bill and the consultation on the NPPF, which we intend to launch before Christmas, we will ensure that the needs of the community are taken into account when a plan is designed. Once the plan is in place, it will provide protection against other unwanted development.
Mr Clive Betts (Sheffield South East) (Lab)
I completely agree with the Minister about local plans. The Levelling Up, Housing and Communities Committee has said that on many occasions. May I just ask her, though, whether, in national terms, the Government are still committed to the 300,000 figure, as a target, an objective, an aspiration or whatever and, if they are, how will they achieve that figure unless the numbers agreed in local plans individually throughout the country add up to that 300,000?
Lucy Frazer
I can confirm that the Government are committed to building 300,000 homes because we do need those homes across the country and we need to ensure that young people can get on to the housing ladder. As I have just identified, communities are not agreeing local plans with those figures in them, so they are getting development where they do not want it; it is speculative development. What we will see through this measure is communities coming together with that starting point number, but seeing what works for their communities. When they engage properly on it, I think we will see that housing coming through.
Wendy Morton (Aldridge-Brownhills) (Con)
My right hon. and learned Friend knows that I am a passionate campaigner for brownfield first. When it comes to this point about communities, it is refreshing to hear that the Government have taken on board the points about including communities in that process, making them feel much more involved. Will she, at some point, be giving us further detail on how that process will work and where the opportunities will be for local communities to feed in their views?
Lucy Frazer
I was happy to discuss these very issues with my right hon. Friend, who has written on this issue and I know feels very deeply about it, especially the issue of brownfield land and development. We will ensure that people will build what their local community wants through, for example, not just their local plan, but the mandatory design code. Local areas will have a design code, so that, when a building comes through, it will be in the manner and design that local communities want.
Sir John Hayes (South Holland and The Deepings) (Con)
My right hon. and learned Friend will know that, from the time I was the shadow Housing Minister 15 to 20 years ago, to the Building Beautiful, Building Better Commission and now the Office For Place, I have emphasised exactly what she has just described. Too often in the modern age, development has been out of scale and out of keeping with the existing built environment. Will she ensure that local authorities are fully informed of their ability to turn down an application for housing purely on design and scale terms?
Lucy Frazer
I know that my right hon. Friend is very interested in these issues and is conscious of beauty and the importance for us to maintain that. Of course local authorities will be able to take their local decisions on those matters that concern them.
Richard Fuller (North East Bedfordshire) (Con)
I am pleased to hear what the Minister is saying about improving the efficiency of the process. She will know that my amendment 75 talks about the fact that the guards are down for local authorities when their local plan is in abeyance. That was brought into sharp relief in the village of Harrold. It was only thanks to local councillor Alison Field Foster and the local parish council that development could be stopped. Is what the Minister is saying today going to close that gap to make my amendment unnecessary, or will there still be a liability for local authorities under her plan?
Lucy Frazer
I have studied carefully my hon. Friend’s amendments, which are all on interesting points. We do not think that there is a need for those amendments, because there are provisions in the Bill to ensure that local communities can make decisions to protect local communities.
John Redwood (Wokingham) (Con)
Can the Minister remind the House how the Government will stop developers gaming a local plan and getting permissions that are not within the local plan under some silly rule?
Lucy Frazer
This Bill and the proposals that we are bringing forward through the revised NPPF will do exactly that. At the moment, in 60% of areas, building is through speculative development, not where communities want it. We want to streamline the local plan process, get those plans in place, where communities want it, and then we can start and continue to build.
Lucy Frazer
I will make a little progress, but I am happy to come back to the hon. Member shortly.
In setting the principles for a local plan, we intend to retain a method for calculating local housing need figures. But these will be an advisory starting point. We propose that it will be up to local authorities, working with their communities, to determine how many homes can actually be built. They will take into account considerations such as the green belt, and the existence of a national park or coast. Building densities should not be significantly out of character with an area. We also propose making changes to the rolling five-year land supply, ending the obligation where a planned strategic housing policy is up to date. Communities will have a powerful incentive to get involved in their local plans.
Kelly Tolhurst (Rochester and Strood) (Con)
It is good to hear the policies that my right hon. and learned Friend is outlining. My constituency has a high housing target that is forcing the closure of a working port. How would the options she has just outlined help my constituency keep a working docks instead of seeing the development of high-rise flats?
Lucy Frazer
I know that my hon. Friend is a champion for her area, which has seen significant building. I cannot comment on any particular local plans, but an area must consider all the things that it needs to thrive, and that includes houses as well as employment facilities.
Dame Maria Miller (Basingstoke) (Con)
I thank the Minister for her words, which are incredibly helpful. Not many constituencies are like Basingstoke, which has built 150,000 houses in the last five decades. Can the Minister give me some comfort that that high level of delivery will be taken into account when future house building needs are decided? At the moment, we have to build 1,400 houses a year, which is just not sustainable, not least for the NHS.
Lucy Frazer
I thank my right hon. Friend, and I was pleased to talk to her about her concerns, because I know that she is a huge advocate for her area. I can give her that comfort that we think it should be taken into account if areas have already over-delivered and taken significant housing. That should be taken into account when putting together the local plan.
Rachael Maskell
Further to the point that the hon. Member for Rochester and Strood (Kelly Tolhurst) made, when developers build luxury flats that the local community often cannot afford it adds nothing to the housing numbers that need to be delivered. How will the Bill address that issue?
Lucy Frazer
We are taking a variety of approaches. We emphasise the importance of variety, not just in the types of accommodation provided but in the type of buildings. That is how we get more housing supply, because we will have more uptake. We are also committed to more affordable homes, and we have a £11.5 billion fund to ensure that we get those homes built.
The Bill respects communities, but it also respects the environment. Central to our reforms will be a new system for assessing the impact of development on the environment. The system will replace the bureaucratic maze that we inherited from the EU. We will replace it with a system that is just as protective, but is outcomes based, not systems driven.
Clearly the Bill will not achieve the perfect planning system for every Member, councillor and constituent, when we all live in diverse areas with conflicting needs and interests, but I hope that the amendments will go even further towards improving our planning system.
Andy Carter (Warrington South) (Con)
My right hon. and learned Friend will know that Warrington, as a new town, has seen thousands and thousands of homes built in the last 50 years. It is currently in the process of agreeing its local plan—the local planning inquiry finished just last week. I am pleased to hear today that many of the suggestions will be put into law. Can she confirm that there will be a period in which local plans are paused before they are agreed and adopted? Many of the proposals she talks about today are fundamental to making the changes that we need to see in local plans.
Lucy Frazer
I can give a confirmation that there will be some transitional provisions enabling local councils to proceed with the plan that they are about to adopt, but if they want to reflect, there will be an opportunity to do that as well. We believe that we are improving the system through the measures that we have set out.
Caroline Lucas (Brighton, Pavilion) (Green)
Does the right hon. and learned Lady accept that we also need to level up access to green space and nature? Right now, the distribution of green space is very unequal; many people on the lowest incomes simply do not have access to green space at all. Will she look at my new clause 13 and look again at the whole issue of ensuring a right of access to good green space?
Lucy Frazer
As I mentioned just now, the Bill is not just about building; it is also about protecting the environment. A number of measures in the Bill will ensure that we protect our natural spaces—30% of our nature—and our local nature recovery strategies, which are due to begin across England as soon as possible, were committed to in the Environment Act 2021.
Bob Seely (Isle of Wight) (Con)
Does my right hon. and learned Friend agree that, following the talks between Ministers, my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and me, we should have reached a compromise on a much more community-led, environmentally friendly and regenerative housing policy? As the Minister can hear, however, there is still considerable concern about making sure that we deliver the substance of these things as well as simply the words around them. Will that be reflected in the NPPF?
Lucy Frazer
I reiterate my thanks to my hon. Friend, who has worked so hard with my right hon. Friend the Member for Chipping Barnet to make sure that we get our planning system right, on behalf of and with so many colleagues on our Benches. I assure him that we in the Department for Levelling Up—me and the Secretary of State—believe that we have come to a better solution. We are committed to delivering it, as I am sure my hon. Friend and others across this House will see in the policy that we will propose in the NPPF and bring forward before Christmas.
Lucy Frazer
I will make a little progress, because I would like to address the Government amendments, which I will do in five categories. First, we are making it easier for people to develop where they want to develop, and where it delivers the best gain to the community and ensures that planned-for development actually happens. I will highlight five measures in this first category.
Through new clauses 49 to 59, we will pilot community land auctions. They will seek to increase the supply of land and aim to capture more land value more effectively to the benefit of the local community. Planning permission will not be granted automatically on sites allocated in the local plan through the auction process.
Through new clauses 60 and 69, we are allowing for street votes enabling residents to come together and propose additional development on their streets in line with their preferences—subject to meeting prescribed requirements—and vote on whether it should be given permission. In speaking to those new clauses, I would like to acknowledge the work of my hon. Friend the Member for Weston-super-Mare (John Penrose) and the “Strong Suburbs” report by Policy Exchange.
We are making it easier for people to access suitable plots to build their own homes. We are building on the immense work of my hon. Friend the Member for South Norfolk (Mr Bacon). We recognise the importance of self-build and custom housebuilding, and new clause 68 clarifies the duty on authorities to provide for plots for such homes in their planning decisions.
We will also seek to reduce barriers to smaller-scale developments that communities can easily get behind. I know that my hon. Friend the Member for Northampton South (Andrew Lewer) has worked significantly on that area. I can confirm that our intention is to consult on changing national policy to encourage greater use of small sites, especially those that will deliver higher levels of affordable housing.
Importantly, we are ensuring that when permissions are given, developments can be built out quickly. New clauses 48 and 67 deal with that. Members across the House have been concerned about the rate at which development occurs once planning permission has been granted. It is wrong for developers simply to sit on planning permissions, because that increases the number of permissions that have to be granted and risks overdevelopment. The Bill introduces further steps to tackle the issue, including a requirement for developers to report on the rate at which they build, and allowing authorities to deny permission for further development on the same sites where the developers have failed to build out. All those measures will encourage development where people want it and where they have agreed to have it.
Mr Betts
I am not sure whether the Minister has looked at my amendments to her new clause 67. I agree with her about ensuring that builders build out at the required rate. However, some builders build out while ignoring the conditions for the planning permission put on them. I have a really bad case of that in my constituency with Avant Homes, which does not connect with local people, puts mud all over the roads and puts silt in the local brook—that sort of thing. Will she accept that local councils should be entitled to take account of failures to observe conditions when looking at future planning applications?
Lucy Frazer
We are looking at the issue carefully and will consult on further measures that we might be able to bring forward. I assure the hon. Gentleman that where there are reasonable avenues that we can explore, we will look closely at them.
Dame Maria Miller
I want to build further on that intervention with regard to building out. In my constituency, many of those who have built out and built houses have not done so to the required quality, leaving many residents having to seek significant remedial works. However, my local authority is not allowed to take that into account when giving future permissions. Could the Minister look at consulting on that? Surely we should be encouraging quality over quantity.
Lucy Frazer
I am happy to discuss that issue further with my right hon. Friend. As I mentioned, we are very concerned about build-out to increase the number of homes, and I know that the Secretary of State feels strongly about quality.
The second set of measures that we are introducing by way of amendments relates to infrastructure, because put simply, we cannot have houses without services to support them. Through the Bill, we will replace the existing system with an infrastructure levy—a non-negotiable liability for the developer based on the value of the development. Our plan is to implement the levy in stages so that we can adapt it according to the latest data and the latest evidence.
Thirdly, we are protecting the environment. On top of our environmental assessment reforms, new clauses 77 to 79 will support the Government’s efforts to protect and enhance our natural environment. We are creating an obligation on water companies to go further to address nutrient pollution and clean up our rivers. That will unlock thousands of new homes, complemented by new wetland and woodland areas, improving people’s access to green space and delivering new habitats for nature. I am grateful to the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Taunton Deane (Rebecca Pow), for her support and to the Secretary of State for Environment, Food and Rural Affairs for working with us so closely to achieve these ends.
Fourthly, we recognise that some areas—Devon and Cornwall, for example—have particular problems with short-term lets, which, while attractive as a tourist industry, mean that large parts of an area have limited long-term residents, creating a real problem for local services. I am grateful to a number of colleagues for highlighting and campaigning on that. I thank my hon. Friends the Members for North Devon, for Cities of London and Westminster (Nickie Aiken), for Totnes (Anthony Mangnall), for Truro and Falmouth (Cherilyn Mackrory), for North Cornwall (Scott Mann) and for St Austell and Newquay (Steve Double) as well as others for the work that they have done. As a result of the points that they have raised, we intend to deliver a new registration scheme for short-term lets, starting with a further consultation on the exact design of the scheme, which will launch before the summer recess.
We will go even further by also consulting on a change to the Town and Country Planning (Use Classes) Order 1987 to enable local areas to better control changes of use to short-term lets, if they wish. Furthermore, the consultation on changes to use classes and the introduction of national permitted development rights to enable change of use where there is no local issue will be launched early next year.
Tim Farron (Westmorland and Lonsdale) (LD)
I am very grateful to the Minister for taking an intervention and for the time she gave me last week to discuss this matter. Can she clarify whether it is now the Government’s intention to make short-term lets a separate category of planning use following the consultation? If so, when would that come in? Will she also ensure that planning departments have the resources to enforce that?
Lucy Frazer
I am grateful to the hon. Gentleman for speaking on this issue and indeed other issues on this topic. We are committing to consulting on the issue. We propose to consult early in the new year. Following that consultation, we hope to bring in some legislation, if that is the result of the consultation. There is a very tight timetable both for that and the registration scheme, and the registration scheme will be coming through in autumn.
Rachael Maskell
Will the Minister explain why she is not bringing in a licensing scheme that would enable local authorities to determine areas where they could exclude the expansion of Airbnbs or control licences where it was appropriate to do so?
Lucy Frazer
We are bringing through a very important first step to identify where people have short-term lets across the country and where there are local issues. We know there are issues in some local areas, but not in others. We want to establish where they are and where they are causing issues for local communities, so we can make evidence-based policy and bring forward action to ensure those communities are not hollowed out, that people live there and that they can get the services they need. I emphasise that that builds on other action the Government have taken to ensure that we act and that people living in those communities get the support they need.
Fifthly, we are making the process work better. The Bill makes it easier to create new, locally led urban development corporations that can be the planning authority for large-scale development. We are also ensuring that all types of development corporation can have the planning powers they need. In support of that, Government amendments 34 and 36 make technical changes. Through Government new clause 64, we are facilitating charging by statutory consultees for nationally significant infrastructure projects. This recognises that commenting can be a resource-intensive exercise, and we do not want valuable advice to delay development. In addition, the Secretary of State will be given powers to commit the Marine Management Organisation to increase its fees for post-consent marine licensing monitoring, variations and transfers.
Our amendments focus on making the planning system, and the systems that interact with it, work better, innovating and improving for the benefit of all our constituents.
Philip Dunne (Ludlow) (Con)
Madam Deputy Speaker, I apologise for not arriving for the beginning of my right hon. and learned Friend’s remarks. On the third group of amendments, on nutrient neutrality, may I applaud the Government for the work they are doing in trying to ensure that water companies take full responsibility for their discharges into our waterways? This is an extremely important and powerful set of amendments, and I applaud her for that. In that context, and in the context of both community land auctions and the infrastructure levy, is it the case that water companies can be in receipt of both those sources of funding in the event that local authorities deem it an appropriate use either of the infrastructure levy or funds arising out of community land auctions? At present, they do not appear to be. Can they become statutory consultees on significant developments, which at present they are not?
Lucy Frazer
I am grateful for my right hon. Friend’s intervention, because I know he has done significant work on this issue. The Department for Environment, Food and Rural Affairs announced future funding from fines handed out to polluting water companies being invested in schemes for the benefit of our natural environment. I know he did a lot of work on that issue.
On the infrastructure levy, water and waste water networks are covered by the broad definition of infrastructure, so the answer to my right hon. Friend’s question on that issue is yes. On statutory consultees, the Secretary of State can make changes to the list of statutory consultees through secondary legislation, and we will consult on whether to make water companies statutory consultees, and if so, how best to do that.
Greg Smith (Buckingham) (Con)
Before the last intervention the Minister mentioned improving communities. I am grateful for the time she has spent with me in the last few weeks discussing this Bill, but will she give some clarity on amendment 2, on including childcare provision within the infrastructure definitions? Conversations with her outside this place indicate that she feels it would be included, but can she give me and the hon. Member for Walthamstow (Stella Creasy), in whose name the amendment stands, the reassurance that childcare provision would be included?
Lucy Frazer
My hon. Friend is a strong advocate for his area; I have dealt with him in a number of Departments, and he stands up for his community on every issue. I am grateful for the work he has done to make sure the Bill overall comes out in a good place, and I know he has also spoken to my colleagues on a number of issues.
On the amendment on childcare, I should emphasise that there is a list of what constitutes infrastructure for the infrastructure levy, and it is a non-exhaustive list, so it will be possible for other items to be included. It is drafted purposefully to give local authorities wide powers to apply the levy to infrastructure that is important and needed in their local area. It contains illustrative examples of what might be included as infrastructure, but in any event the levy will be able to be spent on childcare facilities such as nurseries and pre-schools, as these fall under the definition of
“schools and other educational facilities”
already included in the list.
Stella Creasy (Walthamstow) (Lab/Co-op)
I know the Minister has tried to take account of these concerns, but from what she has just said, it is not the case that childcare would, unless it is connected to a school, be considered part of this. So what amendment 2 does is set out that, whether it is a nursery, a toy library or a childminding setting, if local councils felt that was something that needed to be done, they could work with developers to deliver it. Will she make that commitment, and most importantly will she write it down? It is one thing to make a commitment at the Dispatch Box, but those of us who have dealt with local government know that it needs to be in the guidance and regulations for us to truly declare that childcare is infrastructure.
Lucy Frazer
I totally understand the hon. Lady’s points, and it is crucial that children get the support, care and education they deserve. It must be the case that nurseries and pre-schools fall within the definition of
“schools and other educational facilities”,
which is in the list at proposed new section 204N(3)(c). There is also a question about the provision of the care within that: that would not fall within the definition of infrastructure per se, but proposed new section 204N(5) allows regulations to make provision about when local authorities could apply levy money to non-infrastructure items, which could include subsidising the cost of childcare places for parents and carers if this was considered a priority by the local area.
I want to give Members across the House an opportunity to speak in this debate. We believe that our amendments focus on making the planning system, and the systems that interact with it, work better, innovating and improving for the benefit of all our constituents, and I commend them to the House.
Several hon. Members rose—
Mr Gagan Mohindra (South West Hertfordshire) (Con)
Thank you, Madam Deputy Speaker. It is a real pleasure to be called in this debate, especially with you in the Chair, because a lot of what I am going to say now is about when I was a councillor in your beautiful constituency of Epping Forest.
First, I thank my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and my hon. Friend the Member for Isle of Wight (Bob Seely), who have done a substantial amount of work over close to two years now. I also thank those on the Front Bench for their proactive engagement to ensure that this legislation is in a fit state. I hope we will all be voting to support it in due course.
Prior to getting into this place, as I have said, I spent many years in local government. I ended up sitting on a planning committee for close to 17 years, during most of which I was chairing at both district and county council level, and I was holding the pen when the Essex design guide was adopted by Essex County Council. The point I want to make is that, while the public normally focus on housing, the local plan model is actually one that works. I have the scars of the regional development agencies, prior to local plans being introduced—actually by a Liberal Democrat Cabinet member at the time—back in 2011. The importance of this is that planning is one of those emotive issues that, if we get wrong, are a blight on our community for many years. I am sure I speak on behalf of the whole House when I say that we need to make sure we get this right.
I am fortunate enough to represent the beautiful constituency of South West Hertfordshire, which is approximately 80% green belt. While there is absolutely a demand for new homes, they do need to be the right type of homes. We have spoken about housing numbers before, but I want to focus on housing type. While we are blessed with a lot of medium to large-sized homes in my constituency, it is the first-time homeowners who inevitably will have to move out of my constituency to get on to the property ladder. As someone who bought their first home two years ago, the biggest and most frustrating issue I had in my constituency was trying to afford a home of a reasonable size. That was a challenge, even at my age and with what is the very well-paid job I do now.
I commend the Bill to the House. I hope that further engagement will happen, because I think this will be an evolution of the planning reform that we so desperately need in this place. I am conscious that I am before the Minister and the votes, so I am going to sit down now.
Lucy Frazer
I know that colleagues across the House have dedicated a huge amount of time to getting the Bill to this point, and I thank them for their thoughtful contributions in Committee, in their engagement with me since I took office, and throughout today’s session, which I think has illustrated how important this piece of legislation is to the future of this country. It is further evidence of the commitment of Members across the House to finding solutions enabling us to build more homes in the right areas.
Lucy Frazer
I am not going to give way; I will make substantial progress, because a lot of people have asked me questions. I want to give them commitments, and I will then be very happy to take interventions. I took all the interventions in opening the debate.
My hon. Friend the Member for Milton Keynes North (Ben Everitt) made an important point about exempting affordable housing from the infrastructure levy. I assure him that we intend for the full value of on-site affordable homes delivered by the levy to be offset by the total levy liability. That means that the affordable housing element of a development is not itself chargeable for the levy but that the scheme as a whole still contributes towards the infrastructure that may be needed to support it.
On infrastructure, my hon. Friend the Member for North East Bedfordshire (Richard Fuller) and the hon. Member for North Shropshire (Helen Morgan) spoke about paying money up front. The Bill already provides powers for levy regulations to make provision for payment on account and payment by instalment. It will also be possible for local authorities to borrow against future levy receipts. On top of all that, the infrastructure levy is a test-and-learn approach, so as we roll out it out going forward, we will improve it.
The shadow Minister, the hon. Member for Greenwich and Woolwich (Matthew Pennycook), raised points about the national development management policies. Those policies will cover the common issues already dealt with in national planning policy, such as green belt and areas at risk of flooding. That will reduce the burdens on local authorities by removing the need for those issues to be repeated in local plans.
I turn now from the infrastructure levy to issues relating to the environment. My hon. Friend the Member for South West Devon (Sir Gary Streeter) mentioned the Glover review. He will know that DEFRA is implementing several recommendations from that landscapes review and is also continuing to consider how best to implement others.
My right hon. Friend the Member for Epsom and Ewell (Chris Grayling) mentioned hedgehogs and vulnerable species. We have discussed that issue, and as he knows, we are already taking steps to protect vulnerable species and prevent the destruction of habitats prior to any survey taking place. The legislative framework for biodiversity net gain already includes provisions to address that. I am very grateful for the conversations we have had, because as a result of the points he has brought to my attention we intend to look further at how we can strengthen that, and we will consider it further in the Lords.
My hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) made a number of valid points, and he was right to highlight the importance of wild belts. Our local nature recovery strategies are at the centre of the Government’s approach to driving nature’s recovery. The Environment Act 2021 already obliges responsible authorities to map sites that could be of particular importance for nature’s recovery. Local authorities must have regard to the sites identified and the reasons behind their identification. That duty applies to all their planning functions. We will continue to look at that issue as we enable the preparation of local nature recovery strategies, which will begin across England soon.
Local support underpins our approach to changing planning policy on onshore wind development in England. I thank my right hon. Friends the Members for Middlesbrough South and East Cleveland and for South Holland and The Deepings (Sir John Hayes) for their thoughtful contributions on this matter. We will consult on onshore wind using a more localist approach, which will give local authorities more flexibility to respond to the views of their local communities.
We recognise that although some communities will want onshore wind, some may not. That is why important safeguards will be in place. Authorities will be able to identify appropriate locations for onshore wind that do not have a significant impact on precious visible amenity. Special consideration will have to be given to preserving the landscapes of, for example, the Somerset l evels, Romney Marsh and the magnificent fens of Cambridgeshire, Lincolnshire and Norfolk.
Our valued landscapes—particularly national parks and areas of outstanding beauty—and important habitats such as sites of special scientific interest will continue to be protected. Councils will be in full control of what is developed within the local authority boundaries. A combination of robust national and local planning policies will ensure that communities are able to rebuff unwanted speculative development by appeal.
Lucy Frazer
I will take interventions at the end if I have time.
As with any other developments, Members of Parliament and members of the public will be able to request that a DLUHC Minister call in a specific scheme if they wish, and their views will be given appropriate weight.
I turn to the important matter of short-term lets. I particularly praise, as I did at the outset, the work of my hon. Friends the Members for Cities of London and Westminster (Nickie Aiken) and for St Ives (Derek Thomas). My hon. Friend the Member for Totnes (Anthony Mangnall) made an excellent point, because this is not the first time that we have taken action on these issues. We are already taking action: we introduced higher rates of stamp duty land tax for those purchasing additional properties in 2016, and a new SDLT surcharge for UK non-residents in 2021. Through this Bill, we are giving councils the power to introduce a discretionary council tax premium of up to 100% on second homes, and we will allow them to introduce an empty homes council tax premium of up to 100% after 12 months. We need to build more homes, increase supply and increase affordable housing in various areas. I am very pleased to have worked with the hon. Member for Westmorland and Lonsdale (Tim Farron), and we are taking welcome steps.
Lucy Frazer
I am going to press on, because so many Members have raised points for me to respond to, and I would like to ensure that I cover them all.
My hon. Friend the Member for Carlisle (John Stevenson) and my right hon. Friend the Member for Epsom and Ewell mentioned the work that we need to do on solar panels. My hon. Friend the Member for Carlisle said that his campaigning had been to no avail. I want to reassure him that that is absolutely not the case. The work that he has done—whether in the Westminster Hall debate, or by writing extensively—has meant that the Government have taken significant steps in this area. From 2025, the future homes standard will ensure that new homes produce at least 75% less CO2 emissions than those built to the 2013 standards. This represents a considerable improvement in energy efficiency standards for new homes. We have introduced an uplift in standards, which came into force in June, and the uplift already requires new homes to be built in such a way that they produce 30% less CO2 emissions than those built to the previous standards.
The performance standards in the uplift have been set in such a way as to ensure that the vast majority of developers will either need to put solar panels on new homes or use other low-carbon technology such as heat pumps. So my hon. Friend’s work has not been in vain, and I am happy to continue to engage with him on this important area.
My hon. Friend the Member for St Ives raised with me helicopters in his constituency, and has tabled an amendment on the issue. I am pleased to have discussed this matter with him. As the amendment would apply nationally, requiring notification and approval for all applicants and local planning authorities, we consider that this would be onerous and disproportionate. There is the possibility of making an article 4 direction. I appreciate that his local authority has not taken that course, but I am happy to arrange a meeting between my officials and the local planning authority to discuss the matter further.
I have already mentioned the considerable work that my hon. Friend the Member for South Norfolk (Mr Bacon) has done on custom build and self-build. The Government strongly believe that self-build and custom-build housing can play a crucial role as part of a wider package of measures to boost home ownership and diversify the housing market, as well as helping to deliver the homes that people want. We will look to see whether we can further tighten up any legislation, taking on board his thoughts and comments.
An amendment was tabled in relation to childcare. I disagree with the hon. Member for Walthamstow (Stella Creasy), who said that the Government were not on the side of those who support childcare. The Government introduced tax-free childcare of up to 30 hours because we believe that it is right that those who have children can go to work and support their children. I would like to clarify what has been said—my hon. Friend the Member for Stroud (Siobhan Baillie) understood what I was saying from the Dispatch Box. The position is that childcare facilities—that is buildings—including those that are not attached to schools, are included within the meaning of “infrastructure” and can therefore be funded through the levy. In addition, the Bill already includes a power to regulate to allow for the funding of services such as childcare. It is in proposed new section 204N(5), in paragraph 1 of schedule 11.
My hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) asked about section 103 contributions and where they continue to apply, of course nothing has changed. The Government are keen to ensure that we support childcare services, and this Bill does that.
Mr Robin Walker (Worcester) (Con)
I recognise the importance of addressing this issue and welcome the clarification that she has offered. The Education Committee is about to launch an inquiry into childcare. Does my right hon. and learned Friend agree that, if recommendations come out of that relating to the Bill, our colleagues in the other place might be able to return to the matter later in the passage of the Bill?
Lucy Frazer
I am always happy to hear recommendations from the Education Committee and work with the Department for Education. As I said, the Bill includes the ability for regulations to allow for what I think is being asked for. That is already in the Bill, and that might be the place to consider it.
Lucy Frazer
No, I would like to deal with the point that was made by my friend the hon. Member for Twickenham (Munira Wilson). She raised a completely different point about the Mayor’s Office for Policing and Crime and whether it was covered by section 123. As I have mentioned to her, we are exploring with the Home Office whether to extend section 123 to the Mayor’s Office for Policing and Crime.
Since becoming housing and planning Minister, my No. 1 priority has been bringing this Bill back to Parliament as soon as possible. The sooner we pass it, the sooner we can build the homes that we need to level up the country and grow our economy. I would like to continue working with Members across this House to ensure that this Bill completes its passage in the best place. I would like to continue working with my right hon. Friend the Member for Chipping Barnet and my hon. Friend the Member for Isle of Wight, who have done so much to improve the Bill so far. Today, I believe we have passed another milestone on that journey, and I commend this Bill to the House.
The Secretary of State for Levelling Up, Housing and Communities (Michael Gove)
I beg to move, That the Bill be now read the Third time.
What a great Bill this is—put together by a great ministerial team, passed by great majorities and improved by the great contribution of many great Back Benchers. I hope that the other place has a great time when it reviews it.
Tuesday 17th January 2023
(1 year, 11 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: Consideration of Bill Amendments as at 13 December 2022 - large print - (13 Dec 2022)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Scott of Bybrook
That the Bill be now read a second time.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, it is a pleasure to open the Second Reading debate of the Levelling-up and Regeneration Bill. For decades, successive Governments have failed to address the inequality of opportunity in our country. Economic growth has for too long been concentrated in a select few areas. This Bill creates the foundations for our long-term efforts to address entrenched geographic disparities across the UK. It does not purport to deal with every aspect covered in the levelling up White Paper, although noble Lords could be forgiven for thinking otherwise, given the scale of the Bill.
We all know the scale of the challenge that we face in levelling up our country. We see the consequences of geographic disparity across the country: in the unaffordability of housing for so many; in the hollowing out of our communities, as people leave for lack of local opportunities; and in the stark differences in educational attainment, health and quality of life depending on where you live.
The case for change is both economic and moral. Leaving parts of our country behind means opportunities are missed through underinvestment and overfocus on specific sectors. That costs us in terms of economic growth, of benefiting from our world-leading research and, most importantly, of each person who cannot achieve their potential through no fault of their own. We have a duty to support those already affected by geographic disparities, but we must also solve the underlying problems. To treat that support as the long- term solution is to fall into the same well-meaning trap which led to the current situation.
The Bill is intentionally designed to put in place the structures and tools to enable that long-term solution. The framework it creates will work with our efforts to support communities but it is deliberately focused on the wider objectives set out in the Government’s levelling up White Paper. It is for this reason that Part 1 creates a statutory framework for the setting, reporting upon and review of levelling-up missions. As noble Lords will be aware, the missions set out in the levelling up White Paper set out the Government’s 12 priorities for levelling up between now and 2030. I do not intend to relist the missions but as your Lordships will know, they range from health and well-being through transport and digital connectivity to devolution across England.
This ambitious programme for our country provides a mechanism for this House and the other place to hold the Government’s efforts to account and to scrutinise any changes in the missions or how they are measured. It is right, I hope noble Lords will agree, that missions should be adaptable to the needs of the country, but that any adaption should take place openly.
Part 2 builds directly upon the local leadership levelling-up mission and provides the means to simplify, expand and deepen devolution across England, to which the White Paper committed. It creates a new institutional model more suitable for devolution to whole county areas outside city regions which have more than one council—the combined county authority. Alongside this, we are improving the existing combined authority and local authority models for devolution. This work is creating a consistent architecture across local government for devolution in England, where it is led by local areas.
Part 3 reforms the planning system to improve planning authorities’ ability to shape their areas in accordance with the needs and wishes of their communities. Principally, this is achieved by giving greater weight to the development plan when decisions on applications are made, so that there must be strong reasons to override the plan, and by making a number of changes to aid the adoption of local plans. These include the introduction, through secondary legislation, of new gateway checks to help spot and correct problems and reduce the risk that local plans will fail at examination. We are also removing the pressure many planning authorities feel to duplicate national policy in their local plans to ensure it has sufficient weight in their decision-making. This will enable plans to be produced more quickly by streamlining the contents of plans to policies which are bespoke to the area, rather than those which apply across the country.
As at present, we will also produce some high-level policies on matters to be considered when preparing local plans. These will be separate from the new national development management policies, which will sit alongside the polices in the development plan. Part 3 makes a number of other changes to the planning system. This is a substantial part of the Bill and there are a few significant changes among the numerous technical improvements included in this part.
Chapter 1 enables the digitisation of the planning system, in support of which we are already working with planning authorities across the country. Our aim is to enable greater involvement at all stages in the planning system, but particularly to increase engagement in the production of the local plan, where local voices can be so important. We are also strengthening the regard of heritage within planning law and creating a new system of “street votes”, allowing additional development on existing streets, where it meets prescribed requirements and is supported at a referendum. The issue of build-out of planning permissions also remains of concern to communities, and I know that many noble Lords have raised this issue before. Part 3 therefore introduces measures which will improve transparency around the speed of build-out and delivery expectations, backed up by new and strengthened powers for local planning authorities to act against unreasonably slow development.
Part 4 provides for the replacement, in most cases, of negotiable development contributions with a locally set, non-negotiable infrastructure levy. Planning authorities can at present often feel themselves at a disadvantage in these negotiations, particularly with the larger developers. Similarly, your Lordships will know that uncertainty over the obligations which will be requested can be a barrier for some of our smaller developers.
The levy addresses these concerns. The legislation will allow the levy to be set locally, meaning that local authorities can set different rates according to the nature of development. This will allow authorities to set rates reflecting their priorities, including securing at least as much affordable housing as that secured under the existing system, if not more. The new levy will be implemented through a test and learn approach, by introducing it in some local authorities first before rolling it out nationally to support local authorities through the transition period. We will publish a technical consultation on the new levy very shortly.
Part 5 grants time-limited powers for community land auction pilots. These will test an innovative mechanism for securing value and infrastructure for the local area from the allocation of land for development in a local plan. The Secretary of State is required to report to Parliament on the results of those pilots.
I turn to Part 6. Following our departure from the European Union, we want to learn from the experience of the past 40 years to tailor environmental assessment to better reflect the current pressures on the environment and meet the nation’s environmental needs. The Bill will secure powers to address issues with the current system that have seen environmental assessment become less proportionate, less effective and more cumbersome. Even if nothing else were to change, the Government would need to take powers to avoid these regimes becoming outdated. As a core principle, we would not wish to see environmental protections eroded over time, and the Government wish to go further to ensure that these assessments deliver for the environment.
These assessments could and should be more effective, both in identifying the impacts which could occur and as tools for promoting environmental improvement. We want these reports to be an active means for pursuing environmental improvement and protection. It is this objective, building on the work of the Environment Act 2021, which we are pursuing through this part.
Further to Part 6, Part 7 puts into law a requirement for water companies to address nutrient pollution arising from wastewater treatment works by 2030. This, together with a nutrient mitigation scheme led by Natural England, will reduce the barriers to significant numbers of new homes while creating new and improved wetlands and woodlands, enhancing access to nature, improving the environment and helping to build much-needed homes.
Part 8 reforms development corporations in England to create a new, locally led form of development corporation to support local leadership of regeneration efforts. We are also updating other forms of development corporations to ensure that these valuable tools for co-ordinating large-scale developments can all benefit from the powers suited to their circumstances.
Part 9 makes changes to the system for compulsory purchase, including enabling its digitisation similarly to Chapter 1 of Part 3. The purpose of these changes is to allow authorities to make better use of powers in their areas, where they find that there is a case for their use in shaping and regenerating those areas.
Part 10 provides local authorities with a tool in their efforts to regenerate and protect their high streets. By means of a high-street rental auction, planning authorities will be able, where a property has been vacant for at least a year—or at least 366 days within a two-year period—to make arrangements for that property to be let on appropriate terms. This is a discretionary power for local authorities, and we will provide guidance to support them as to how and when to use this new power. However, we expect it to form a backstop position to assist in preventing the decline of those high streets at the hearts of our communities.
Penultimately, Part 11 provides for powers to acquire more information about land ownership and arrangements. These powers respond to calls we have often heard regarding the barriers for local authorities and others arising from the lack of transparency about who ultimately owns land and who has options and other interests in it. As noble Lords will know, the possible arrangements are myriad. The powers we are taking have been deliberately constructed to try to preclude the possibility that a form of interest in land might escape the transparency that we seek to create.
Finally, Part 12 makes a number of changes which seek in large part to tidy up various regimes and systems that interact with the main elements of the Bill. We are taking powers to create a scheme for the registration of short-term lettings, the proliferation of which can cause problems in specific communities. The register will improve consistency in standards across all types of guest accommodation and deliver much-needed evidence and data on the number and locations of short- term lets in England.
We are also making permanent the provisions, introduced during the pandemic, streamlining the application for pavement licensing for outdoor dining in the Business and Planning Act 2020. To make these provisions work, they will be taken forward with minor modifications to their previous form based on feedback on the operation of the temporary measures during the pandemic.
In connection with our wider improvements to the heritage regime, we are placing into statute the requirement for authorities to maintain a historic environment record for all their areas. We are also allowing the Secretary of State to commission a review of the governance of the Royal Institution of Chartered Surveyors and providing powers for fees to be charged in connection with monitoring, variations and transfers of marine licences.
The breadth of the subject matter I have outlined seems eclectic, but these measures are all connected by our desire to empower areas through both devolution and improvements to existing systems to take advantage of the opportunities that they see. Through the reforms in the Bill, we seek to make it easier for areas to agree to devolution suited to them and shape their areas to take advantage of new opportunities while supporting their communities and safeguarding and improving the environment.
For the majority of the measures in the Bill, we are making changes only in relation to England. In some areas, the Bill extends beyond England, such as on environmental assessment, where it extends across the UK. I hope to have more to say on that subject later during the passage of the Bill once discussions with the relevant devolved Governments have concluded.
The House will also have noted the delegation of powers which the Bill provides to Ministers. We recognise the legitimate concerns that noble Lords have on this topic. We have sought to ensure that the powers we take are justified and appropriate to the policy in its context. I hope to be able to reassure your Lordships and make our case in relation to each measure as the Bill progresses. We will, of course, listen carefully to any suggestions that noble Lords may have.
The Bill enjoyed extended scrutiny in the other place and emerged all the stronger for that consideration. Your Lordships’ expertise on the complex matters with which the Bill is concerned can only further assist, and I look forward to working with them on achieving its objectives.
I very much look forward to the maiden speeches of the noble Lord, Lord Jackson of Peterborough, and the noble Baroness, Lady Anderson of Stoke-on-Trent. I join the House in giving them a very warm welcome to this place. I also look forward to the valedictory speech of the noble Baroness, Lady Harris of Richmond, who will contribute virtually. I hope that she can hear me when I say how much she will be missed in this House. I commend the Bill to the House and beg to move.
Baroness Scott of Bybrook (Con)
First of all, I give my sincere apologises to the noble Baroness, Lady Harris of Richmond. I am so pleased that she is not retiring, and I look forward to her further contributions well into the future. I hope that she can hear me.
I am grateful to all noble Lords who have spoken today and am encouraged by the level of interest prompted by the Bill. As we have heard from noble Lords across the House, the Bill offers a genuine opportunity to empower local leadership to tackle issues on which they are the experts. Local power, exercised accountably, is the only way we will extend opportunity throughout our country. Too often, Governments have erroneously thought that centralising power will make them more effective. The lessons of the past 70 years are clear: that approach does not work. We must trust local areas and provide them with the tools to build their own futures.
This has been a substantial and valuable debate with significant contributions from across the House. I will respond to as many points as I can within the time I have, but, with over 65 speakers listed, it will be challenging, to say the least. I hope noble Lords will excuse me if I do not list a number of Peers; I appreciate everything they have said and ask for their forgiveness if I do not mention everyone by name. I also hope that they will forgive me if I do not address every point raised. Where I do not address a point, I will follow up with an extensive letter which I will copy to all Members who have spoken; I will also put a copy in the Library. I also repeat my offer to all noble Lords across the House to meet to discuss any of these matters in greater detail. I will put together briefings on some of the themes that have come out of the debate. I implore noble Lords to get in touch with my private office, and I assure them that I have written every question in my little book and will ensure that we get them answered.
Before I start discussing the Bill, I congratulate my noble friend Lord Jackson of Peterborough and the noble Baroness, Lady Anderson of Stoke-on-Trent, on their maiden speeches today. They both made excellent contributions to our debate, and I look forward to working with them both in future, not only on this Bill but on other Bills in the years ahead—if I am still standing here at the Dispatch Box.
I turn now to the matters raised in the debate. First, we will work with the Delegated Powers and Regulatory Reform Committee and consider any recommendations on narrowing the powers in the Bill, where appropriate. I know that that issue is of keen interest to this House, as we have heard in many contributions, and I am committed to working through any issues raised by the Select Committee.
I turn now to the levelling-up missions. This Government’s defining mission is to level up our country to close the gap in productivity, health, incomes and opportunities between much of the south-east and the rest of the country. That is made all the more urgent given the current economic context, with places across the country affected in different ways by these headwinds.
As the levelling up White Paper sets out:
“Levelling up is a moral, social and economic programme for the whole of government”
to spread opportunity and prosperity more equally across the country. The Bill sets out the framework for delivering on that levelling-up mission and places a statutory duty on the Government to publish an annual report on our progress on those missions. The Bill is an enabling Bill; it creates the foundations for action to be taken to address entrenched geographical disparities and to level up the country.
The Government recognise that scrutiny and seeking expert advice will be important to ensuring that we deliver on our missions and level up the country. That is why we have established the levelling-up advisory council, chaired by Andy Haldane, who will provide the Government with expert advice to inform the design and delivery of all these missions.
The levelling-up missions are intended to anchor government policy and decision-making necessary to level up the UK. However, these missions should not be set in stone: as the economy adapts, so too might the missions, to reflect the changing environment and lessons learned from past interventions. As we become more ambitious, or as better metrics become available, we should be able to update missions to reflect that. Importantly, the Bill sets out that any changes to missions should be fully and transparently explained and justified through a Statement to Parliament when they occur.
Our approach to the missions is the same as the approach taken with fiscal rules: they are subject to debate in Parliament but are not in law. His Majesty’s Treasury publishes its fiscal rules in a non-legislative policy document, but that is laid in Parliament. This does not prevent the Government from being held to account for keeping to their fiscal targets. The missions will be published in a policy document laid before, and debated in, Parliament. The first example of this document will be based on the levelling up White Paper, and future iterations will include the headline and supporting metrics used to define the missions and measure progress towards them.
The 12 levelling-up missions are a tool to break down silos and encourage co-operation across the public, private and voluntary sectors. To ensure that missions deliver these benefits, we are improving the way in which departments work together across central government, with clear accountability through named individuals taking responsibility for progress on each mission and with structures to enable joint working on each mission. To facilitate the cross-departmental co-ordination of levelling up at the ministerial level, a dedicated inter-ministerial group on levelling up has been established, chaired by the DLUHC Secretary of State.
I turn to devolution. The Bill sets out the procedure for the Secretary of State to devolve local authority and public authority functions to a combined county authority. This is similar to the procedure conferring these functions on a combined authority and individual local authorities in the 2009 and 2016 Acts. In each case, this might follow the agreement of a devolution deal.
The Bill will also align the processes for establishing and amending mayoral combined authorities to the proposed combined county authority processes, which will simplify devolution for areas, enabling more rapid expansion. By amending the current statutory consent requirements around the expansion of combined authorities and the conferral of powers, the Bill will enable more local authority areas to join combined authorities, expanding devolution, and to gain greater powers, deepening devolution, while ensuring that combined authorities are able to remunerate constituent authority councillors for their role on overview and scrutiny committees, ensuring stronger accountability.
In line with our focus on supporting local leaders to drive better outcomes and levelling up, the Secretary of State may make such regulations only if they consider that doing so would be
“likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area”.
The Secretary of State must have such discretion to implement deals that they have agreed with areas based on a robust assessment of whether all parts of this statutory test have been met. It is essential that a statutory test is considered and met in all cases: there may be instances where the area concerned has demonstrated that conferral of functions would meet one criterion of the test but not another. As we say in the levelling up White Paper, devolution must reflect local areas’ differences; there cannot be a one-size-fits-all approach. Devolution is informed by the devolution framework, but this is not a standard offer of powers, and there is scope to agree further powers on a case-by-case basis.
There have been calls for greater fiscal devolution, down to parish and town council level. This Government trust local government and its strong and accountable local leaders. We are exploring further fiscal devolution, initially through the trailblazer devolution deals. We will consider putting power back in the hands of local people through greater fiscal freedoms. I thank the noble Baroness, Lady Scott of Needham Market, for her contribution; I know she works very closely with town and parish councils. We want to make sure that parish and town councils can protect the assets and amenities which matter to them locally. The Government have enabled this to happen through their £150 million community ownership fund, which was launched last year to support communities to save assets at risk. I know of a number of pubs and local shops for which investment has been used for this purpose. As part of the levelling up White Paper, we also look at the existing community asset frameworks and how they might be strengthened.
On national planning policy, this Bill reforms decision-making to strengthen the role of the development plan in practice. Decisions will be able to depart from the development plan and any national development planning policies only where
“material considerations strongly indicate otherwise.”
It will no longer be enough for those other considerations to merely “indicate otherwise”.
Giving national development management policies statutory weight will give greater clarity to the role of national planning policies in planning decisions. This is crucial to reducing the number of planning appeals local authorities currently face, therefore reducing the number of unanticipated developments communities face on their doorstep as a result. I think I can safely say this is an outcome that we all want to deliver.
National development management policies are intended to cover general planning considerations that apply regularly in decision-making, of the sort already found in the national planning policy. Giving these statutory recognition will promote greater consistency and certainty across the planning system and allow local plans to be shorter and more locally focused.
National development management policies will provide greater assurance that important safeguards such as protections for areas at risk of flooding, policy on climate change and policies to protect the green belt will continue to enjoy the strongest levels of protection, underpinning key national policy protections with statutory weight when the local plan policies go out of date. They will not impinge on local policies for shaping development, nor direct what land should be allocated for particular uses during the plan-making process. These will remain matters for locally produced plans.
Some local plans are woefully out of date. For example, some date from the 1990s. It would be wrong to say that these must supersede national policy in the event of conflict between a national development management policy and the development plan, when a planning decision must be made in accordance with both. This point is particularly crucial, because we wish to use national policy to drive higher standards, especially on good design, the environment and tackling climate change. It is important that these can take precedence in the event of conflict with out-of-date policies in certain plans. Nevertheless, I would expect such conflicts to be limited in future, both because we are making it easier to produce plans and keep them up to date, and because the Bill makes sure that new plans will be drawn up consistent with national policies, including the national development management policies.
The need to level up urban and rural areas has rightly received substantial attention in this debate, and we have considered the impact on rural areas. The Bill will benefit rural areas by giving communities more of a say on local plans by way of a new infrastructure levy that can deliver as much, if not more, affordable housing than at present, and a new requirement for infrastructure providers and other bodies to provide assistance to local authorities in drafting their local plans.
Through a discretionary council tax premium for second homes and the infrastructure levy, LPAs will be empowered with more money to address issues that matter to the people living in rural areas, such as infrastructure, housing supply and affordability and the sustainability of local communities. Our second rural-proofing report, Delivering for Rural England, published last September, showed what levelling up might look like in a rural area and set out what the Government were doing. The independent Levelling Up Advisory Council is also exploring how it can offer specific insights into the design and delivery of levelling up in rural areas.
On rural funding, we launched the £110 million rural England prosperity fund on 3 September 2022 to enable local authorities to provide small capital grants to support rural businesses and community infrastructure. This is replacing funding previously provided by the EU through the LEADER and growth elements of the rural development programme for England and is a rural top-up to the UK’s shared prosperity fund.
On housing, I have a list here of many, if not the majority, of noble Lords who spoke today on this issue, but I will not read it out. Noble Lords will be aware of our consultation, launched last December, which sets out in more detail our proposed approach to planning for housing in Chapter 4. We are retaining a method for calculating local housing need figures, but these will be an advisory starting point; it will be up to local authorities, working with their communities, to determine how many houses can actually be built, taking into account the needs and nature of their local area, such as green belt, the existence of a national park or a coast, and recognising that building should not wholly change the character of an area. We propose to make changes to the rolling five-year land supply, ending this obligation where planned strategic housing policies are up to date. Communities will have a powerful incentive to get involved in their local plan.
The new infrastructure levy has received a considerable amount of debate this evening. The levy, set and raised by local authorities, will seek to deliver at least as much affordable housing. The Bill ensures that local authorities take the desirability of delivering at least as much affordable housing into account when they set their rates; this will be achieved in part through the right to require, which will enable local authorities to require developers to build on-site affordable housing. We will shortly consult on the levy on how the right to require will operate.
The noble Lord, Lord Best, as well as speaking knowledgably on affordable housing, referenced the Letwin review. While that review found no evidence of systematic land banking, it found substantial scope to accelerate build-out rates, particularly through diversification. The Government are clear that new homes should be built out as soon as possible when build-out is delayed. It is for councils and developers to work closely together to overcome any barriers. Our robust package of build-out measures seeks to encourage this.
It was questioned whether the infrastructure levy would be able to mitigate the impact of specific development. The levy is proposed largely to replace the complex and discretionary Section 106 regime. Under the infrastructure levy, we intend that in all cases local planning authorities will be able to require developers on all sites to provide infrastructure integral to that site. That includes infrastructure crucial to that site to function, such as access roads or connections to drainage networks. These items of infrastructure will continue to be delivered by developers.
This Government’s commitment to building 300,000 homes a year has been a significant topic of discussion. Our planning reforms will help to deliver enough of the right homes in the right places, and we will do that by promoting development that is beautiful, that comes with the right infrastructure, that is done democratically with local communities rather than done to them, that protects and improves our environment, and that leaves us with better neighbourhoods than we had before. The Government remain committed to continuing to work towards our ambition of delivering 300,000 homes a year in England, as set out in the 2019 Conservative manifesto. We are making strong progress in this area. Since 2010, over 2.2 million additional homes have been delivered in England, including more than 632,600 affordable homes.
Finally, I come to the environment. The Government recognise the challenge of climate change. It is critical that the planning system must address this effectively. Through the Climate Change Act 2008 the Government have committed to reduce emissions by at least 100% of 1990 levels by 2050 and to produce national adaptation programmes every five years that respond to economy-wide climate change risk assessments. The Bill sets out that local plans
“must be designed to secure that the development and use of land in”—
the local planning authority area—
“contribute to the mitigation of, and adaptation to, climate change.”
Our new outcomes-based approach to environmental assessment will ensure that the ambitions of the Environment Act and the 25-year environment plan are reflected in the planning process, placing the Government’s environmental commitments at the centre of decision-making.
The National Planning Policy Framework is already clear that plans should take a proactive approach to mitigating and adapting to climate change, taking into account the long-term implications for flood risk, coastal change, water supply, biodiversity and landscapes, and the risk of overheating from rising temperatures, in line with the objectives and provisions of the Climate Change Act 2008. The National Planning Policy Framework must be taken into account in preparing the development plan and is a material consideration in planning decisions. This includes the framework’s current policies related to climate change mitigation and adaptation. Furthermore, as committed to in the net-zero strategy, we will carry out a full review of the National Planning Policy Framework to ensure it contributes to climate change mitigation and adaptation as fully as possible. This will be consulted on as part of wider changes to the National Planning Policy Framework to support the ambitions in the Levelling-up and Regeneration Bill.
I thank noble Lords for their continued assistance with and support of the Bill and I look forward to progressing our discussions in Committee. I single out the noble Lord, Lord Heseltine, for his contribution this evening, for the foundations he laid through his trail-blazing work on devolution, and for the wealth of knowledge he brings to this debate. I hope he will continue to take part as the Bill moves through this House.
I have not been able to respond to each point raised, and I apologise, but I think I am already over time. Given the hour at which we are wrapping up this Second Reading, I hope that noble Lords understand the approach I have taken. I reiterate my commitment to meeting any Member of this House who wishes to discuss the Bill further. I have noted the missions, housing numbers, environment issues and devolution as issues on which I shall try to put together some meetings very quickly—certainly before we get to Committee. I have noted each request for a meeting that has been made this evening and I will instruct my private office to reach out to noble Lords to get these meetings set up. I hope that is acceptable to the House. I commend the Bill to the House.
Baroness Scott of Bybrook
That it be an instruction to the Committee of the Whole House that they consider the Bill in the following order:
Clauses 1 to 13, Schedule 1, Clauses 14 to 25, Schedule 2, Clauses 26 to 31, Schedule 3, Clauses 32 to 54, Schedule 4, Clauses 55 to 77, Schedule 5, Clauses 78 to 86, Schedule 6, Clauses 87 to 90, Schedule 7, Clauses 91 to 94, Schedule 8, Clauses 95 to 101, Schedule 9, Clauses 102 to 104, Schedule 10, Clauses 105 to 124, Schedule 11, Clauses 125 to 154, Schedule 12, Clauses 155 to 158, Schedule 13, Clauses 159 to 162, Schedule 14, Clauses 163 to 169, Schedule 15, Clauses 170 to 186, Schedule 16, Clauses 187 to 191, Schedule 17, Clauses 192 to 211, Schedule 18, Clauses 212 to 223, Title.
Monday 20th February 2023
(1 year, 10 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-II Second marshalled list for Committee - (20 Feb 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook)
My Lords, levelling up is at the heart of the Government’s agenda to boost economic growth and build back better after the pandemic. It was at the centre of the manifesto on which the Government promised to deliver for the people of the United Kingdom. The levelling-up White Paper was published in February 2022. The United Kingdom is one of the greatest countries in the world but not everyone shares its success. As the levelling-up White Paper set out, we know that where people live unfairly affects their chances of getting on in life. Only through improving social and economic opportunities across the country can we rebalance the economy and achieve maximum growth. Safer streets, pride in place and more empowered communities can help drive local growth, investment and a more innovative economy. The Government are committed to reversing this unfairness and levelling up the UK by boosting growth and spreading opportunity more equally across the country.
The levelling-up White Paper set 12 levelling-up missions to anchor ambition and provide clarity over the objectives of public policy for the next decade. Delivering on these missions will improve people’s lives by improving living standards, spreading opportunities, enhancing local economic growth, restoring local pride, spreading opportunity and empowering local leaders across this country. Missions will also serve as an anchor for the expectations and plans of the private sector and civil society. This stability and consistency of policy aims to unleash innovation, investment and collaboration with the private sector and civil society.
Many of the powers in the Bill are enabling measures to help level up and deliver the missions in a way which reflects the characteristics of different areas. Missions are intended to anchor government policy and the decision-making necessary to level up the United Kingdom. However, missions should not be set in stone. As the economy adapts, so too will the missions to reflect the changing environment and lessons learned from past interventions. The Bill sets out that any changes to missions should be fully and transparently explained and justified when they occur.
We begin our first debate in Committee with Amendment 1, in the name of the noble Baroness, Lady Pinnock. I thank her for making it clear, as I would have made it clear, that this is a complex Bill. Everything she said about levelling up is correct: it will mean a lot of things to a lot of people, and it is about people and places.
I begin by assuring noble Lords that by setting out the missions to level up the United Kingdom the Government are identifying their priorities for reducing significant geographical disparities within the United Kingdom. As I have said, the White Paper explicitly sets out parameters for the agenda through the six capitals, four pillars and 12 missions. There is no denying that levelling up encompasses a broad and ambitious set of objectives. The Government’s focus now is on making levelling up a reality for people and places across the United Kingdom through funding, place-based policy and devolution to local leaders. We recognise that there is much more to do, but we are making progress.
The noble Baroness, Lady Lister, asked whether it is about bridging the gap between the rich and the poor. It is; when you talk about education, skills, good jobs and the provision of those things, that is about addressing the gap. If children live in homes where their carers or parents have good jobs, they will not be as poor as children who live in homes with no jobs. It is about addressing all those gaps.
Earl Howe (Con)
My Lords, this group of amendments addresses a number of important issues around accountability and scrutiny of the levelling-up missions, including looking at the roles of Parliament, the public and academics. I will begin by addressing Amendment 2, tabled by the noble Baroness, Lady Hayman of Ullock, which would require the statement of levelling-up missions to be published within 10 days of Royal Assent. The Government have already been clear that the first statement of missions will be based on the levelling-up White Paper. We have committed within the Bill to publish this statement within one month of Part 1 coming into force. I suggest that this is already a prompt timescale and a realistic one, because it includes time to complete internal procedures before publication and the laying of a report. So I think that further shortening that timescale is unnecessary.
Amendment 24, tabled by the noble Lord, Lord Stunell, would require mission statements to be approved by Parliament. Amendment 49, also in the noble Lord’s name, would similarly require approval from Parliament and the devolved Governments for any revisions to statements of levelling-up missions. Amendment 25, tabled by my noble friend Lord Lansley, requires a Minister to withdraw the statement if either House of Parliament decides not to approve it.
Let me be quite clear. The Government are committed to enabling Parliament, the public and experts to fully scrutinise our progress against our missions. The missions and metrics will be published in a statement of missions laid before Parliament. The proposed initial set of these metrics has already been published in the levelling-up White Paper and is bound to be refined over time. That really does represent a significant step forward. For the first time, the law will require Ministers to set and publish missions that focus on reducing geographical inequalities.
Our approach to the missions is the same as the approach taken, for example, with the fiscal rules, or indeed with the Government’s mandate to NHS England: they are subject to scrutiny in Parliament but are not set out in law. His Majesty’s Treasury publishes its fiscal rules in a non-legislative policy document, but that is laid in Parliament. This does not in any way prevent the Government being held to account in keeping to their fiscal targets. What matters is the transparency of those targets and of the published data. The missions will be published in a policy document laid before, and debated in, Parliament. The first example of this document will be based on the levelling-up White Paper, as I have said.
As my noble friend made clear, the legislation sets out the framework for the missions, not the missions themselves. The Government are committed to laying and publishing statements of levelling-up missions and annual reports to ensure transparency and scrutiny. To my mind, it would be unthinkable that the Government would not take seriously any analysis, challenge or ideas put forward by Parliament or, indeed, by others outside Parliament and government. Again, what matters is that the missions and metrics should receive scrutiny from Parliament and the public. Ultimately, I would say to my noble friend Lord Lansley that we are dealing here with government policy. Parliament can express a view—Parliament can do whatever it likes—and may well influence policy in the future by doing so, but, in the end, it is the Government who need to be accountable and to take responsibility for their own agenda and the progress they make in fulfilling that agenda. My noble friend’s recent letter to all noble Lords—
Lord Lansley (Con)
I think we largely agree on the role of government in determining what the missions and metrics should be, but can my noble friend explain why the principle applied to the national procurement policy statement—that the Government decide what the priorities are and Parliament can debate them and if necessary say that it does not approve of them—is not applied to this important set of policy priorities? Why have the Government put that into legislation currently before the other place but not done the same in relation to this Bill?
Earl Howe (Con)
I think it was a relatively easy concession for the Government to make in the Procurement Bill because Parliament, as I just said, can decide to do whatever it likes. If any Member of either House wants to table a Motion to Regret against anything the Government are doing, they can do so, and the House as a whole can express its view. If that were to happen—I think it is unlikely—
Lord Lansley (Con)
I apologise for pressing my noble friend. I do not think it was a concession by the Government: I think it was written by the Government into the Bill. But, anyway, that is not the point. Is my noble friend saying that, if a statement were to be published and laid before Parliament, and a regret Motion were to be passed against it, the Government would withdraw the statement?
Earl Howe (Con)
As I said, it would be extremely unlikely for any government to ignore the view of either House of Parliament if that view had been expressed in the form of a Motion that had been widely supported. Of course, no Government would ever say that they had a monopoly of wisdom in areas such as this. If there are any good ideas coming forward from any source, it is appropriate to review the proposals on the table.
I think we are dancing on the head of a pin here, if I may say so to my noble friend, because it is very likely that government will receive advice from a number of quarters as they go forward with this agenda. As he said, we are having to deal with an extremely complex set of metrics, and we are keen that those with expertise, among whom your Lordships can be numbered, are able to scrutinise the progress that government is making and express a view if they wish to.
My noble friend Lady Scott’s recent letter to your Lordships stated a number of things that perhaps bear repeating. The statement of levelling-up missions will be based on the 12 missions set out in the White Paper. The statement will include detail about the metrics being used to monitor progress. As I mentioned, those metrics will be identical to the technical annexe in the White Paper as progressed by further work undertaken since then. In particular, it might be helpful for noble Lords to note that well-being and pride of place are still being worked on, but that this work is near completion. I hope that we can provide further detail about that quite soon.
Amendments 26 and 32 tabled by the noble Lord, Lord Stunell, and Amendment 38 tabled by the noble Baroness, Lady Taylor, put forward an independent body or independent evaluation of the missions and progress. The Government of course recognise that scrutiny and seeking expert advice will be important to ensuring that we deliver on our missions and level up the country. That is why we have already established the Levelling Up Advisory Council, chaired by Andy Haldane, to provide government with expert and independent advice to inform the design and delivery of the levelling-up agenda. The noble Baroness, Lady Hayman, mentioned the desirability of having academic and other outside expertise available to the council, and I absolutely agree. The council draws regularly on wider academic, business and other expertise to inform its advice, and includes voices from different parts of the UK.
Appointments to the Levelling Up Advisory Council are made at the discretion of the Secretary of State for Levelling Up, Housing and Communities and in accordance with the Cabinet Office processes for public appointments. Among the council’s membership are Sally Mapstone of the University of St Andrews, Cathy Gormley-Heenan of Ulster University, and Katherine Bennett, who chairs the Western Gateway, the UK’s first pan-regional partnership to bring together leaders from Wales and western England. I can tell the Committee that the Government will continue to look at ensuring that membership of the Levelling Up Advisory Council represents all parts of the UK. We are indeed already working with the devolved Administrations and with English local government on the levelling-up challenges and will continue to do so.
I will just add a couple of points for the noble Lord, Lord Stunell, in particular. As set out in the technical annexe to the White Paper, the missions largely rest on metrics published by the Office for National Statistics and others, so performance will be transparent and everyone will be able to judge how the Government are doing. That is right because, as I emphasised earlier, government should be accountable.
Amendment 41 tabled by the noble Baroness, Lady Taylor, would ensure that an annual report was published before a general election. I have to part company with her on that point; the timings for laying the report before Parliament and publishing documents are, in my view, rightly independent of the electoral cycle, as is the case for other key government frameworks such as the Charter for Budget Responsibility. The purpose of laying reports is to allow for Parliament to hold the Government to account on their progress towards the missions, and the Bill requires the Government to publish reports as soon “as is reasonably practicable”. Levelling up is a challenging, long-term agenda which cannot be achieved within a single electoral cycle. The framework for missions which we are establishing here reflects that long-term vision.
Baroness Scott of Bybrook (Con)
My Lords, this group of amendments addresses issues impacting rural and coastal communities across the United Kingdom. Amendment 3, tabled by the noble Lord, Lord Foster of Bath, considers the reduction of disparities between predominantly urban and predominantly rural areas. Amendment 5, tabled by my noble friend Lady McIntosh of Pickering, puts forward a new mission to a similar effect, reducing the disparities between rural and urban areas in the provision of public services.
The framework set out in this Bill provides ample opportunity to scrutinise the substance of missions against a range of government policies, including levelling up in rural areas and improving people’s access to green and blue spaces. I can reassure noble Lords that the Government are committed to spreading the benefits of levelling up to rural communities and that spending by the Department for Environment, Food and Rural Affairs helps to support the levelling-up agenda.
The Government are already committed to delivering an annual report on rural-proofing, led by the Department for Environment, Food and Rural Affairs, and examining how government policy considers rural issues. I hope this reassures noble Lords that such work is going on by this Government. I will say more about rural-proofing in a minute.
I agree with the sentiments of Amendments 11 and 12, tabled by the noble Lord, Lord Foster. More granular spatial data is crucial to ensure that policy fully recognises the different characteristics, opportunities and challenges of different places, including between large cities, small towns, and rural and coastal areas. Many people have talked about data. It is important to have the data, both historically and moving forward, in order for us to make the metrics correct for what we are trying to deliver.
I will give a little more information, which is a bit technical—well, it seems technical to me; it may not to noble Lords—on what is happening within government to better identify these geographical disparities. To tackle these data gaps and harness the potential of new data visualisation and experimentation techniques in support of levelling up, the UK Government are putting in place a transformative data analysis strategy at subnational level. The strategy has four elements: first, producing and disseminating more timely, granular and harmonised subnational statistics through the Government Statistical Service’s subnational data strategy; secondly, making granular data publicly available through a number of tools, including a new ONS interactive subnational data explorer; thirdly, harnessing data visualisation techniques and building capacity within the ONS to help decision-makers better understand and compare outcomes; and, lastly, increasing incentives to evaluate, monitor and experiment in levelling-up policies and programmes. From that, I think noble Lords can see that we agree that data is important in delivering what we want to deliver in this levelling-up legislation.
To complement the strategy I have just explained, we are establishing a new spatial data unit to drive forward the data transformation required in central government. The spatial data unit will support the delivery of levelling up by transforming the way the UK Government gather, store and manipulate subnational data so that it underpins transparent and open policy-making and delivery decisions. This will include improving how we collate and report on the UK Government’s spend and outcomes, including building strong capabilities on data visualisation and insights. To me, it is really important that, first, we always know what is being delivered and what we want to deliver and that we have all the metrics to do that.
The spatial data unit will also consider the differences between geographical areas, such as regions, counties, councils, and even down to council wards, according to the needs and objectives of specific missions or policy areas. This will be extremely important, particularly when we are talking about small rural areas.
There was a lot of discussion about transport, an area in which it is important to have the data before decisions are made. As a council leader, I had to make some very difficult decisions about bus services. Some of them were never used, so why keep them? You need the data in order to make sound decisions.
The LURB introduces a series of powers to enable the introduction of the infrastructure levy, which will be able to account for the needs of those living in rural as well as urban areas, helping to support the provision of infrastructure that the areas need most. The Bill also requires local authorities to prepare infrastructure delivery strategies. These will set out a strategy for delivering local infrastructure through the spending of levy proceeds. They will create a more transparent process, so that local people know how the funds will be spent and what infrastructure will be delivered to support development. The Government have also just announced £3 billion for local bus and cycle links, because we understand that local transport is important to people. We will work with local leaders to ensure that they can use their powers to improve the services in their area, set the fares and make transport far more accessible for their local communities.
Amendment 33, tabled by the noble Lord, Lord Carrington, would require that annual reporting on the levelling-up missions include an assessment of how each mission has met the principles of the rural-proofing policy. Amendment 36, tabled by the noble Lord, Lord Foster of Bath, states that reporting on missions must include the Minister’s assessment in relation to rural areas. Amendment 53, tabled by the noble Baroness, Lady Taylor of Stevenage, asks for a report assessing whether new legislation should be produced to establish new metrics for rural and coastal communities. Finally, Amendment 488, tabled by the noble Baroness, Lady Hayman of Ullock, suggests the publication of the assessment of infrastructure levels in coastal and rural communities.
Baroness Taylor of Stevenage (Lab)
My Lords, I draw attention to my interests as a serving councillor on Stevenage Borough Council and Hertfordshire County Council, and as a vice-president of the District Councils’ Network.
At Second Reading, I said that to some extent the Bill fails to meet the aspirations of the White Paper, but even the White Paper has significant omissions in that some of the key challenges which impact on opportunity and aspiration in this country are missing. This cannot be a levelling-up Bill without them, and this group of amendments seeks to address that.
In his contribution, the noble Lord, Lord Stunell, said that the missions were not in the Conservative manifesto, so we cannot absolve the Government from parliamentary scrutiny of those missions. However, neither can that proscribe Parliament from consideration of missions that were not there at all, or prevent those missions being added.
I thank my noble friend Lady Lister of Burtersett for her fantastic speech and amendment on child poverty, along with the right reverend Prelate the Bishop of Durham, and I thank the right reverend Prelate the Bishop of Gloucester for delivering another powerful speech on that issue. I also thank the noble Baronesses, Lady D’Souza and Lady Stroud, for supporting the amendment.
My noble friend Lady Lister referred to an issue raised at Second Reading—that it was the Government’s stated intent that the Bill address child poverty, and yet it is not explicit in the missions. The powerful intervention of the noble Lord, Lord Bird, addressed, among other things, the contribution that social housing can make to tackling poverty. I completely agree, having grown up in a council house myself and seen how good-quality social housing benefited the people around me. That is very powerful. There is also no excuse for not including child poverty in the missions.
The right reverend Prelate the Bishop of Gloucester spoke about the difficulties in education when you are facing poverty. When I was growing up, providing things as straightforward as school uniform, ingredients for cooking lessons and sports equipment were all great worries for children growing up in poverty.
The statistics are startling, and my noble friend Lady Lister quoted some of them. Some 27% of children—that is, eight in every classroom of 30—live in poverty, and of course the figure is far worse in some areas. In part of the county council division I represent in Hertfordshire—one of the wealthier areas of the UK, let us remember—one in three children lives in poverty. I have seen at first hand the impact on those children’s life opportunities in terms of educational attainment, health, mental health, economic capacity and every aspect of well-being: cultural, physical, social and academic. To imagine that levelling up can happen at all without a real focus on child poverty dooms the whole endeavour to failure.
For those of us who witnessed the huge impact of Sure Start and the comprehensive strategy of investment in children between 1998 and 2010, as a result of which, the number of children living in poverty fell by 600,000, it was dreadfully disappointing to see that project abandoned and the figures start to rise again. This situation has been exacerbated by the further inequalities that Covid inflicted on deprived communities. The Bill has the potential to start the serious work of tackling child poverty again. Let us not miss the opportunity, simply by not including child poverty as a serious and specific mission. My noble friend Lady Lister rightly asked why it was not in the White Paper or the Bill, and the noble Lord, Lord Young, proposed a solution. There may be other ways of doing it, and I hope that the Minister has taken account of what she has heard in the Chamber this afternoon.
I am grateful to the noble Lord, Lord Holmes of Richmond, for his advocacy for our disability community—I am sorry he could not be in his place this afternoon. As he says, this should be considered through every policy aspect of the Bill. Despite successive Acts of Parliament attempting to drive equalities forward in this respect, one has to spend only a very short period in the company of anyone with a disability to see just how far we still have to go. Access to transport, public buildings, education and the workplace, and the ability to participate in the political process, simply must get better if we are to see real levelling up. These are spatial issues, planning issues, and I hope we will see some progress as a result of the Bill.
I am grateful to my noble friend Lady Hayman for tabling the amendment on increasing cultural infrastructure across the UK. Unfortunately, due to the vicious cuts in local government funding in recent years, we have seen local cultural assets closed or mothballed across the country just at a time when creativity, innovation and celebration of local heritage could be creating jobs, developing skills, supporting mental well-being, giving educational opportunities and underpinning social cohesion and collaboration. In an excellent report from the Local Government Association, Cornerstones of Culture, the noble Baroness, Lady Young of Hornsey, chair of the Commission on Culture and Local Government, sets out the incredible opportunities that supporting the development of cultural infrastructure can deliver in terms of levelling up. As a resident of Hertfordshire, which is rapidly becoming the Hollywood of Europe, with film, TV and creative studios driving our economy—there is always a commercial in my speeches—and creating huge opportunities for our county, in particular its young people, I can say that the benefits this cultural intervention could bring across the UK are clear to see.
We have amendments from the noble Lord, Lord Stunell, and the noble Baroness, Lady Parminter, on meeting net zero, which are very welcome. There was a huge discussion on this on Second Reading, and it was notable just how many noble Lords said that without a specific mission to drive the target of reaching net zero across our nations and regions and across all policy areas, the Bill would be significantly deficient and miss a valuable opportunity. It is difficult to understand why amendments tabled the other place that attempted to strengthen the Bill in this respect were not adopted. As far as I am concerned, the situation is quite simple: either the Government mean what they say on net zero and climate change mitigation, in which case, make it the subject of a specific mission, or they do not. The consequences of the latter are enormous and unthinkable. It absolutely must be a target of devolution that every place in the UK fulfil its role in delivering net zero, and that progress be monitored.
The noble Lord, Lord Stunell, pointed out that achieving net zero is most challenging in the areas most in need of levelling up. The south-east is improving in this regard while the north-east is continuing to decline. At COP 27 the Prime Minister made a commitment to honouring promises on climate finance. That must apply equally across our nations and regions, as it does to external funding support. Yet, at the moment we do not even have a commitment to financing, for example, the decarbonisation of public housing. I urge the Minister to take seriously the strongly held concerns of noble Lords across this House about leaving out net zero as a specific mission of this levelling-up Bill. I will be particularly interested to hear the Minister’s thoughts on how green jobs, new biodiversity targets and environmental planning challenges each relate to the levelling-up agenda, and how the Bill can be improved by incorporating these.
I thank the noble Baroness, Lady Willis, for her powerful speech on a healthy environment and for pointing out that access to green space is definitely an equalities and levelling-up issue. The link to health and mental health outcomes is clear from all the evidence the noble Baroness cited and that we see elsewhere. Can the Minister say why this cannot be dealt with in the planning frameworks? I was lucky enough to grow up in a new town, where green space such as parks was planned from the very start. It comes under increasing pressure as the cramming of urban areas is seen as a way of solving the housing crisis. That cannot be right, and we need to have a careful look at this from a planning point of view.
We have a group of amendments here that are intended to address serious omissions from the Bill and include missions that will make a significant and important contribution to the levelling-up agenda. I hope that the powerful words of the noble Lords who have contributed to this debate will receive a receptive hearing from both the Minister and the Secretary of State.
Baroness Scott of Bybrook (Con)
My Lords, this group of amendments includes those related to new missions and metrics. The missions contained in the levelling-up White Paper are the products of extensive analysis and engagement; this analysis is set out in the White Paper. As I have made clear already, the Bill is designed to establish the framework for missions, not the content of missions themselves. The framework provides ample opportunity to scrutinise the substance of those missions against a range of government policies.
I start by addressing Amendments 4 and 9, tabled by the noble Baronesses, Lady Lister of Burtersett and Lady Hayman of Ullock, which would require the levelling-up missions to include a mission on child poverty. Let me say that everybody in this Government accepts that child poverty is an issue that needs continually to be kept an eye on, managed and acted upon. However, the way we deal with it is perhaps the issue that we need to discuss. We believe that the best and most sustainable way of tackling child poverty is to ensure parents have opportunities to move and progress in the workplace. Setting targets can drive action that focuses primarily on moving the incomes of those just in poverty to above a somewhat arbitrary poverty line, while doing nothing to help those on the very lowest incomes or to improve children’s future prospects. We therefore have no plans to reintroduce an approach to tackling child poverty that focuses primarily on income-based targets. Ministers and officials engage extensively across government to ensure a co-ordinated approach to tackling poverty, and we will continue to do so in the future.
Moving into work is the best way to improve lives. In 2019-2020, children in workless households were over six times more likely to be in absolute poverty than those in households where all adults were in work. Since 2010, there are nearly 1 million fewer workless households; under the Conservatives, 1.7 million more children are living in a home where at least one person is working. However, that is not to be complacent. The issue for me—the noble Lord, Lord Best, brought it up—is good housing, good education, good skills and good jobs. All these things are covered by the missions, and they do not need to be one separate mission.
While I am talking about living standards, my noble friend Lord Young asked about the definition of living standards. The Bill seeks to raise the living standards of people in work and people who are able to work, or whom we can get into work:
“By 2030, pay, employment and productivity will have risen in every area of the UK,”
getting those who are not already in work into work. That is the definition in the White Paper.
The levelling-up White Paper highlights the challenges faced by children from disadvantaged backgrounds, and how these vary between and within places. It takes a systematic approach, through the missions, to address a number of factors which we believe contribute to child poverty. The levelling-up mission on living standards commits to increasing pay and employment in every area of the UK, which would in turn help to reduce child poverty. We are also committed in the White Paper to investing an extra £200 million to expand the Supporting Families programme in England, which will help to improve the life outcomes and resilience of vulnerable children and their families. Additionally, over £300 million in funding for family hubs and Start for Life has been allocated to 55 high-deprivation local authorities, supporting a focus on perinatal mental health and parent-infant relationships, infant feeding and parenting support. These are very important at the beginning of a child’s life, as we heard again from the noble Lord, Lord Bird.
Lord Stunell (LD)
I appreciate what the Minister is saying, and it is not part of my case that investing in green jobs has been a failure. My point was that investing in green jobs has been very successful, but it has been more successful in the more prosperous regions. Consequently, the disparity between the rich region and the poor region is widening. Clearly a major redirection of thinking is needed to ensure that the green investment and the green jobs are channelled in the right way. The noble Lord, Lord Lansley, said that he did not want to see Cambridge levelled down. I do not want to see London levelled down. I want to see the north-east levelled up, up, up. The metrics will have to be adjusted to accommodate that.
Baroness Scott of Bybrook (Con)
That is exactly what I said. We need to look at where these jobs are. An example of that is the £1 billion funding to support new investment in carbon capture, utilisation and storage in four industrial clusters or super-places across the UK. The net-zero strategy announced the first two clusters, one in the north-west and north Wales and the other in Teesside and Humberside. We are working to take that investment across the country and to places that need it.
This Government are committed to reducing greenhouse gas emissions across the country to reach net zero by 2050. There is a statutory duty within the Climate Change Act 2008 on the Secretary of State for Business, Energy and Industrial Strategy to set a carbon budget for successive periods of five years and to ensure that the net UK carbon account for the budgetary period does not exceed the carbon budget that has been set. Section 16 of the Climate Change Act 2008 also requires the Government to publish an annual statement of UK emissions, already in statute.
In addition to all this, the Treasury has mandated the consideration of climate and environmental impacts in spending decisions. Through its updated green book, policies must now be developed and assessed against how well they deliver on the Government’s long-term policy aims, such as net zero.
Lord Stunell (LD)
I apologise to the Minister for intervening again, but can I press her? Of course, that is all worth while, but will that analysis be on a regional basis or simply on a whole-country basis? We need to know, or the Minister needs to know, whether year by year that gap is widening or narrowing because of that extra green investment.
Baroness Scott of Bybrook (Con)
I spoke earlier about data and the processes and policies that we are putting in place for data capture and analysis. These are the things that will come out of that. I expect that to be one of the outcomes that we will see in the reviews of the missions.
I am very sorry that my noble friend Lord Holmes of Richmond was not here, but I know what he would say because he is a huge voice for disabled people in this country. I thank him for that and for his Amendment 14. If the House agrees, I will respond to it. The objective of improving the lives of disabled people has been considered throughout the levelling-up White Paper. People with disabilities are less likely to be employed, and face additional challenges in workplace progression. The White Paper highlights the in-work progression offered to support better employment opportunities. We need to continue this. The disability employment gap is widest for those who have no qualifications, hence why we will continue to work closely with local authorities to improve their special educational needs and disability services where they are underperforming.
The Government are delivering for disabled people. We have seen 1.3 million more disabled people in work than there were in 2017, delivering a government commitment five years early. We have supported the passage of two landmark pieces of legislation—the British Sign Language Act and the Down Syndrome Act. We have also delivered an additional £1 billion in 2022-23 for the education of children and young people with more complex needs.
Amendment 16 tabled by the noble Baroness, Lady Hayman of Ullock, would require this Government and future Governments to include a mission to increase cultural infrastructure across the UK within mission statements. I agree with her that people’s lives are shaped by the social and physical fabric of their communities. The local mix of social and physical capital, from universities to good-quality green spaces and from libraries to local football clubs, gives areas their unique character and vibrancy and makes residents proud to live in that place. Recognising that in the levelling-up White Paper, the Government set a “pride in place” mission. The Government’s ambition is that, by 2030, people’s satisfaction in their town centre and engagement in local culture and community will have risen in every area in the United Kingdom, with the gap between top-performing and other areas closing. Increasing cultural infrastructure will be key to achieving this mission.
The Government have taken practical steps to support, protect and expand cultural infrastructure. The £1.5 billion cultural recovery fund rescue packages helped thousands of cultural organisations across a range of sectors to stay afloat during the Covid-19 pandemic, while the community renewal fund, the community ownership fund, the levelling-up fund and the UK prosperity fund have provided opportunities to enhance cultural arts, heritage and sporting infrastructure in places across the country. The mutual importance of cultural and place identity is recognised in the Government’s work with places, such as through the devolution deal and the pilot destination management organisation initiative in the north-east of England.
I hope that the extent of the Government’s action on these priorities, set out elsewhere in the policy, and the approach that has been set out—a clear, uncluttered and long-lasting framework for levelling-up missions—provides Peers with sufficient assurance not to press their amendments.
Baroness Bennett of Manor Castle (GP)
The Minister addressed climate mitigation but not climate adaptation and resilience. Can she write to me about the ways in which the Bill addresses those resilience and climate adaptation issues?
Baroness Scott of Bybrook (Con)
I will read Hansard, then write to her and put a copy in the Library.
Baroness Lister of Burtersett (Lab)
My Lords, this debate has shown the importance of some of the gaps in the Government’s levelling-up mission. It also shows how social and environmental justice are intertwined in terms of child poverty, the environment and disability, as we have talked about. They gel together well as a set of amendments.
I am very grateful to noble Lords who spoke in support of Amendment 4. Some powerful speeches have enriched the case for adding a child poverty mission to the list of missions. I am very grateful to the noble Lord, Lord Young of Cookham, who looked for a way through without an extra mission but looking at how the current missions could be adapted. It was very disappointing that the Minister rather rejected that olive branch—that way out or way through—and has not even agreed to take it away and consider it as an option.
I thank the Minister for engaging with the issues raised, but, needless to say, I found her response very disappointing. I think she said that the Government accept that child poverty is an issue that we must keep an eye on, manage and act on—but where is the Government’s child poverty strategy? There is none. It is simply not good enough to say that it is all about getting parents into paid work, without even acknowledging the growth of in-work poverty and the number of children in families who have someone in paid work and yet are in real, serious poverty.
The Minister said that she did not want to have targets that would just take people above the poverty line. That is one of the reasons why the amendment talked about deep poverty, not simply getting those just below the line over it. It is a shame that the noble Baroness, Lady Stroud, could not be here, because her Social Metrics Commission has done a lot to draw attention to the increasingly serious issue of the depths of poverty. We now have organisations such as the Joseph Rowntree Foundation talking about destitution. In our modern-day society, this is really not something to be complacent about.
The Minister said, “we are not complacent”, but she then went on to repeat all the wonderful things that the Government are doing, none of which is reducing child poverty—they may be managing it but are not reducing it. It is irrelevant to this amendment to say that we are doing this and that, because those things are not serving to reduce the level of child poverty. I am afraid that, for me, that smacks of complacency.
I do not want to keep people from their dinner. The Minister said that she hoped that we would be reassured by what we had heard and withdraw the amendment. I will of course withdraw, but do not take that as me being in any way reassured. I am not. We will have to consider whether we want to come back on Report with an amendment on child poverty. But, for now, I beg leave to withdraw.
Wednesday 22nd February 2023
(1 year, 10 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-II(a) Amendment for Committee (Supplementary to the Second Marshalled List) - (21 Feb 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, as I have set out in earlier debates, it has always been the Government’s intention that the first statement of levelling-up missions would contain the missions from the levelling-up paper. I want to repeat what I said yesterday about why we are not putting the missions on the face of the Bill. The missions will be published in a policy document laid before, and debated in, Parliament. The first example of this document will be based on the levelling-up White Paper and future iterations will include the headline and supporting metrics used to define the missions and measure progress towards them.
If we put them in the Bill, it would make this part of what we want to do—and what we think it is right to do—very inflexible. This way, Parliament and the public will have the opportunity to scrutinise progress towards the missions, including annually when the report is published. This is comparable to other key government objectives documents such as the Charter for Budget Responsibility, which is laid before Parliament for scrutiny. That is why we are doing it this way, and I thank my noble friend Lord Lansley for supporting that way forward for the second day running.
I now move to the amendment tabled by the noble Baroness, Lady Hayman of Ullock, which inserts the Government’s levelling-up missions into the Bill. As I have said, that is not what we are going to do, because we do not feel that there would be flexibility if anything changes—for example, economics, data, pressures and issues in particular areas of the country. We would not have the flexibility to change the missions and scrutinise them, as I have said.
The 12 levelling-up missions are the product of extensive analysis and engagement. They cover the areas that require improvement to achieve an increase in the six capitals in the White Paper—human, physical, intangible, institutional, social and financial—and are needed to reduce the geographic disparities that we discussed today and that are identified in the White Paper. They are designed to be ambitious but achievable. They are necessarily spatial in their nature and definition, and they are neither national nor aggregate.
The missions are supported by a range of clear metrics, used to measure them at an appropriate level of geography. These metrics take account of a wider range of inputs, outputs and outcomes needed to drive progress in the overall mission. The metrics cover a wide range of policy issues but are all clearly linked to the drivers of spatial disparities.
I reiterate that the Bill is designed to establish the framework for missions, not the content of the missions themselves. The framework provides ample opportunity to scrutinise the substance of the missions against a range of government policies.
The noble Baroness, Lady Hayman, brought up the allocation of levelling-up funds being made according to government priorities, rather than local need. Places are invited to submit bids—under the themes of the regeneration of town centres, local transport and culture —that they feel best meet the levelling-up needs of their area. Part of our strategic fit assessment test is on how far a place’s bid locks into its wider levelling-up plans and how well it is supported by relevant local stakeholders and community groups.
My noble friend Lord Holmes of Richmond is not here and will therefore not move Amendment 13, but a number of noble Lords brought it up and I felt I ought to respond to it quickly. The levelling-up White Paper highlights the importance of the educational attainment of primary schoolchildren and sets out a clear mission to significantly increase the number of primary school- children achieving the expected standards in reading, writing and mathematics. In England, this will mean that 90% of children will achieve the expected standard, and the percentage of children meeting the expected standard in the worst-performing areas will have increased by over a third. As we know, reaching the expected standards in these subjects is absolutely crucial for children to succeed at secondary school, which paves the way for success in later life. Ensuring that as many children as possible have these skills, regardless of their location or the current quality of their school, is an ambitious target, particularly as we work to recover lost learning from the pandemic.
We are already starting on that. The Education Endowment Foundation, which gives guidance and support to schools, has a £130 million grant. Importantly, we are supporting 55 education investment areas, including starting interventions in schools with successive “requires improvement” Ofsted ratings. We are also delivering a levelling-up premium—a tax-free additional payment to eligible teachers in priority subjects—which is very much weighted to those education investment areas. We have started already, with over 2 million tutoring courses, particularly for young people who were affected by the lack of education during the pandemic.
From Second Reading, I know that many noble Lords are interested in health inequalities in this country—we heard that again today. I am sorry that the right reverend Prelate the Bishop of London is not here, but her Amendment 15 was nobly spoken to by the noble Lord, Lord Best. It puts forward that the missions must include reducing health disparities. I note Amendment 59 from the noble Baroness, Lady Hayman of Ullock, and Amendment 30, tabled my noble friend Lord Holmes of Richmond, who is not here, although it was mentioned by noble Lords. All of these would mean that geographical disparities include health outcomes.
Baroness Pinnock (LD)
My Lords, three issues have been raised by this small group: defining geographies—we talked a lot about geographies and spatial disparities— and granularity; independent scrutiny, which is really important; and then funding allocation and how that happens. I am beginning to think that the Government and the Minister may regret the publication of the levelling-up White Paper because it is a fountain of really good information.
On geographies, we need to understand what we mean by “geographies”. The noble Baroness, Lady Young, talked about very small pockets of multiple deprivation, and largely we have been speaking in the previous debates, yesterday and today, about big, regional or county-wide differences across the country. We need to understand at what level—or is it at all levels?—levelling up will take place. The levelling-up White Paper is quite handy in that regard—the Minister is nodding, so that is a good start. It has not taken IMD—the index of multiple deprivation—but it has a great map; I love maps which are mapped out according to datasets of this sort. It is figure 1.13 in the book, if noble Lords want to know. It has mapped, across local authority areas, gross value added, weekly pay, healthy life expectancy and level 3+ equivalent skills in the adult population. It is very revealing.
The map shows where there are all four of those indices in the lowest quartile of the measures. Where are they? According to this map, it is not always where you suspect. One of the areas is north Norfolk— I would never have thought that. Another area is where we would expect: the north-east, shown as a great, dark blob where that is a problem. Then there is the area down the Yorkshire coast and then obviously on the Lancashire coast, where you would expect—and then central Devon. So this is a very important sort of dataset to use. That is on a big scale. However, when my noble friend Lord Shipley introduced this, he talked about being able to go below that level of dataset to understand where the highest levels of multiple indices are occurring on a regular basis and how that can be tackled.
So that is the first point: it is not defined in the Bill, and we need a definition of what we are tackling in terms of geographies. So I totally agree with my noble friend Lord Foster about the granularity and importance of the data, and I agree with my noble friend Lord Scriven on supporting the amendment in the name of the noble Baroness, Lady Hullock—I am so sorry, I always do that; I meant the noble Baroness, Lady Hayman of Ullock—on the importance of independent scrutiny.
Finally, on the allocation of levelling-up funding to date, if this is a symptom of how it is going to occur in the future, we may as well abandon levelling up. The House of Commons Library has a report on the funding to date and where it has gone. The Government have put local authority areas into priorities 1, 2 and 3, with 1 being the most needy. I would expect that, unless there were exceptional circumstances, the money would go to priority 1. But no: 59%, only just above half the money, has gone so far, in the first two rounds of funding, to priority 1 areas. Some has even gone to priority 3 areas, which, by the Government’s own definition, are doing okay. So what is this about levelling up?
In response to the question about the cost of bids, I know, because I spoke to the chief executive of Leeds City Council, that it spent a third of a million pounds on drawing up bids for level 2 and got not a penny piece in return. When local government across the country, or certainly where I am, is cutting its budgets—£43 million has to be found in my own budget in Kirklees because of rising energy prices, inflation and all the rest of it—local government cannot afford to spend a third of a million pounds on making bids that then get turned down because the Government decide to hand the money to local authorities in priority 3 areas. It is not right, it is not levelling up and it needs to change.
Baroness Scott of Bybrook (Con)
My Lords, this group of amendments addresses the assessment of levelling up. Amendment 10 was tabled by the noble Lord, Lord Shipley, and supported by the noble Lord, Lord Foster, with whom I am more than happy to have a teach-in on data for anybody who would like to come and learn more about the technicalities—please just let me know. The amendment would define criteria that could be used to evaluate levelling-up policies that aim to address geographical disparities.
As I set out in detail to noble Lords in our first day of Committee, the missions contained in the levelling-up White Paper are a product of extensive analysis and engagement. The missions are supported by a range of clear metrics, used to measure them at the appropriate level of geography, and these metrics take account of a wider range of inputs, outputs and outcomes needed to drive progress in the overall mission. These metrics cover a wide range of policy issues but all are clearly linked to the drivers of spatial disparities. This has been set out in the White Paper.
I turn to Amendment 48, tabled by the noble Baroness, Lady Hayman of Ullock. This amendment would require an assessment by the independent evaluating body to be included in any review of statements of levelling-up missions. We have accepted in this Chamber that scrutiny and seeking expert advice will be important in ensuring that we deliver on our missions and level up the country. That is why we have established the Levelling Up Advisory Council to provide government with expert advice to inform the design and delivery of the missions. The council includes voices from different parts of the UK.
I know that the noble Lord, Lord Scriven, might not have been here for the debate on a previous group but I should say that the advisory council is chaired by Andy Haldane and its membership was published in the White Paper. The council members are not tied to government views and the council is made up of renowned independent experts in their field, such as Sir Tim Besley, professor of economics and political science at the London School of Economics; Cathy Gormley-Heenan, a former deputy vice-chancellor of research and impact at Ulster University; Sacha Romanovitch, the CEO of Fair4All Finance; and Sir Nigel Wilson, chief executive at L&G. All are independent experts in their field. We welcome the challenge and expert advice that the council provides and have been clear that we want it to provide us with candid views and challenging recommendations for how the Government are delivering levelling-up policy.
Lord Scriven (LD)
The noble Baroness read out a list of eminent people and said that their voice is important. If that is the case, why cannot their assessment and report be in the Bill, as the amendment seeks, and part of the Government’s independent assessment of geographical disparity? Under the present Bill, there is only the Minister’s assessment of whether the missions are narrowing geographical disparity. If these people are so eminent and important, why cannot that be part of the report to both Houses of Parliament?
Baroness Scott of Bybrook (Con)
No one has said that those views cannot be taken when the missions are scrutinised by both Houses of Parliament. However, we will not put it in the Bill, as in our opinion that would not be appropriate.
Amendment 58, tabled by the noble Baroness, Lady Hayman of Ullock, would change the definition of disparities in the Bill. The amendment is right to note that geographical disparities may include differences between regions, counties, councils and council wards. However, in the course of our work on the levelling-up White Paper, it has become clear that the appropriate unit of comparison will vary depending on the mission or policy area.
To help us tailor analysis and policy to the UK’s complex economic geography, timely and robust spatial data have been made a foundational pillar of the new policy regime for levelling up. More granular spatial data is crucial to ensure that policy fully recognises the different characteristics, opportunities and challenges of different places—including, as we heard from the noble Lord, Lord Foster, on two occasions now, rural and urban areas.
Baroness Hayman of Ullock (Lab)
That is really important but I should like clarification on who is collecting the data, how it is analysed and what the timescales are. That would be really helpful.
Baroness Scott of Bybrook (Con)
There may be more questions but I am coming on to some of that.
That is why my department has established a new spatial data unit, transforming the way in which the UK Government gather, store and manipulate subnational data so that it underpins transparent and open policy-making and delivers decisions. This will include improving how we collate and report on UK Government spend and outcomes, including building strong capabilities on data visualisation and insights. Working closely with other departments, the unit will consider differences between geographical areas, such as regions, counties, councils, council wards and so on, according to the needs and objectives of specific missions or policy areas. I am more than happy to have a teach-in about this, as it is important.
Lord Stevens of Birmingham (CB)
Is the Minister willing to consider her department publishing for each local authority area the gap between the need for and availability of adult social care? That data is available already, and if the department started to publish it, it would build confidence across the House that the department would advance this agenda without the need for placing requirements in the Bill.
Baroness Scott of Bybrook (Con)
I would like to go back on that specific issue because we would need to work with the Department of Health and Social Care and get its agreement. We are quite early in the establishment of the unit in order to do that, but I will take back that issue and come back to the noble Lord.
Lord Lansley (Con)
I am sorry to interrupt my noble friend. I am coming back to a point that she raised a moment ago on the Levelling Up Advisory Council, which I mentioned on Monday but did not at that time get an answer on whether it had met, what it discussed, what it said and to whom. I now discover that on 14 February a Minister in the department wrote to Clive Betts, the Select Committee chair, to say that the council had met several times, had met Ministers and was engaging in a research programme. It was interesting, because the letter said that the council had
“engaged in discussions on levelling up policy with stakeholders externally, including members attending an event with Carsten Schneider … Minister of State for East Germany and Equivalent Living Conditions, hosted by the German Embassy”.
Might the council engage at all with Parliament? We are told that the council has been around for a year, but I have had no engagement—no one from the council has come anywhere near me to suggest that it might talk to us about the levelling-up missions.
Baroness Scott of Bybrook (Con)
I do not know, but the council is already in train and working. On the fact that it has not come to Parliament, I will ask what the remit has been for the past year. It may have been a remit just to get together on some early work, but I will get an answer to my noble friend on that.
Lord Foster of Bath (LD)
I am sorry to interrupt because I know that the Minister wants to get on, but can she tell us at least whether the advisory board has expressed any view on the levelling-up Bill before us, and whether she will make that public?
Baroness Scott of Bybrook (Con)
I do not know whether it has any views on it at the moment, but I will ask that question.
Alongside this, my department has also established a new deep-dive team, to take a new place-based approach to policy-making. This is quite important. This team gets to know specific places. To date, these places have included Blackpool and Grimsby. It combines the granular data that we are beginning to put together with local knowledge, to identify a set of policy interventions to make a noticeable difference to the people living there.
The noble Baronesses, Lady Taylor of Stevenage and Lady Young of Old Scone, brought up individuals. We go down to council wards, but there are people. We are talking about people. The levelling-up White Paper is a plan for everyone. The focus is on the left-behind places, but the ultimate goal of levelling-up policies is to improve the living standards and quality of life of the people living in those places. This means that where individuals with certain protected characteristics are disproportionately affected, they will benefit from the whole levelling-up programme policies and systems change. For example, some ethnic minority groups have, on average, poorer health outcomes. They are more likely to be living in non-decent homes. By aiming to reduce these disparities across the UK and in places where they are most stark, levelling up will have a positive impact on the places and, as importantly, on the people.
There were a number of questions or comments on the levelling-up fund, which I would suggest are probably for the sixth group of amendments. However, I will answer a couple of them; they were all more or less the same views. The levelling-up fund index identifies those places in greatest need, as we have heard, of this type of investment. In this round 2, 66% of funding has gone to category 1. Those are the places of greatest need. Over rounds 1 and 2, 69% of funding has gone to category 1. I can also say that in investment per head of population, the highest investment went to Wales, followed by the north-west and then the north-east. The money is going to the right places but that is just as an aside because this will come up again in group six.
This approach, set out in the Bill, sets a clear, uncluttered and long-lasting framework for measuring the progress of levelling-up missions. I hope that this provides the noble Lord sufficient assurance to withdraw his amendment.
Lord Shipley (LD)
My Lords, I am very grateful for the Minister’s response, but the more I learn, the more worried I get. I have learned tonight that the independent assessors have met several times. I have not seen any public report about what they are doing. Parliament has a role in this. It is reasonable in the context of this Bill proceeding that more information is provided to us.
We have learned that we have a spatial data unit in the department, and that we have a deep-dive team, but what this team is doing is ill defined. I have said several times in this Chamber that you cannot run England, with its 56 million people, out of London. It is simply too much. Therefore, the question will be: what exactly is the spatial data unit doing and what exactly is the deep-dive team doing? To whom are those bodies speaking at a local level so that they are properly informed?
I was encouraged that the Minister did talk about councils and council wards. I was aiming at postcode areas, and the noble Baroness, Lady Hayman of Ullock, was aiming at councils and council wards, so at least we have some progress. There is an offer of a teach-in. A seminar, at the very least, has become fundamental. As the noble Lord, Lord Stevens, said, how about the Government starting by publishing the gaps in social care? I had not realised that those gaps have not been published, even though they are available.
There is a fundamental set of issues here about the public’s right to know. If this is a Bill which is levelling up, surely the metrics of that must be discussed by us before it gets very much further. So I repeat my suggestion that the Minister takes all the missions and metrics away, takes account of everything that noble Lords have said in this Chamber in the two days in Committee so far, and rewrites the missions and the metrics so that we can produce the outcomes that a levelling-up Bill should be producing. Having said that, I will come back to this on Report.
Baroness Scott of Bybrook (Con)
On the deep-dive teams, of course they are working with local people. I have said that this combines the granular data that we have with local knowledge, and works with local organisations, local councils and other organisations in areas to identify those interventions. Surely this is what your Lordships would want a good Government to do.
Lord Shipley (LD)
I would be very happy with that, but I did not know about, and I think that no one else in this Chamber was aware of, the deep-dive team. That raises another set of questions. Perhaps the Minister can write to us about this, explaining exactly what this deep-dive team is doing and where it is working. I have a fear that we are going to see the regional directors for levelling up appointed at some point. There has been mention of having regional directors. Can you imagine in a country of 56 million people having regional directors for levelling up? It is an absurdity as a concept. I hope that the Minister is willing to tell us that this will not be actioned. That was reported in the i newspaper about 10 days ago. However, somebody has decided where the deep dives are taking place. It may well be that all kinds of bodies are being talked to, but this information needs to be more publicly shared. With that, I beg leave to withdraw my amendment.
Baroness Pinnock (LD)
My Lords, the noble Baroness, Lady Taylor of Stevenage, has raised some significant points in her amendments in this group. The first is to include in the Bill the engagement of local authorities in reporting on levelling up in their areas. My noble friend Lord Shipley said in our debate on the previous group how there has been an obsession in government, from Governments across the decades, with ruling England from Westminster and Whitehall down to minute areas of decision-making. Certainly on this side of the House, we believe that local people and their locally and democratically elected representatives are best placed in this context to determine what areas within their council boundaries would best benefit from the levelling-up missions and funding. They would also be able to report on them because they have a depth of understanding and data that would help to make clear what progress has or has not been made.
That is a point well made, as is the point that the National Planning Policy Framework, which is currently in review, will relate to many of the missions in the Bill. Are we going to build new homes that are car-reliant or will we ensure that they can access public transport? Are we going to make them safe places in a safe environment for housing? Is there going to be in the framework allocation of land so that businesses are in appropriate places and are accessible for people who want jobs? All of that means that that is a very important point well made. No doubt it will be pursued at later stages of the Bill.
Earl Howe (Con)
My Lords, this group of amendments tabled by the noble Baroness, Lady Taylor of Stevenage, looks at the role of local government and the National Planning Policy Framework in delivering levelling up.
First, Amendment 39 would mean that county councils, unitary authorities and combined county authorities would publish annual reports on the delivery of levelling-up missions. I hardly need to re-emphasise that local authorities and local leaders have a crucial role to play in levelling up places across the UK. Empowering local leaders, including through agreeing devolution deals and simplifying the funding landscape, is a cornerstone of the levelling-up agenda.
This principle of empowerment is absolutely critical. Noble Lords have tended to criticise the Government for any suggestion of the centre telling local authorities what to do; writing this amendment into the Bill might appear to do just that. Having said that, many organisations outside central government, including All-Party Parliamentary Groups, academics, business bodies, think tanks and local organisations, have been debating and scrutinising the levelling-up agenda and how it could be taken forward in particular areas of the country; I have no doubt that they will continue to do so. The provisions on reporting in the Bill will further enable such independent assessment and thinking but requiring local authorities to report in this way, as I think the noble Baroness herself recognised, would surely be disproportionate and unnecessary.
Amendment 55 would mean that a Minister must publish a report on the impacts of this legislation on local government and a strategy to consider how this part of the Bill will impact local authorities through future legislation. The new burdens doctrine, established and maintained by successive Governments, requires all Whitehall departments to justify why new duties, powers, targets and other bureaucratic burdens should be placed on local authorities, as well as how much such policies and initiatives will cost and where the money will come from to pay for them. It is very clear that anything which issues a new expectation on the sector should be assessed for new burdens. As the Government develop new policies to deliver against their levelling-up missions, they will fully assess the impact on local authorities and properly fund the net additional cost of all new burdens placed on them. Therefore, this provision already ensures that the Government must properly consider the impact of their policies, legislation and programmes on local government and fully fund any new burdens arising.
Amendment 54 would mean that a Minister must publish draft legislation for ensuring that the National Planning Policy Framework has regard to the levelling-up missions. Although it would not be appropriate to legislate to embed the levelling-up missions in planning policy, the levelling-up missions are nevertheless government policy. Planning policy to achieve these will be a relevant consideration when developing local plans and determining planning applications.
The department is currently consulting on updating the National Planning Policy Framework. The consultation document was published in December 2022 and the consultation is due to close in March 2023. It sets out a number of areas where changes to national planning policy might be made to reflect the ambitious agenda set out in the levelling up White Paper, and invites ideas for planning policies which respondents think could be included in a new framework to help achieve the 12 levelling-up missions in the levelling up White Paper. The department will respond to this consultation by the spring of 2023 so that policy changes can take effect as soon as possible.
In summary, I suggest that these amendments, though well intended, are unnecessary. I hope that the noble Baroness will feel able to withdraw her Amendment 39 and not move Amendments 54 and 55.
Baroness Taylor of Stevenage (Lab)
My Lords, I am very grateful to the noble Earl for his thoughtful response. On the first amendment, Amendment 39, I explained that I thought that perhaps the wording was a little confusing. I did not intend to impose a burdensome doctrine on my colleagues in local government; I do not think that they would have forgiven me if I had done that—I want to walk out of here unscathed. I think that is really important. However, it is important that local government understands what its role is going to be in measuring and monitoring the success or otherwise of the levelling-up missions. I will withdraw my amendment, but I hope that Ministers will consider how local government is going to take part in that essential exercise of determining whether the levelling-up missions have been successful and, just as government departments are going to have to pull that together, how local government will be required to do so.
In relation to the second amendment, Amendment 54, I understand that the National Planning Policy Framework is being revised at the moment. I hope that it will be revised with the levelling-up missions embedded in it, because that will help clarify matters for local government. When we get legislation coming forward without the documents to support it, it is difficult to say whether that is going to happen. I hope we will get the opportunity to have good scrutiny of the National Planning Policy Framework when it comes forward so that we can make our decision at the time about whether it actually works in terms of having a countrywide set of levelling-up missions.
On the last of my amendments, Amendment 55, it is always good to hear that financial aspects are being taken into account. I understand all about the new burdens funding—which, I have to say, sometimes works and sometimes does not in practice—but that was not exactly the point that I was making. I was referring to how local government contributes to those missions. We have the Levelling Up Advisory Council, which I presume is going to draw together the work of different departments and how they contribute. My point was about how we make that assessment as legislation is issued and how that legislation contributes to the missions. If this is to be the biggest change we are going to have across local government, then surely it is important that any legislation coming forward talks about the contribution that it is going to make. Of course, it will need funding, and I would welcome new burdens funding for new challenges that it brings with it, but we also need to understand how it works in terms of new legislation that will come forward. I am grateful to the noble Earl for his response.
Earl Howe (Con)
My Lords, as we have heard loud and clear from the noble Lord, Lord Kennedy, in his introduction to this group, Amendments 42 and 43 relate to leasehold reform in the context of the levelling- up housing mission. They provide me with a good opportunity to bring the Committee up to date on the Government’s plans for reform in this policy area, and the action that we are taking now. However, I should first declare my interest as set out in the register as the beneficial owner of a freehold property that is subject to a long lease.
At the end of January, my right honourable friend the Secretary of State for Levelling Up set out his intention in Parliament to bring, as he put it, the “outdated and feudal” leasehold system to an end. The Government wish to extend the benefits of freehold ownership to more home owners, and that is why we have committed to end the sale of new leasehold houses and to reinvigorate commonhold so that it can finally be a genuine alternative to leasehold. It is why we have limited the charging of ground rent, as my noble friend mentioned, in most new residential leases, which takes away the incentive to build leasehold. It is why we will make it easier for leaseholders to purchase the freehold of their building and take control of their building management by enhancing enfranchisement and the right to manage.
Leasehold and commonhold reform will support the mission to level up home ownership and promote true home ownership for all by fundamentally correcting the power imbalance at the heart of the leasehold system and putting the power into the rightful hands of home owners. The Government’s reform package is advancing this agenda by building on the Leasehold Reform (Ground Rent) Act, which aims to make home ownership fairer and more transparent for thousands of future leaseholders by preventing landlords under new residential long leases requiring a leaseholder to pay a financial ground rent.
Furthermore, thousands of existing leaseholders have already seen a reduction in their inflated ground rent costs as part of the ongoing Competition and Markets Authority investigation into potential mis-selling and unfair terms in the leasehold sector. The Government are encouraging developers of all sizes to come to the negotiating table if they have not already.
The noble Lord, Lord Thurlow, referred to insurance. There are several issues around insurance, as I am sure he is aware. One of them is that leaseholders are often unable to gain visibility of the costs that make up their premiums, and nor do they have useful routes to challenge these. We will act by arming leaseholders with more information and will ensure that leaseholders are not subject to unjustified legal costs and can claim their legal costs back from their landlord.
The Government are committed to delivering the second phase of their major two-part leasehold reform within this Parliament. I am afraid the noble Lord, Lord Kennedy, will have to wait for the detail of the Bill but, as he has pressed me on the question of reform or abolition, I can do no better than refer him again to my right honourable friend’s words. He made clear his intention to bring the system of leasehold to an end.
As part of these reforms, the Government remain committed to better protecting and empowering leaseholders, first, by giving them more information on what their costs cover, as I have alluded to, and, secondly, by ensuring they are not subject to any unjustified legal costs and can claim their own legal costs from their landlord.
My noble friend Lord Young of Cookham sought to press me on pre-legislative scrutiny. At this stage I can simply say that the Government welcome the work and engagement of noble Lords and other parliamentarians to date on leasehold and commonhold reform. We will of course consider how best to involve Peers, Select Committees, Members of Parliament and wider stakeholders in the development of any future legislation.
Lord Young of Cookham (Con)
Would the best way to achieve the ambition my noble friend has just set out not be to publish the draft Bill?
Earl Howe (Con)
My Lords, we fully understand the desire for urgency in this area. The Minister, my noble friend Lady Scott, has made this clear at this Dispatch Box previously. As I hope my noble friend Lord Young knows, her department is working very hard indeed on this policy area.
Lord Kennedy of Southwark (Lab Co-op)
Can the noble Earl confirm whether there is a draft Bill? That would be useful. Can he also maybe give us a bit more on the definition of “urgent”?
Earl Howe (Con)
I do not think I can add to what I have already said. I shall endeavour to ascertain the state of play on the drafting of the Bill. I will gladly tell the noble Lord if there is any further information on that, but I do not have it to hand.
Given the extent of government action on these priorities set out elsewhere in policy, and the approach I have outlined to setting a clear, systematic and long- lasting framework for levelling-up missions, I hope that for now this provides the noble Lord, Lord Kennedy, with sufficient assurance to enable him to withdraw Amendment 42.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I thank everyone who has spoken in this debate. I also —I should have done this when I spoke originally—thank the noble Lord, Lord Young of Cookham, the noble Baroness, Lady Fox of Buckley, and the right reverend Prelate the Bishop of St Albans for signing my Amendment 42. I am very appreciative.
In his excellent speech, the noble Lord, Lord Young of Cookham, highlighted the problems of the opaqueness of the Government’s actions. It is all still a bit grey, and that is an issue. He also raised a very important point. We do not know whether the Bill is there yet, but apparently there is something there. If it appears in the King’s Speech, the other risk is that it will be the last Session of this Parliament and we all know that things drop off at the end and do not happen. The noble Lord made that point well, and the Government should take note of it. We would not want to get a Bill but then see it disappear because, “Sorry, we’re now going to the general election and we’ll have to come back to it afterwards”. That would not be a good place to be at all.
The noble Baroness, Lady Fox of Buckley, made the point that many leaseholders were first-time buyers and often live in areas where the Government want to level up. In this levelling-up Bill we would hope to do something for those people and help them level up. In the worst cases, people are treated appallingly by rogue managing agents and rogue freeholders. There was a very good article in the Financial Times recently. There is a huge insurance scandal coming down the track with what has been going on with managing agents and leaseholders. It is absolutely outrageous; they are just ripping people off.
I thank the noble Lord, Lord Greenhalgh, for his support and welcome him to the cause. It is good to have him on board. If we ever meet in future, we will make sure we invite him. I was delighted to learn that he is now a vice-president of the Local Government Association. I should probably declare that I am as well. I look forward to us working hand in hand on this in the coming weeks and months.
I thank the noble Lord, Lord Thurlow, for his support on this. These are probing amendments, but it is important that we air these issues here and ensure that we get the Government to be absolutely clear where they are. I thank the noble Baroness, Lady Pinnock, for her support as well—it is much appreciated—and my noble friend Lady Hayman.
I thank the noble Earl for his response, but I was hoping for a bit more. I have been in this House for nearly 13 years and have always been very impressed by him, so I was hoping for a little more. Maybe we will come back to this again.
I am still not quite clear where we are on reform or abolition. What we are going to do here is still a little vague. Maybe that is why we are not yet getting the draft Bill that may or may not be produced. At the moment, some leasehold campaigners think the Government are going to abolish leasehold and are saying, “What a wonderful thing to do; it’s really great news that the Government are going to do this”. Another group thinks the Government are going to reform it. They are not doing both, clearly, and they are not being clear about what they are going to do. They are going to disappoint quite a lot of people before the next election, and I think they should reflect carefully on that. They need to be much clearer what their intention is. As the noble Lord, Lord Young of Cookham, said, if they have the draft Bill, they should just publish it and help everybody.
I will leave it there. I beg leave to withdraw my amendment.
Wednesday 22nd February 2023
(1 year, 10 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-II(a) Amendment for Committee (Supplementary to the Second Marshalled List) - (21 Feb 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Hayman of Ullock (Lab)
My Lords, I start by thanking the noble Lord, Lord Holmes, for tabling this amendment. It is really interesting, and I was very interested in what he had to say about the possibilities this opens up. It is important to encourage the Government to consider how automation and robots can help, not hamper, the levelling-up agenda, and how they can be part of making a difference. Automation and robotics can bring enormous possibilities to improve Britain’s productivity and boost the national economy. This is clearly a really important part of what underpins the White Paper and its objectives, but it will be realised only if the Government can actually harness that potential.
There have been ad hoc announcements relating to robotics. For example, Defra has promised new funding for agriculture and horticulture automation and robotics. However, what we do not have is an overarching strategy to ensure that the benefits of this kind of technological development can be felt equally across the board, and there are so many different areas that noble Lords referred to where this can be used.
Similarly, it seems that there is no concerted effort to negate the harmful effects of automation on the future of work. Workers are rightly concerned when they hear about automation coming into the businesses and factories in which they work. That is partly because, for too long, many workers have been at the wrong end of automation and have suffered as a result of their labour being casualised. It is really important that this be addressed, so I would be interested to hear if the Minister has an update on steps following the 2022 Future of Work review. If the Minister commented on how that could take forward robotics and automation in the workforce, that would be very helpful.
Having said that, our ambition for automation and robotics should extend far beyond just negating any negative impacts. The Government should be considering how they can make the UK a destination of choice for investment in these emerging technologies. It was interesting to hear the noble Lord, Lord Holmes, say that we are in a really low position in this regard. I was quite surprised by that, because I have always thought of us as an inventive country and society. There is ground to be made up here, and it seems that, unfortunately, a lack of skills is presenting a common barrier. As announced, the Labour Party believes that a “Skills England” body should be set up to address the current skills shortages. There should be a national effort to upskill Britain, which would allow us to meet the future challenges of automation and other emerging trends in our economy. Will the Government consider whether replacing the Unit for Future Skills would allow automation and robotics to better support the levelling-up agenda?
Finally, any prosperity that results from emerging technologies in the UK needs to be distributed a long way beyond just the south-east of England, which, unfortunately, is where it is mainly focused at the moment. As part of the levelling-up agenda, it is important that these emerging technologies, skills training and where businesses are deciding to invest are properly monitored, and that local authorities become part of that. The noble Baroness spoke earlier about the importance of working with local authorities on other parts of the levelling-up agenda. Engaging with local authorities on future opportunities to invest in automation and robotics will be really important if we are to spread the benefit and make the most of automation and robotics for the future of our economy.
Earl Howe (Con)
My Lords, Amendment 43A, in the name of my noble friend Lord Holmes of Richmond, would oblige the Government to publish a report that considers establishing a taskforce to help increase effective use of robotics and automation and consider the impact on regional disparities. I am grateful to my noble friend for bringing us to this important set of issues, which have major implications for the levelling-up agenda.
It is perfectly true that the UK lags behind the global average when it comes to adopting robotics technology, and this is holding back UK manufacturing productivity. There are, of course, shining exceptions to that general statement. The nuclear fusion cluster around Culham in Oxfordshire has been described as the UK’s Silicon Valley for nuclear fusion robotics and will play a key role in maintaining fusion power plants. The UK Atomic Energy Authority’s RACE programme is at the forefront of developing robotic technology. Nevertheless, we are ranked the lowest in the G7 for robot density and 24th globally.
What are the barriers to adoption? The noble Baroness, Lady Hayman, put her finger on one of the main ones, which is technical skills. We lack those technical skills. However, apart from skills, there are three others that I am afraid have held us back: leadership and management skills, access to finance, and investment appetite.
I am in full agreement with my noble friend in wanting more manufacturers to adopt technology that will improve productivity and stimulate growth, such as robotics and automation, and we have programmes that support them to do this. This includes the Made Smarter programme, which has committed almost £200 million in funding to manufacturers—large, small and medium enterprises—to develop new technology solutions and adopt existing tech, including robotics and autonomous systems.
The £24 million Made Smarter adoption programme is available to manufacturing small and medium enterprises in the north-west, the north-east, Yorkshire and the Humber, and the east Midlands and West Midlands regions. The programme provides expert advice, grant funding and leadership training to SMEs to help them adopt robotics, automation and autonomous systems, as well as other industrial digital technologies that can improve productivity and growth.
We are also considering what further to do in this field. We convene a Robotics Growth Partnership, chaired by Professor David Lane and Paul Clarke, which works with robotics and autonomous systems sector leaders across academia and industry to put the UK at the cutting edge of the smart robotics revolution ambition, turbocharging—as we would like to call it—economic productivity and unlocking benefits across society. Last year the Robotics Growth Partnership published a vision for cyber physical infrastructure, and the Government will shortly publish their consultation response on that subject.
The levelling-up mission on R&D, designed to increase the amount of R&D funding outside the greater south-east, and accompanying initiatives such as innovation accelerators, will help to provide additional support to areas with existing expertise in robotics such as the Glasgow City region. The Derry/Londonderry and Strabane region city deal will also see investment in the region’s Centre for Industrial Digitalisation, Robotics and Automation. The Levelling Up Advisory Council has also committed to exploring how to improve the uptake of productivity-enhancing technologies by businesses as part of its work considering regional adoption and diffusion.
I hope that my noble friend will find what I have said a source of some good cheer. The Government are well aware of how important this agenda is, and while at the moment a task force is not thought necessary, should the Government find it desirable to establish a task force in future, it would not be necessary to legislate to establish one. I therefore hope that my noble friend will feel sufficiently reassured to withdraw his amendment.
Lord Holmes of Richmond (Con)
My Lords, I thank in particular the noble Baroness, Lady Hayman, for her comments; I agree entirely with her comments on skills. If we are to gain all the advantages of the new technologies—the fourth industrial revolution—it will be this combination of skills, the right immigration policy and robotics, and all the new technologies that are at our fingertips right now. I thank in particular my noble friend the Minister for a very full, thorough, detailed and positive answer. I am certainly aware of the initiatives that he has set out and it is excellent to have them all now on the record.
We need, however, a target—something to aim at —because we should be on the podium when it comes to this. Currently, we are not even in the B final. So we may want to return to this in some form on Report and certainly see whether something can be done to tie this very clearly to the overall levelling-up mission that I know that we are all so fully committed to. For now, I beg leave to withdraw the amendment.
Baroness Scott of Bybrook (Con)
My Lords, this group of amendments is related to the levelling-up fund, which directly supports the mission set out in the White Paper through investment in the infrastructure that improves the everyday lives of local residents across the country, focusing on regenerating town centres and high streets, upgrading local transport and investing in culture and heritage assets. The second round of the levelling-up fund announced by the Government will invest £2.1 billion in 111 local infrastructure projects across the UK, helping to create jobs and spread opportunity right across the country, from the higher education skills campus in Blackpool to the ferry infrastructure in Shetland.
Amendment 50 in the name of the noble Baroness, Lady Taylor of Stevenage, would require government to explain how allocations from the levelling-up fund support the levelling-up missions. I will not speak about Amendment 56 in the name of the noble Lord, Lord Berkeley, as he is not here; we will wait for that to come later. Amendment 57 in the names of the noble Baronesses, Lady Valentine and Lady Hayman of Ullock, and the noble Lord, Lord Stunell, would require government to follow set distribution criteria when allocating levelling-up funding and publish a statement explaining how funding allocations meet these criteria.
Baroness Valentine (CB)
Can I clarify my involvement with the various areas I have been talking about? I work some of the time with Business in the Community to persuade businesses to get involved in levelling up in all sorts of places across the country, including Blackpool, Bradford, Rochdale, Sheffield and many other places.
Baroness Scott of Bybrook (Con)
I thank the noble Baroness for that and for the work she is doing in encouraging the private sector to get involved.
Baroness Pinnock (LD)
We have had a bit of a discussion about priority areas 1, 2 and 3. I would be grateful if the Minister could write and let us know what criteria the Government use to categorise areas and how, between the first and second round, some moved into category 1. I do not know whether any moved down. It would be useful to have that information.
Baroness Scott of Bybrook (Con)
I will be very happy to provide that information.
Baroness Taylor of Stevenage (Lab)
I thank noble Lords for the debate on the levelling-up fund. It is a key issue to discuss as we go into the Bill because, clearly, none of the levelling-up project will happen without proper funding, and most of us in local government certainly feel that the levelling-up fund has not been the way to do it.
I want to start with the issue of categories 1, 2 and 3. Those categories deterred some authorities from applying because people felt that, if they were in a higher-banded category, they would not have any chance of getting any funding. It was very disappointing when they did not bid because they thought they were not going to get any and then found that others in the same category, and some in higher categories, were allocated funding. So I support the request from the noble Baroness, Lady Pinnock, for some explanation of how that banding works.
My second point is about how the Treasury is feeling about round 3. I am not clear on what the Treasury has done in terms of the levelling-up fund: whether it has stopped round 3 for the time being, whether it has delayed it or what it is doing with it. It would be interesting to know how that is going to happen going forward.
The Minister mentioned match funding, and I am sure that she is as aware as I am that the various places that it used to come from are scarce and in very short supply these days. So match funding can also deter people from bidding for things. I know that it is not compulsory to have it, but, if you think you will not achieve your bid without it, it may deter people from bidding in the first place. It seems almost certain that the areas that need match funding the most are the least likely to have access to it, so it goes against the principles of levelling up.
I was pleased to hear the Minister talk about the recognition of the need to address the complexities in the funding landscape, which is vital. Moving forward, as the delivery of the missions gets more complex, we absolutely need to be clear about a straightforward mechanism for funding.
I was pleased to hear the speech of the noble Baroness, Lady Valentine, which was helpful. I am grateful for the work that Business in the Community does across the country in helping to move the levelling-up agenda forward. I was impressed and pleased that she mentioned the issue around capital funding and having revenue funding to support it. Too often, funding pots are allocated and things are built and delivered—because that is what ticks the box for the department concerned—but the ongoing revenue for that project is not considered and ends up being a local burden that can, in some instances, result in the original project never being delivered properly, because there is not the revenue to deliver it. So I hope that future funding pots will take that into consideration.
I was shocked about the Blackpool project being funded but then going into a period in which it is not. You cannot stand these projects up and down at very short notice: they take a lot of planning, and the disappointment for young people engaged in something when the tap is turned off and that project stops is almost worse than doing nothing at all, because it adds to their feelings of having things taken away from them.
On the short timescales and short delivery times, if levelling up is going to work properly, it must work with a great spirit of co-operation and collaboration between those tasked with delivering it—there may be more than one public agency doing that. Having these very short bidding times and delivery times in some instances is not at all helpful, and I hope that that can be taken into consideration.
We heard information about the town deals and the towns fund. I have been quite close to one of them, and, although there is an equal lack of transparency in allocation, there was very serious scrutiny of what the outcomes would be before the bidding and allocation. That is something that we should look to for the future.
I was pleased to hear the remarks of the noble Lord, Lord Stunell, about the serious lack of credibility in the scheme. I talk to my colleagues in local government all the time, and there is no doubt in my mind that there has been a great loss of credibility in the scheme. The Minister referred to a feedback process; it may be that that has got going fairly recently, because the second-round funding has only recently been announced. But those who were involved at the time certainly felt that they had not had an adequate opportunity to receive any feedback. Of course, they want to learn because, if there will be multiple rounds of this, people want to know what they did wrong and, equally, the ones who got it right want to know what they did right.
The noble Baroness, Lady Pinnock, referred to the reason we have been pressing so hard on these definitions of geography, missions and metrics, and how they will be used: because of how they will be used to determine funding. Even if funding for levelling up were to be considered for a completely different model—such as one much more like the sort of model I would like to see, which is local government being given the funding and being allowed to get on with it—surely we must have a method which determines how funding follows need, rather than just whoever puts in the shiniest bid at the time.
Monday 27th February 2023
(1 year, 9 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-III(b) Amendments for Committee (Supplementary to the Third Marshalled List) - (27 Feb 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Lord Scriven (LD)
My Lords, I rise to speak to Amendments 51 and 52 in the name of the noble Baroness, Lady Taylor of Stevenage. As the noble Baroness, Lady Hayman of Ullock, just pointed out, these amendments relate to consultant spend by councils and regional director spends, and their roles in the Government’s levelling-up agenda.
Amendment 51 is important, as the noble Baroness just pointed out. A freedom of information request showed that in the 245 upper and lower-tier councils, £26.9 million has been spent on levelling-up bids. That is £26.9 million taken away from social care, housing, cleaning, street cleaning and bin collection at a time when councils are finding things particularly difficult. Of that money, the vast majority went to external consultants. Does the Minister think it right that £26.9 million should be used on a lottery process pitting town against town and city against city to bid for levelling-up funds, only for the Government to move the goalposts at the last second by changing the criteria against which councils are bidding, which means not only that this money could have been spent on other services but that it has been wasted?
On Amendment 52, I wish to start with a general point, and here I do not necessarily share the sentiments of the noble Baroness, Lady Hayman of Ullock. The concept of 12 regional directors controlled out of Whitehall somehow being the panacea for devolution is ludicrous. Let us be clear: what this will turn out to be is a system of crude decentralisation. Those of us who have been around for quite a while in local government know that when we had something similar in the past, the regional directors of the department dispersed to work with local area partnership boards came with “We are here to help and support you” as their mantra. However, they were used as government enforcers and the eyes and ears of government, going back to the department and saying which areas were in the good books and who should be put on the naughty step because they were not carrying out the Government’s agenda.
Reports back from such regional directors decided who got money and what sticks or carrots were deployed. I know that the noble Earl will pour out soothing words from the Dispatch Box, saying that is not the role, but history shows that it is. Look at the job advert issued in November 2022—it kind of gives the game away. It says that they will report progress to the newly established committee for levelling-up, which is exactly the same as the previous directors in the department did.
We are now told that these regional directors are on hold, but that they could be answerable and accountable to the mayors. Let us take Yorkshire as a region, as these are regional directors. We could have four mayors in Yorkshire with different agendas and from different political persuasions. To which mayor will the regional director be accountable—one of them or all of them? It is clear that these roles have not been thought through from a regional perspective but from an office in Whitehall, with a very Londoncentric view of how they can be used as government enforcers.
Talking of Yorkshire, we are a little perplexed—not that we are from Yorkshire, but perhaps the Minister can help with this. Civil Service World on 17 February had an interesting headline, stating that the department
“hires former … No. 10 official as levelling-up director.”
Ed Whiting, David Cameron’s former deputy private secretary has been hired, and he very helpfully tweeted that he has been recruited to the role of levelling-up director in the north, based in and working out of Leeds:
“I’ll be based in Leeds, hoping to be travelling round North”,
working with local councils and others on innovation. He also expects to travel to London often too—ah, yes, that newly established Cabinet committee for levelling-up has to be informed. He goes on, quite incredibly—he has been hired on a six-figure salary—to say that “details” of the new role are “tbc”.
We are perplexed, Minister, and some clarification would be helpful. Is Mr Whiting a regional director for levelling up and, if not, what is his role and how does it fit with the regional directors? When was he recruited, where was the job advert and who sat on the recruitment panel? Why have local authorities in the north not been informed officially who he is and how he is there to help them? Why has someone been recruited on a six-figure salary when their role is still to be confirmed?
That is why Amendment 52 is important. We need transparency and clarity on who the department is using in the regions and what roles they have, to ensure the Government do not establish an expensive decentralized bureaucracy, costing the taxpayers millions, trying to enforce their agenda in local areas.
Earl Howe (Con)
My Lords, as we have heard, this group of amendments is related to consultants and the Government’s appointment of levelling-up directors. Specifically, Amendment 51, in the name of Baroness Taylor of Stevenage, would require the Government to publish an estimate of how much local authorities have spent on consultants in relation to Part 1 of the Bill. I fear that requiring local authorities to report in this way would be disproportionate and unnecessary, but let me explain why.
The new burdens doctrine, established and maintained by successive Governments, requires all Whitehall departments to justify why new duties, powers, targets and other bureaucratic burdens should be placed on local authorities, as well as how much these policies and initiatives will cost and where the money will come from to pay for them. This provision already ensures that the Government must properly consider the impact of their policies, legislation and programmes on local government and fully fund any new burdens arising.
Further, local authorities are already bound by the Local Government Transparency Code, which mandates local authorities to publish data on all expenditure over £500 in open and accessible formats. I will come back to that point in a second, but I have a great deal of sympathy with the points made by the noble Baroness about expenditure by central government on consultants.
Baroness Hayman of Ullock (Lab)
Will the Minister clarify something? When he says that the Government fully fund any new burdens, does that mean that the Government are reimbursing local authorities for the cost of creating their bids?
Earl Howe (Con)
It would depend on the circumstances. It would depend on whether the expenditure on consultants was classified as a truly new burden or not, and that is an arcane science on which I do not pretend to be expert. Perhaps I may provide the noble Baroness with clarification in writing on that point, because I recognise that it is of relevance.
As I was saying, I have a great deal of sympathy with the noble Baroness’s points on expenditure by central government on consultants. As a matter of principle, I think all Secretaries of State across government would agree that they should impose a self-denying ordinance on their departments where skills can be developed in-house. Where that can happen, it should. The problem is, I suggest, twofold. First, the skills needed are very often highly specialised; secondly, if one looks across government as a whole, it is very difficult to make general statements about the needs of individual departments. However, I think the noble Baroness and I are aligned in our antipathy to expenditure that may turn out to be unnecessary—certainly expenditure that turns out to be wasteful. No department wants to go down that road.
On expenditure, transparency, as so often, is key. I note the comments of the noble Lord, Lord Scriven, about consultancy expenditure by local authorities in preparing their bids. I would just say to him that the decision by some local authorities to appoint consultants in their bidding process was a decision for them, and such decisions will doubtless have reflected in part the point that I just made: that the necessary skills are not always on tap locally. I think that is all I can say about that, but I will write on his questions about Mr Whiting, as I do not have the necessary briefing on that in front of me.
Lord Scriven (LD)
I want to ask a specific question, which I think the noble Baroness, Lady Hayman of Ullock, also asked. Has any regional director been appointed? That is the key question, particularly about Mr Whiting.
Earl Howe (Con)
I am coming to Amendment 52 in a second. It might be helpful if I added a few comments about local government funding more generally, because we recognise that the sheer number of different funds has become onerous for some councils to navigate and deliver. We have taken initial steps to address this complexity in the funding landscape. For example, the levelling-up fund provides cross-departmental capital investment in local infrastructure, and the UK shared prosperity fund provides resource-focused investment to support people, boost pride in place and strengthen communities. However, the levelling-up White Paper made it clear that we can do more, and we will set out a plan on funding simplification shortly.
Lord Berkeley (Lab)
My Lords, I have listened to this debate very carefully. The noble Lord, Lord Scriven, talked about Yorkshire, which he clearly knows well. Apparently, this new director will be based in Leeds. Several times “the north” was referred to—but does “the north” include west of the Pennines or is that a different area? What is the geographical boundary of these things, or is it still fluctuating?
Earl Howe (Con)
It is open for decision. We want to see local areas taking the initiative themselves. Where there is a functioning economic hub, for example, or a whole county, they may wish to apply for CCA status, but it is up to them to make those decisions. One can talk in general terms of “the north”, but until we know that the appetite is in those northern areas for taking advantage of the opportunities that we are trying to create, I cannot be more specific.
Lord Scriven (LD)
For clarity, the issue with Mr Whiting, to whom I referred, is that, as the Minister helpfully said, no regional director has been appointed so far. However, Mr Whiting describes himself as a regional director for the north and not for a particular region. Therefore, it is important that, when the Minister writes to me, he clarifies exactly what Mr Whiting’s role is and how it fits with the regional directors.
Earl Howe (Con)
My Lords, this group of amendments relates to the area of a combined county authority, the new type of local government institution being provided for in Part 2 of this Bill. Provisions in this part support the delivery of the local leadership mission of the levelling-up White Paper, to enable by
“2030, every part of England that wants one”
to
“ have a devolution deal with powers at or approaching the highest level of devolution and a simplified, long-term funding settlement.
Baroness Pinnock (LD)
I am sorry to interrupt so early in the Minister’s response, but could he define more clearly what the “highest level of devolution” actually means?
Earl Howe (Con)
If the noble Baroness will bear with me, I shall do my best on that.
Noble Lords will be aware that 10 combined authorities have been established since 2011 in our city regions. However, we recognise that such authorities might not be so appropriate for non-metropolitan areas. The new model of combined county authorities is more appropriate for non-metropolitan areas, many of which have two-tier local government. It enables the establishment of a single institution covering a functional economic area, or whole county geography, which would be a suitable institution to provide effective leadership over an appropriate geography to qualify for a devolution deal.
I take on board the comments of the noble Baroness, Lady Taylor, about local government funding, but it might be helpful if I added a little to the information I gave the Committee in the last group of amendments. Our intention is to set out a plan for streamlining the funding landscape, as I mentioned, to provide greater flexibility for local authorities and make it easier to navigate opportunities for growth. This will include streamlining local growth funds, reducing inefficiency and bureaucracy and giving local government the flexibility it needs to deliver for local economies. As part of this work, we expect that there will be fewer small competitions. Where competitive funds do exist, we will look to streamline bidding and support greater alignment between revenue and capital sources. We will also consider the monitoring and evaluation requirements to ensure that places have robust, proportionate, ongoing monitoring and evaluation plans for the impact and delivery of investments and spending.
Amendment 60, tabled by the noble Baroness, Lady Taylor, seeks to allow part of a two-tier county council area to be included in a combined county authority, rather than the whole county council area. This would not be consistent with the policy we set out in the White Paper, whereby we will devolve to an institution covering a whole county geography or functional economic area. I will come on in a moment to the rationale for that model. In a combined county authority, such as the intended East Midlands CCA, the upper-tier councils within the area covered by a combined county authority are the constituent members of the CCA. There is no upper-tier council that covers part of a two-tier county council’s area; the only upper tier council is that two-tier county council, whose area covers a wider geography. As such, as the two-tier county council will be the constituent member of the combined county authority, the whole area that the council covers must be part of CCA’s area.
Moreover, allowing part of a two-tier county council’s area to be part of a combined county authority would not be consistent with the levelling-up White Paper’s principle of devolution being to institutions covering functional economic areas or whole county geographies, over which a number of functions should be exercised for maximum effect. Splitting the responsibility for such functions could also lead to discrepancies—
Baroness Pinnock (LD)
Can the Minister explain, then, where the geographies of a county area do not coincide with the geographies of an economic or travel-to-work area? Often, they do not. What I have heard is that you can either have a functioning geography of a county and its two tiers, or the alternative, but not a mixture of the two.
Baroness Taylor of Stevenage (Lab)
May I add to what my noble colleagues have said? This goes to the heart of this amendment. We struggle to say how you can have a county with more than one functioning economic area included in that county. To take my county as an example, the south of the county largely relates to London, because some of the boroughs almost are London boroughs, whereas the north of the county relates much more to Cambridge and Bedfordshire. There are definitely two distinct, functioning economic areas within one shire county. The shire counties go back centuries: their economic geographies have changed very considerably since then. If you take the economic geography of my noble friend Lady Hayman’s area, people in Cumbria may even relate to an economic area that includes parts of Scotland. This is not a simple picture around the country.
Earl Howe (Con)
Some extremely sensible and logical points have just been made. Perhaps I could address them by pointing out the contrast to what we have seen up to now. Devolution deals, up to now, have typically been put in place in city regions, where they cover the functional geographies in which people travel, commute, work and live.
The Government absolutely recognise that functional economic geographies are far less clear-cut in rural and semi-urban areas, and that the strategic scale and cultural and political resonance of county identities can act as a useful proxy. One can work only on the basis of best endeavours when trying to decide what a sensible area looks like. On a best endeavours basis, deals should be agreed over a sensible geography of a functional economic area, with a single institution in place across that geographic footprint to access more powers. That is the aim.
Lord Scriven (LD)
I am sorry to interrupt the Minister, but he keeps talking about complexity. This is complexity of boundary, not of reality. I will give him a situation where complexity may hold back the levelling-up agenda. Let us again take the top end of the east Midlands and South Yorkshire. If both the South Yorkshire combined authority and the Derbyshire and Nottinghamshire combined authority have control of the skills money, the fact that probably about half the people from the north end of the east Midlands come up into South Yorkshire means that the skills required should be funded for jobs available in the South Yorkshire combined authority. If the Derbyshire and Nottinghamshire combined authority decides not to invest in that type of skill, the issue is that the flow of labour will not be there for South Yorkshire businesses. How does that kind of problem get solved? It is not an administrative issue but the reality of having the skills where real people and businesses travel and work together.
Earl Howe (Con)
I take the noble Lord’s point. The experience we have had with combined authorities is that local authorities’ natural tendency is to co-operate with each other. We have seen this all over the place: they do not want to operate in silos and they look outside their boundaries. Yes, there may well be cases where at the beginning there would seem not to be a particularly good fit, but that does not preclude two authorities, such as those he mentioned, getting together and finding a way through, if they possibly can, to address the mismatches of the kind he mentioned.
Amendment 99 seeks to amend Clause 23 to require a public consultation before any proposal to change the area of an existing combined county authority. We agree that those with an interest in the area should be consulted before a combined county authority is changed. As I said, we will have more to say about this in the debate on the next group of amendments.
Clauses 45 and 46 set out a requirement for a public consultation on any proposals from the local area on changes to the area of a CCA. Where a combined county authority has been established and subsequently seeks to change its boundary, Clause 23 enables the Secretary of State to make regulations for areas to achieve that. The Secretary of State may make regulations changing the area of a CCA if that is something the area consents to, the Secretary of State agrees and Parliament approves the necessary secondary legislation.
We fully recognise the crucial importance of residents in the local area having a say; that is common ground between us. That is why any CCA or local authority seeking to submit a proposal to the Secretary of State to change the area of a CCA must carry out a public consultation, as set out in Clause 45(3). This consultation must take place in the area covered by the CCA. This enables local residents, businesses and other interested parties to have a strong input into any such proposals. A summary of consultation responses is then to be submitted to the Secretary of State alongside the proposal.
Clause 46 provides an additional safeguard to ensure that there is sufficient public consultation. This enables the Secretary of State to undertake a consultation prior to making any regulations to enact these changes if they feel that there has been insufficient public involvement in their development.
We completely agree with the sentiment of Amendment 99, but I suggest that we already have provisions later in the Bill to address this; we will debate some of these in a few moments. I therefore hope that the noble Baroness feels able to withdraw Amendment 60 and not to move Amendment 99 when it is reached.
Baroness Taylor of Stevenage (Lab)
My Lords, I am pleased we tabled these probing amendments, because they have brought out some of the discussion we needed to have in these areas. I am grateful to the noble Baroness, Lady Pinnock, for her comments. She said that “combined county authority” is a misnomer, and I think she is absolutely correct.
Previous responses indicate that we could include unitaries and counties all within a two-tier area. It is not clear in the Bill what that might mean. In the example of Nottinghamshire and Derbyshire, with the overlap of economic areas and travel-to-work areas, et cetera, the geography is far more complicated than back in whatever century it was when the county shire boundaries were devised. The purpose of my amendment was to determine whether parts of a two-tier area would be required to join a CCA if it did not work for them. It is really important that we do some more probing around this and think about it more.
We did not get on to the subject of population, which I will come to in a minute. My concern with this is that we have the phrase that the Secretary of State can determine “by regulation” what a combined county authority will look like. That does not seem to me to be in the spirit of devolution in any way whatever. If it is for the Secretary of State to determine that by regulation, I would be interested to know the noble Earl’s view on how that would be conducted in relation to the partners in the local area.
I am grateful for the noble Earl’s extensive response on this, which is an indication that we are moving the debate forward somewhat. I will come back to the issue of the functional economic area. These are not neatly contained now within county council areas. We have heard a few examples of that. We need to focus on that and think about how we might amend the Bill to recognise that.
The noble Earl spoke about streamlining funding. I was grateful for those comments and I am sure they will be welcomed across local government, but when will we see the detail of how that streamlining of funding will work? If he has any more information on that, it would be helpful.
I have a lot of sympathy with what the noble Earl said about city regions. They make a lot more sense—I spent quite a lot of time with colleagues in the city region in Manchester looking at how that works. However, that does not mean that that model can be lifted and put down in areas that are very different in this country. The difficulties that we have set out underline exactly why there must be flexibility for local areas to consider for themselves what the appropriate geography might be for them.
I return to the issue of population size. In previous iterations of these bids for devolution, we were told that any bid under 600,000 population would not be considered. My county of Hertfordshire has a population of 1.2 billion—sorry, 1.2 million; I am exaggerating—which is a very different issue from a rural county that might have a population of only 300,000. That is why this is much more complicated in shire areas. Will the noble Earl comment on whether population issues will be taken into consideration in relation to the size and constitution of combined county authority areas?
Earl Howe (Con)
It may be helpful to the noble Baroness if I comment on that specific question. We expect upper tier local authorities with a population of less than 500,000 to collaborate with their neighbouring authorities to agree a sensible geography for a devolution deal. Where neighbouring local authorities wish to join a deal which has been negotiated and have the same level of ambition, we will expect other authorities to take this seriously in order to secure devolution and to avoid areas being stranded. Once again, I come back to the point I made earlier that our experience with combined authorities has shown that this kind of co-operation takes place quite readily. That is the position we have taken currently.
Baroness Taylor of Stevenage (Lab)
I am grateful to the noble Earl for his clarification. It covers one side of the picture with the smaller county areas. However, larger county areas, where the population may not lean towards a single county authority, should still be a subject for discussion.
I agree that we have several amendments relating to consultation processes and that the other amendment in this group probably sits better with those, so I am happy to postpone discussion of that until the future group. However, the principle of consultation, and recognising the importance of local areas having a say, seems to be enshrined for all the other issues around the setting up and dissolution of a CCA. If it is right for those, it must be right for a change of boundaries too. That is the point we were trying to make with Amendment 99. That said, we have had a useful discussion and I am happy to withdraw Amendment 60 at this stage.
Earl Howe (Con)
My Lords, as we have heard, this group of amendments covers preconditions for establishing, and indeed disestablishing, a combined county authority. This process is locally led and it aligns with the process for a combined authority that we have seen successfully used in many areas to date.
Amendment 61, tabled by the noble Baroness, Lady Taylor of Stevenage, seeks to insert a requirement into Clause 7 that the Secretary of State can establish a combined county authority via regulations only if they deem there to be at least 60% support from local residents in the area to be covered by the CCA. In a similar vein, Amendment 127, tabled by the noble Baroness, Lady Bennett of Manor Castle, seeks to insert a requirement into Clause 44 for there to be a referendum before the Secretary of State may make regulations to establish a combined county authority, and for this question to be approved by a majority of local government electors.
We do want to ensure that the local public, in the broadest sense, are consulted on a proposal to establish a combined county authority in their area. This desire on the Government’s part is already captured by the requirement for a consultation provided for in Clause 43. Clause 43(4) states that, prior to submitting a proposal for a combined county authority to the Secretary of State, the local authorities proposing the establishment of a CCA must undertake a public consultation on the proposal in the area that the CCA will cover.
The noble Lord, Lord Shipley, asked, perfectly reasonably, what a proper consultation would look like. One important element is that it would have to cover the waterfront, as it were, in terms of stakeholders, to get a real sense of the strength of feeling and the climate of opinion in an area, and the extent to which an authority has taken the trouble to represent the scope of that opinion and feeling in the submission it makes. Once the consultation has happened, the authorities must submit a summary of consultation responses to the Secretary of State alongside their proposal.
When deciding whether to make the regulations to establish a combined county authority for an area, one of the tests the Secretary of State must consider is whether the area’s public consultation is sufficient. That is a judgment the Secretary of State must make in the light of the information presented, but if they conclude that it has not been sufficient, Clause 44 provides that the Secretary of State must undertake a public consultation before any regulations can be made.
I noted the point made by the noble Baroness, Lady Hayman, and will take advice on why that clause is worded as it is. I suggest to her that there is nothing sinister in it—it is the way that these legal provisions have to be drafted—but the net effect is as I have described, because what we wanted to introduce was a safety net, as it were, of a further Secretary of State-initiated consultation if that was deemed necessary. I hope the fact that we have done that demonstrates the importance which the Government attach to the consultation process.
We believe that the existing clauses provide for sufficient local consultation. I hope the way I have outlined the provisions and what we intend them to do in practice has persuaded the noble Baroness, Lady Bennett, that a referendum would be unreasonably burdensome. What we want, above all, is transparency of local opinion and that I hope we will get.
Baroness Bennett of Manor Castle (GP)
Many examples are flashing through my head, but I am thinking about one particular local government consultation that I saw, which happened to be around the city of Chester. The consultation asked, “Do you want to build on the green belt in areas A, B, C, D or E?”. Many local people pointed out to me that they wanted to say, “None of the above”, but there was no space in the box or provision to do that. So can the Minister reassure me that part of the Secretary of State’s examination of the summary of consultation responses will look at whether the consultation truly gave the space for local opinion to be expressed?
Earl Howe (Con)
That is certainly the aim. I do not know whether the noble Baroness would agree with me that one of the downsides of referendums that we have seen in the past is that people are asked to take a binary decision. That very often does not allow for the nuances and subtleties of an issue to be presented in the question, to put it at its mildest. So we think the consultation model is more appropriate for this type of situation, particularly as the different constituent elements of a community will have different interests and viewpoints on the issue in question.
Lord Scriven (LD)
It is clear that, even barring a referendum, under Clause 44(3)(c) the Secretary of State will ask for further consultation if they consider that it is required. I assume that the Secretary of State will not have a subjective opinion on that and that there will be some objective criteria. It therefore comes back to what my noble friend Lord Shipley said: would it not be wise for the objective criteria about what good consultation is to be shared and, potentially, to be in the Bill? That would stop the position where local authorities had to rerun a consultation because it had not met the criteria which the Secretary of State was looking for in the first place.
Earl Howe (Con)
Yes, I take the noble Lord’s point. It comes back to one that I think the noble Lord, Lord Shipley, made about minimum standards in this area. It might be helpful if I took advice on this and wrote to noble Lords who have taken part in this debate, to see whether I can add some clarification.
Turning to Amendment 62, tabled by the noble Baroness, Lady Taylor of Stevenage, the levelling-up White Paper clearly states the Government’s ambition for devolution, including the devolution framework, which is underpinned by four principles. One of these principles is sensible geography. The White Paper clearly states that future devolution deals should be agreed over a sensible, functional economic area and/or a whole-county geography, with a single institution in place across that geographic footprint. We have already debated that issue on the previous group. The combined county authority model is being established in the Bill to provide a single institution that can cover such functional economic areas, or whole-county geographies, where there is existing two-tier local government and multiple upper-tier councils. As such, I reassure the noble Baroness that combined county authorities will be focused on single economic hubs.
Monday 27th February 2023
(1 year, 9 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-III(b) Amendments for Committee (Supplementary to the Third Marshalled List) - (27 Feb 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Randerson (LD)
My Lords, I will specifically address Amendment 66 in the name of my noble friend Lady Bakewell, but I will also refer to Amendment 86. On these Benches we broadly support these amendments because they ask some important questions.
Amendment 66 refers to the environment, which to all intents and purposes is a bit of an orphan in the Bill. One of the great advantages of CCAs, and of gathering together councils on a bigger area, is that you can have co-ordination and efficiencies of scale on environmental issues that are more difficult in smaller units. There are great disadvantages to having large units, but on the environmental issue you need to exploit the advantages. On everything from the management of areas of outstanding natural beauty to recycling schemes—I am trying to produce contrasting examples—and particularly on transport issues, there are huge advantages to running on a larger scale. For example, you have the efficiencies of running a bus network that is not just in the towns and cities but serves the rural areas that feed into them. It is therefore very important indeed that those issues are at the forefront of the decision-making of the CCAs and that they report back on those decisions.
Turning to Amendment 86, I am sure the Minister will forgive me for some cynicism here. The first round of the UK shared prosperity fund and two rounds of levelling-up funding have posed more questions than answers on the criteria on which this sort of government funding is now being based. It seems that areas favoured by the Government are doing well, sometimes not for any good reason. There therefore needs to be accountability in the funding of CCAs.
If we look at the current patchwork of local government funding in England, there always tend to be huge discrepancies and illogicalities because you are always inheriting what has gone before. Areas change and develop, and sadly some areas decline relatively. Sometimes political decisions put some areas at a disadvantage while others thrive. The point I am making is that with CCAs you are starting afresh. It is therefore very important to explain why they are being funded as they are, not just through bald accounting but with a cost-benefit analysis. Amendment 86 is a very good idea.
Earl Howe (Con)
My Lords, I am grateful to members of the Committee for such an interesting debate about statements and guidance on combined county authorities. We agree completely with the need for transparency on the wide range of issues in these amendments.
Amendment 66, tabled by the noble Baroness, Lady Taylor of Stevenage, seeks to place a requirement on the Secretary of State to publish an environmental impact assessment 120 days after making regulations that establish a combined county authority. I hope I can reassure the noble Baroness that in making the regulations, government and Parliament will have already considered the environmental impact of doing so. When deciding whether to make regulations to establish a combined county authority or change arrangements for an existing one, the Secretary of State has to consider statutory tests, including whether it would improve the environmental well-being of some or all of those who live and work in the area. Indeed, the regulations cannot be made unless the Secretary of State considers that this test would be met. There is therefore in our view an ample opportunity for Parliament to consider this.
This amendment would also require a combined county authority to publish an annual environmental impact assessment of its ongoing operation. As a form of local government body, CCAs will be subject to the same requirements as other local authorities to publish environmental impact assessments for specific pieces of work and decisions where necessary.
Amendment 74, tabled by the noble Baroness, Lady Taylor of Stevenage, seeks a public statement of the definition and description of a non-constituent member of a combined county authority. I hope I can reassure her that there is already a definition for a non-constituent member in Clause 9. Paragraph 135 of the Explanatory Notes explains that:
“A non-constituent member of a CCA is a representative of a local organisation or body—such as a district council, Local Enterprise Partnership or university—that can attend CCA meetings to input their specific local knowledge into proceedings”.
The Explanatory Notes go on to explain how a non-constituent member would be chosen. First, the combined county authority may designate an organisation or body as a “nominating body” of a combined county authority if that organisation or body consents to the appointment. A nominating body would be a local organisation such as a district council. The nominating body will then suggest the representative to attend for its body—for example, the leader of the council—and that individual is the non-constituent member.
An associate member is an individual person such as a local business leader or an expert in a local issue whom a CCA can appoint. This enables the associate member to be a representative at CCA meetings and to input their specific local knowledge into proceedings.
I hope I can allay the doubts and fears of the noble Baroness, Lady Hayman, on this issue. This model is designed to allow for genuine localism. It allows the local area to decide which local organisations or bodies will bring the greatest benefit to the combined county authority, and then appoint them. No two areas are the same. Depending on the local area, this will be different stakeholders, but examples of bodies that we expect to see combined county authorities engaging with are, as I mentioned, district councils, local enterprise partnerships, local universities, local health organisations and local registered providers, to name just a few.
The clause provides that district councils can be non-constituent members of a combined county authority. This will facilitate district councils having a formal seat at the table in putting their local expertise and ensuring join-up. Non-constituent members could attend the combined county authority’s cabinet meetings, be on sub-committees, and sit on overview and scrutiny committees and audit committees, giving those organisations that want them a role and voice in the combined county authority.
The model allows for local flexibility to reflect the different situations of different areas. If the combined county authority and all district councils wish to be involved, they can all be non-constituent members. However, if one does not, a devolution deal will not fall, as it would under the current combined authority model.
As stated in the levelling-up White Paper, we expect the upper-tier local authorities that we are agreeing devolution deals with to work with district councils to deliver the powers most effectively being provided. In discussions thus far, we have been pleased to see collaboration between upper- and lower-tier councils on devolution proposals to deliver for their area.
I emphasise that it is down to the combined county authority to decide what voting rights a non-constituent member should have rather than this being imposed by us in Westminster. Depending on the decision of the combined county authority, its non-constituent members can be given voting rights on the majority of matters.
I hope that this provides sufficient clarity on non-constituent members. I shall, of course, read Hansard and pick up any further questions that I feel I have not covered adequately, and I will write to noble Lords on those points.
Baroness Taylor of Stevenage (Lab)
As a further point of clarification, if the Minister will allow, is that saying specifically that district councils represented on a CCA will not have a vote, whereas the CCA can decide that other non-constituent members can vote? I am not clear about this at all. Unless what is intended is more clearly set out, we could end up in what I would consider to be an unfortunate situation of elected district councillors who sit on a CCA not being able to have a vote, and the potential for that to be manipulated in a political way would still be there. We need to understand the situation around voting and non-voting for non-constituent members.
Earl Howe (Con)
I understand the noble Baroness’s point. I do think that I covered that in my remarks, but I will reread what I said and, to the extent that I was unclear, I will be happy to write to the noble Baroness. The broad point is that it will be up to the CCA what voting rights it allows to whom, including district councils.
Amendment 76, tabled by the noble Baroness, Lady Hayman of Ullock, seeks to allow a combined county authority to be able to request that the Secretary of State makes regulations in relation to its membership. In agreeing a devolution deal with councils in an area, we will be discussing what governance arrangements would be appropriate, including the institution to operate the devolved powers, and membership and decision-taking arrangements.
The combined county authority would be able to make such a request to the Secretary of State. Such a request would be formalised through submitting a proposal to the Secretary of State, as set out in Clause 43 for establishing a new CCA and Clause 45 for making changes to the arrangements for an existing CCA. The Secretary of State has to consider such a proposal and, if they deem the statutory tests to be met, can decide to make the regulations. Such regulations can be made only with the consent of the local area—including the combined county authority if one is already established—and with parliamentary approval.
I turn to Amendment 86, tabled by the noble Baroness, Lady Taylor of Stevenage. The Government recognise the importance of transparency with regard to allocations of funding and regular reporting on the impact of wider and deeper devolution. Section 1 of the Cities and Local Government Devolution Act 2016 requires the Government to produce an annual report on progress with devolution to combined authorities and local authorities, which covers the areas suggested by the noble Baroness’s amendment; namely, funding and regular progress reporting on devolution of additional public functions.
Earl Howe (Con)
My Lords, I listened carefully to the noble Baroness. Although some of her questions can be dealt with quite easily via a letter, it might be helpful to her and other noble Lords if we had a round-table session to explore some of the broader questions in greater depth. As she rightly said, considerable ramifications emerge from some of these questions, and I think they would be usefully dealt with in a conversational format, with officials present. So, if that idea appeals to noble Lords, I would be happy to arrange it.
Baroness Hayman of Ullock (Lab)
I thank the Minister. We would very much welcome that; it would be extremely helpful. I will finish by wishing the noble Baroness, Lady Goldie, a very happy birthday.
Earl Howe (Con)
My Lords, this group of amendments considers various aspects of a combined county authority’s constitution and its day-to-day working. Although I appreciate it is a probing amendment, Amendment 67, tabled by the noble Baroness, Lady Hayman, would remove the ability of the Secretary of State to amend the regulations on the constitution of a combined county authority. These regulations include the membership of the combined county authority, which must be amended if, for example, another area wished to join a CCA. Members of the new area would need to be added to the CCA. If no such change were possible, there could be no change to the make-up of an established combined county authority, regardless of the wishes of the local area. CCAs must retain the flexibility to include a new area or for an area to leave, or to reflect other such changes.
Turning to Amendment 68, I completely agree with the noble Baroness on the need for consultation with combined county authority members on regulations regarding the constitution of a CCA. Clause 44 of the Bill already goes further than this amendment by providing that the consent of all the constituent councils is required if the Secretary of State is to make any such regulations. It is worth my making the point that these clauses should not be read in isolation, but rather in the round.
I noted the noble Baroness’s position that CCAs, once established, should just be allowed to get on with it, without the involvement of or interference by the Secretary of State. I look at the issue from the other perspective. The clause enables constitutional arrangements for a CCA to be established in the regulations that will also establish the CCA. These arrangements are the fundamental working mechanisms of the CCA; they include aspects such as the membership of the CCA. As such, it is appropriate that they are set out in secondary legislation to ensure the establishment of a stable institution with good governance. A CCA can set out its own local constitution or standing orders with additional local working arrangements. This is done locally and does not require secondary legislation. However, the local constitution cannot be allowed to contravene primary or secondary legislation. There has to be consistency, and we believe that this is the right way to ensure that.
Amendment 69, tabled by the noble Lord, Lord Shipley, and spoken to by the noble Lord, Lord Kennedy, would prevent the Secretary of State making provision for the executive of a combined county authority to represent the political make-up of its members. A combined county authority is to be made up of members from each of the constituent councils on a basis agreed by those councils through their consent to the establishing regulations. These regulations will also provide for the make-up of the CCA’s executive. It is essential that the constituent councils can agree together the make-up of the combined county authority’s executive that properly reflects the local political membership of the CCA. This is essential to underpin the collaborative working required to make a CCA work in practice.
The amendment would, in effect, impose on a combined county authority an executive that did not reflect the make-up of CCA members, which could negatively impact on the working of the CCA. It would also place the executive of a combined county authority in a different position from that of either a local authority or a combined authority, neither of which requires political balance.
Amendment 71, tabled by the noble Lord, Lord Foster, would enable a two-tier district council to be a constituent member of a combined county authority. As I said, the combined county authority is a new institutional model made up of upper-tier local authorities only. Only two-tier county councils and unitary councils can be constituent members of a CCA. We contend that this model will provide the flexibility required for devolution to areas with two-tier local government, which has proved a challenge to date. It allows a combined county authority to be established with agreement from the councils across the area that will be the constituent members of the CCA; that is, the upper-tier local authorities.
I realise that some noble Lords are sceptical about this, but this model removes the risk of one or two district councils vetoing the wishes of the great majority for devolution, as has happened with some two-tier local government areas wishing to form combined authorities, where unanimous consent from all councils in the area, including upper- and lower-tier councils, is needed.
I come back to a point I made earlier. While they cannot be constituent members of a combined county authority and, as such, cannot consent to its establishment, district councils can have a voice in a CCA via the non-constituent member model, as set out in Clause 9. As stated in the levelling-up White Paper, we expect CCAs and their upper-tier local authorities to work closely with their district councils, and have been pleased to see this happening in deal areas. This flexible model will enable the county, district and unitary councils to work together in the way that best meets local needs and wishes. The bottom line, I contend, is that this amendment would defeat those objectives.
It is important for me to say to the noble Lord, Lord Foster, that we are not taking away district council powers. Devolution is about giving power from Whitehall to local leaders. We expect the upper-tier local authorities we are agreeing devolution deals with to work with district councils, as I have said, to deliver the powers most effectively being provided. In discussions thus far, we have been pleased to see collaboration of the kind I have mentioned.
I realise that Amendment 72 is, in essence, a probing amendment. It will not surprise noble Lords to hear that I cannot accept it, because it would prevent a combined county authority resolving that non-constituent members could exercise a vote on matters where the CCA considered this to be appropriate. Non-constituent members are non-voting members by default. As I tried to make clear earlier, the combined county authority can give them voting rights on most matters, should it wish to. For example, a combined county authority may have provided for there to be some non-constituent members from the area’s district councils to enable their input on matters of importance to district councils in the CCA’s area. The CCA may wish to maximise this input by allowing in certain circumstances for these non-constituent members to vote. This amendment would prevent these non-constituent members being given a vote and would risk undermining the CCA’s ability to work in collaboration with its district councils and other non-constituent members.
Amendment 75, also tabled by the noble Lord, Lord Shipley, would prevent a combined county authority resolving that associate members could exercise a vote on matters where the CCA considered this to be appropriate. I am afraid that this is another proposal that I cannot accept, for reasons similar to those I have just outlined for Amendment 72.
Associate members are non-voting members by default, but the combined county authority can give them voting rights on most matters, should it wish to. For instance, a combined county authority may have provided for an associate member who, for example, may be a local business leader or an expert on a local issue to enable the member’s input on matters on which they have relevant expertise in the CCA’s area. The CCA may wish to maximise this input—
Lord Shipley (LD)
May I ask for a point of clarification on the associate members? Is it possible that a CCA can decide to give an associate member a vote, but not other associate members, and on what basis would that decision be made?
Earl Howe (Con)
I think the answer to that is yes. CCAs can distinguish between associate members in that way. But they would need to justify to themselves why they were according that difference of treatment. Circumstances would dictate a different course in different circumstances.
I come back to saying that the CCA may wish to maximise the input of associate members by allowing—
Lord Stunell (LD)
I appreciate the Minster’s reply, but if I could press him a little more, does he see any way at all in which we could differentiate what he is suggesting from the traditional role of the aldermen?
Earl Howe (Con)
The noble Lord, Lord Stunell, has stumped me there. As I am not totally familiar with the role of the aldermen, and I am sure he is, I had better write to him on that point, if he will allow.
The point I was seeking to make is that the CCA would in some, if not many, circumstances want to maximise the input from associate members by allowing in certain circumstances those associate members to vote on such matters. The amendment would prevent that happening and could risk undermining the combined county authority’s ability to work in collaboration with local experts who can contribute positively to the working of the CCA.
Earl Howe (Con)
Well, does that not argue for having in certain circumstances a similar status for associate members, who can contribute on a par with the way that commissioners contribute to combined authorities?
Lord Scriven (LD)
The point I am trying to make to the Minister is that, if he is going to use an example, it has to be an example of someone who already sits on a combined authority and has that influence, rather than just someone who advises the mayor and does not have a formal role within the combined authority structure.
Earl Howe (Con)
I think this was said earlier. I do not think you can take the model of the metropolitan areas and combined authorities and transpose that on to other areas of the country. Why should we not allow for difference, diversity and local decision-making on the way that people are used to best effect?
Lord Scriven (LD)
The Minister does not seem to understand. It is not about transposing from an urban to a non-urban issue. This is a matter of principle about democratic accountability for taxpayers’ money being used and that, when people sit at a table, there is some form of democratic accountability back to the people for whom they are making those decisions. The kind of membership that the Bill proposes has no democratic accountability. It is not about transposing a model from urban to rural; it is a matter of principle. If people are spending taxpayers’ money as part of a mayoral combined authority, whether urban or rural, they should be democratically accountable back to the people whose taxes they are spending.
Earl Howe (Con)
I sense that this is a matter that we will come back to at a later stage of the Bill. I do not think I can add anything to what I have already said on this subject.
Lord Kennedy of Southwark (Lab Co-op)
I will just come back to one point. I was a bit puzzled by the Minister’s response to Amendment 69 in the name of the noble Lord, Lord Shipley. The Government are taking the power in the Bill to disapply the duty to allocate seats on the basis of political proportionality in the combined authority; they are disapplying that power. The noble Lord, Lord Shipley, was seeking to remove that provision so that, if a party had a third or a quarter of the seats, it would expect something similar on the Executive. When the Minister answered the noble Lord, Lord Shipley, he gave an answer that seemed to agree with what he was suggesting while justifying the position of the Government. It seemed perverse.
I know that there are to be proposals for a Nottinghamshire/Derbyshire combined authority. At the moment Derbyshire County Council and Nottinghamshire County Council are controlled by the Conservatives, and Derby City Council is led by the Conservatives. The only Labour council is Nottingham City Council. On the basis set out in the Bill, the three Conservative councils could get together, gang up on the Labour council and throw it out of the committee structure. That surely cannot be right. Why would a minority council join something if it could be ganged up on and removed from the executive? It would not; we want to bring people together. I know that the noble Lord, Lord Shipley, is trying to ensure that this problem could not happen. I do not follow the Minister’s arguments, which were in support of the noble Lord, Lord Shipley, but were used to say that we cannot have the amendment.
Lord Shipley (LD)
My Lords, perhaps I could help the Minister at this point by simply suggesting that we add this to the agenda of our meeting, which gets longer and longer as we speak. It is a very important issue, to which we should add the issue of whether the calculation of political proportionality applies to the membership of the CCA—those who are there—or the bodies that each of those members represents, on behalf of which they have been nominated to attend the CCA. You might get a different answer depending on which it is. To avoid a lengthy evening and discussion at cross purposes, perhaps the Minister will agree that we can talk about it around the table; it might be easier.
Earl Howe (Con)
I am very grateful to the noble Lord, Lord Shipley, because the last thing I would wish to do is mislead this Committee or lead it down a path that led nowhere. Rather than go round in circles, as I suspect we might if I continued, I would be very happy to take up that suggestion and add it to the agenda of this rather lengthy round table we are planning.
Moving on to the amendment tabled by the noble Baroness, Lady Hayman, I completely agree with her on the need for the constituent members of a combined county authority to agree to the conferral of local government functions on a CCA. This is recognised in Clause 16, which provides that the consent of all the constituent councils is required if the Secretary of State is to make regulations conferring any such functions on a CCA. It is essential that all the constituent councils have agreed to the regulations that establish and confer powers on the new institution to support the collaborative working that is essential for a successful CCA.
I turn to some of the broader issues raised by the noble Baroness, Lady Bennett of Manor Castle, on Clause 25 standing part. I take on board her instinctive antipathy to the concept of having elected mayors, but let me outline the case in their defence. We have seen from our existing mayors how strong local leadership can enhance economic and other opportunities. Mayors act as champions for their areas, attracting investment and opportunity to their places. They provide that single point of accountability to local citizens. Our devolution framework in the levelling-up White Paper places a strong emphasis on the importance of high-profile, directly elected local leadership, strong local institutions, and joint working across sensible and coherent economic geographies. We believe that high-profile, directly elected leaders—such as a mayor—will be most effective in driving levelling up in an area. Such strong local leadership is essential for delivering better local outcomes and joined-up public services.
As such, level 3 of the devolution framework in the White Paper, which is the highest tier, requires an institution to have a directly elected mayor to access the fullest range of functions and funding. In the case of a combined authority, we have seen that directly elected mayors are the clearest and lightest-touch way to provide that single point of accountability that I have referred to, which enables greater risk taking in decision making. In the case of a local authority, a directly elected mayor increases the visibility of leadership and helps create a greater convening power to delivery place-based programmes. That visibility is not to be derided. The Evaluation of Devolved Institutions report in 2021 found that nearly three-quarters of respondents —72%—across all combined authority areas reported that they were aware of who the mayor of their local area was. London, with 97%, and Manchester, with 88% of respondents, reported the highest level of awareness of who their mayor was.
Many noble Lords will be aware of mayors around the country who are already playing an incredibly powerful role in driving economic growth, as well as improving public services and giving local areas a real voice on the national stage. West Midlands would be a good example, where Andy Street has led work to form Energy Capital with the aim of creating a competitive, secure modern energy system that provides low-cost, clean and efficient power, while Andy Burnham and the Greater Manchester Combined Authority have created Our Pass, a membership scheme to provide free bus travel across Greater Manchester for young people. It greatly improves their ability to take advantage of the city-region’s amenities.
Clause 25 enables regulations to be made for a combined county authority to be led by a mayor. It introduces Schedule 2, which sets out the detail of the electoral arrangements. As I have said, this opens the way for a combined county authority area to benefit from the strongest devolution offer available. As I also mentioned earlier, combined county authorities do not have to have a mayor; they can choose to be non-mayoral. We believe that that choice should be made by the local area, in line with our localism principles. Non-mayoral CCAs can access level 2 of the devolution framework, which in itself is valuable and powerful. This clause provides the mechanism for delivering our aim of having strong, visible and accountable leaders to take devolved powers and budgets, and drive the levelling up in their areas.
Amendment 113, tabled by the noble Baroness, Lady Bennett of Manor Castle, seeks to insert a requirement into Clause 26 for there to be a referendum before the Secretary of State may make regulations to provide that a combined county authority should have an elected mayor, and for this question to be approved by a majority of local government electors. I have probably said all I can on the pros and cons of referenda. I am, generally speaking, not a fan, and I have to say that I agree with the point made by the noble Baroness, Lady Hayman, about the cost of putting on a referendum.
Lest there be any doubt about local public involvement, however, I absolutely agree that it is important that the public are consulted on a proposal to introduce a combined county authority mayor in their area, hence the requirement for public consultation in Clauses 43 and 45. For the record, again, Clause 43(4) states that, prior to submitting a proposal for establishing a combined county authority to the Secretary of State, the local authorities proposing to establish it must undertake a public consultation on the proposal in the area that the CCA will cover. If those local authorities are proposing that there is an elected mayor for the CCA, that will be set out in the proposal.
Clause 45(3) includes similar provisions for a proposal from a combined county authority to make changes to existing arrangements relating to that CCA, including introducing an elected mayor for the CCA’s area if moving from a non-mayoral CCA. The authorities or the CCA must undertake a public consultation in those circumstances and submit a summary of consultation responses to the Secretary of State alongside their proposal.
When deciding whether to make the regulations to establish or change a combined county authority for an area, including introducing an elected mayor, one of the tests that the Secretary of State must consider is whether the area’s public consultation is sufficient. If they conclude that it is not, Clauses 44 and 46 provide that the Secretary of State must himself or herself undertake a public consultation before any regulations can be made. So we believe that the existing clauses provide for sufficient local consultation on the introduction of a mayor or a CCA. I know that that reply will not make the noble Baroness, Lady Bennett, any happier, but I believe we are closer to her position than perhaps she thought we might be.
Monday 13th March 2023
(1 year, 9 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-V Fifth marshalled list for Committee - (13 Mar 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Pinnock (LD)
That is my fundamental principle. Anyone who makes decisions about public money has to be voted for; they have to be an elected member. The whole point is that they are then accountable for the decisions they make and can, quite rightly, be kicked out of office if local people do not agree with what they have done. That is the point and if you have non-elected members of these combined authorities who cannot be ejected from office for the decisions they have made, we are no longer a democratic country.
Earl Howe (Con)
My Lords, as noble Lords have explained, this group of amendments considers various aspects of the membership of combined county authorities and combined authorities, and the voting rights of members.
Amendment 70, tabled by the noble Lord, Lord Foster of Bath, seeks to require equal membership for all the members of a combined county authority, removing the flexibility that the Bill currently provides. I listened carefully to the noble Lord but I have to come back to a point that I made in an earlier debate: it is vital that the primary legislation on combined county authority membership retains this flexibility and enables the local area to make the decision about membership.
The practice within the existing combined authority model illustrates why. It is very common for the constituent councils of the existing combined authority model to have equal membership, but this is not always the case. For example, in the West Yorkshire Combined Authority, each constituent council nominates one member of the authority and collectively they agree another three members so as to achieve political balance. This would not be possible if the legislation was amended as proposed.
Baroness Hayman of Ullock (Lab)
I am finding some of this slightly confusing, so I wonder whether the noble Earl could clarify something. Is he confirming, first, that district councils can be constituent members, and not just non-constituent members? Secondly, did he just say that all district councils will be able to be members? I would just like clarification.
Earl Howe (Con)
It may be helpful if I cover the issue of district councils in a moment when I come to Amendments 155 and 156. I will do my best when I do so.
Amendment 127A, tabled by the noble Baroness, Lady Hayman of Ullock, addresses the requirements in relation to public consultations on proposals to change a combined county authority. We are in complete agreement that public consultation on a proposal to change a combined county authority is important. However, the amendment questions an important part of the safeguard that Clause 46 has in place to ensure that such a consultation is sufficient.
I will explain. As the provision is currently written, the Secretary of State must carry out a public consultation on changing a combined county authority unless three factors are met: first, that a proposal has been prepared under Clause 45; secondly, that a public consultation on the proposal has been carried out and a summary of it submitted to the Secretary of State; and, thirdly, that the Secretary of State considers that no further consultation is necessary—namely, that the consultation which has been carried out is sufficient. The amendment, as I take it, probes the process involved in the third factor. I tried my best to cover that in the letter I sent to all noble Lords who spoke in our previous Committee session.
In essence, the issue here is that the Secretary of State, in deciding whether a prior consultation has been sufficient or insufficient, has to look at several things: what the consultation consisted of; whether it followed the Cabinet Office guidance for public consultations sufficiently well; and, in that regard, whether it covered the necessary groups of people that it should cover, which is one of the principles set out in the Cabinet Office rules. So the public consultation would involve not only residents but key stakeholders, such as district councils, local businesses, public sector bodies, and voluntary and community sector organisations. A summary of those responses has to be presented to the Secretary of State when the proposal is submitted, together with any amendments that the proposing councils wish to make to the proposal in the light of the consultation. So the consideration the Secretary of State has to undertake is a combination of making sure that the principles laid down for consultations have been followed and looking at the evidence that has been presented. I hope that is of help to the noble Baroness.
I turn now to Amendments 155 and 156, tabled by the noble Lord, Lord Shipley, which have similar effects, as he explained. Amendment 155 would remove the ability of a combined authority to resolve to allow non-constituent members voting rights on certain matters. Amendment 156 would apply the same restriction to a combined authority’s associate members. Both non-constituent and associate members are non-voting members by default, but we have enabled the combined authority to give them voting rights on most matters, should they wish to do so. For example, a combined authority may have provided for there to be a non-constituent member of a neighbouring council to enable their input on matters which may have cross-boundary effects.
I listened with care, as I always do, to the noble Lord, Lord Shipley, who expressed some severe reservations about this idea. However, it is entirely possible that a combined authority may have provided for an associate member—for example, a local business leader—to enable their input on matters which may have an impact on businesses in the combined authority’s area.
The combined authority may wish to maximise this input by allowing both non-constituent and associate members to vote on such relevant matters. The process for doing this would be set out in the combined authority’s local constitution, with the decision being made by the authority. As I have alluded to, there is a good example of this. The noble Lord, Lord Shipley, expressed the view that district councils should be allowed a seat at the table and a vote. The Government have allowed for this to happen, albeit not in the way that the noble Lord has suggested, but as a non-constituent member.
We will be coming to a later group, consisting partly of Amendment 125A in the name of the noble Lord, Lord Hunt of Kings Heath, when we can perhaps discuss the issue of district councils in a little more depth. But it is also one of the topics that I suggest to noble Lords we cover in the round-table discussion which I proposed in our last Committee session, and which is now in the course of being arranged.
I should add that, very importantly, the decision by a combined authority to give any non-constituent members and/or associate members voting rights could be scrutinised by the authority’s overview and scrutiny committee to ensure due process is being followed. I suggest to the noble Lord that what we are proposing will not be without checks and balances.
Lord Shipley (LD)
The Minister has given one example of a constituent council—a council outside the area of the CCA becoming a constituent council because there are cross-boundary issues. But that is the only one I have heard him come up with, and I had assumed there would many other examples of why this structure is being created.
I also have concerns about the associate member category. The Minister said, and I hope I understood him correctly, that a business leader in the area might be co-opted as an associate member, who would then be given a vote. Do the Government think that wise, in terms of public perception? I suspect that the public might have some doubts. I do not understand why giving them the vote is so important. I can understand a business leader advising as an associate, or simply being in attendance, which is a common category in meetings, but not actually having a vote.
I will not extend this debate, but I hope that when we have the round-table discussion we can get to the bottom of the reasons for votes being given to those who are not full members of the combined authority.
Earl Howe (Con)
I am grateful to the noble Lord, and I am sure that we can cover those issues in more depth at the round table. I think it is worth bearing in mind that if the local councils themselves have any doubts or reservations about the appropriateness of giving voting rights to an individual, they do not have to go down that road. It would be only by agreement that this would happen. They would see a value and a purpose in granting such rights.
Lord Bach (Lab)
What could the value be in an outsider—someone who is not elected as part of the authority—having a vote? Perhaps the Minister can give us some examples of it being valuable for them to vote. Their advice, of course, would be important and the traditions of local government are that that advice would be listened to. But I think a vote is the thing that some of us find difficult to accept.
Earl Howe (Con)
I gave one example, which was a district council that might have particular interests; another might be a university. An integrated care partnership might have major interests in what was being debated or decided. There could be circumstances where a vote by a representative of such organisations could be seen as the right thing to do in the circumstances. Again, I think this is worth my following up in subsequent discussions. I sense that there is considerable uncertainty and hesitation about this provision.
In summary, the Government’s view is that the course proposed by the noble Lord, Lord Shipley, would undermine a combined authority’s ability to work in collaboration with local stakeholders, in the fullest sense, and experts who can contribute positively to the working of the combined authority and collectively ensure the best outcomes for the area and its residents. I hope that my explanatory comments are helpful, as far as they go, although I am conscious that they will not have satisfied noble Lords entirely. For the time being, I hope too that the noble Lord, Lord Foster, will feel able to withdraw Amendment 70.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, the amendments in this group relate to scrutiny of combined county authorities. I think that we all agree that effective scrutiny of a combined county authority, as with any other local authority, is a key aspect in providing the strong accountability that we all wish to see. The noble Baroness, Lady Pinnock, is absolutely right: it is about not just scrutiny after the event but overview before the event as well, as any good local authority would be doing at the time. I also say this to her: the Bill makes provision for payments of allowances to local authority members who sit on overview and scrutiny, and audit, committees.
Noble Lords will be aware that Schedule 1 provides the underpinning processes for holding a combined county authority to account. Through Amendment 77 the noble Lord, Lord Shipley, wishes to put provisions in the Bill requiring a combined county authority to publish a report of an overview and scrutiny committee if that committee believes that publication of that report is in the public interest.
I reassure the noble Lord that Part VA of the Local Government Act 1972 provides powers to require the publication of reports of a committee or sub-committee of a principal council, including overview and scrutiny committees. Schedule 4 to the Bill amends Part VA of the Local Government Act 1972 to apply these provisions to combined county authorities. I hope that this provides sufficient reassurance to the noble Lord that further amendments in this area are not necessary.
Amendment 78 was tabled by the noble Baroness, Lady Taylor of Stevenage. We absolutely agree on the importance of overview and audit, as I have said. We recognise that it could be appropriate for representatives from district councils within a combined county authority’s area to be members of a CCA’s overview and scrutiny committee. However, our approach is that this issue of representation is best decided locally. The Bill provides for combined county authorities to invite representatives of district councils, along with other appropriate persons, to be members of their overview and scrutiny committees. The powers are already available to achieve what she seeks.
I recognise that the noble Baroness is perhaps seeking to place a requirement on combined county authorities to ensure that chairs of overview and scrutiny committees of district councils in the CCA areas have to be members of the CCA overview and scrutiny committees. As we have said many times, we prefer a localist approach of enabling those in the area the ability to form their scrutiny committees, rather than dictating this from central government.
Amendment 79 tabled by the noble Lord, Lord Shipley, seeks to prevent a combined county authority restricting the work of an overview and scrutiny committee without good reason. The provisions in this schedule mirror exactly for the combined county authorities the overview and scrutiny arrangements in place for combined authorities. It is important to ensure consistency in approach to robust accountability across all those authorities that have functions and funding conferred to them from the Government.
As with combined authorities and local authorities, combined county authorities are public bodies required by public law to act reasonably in making decisions. It is only right that each combined county authority should be able to decide its own overview and scrutiny committee operational arrangements which best match its local circumstances. This is what this provision in the schedule does.
These operational arrangements will be set out in a combined county authority’s local constitution, to which it and all its members are bound. As such, there is no requirement for this amendment. A CCA cannot withhold an overview and scrutiny committee’s powers. Without such proposals in place that have been consented to by all parties, overview and scrutiny committees will not be able to undertake their role effectively.
Amendment 80 was tabled by the noble Lord, Lord Carrington, who I thank for being the voice of rural committees, which are extremely important. This amendment seeks to give combined county authorities’ overview and scrutiny committees the ability to establish a rural sub-committee. I see that is very important for many county authorities, and I can confirm that the existing provisions enable a combined county authority’s overview and scrutiny committee to do this, should it wish. Paragraph 2(1) of Schedule 1 allows a CCA’s overview and scrutiny committee to appoint one or more sub-committees, and they could, of course, be rural sub-committees.
Amendments 82 and 83, tabled by the noble Lord, Lord Shipley, are about the chairs of overview and scrutiny committees and sub-committees. Schedule 1 sets out that a chair of a combined county authority’s overview and scrutiny committee has to be of a different political party than the mayor in the case of a mayoral CCA and of a different political party to the majority of members in the case of a non-mayoral CCA or an independent person. These amendments seek to provide an additional criterion that the chair cannot have been a member of the same political party as either the mayor or majority of members for a non-mayoral combined county authority for a period of five years prior to appointment.
While we agree with the noble Lord that overview and scrutiny committees are an important part of the accountability process, we believe this amendment to be an unnecessary extra hurdle. Potential chairs’ credentials should be treated on the basis of their current political membership, or lack of it in the case of an independent chair. This is a consistent approach throughout local government. There are no requirements to look back over previously political membership, and we do not think there should be one in these new arrangements.
Amendment 84, tabled by the noble Lord, Lord Shipley, looks to increase the minimum number of independent members of a combined county authority’s audit committee to three. The Government believe that devolution should be locally led, as I have said many times, and recognise that greater functions and funding must come with strong accountability. The Government’s policy approach is to allow each combined county authority the flexibility to decide its own operational arrangements for its audit committee to best match the arrangements to local circumstances. Currently, this allows CCAs to decide how many independent persons should be appointed to an audit committee, providing that there is at least one independent member.
The noble Lord, Lord Shipley, and the noble Baroness, Lady Taylor, brought up the issue of who will be the members of audit committees. The regulations that will establish combined county authorities will set out audit committee arrangements. They will provide that, where practical, the membership of an audit committee reflects the political balance of the constituent councils of the combined county authority. Membership may not include any officer from the combined county authority or the combined county authority’s constituent councils. We await that further information on membership. The amendment that the noble Lord seeks to introduce would take away some of this flexibility, which might not best fit the local circumstances of the combined county authority.
Finally in this group, the noble Baroness, Lady Taylor of Stevenage, tabled Amendment 85, which would place a duty on the Secretary of State to facilitate the sharing of best practice between overview and scrutiny and audit committees of combined county authorities. We recognise that sharing best practice makes an important contribution to the delivery of effective scrutiny functions across the local government sector as a whole. However, we believe that this works best where best practice sharing is locally led rather being a diktat from above.
When they are established, combined county authorities will become part of a broader local government framework and will receive support in developing and improving scrutiny functions. The existing combined authorities are already working together to share best practice between their organisations, including considering effective scrutiny. This includes via the M10 network, which is led by the combined authorities but which government engages with regularly.
Combined authorities are also supported in their work on scrutiny by the Centre for Governance and Scrutiny, which looks at specific challenges across all local government, including combined authorities, and works with them to enhance the effectiveness of their scrutiny. Once established, combined county authorities will also be able to operate and share best practice in a similar way to those authorities already in place. I hope the noble Baroness agrees that—
Baroness Taylor of Stevenage (Lab)
I hope the Minister will excuse me. I find that response about the sharing of best practice a little confusing. What we were trying to understand was how the work across the CCA picture nationally would be shared. I am not clear how that will work across the piece—across the country. There will, clearly, be the development of good practice in audit and scrutiny. Is it intended that that will sit within a framework such as, for example, the Local Government Association? Where will it sit, and how will those authorities be able to share what they are doing properly and effectively?
Baroness Scott of Bybrook (Con)
For a start, they will still be members of the Local Government Association, I assume, as will their members; so there is that route. As we have said, the combined authorities already in existence are already joining together themselves and sharing good practice. I would imagine that the CCAs and further combined authorities will also be doing that sort of sharing of best practice. The department will obviously keep a close eye on a new structure, work with those local authorities and be able to share any good practice from that as well. As usually happens with change, everybody wants to get together to see how it is going. I can give your Lordships an example of when I took a local authority to a unitary authority, and other authorities were going to unitary authorities at the same time. We all joined together and shared best practice. It did not have to be imposed on us; we did it as a matter of course. I think local government is good at doing that and will continue to do so into these new ways of working.
I hope the noble Baroness will agree that, as the work currently undertaken elsewhere should be locally led, there is no need to place a duty on the Secretary of State to facilitate the sharing of best practice between combined county authorities.
Earl Howe (Con)
My Lords, this group of amendments relates to the budgets and funding of combined county authorities and the scrutiny of them. Amendment 87, tabled by the noble Baroness, Lady Taylor, seeks to place a requirement on the Secretary of State to publish an assessment of a combined county authority’s funding, including in relation to any new functions.
The Government fully recognise the importance of transparency with regard to allocations of funding and regular reporting on the impact of wider and deeper devolution. That is why we introduced a measure to that effect in the Cities and Local Devolution Act 2016. This provision requires the Government to produce an annual report on progress with devolution that covers the areas suggested by the noble Baroness’s amendment; namely, funding and regular progress reporting on devolution of additional public functions. Combined authorities and local authorities are already covered by this provision. We laid a consequential amendment, government Amendment 152, on 9 February that will bring combined county authorities into its scope. I hope that is helpful to the noble Baroness.
It is also worth noting that combined county authorities will be subject to the same accounting and audit provisions as combined authorities and individual local authorities. Government Amendment 151, laid on 9 February, extends the provisions of the Local Audit and Accountability Act 2014 to combined county authorities. These provisions include the requirement for them to have locally audited annual accounts available for public inspection on request. Taken together, these measures will ensure that combined county authorities operate in a transparent manner and are held to account for successful delivery in the same way that other institutions in England with devolved powers already are. The Government therefore feel that there are effective, proportionate reporting mechanisms already in place for combined county authorities that will cover what the noble Baroness is seeking to achieve.
I read Amendment 123, tabled by the noble Baroness, Lady Hayman of Ullock, as probing whether Parliament will be able to scrutinise CCA budgets. I agree with what the noble Baroness said: combined county authority mayors and their budgets should be subject to scrutiny. Where I differ from her is that I believe that it should be a local matter. If it is to be worth the name, devolution should combine strong, empowered local leaders with stronger accountability and transparency. A directly elected leader, such as a mayor, with a fixed term and a clear mandate makes it much easier for local communities to make judgments based on local performance and local delivery, rather than the ebb and flow of national politics.
All combined county authorities will be required to have at least one overview and scrutiny committee and an audit committee. These will be instrumental in holding the authority and the mayor to account for their decisions and activities. The Government will be publishing a new devolution accountability framework to ensure that all devolution deals lead to local leaders and institutions that are transparent and accountable, work closely with local businesses, seek the best value for taxpayers’ money and maintain strong ethical standards. Requiring combined county authorities to lay their budgets before Parliament would be excessive and would also place CCAs on a different footing from combined authorities and all other local government institutions.
Baroness Taylor of Stevenage (Lab)
I think I said when I moved the amendment that our contention was that local government, including any CCAs, is already subject to extensive scrutiny, so we agree with that. I would be grateful if the noble Earl could clarify that no further layer of scrutiny will be applied to CCA budgets. Was that the content of the his response?
Earl Howe (Con)
In broad terms, yes. But if I can elaborate on that, I will certainly write to the noble Baroness.
Amendment 172, tabled by the noble Baroness, Lady Taylor, and the noble Lord, Lord Shipley, seeks to insert a new clause following Clause 76. This proposed new clause would require the Secretary of State to publish the fair funding review. I take this to mean the most recent government consultation on fairer funding for local government, which is the 2018-19 review of relative needs and resources.
The review of relative needs and resources was undertaken in 2018-19. As the noble Baroness rightly pointed out, this assessment is now out of date. It does not take into account more up-to-date census and demographic data. The events of the past five years, including, notably, the Covid-19 pandemic, mean that the world has moved on. I therefore suggest to the noble Baroness that there would be little benefit to publication in its outdated form.
The Government have already set out, in the local government finance policy statement on 12 December, that we would not be implementing the relative review of needs and resources in this spending review period. Instead, that policy statement sets out details of the funding policy that will be maintained for a second year into 2024-25. In making this decision, the Government were clear that now is the time for stability for the sector, not reform, given the turbulence of the Covid-19 pandemic and the more recent economic issues relating to high inflation.
I emphasise that the Government remain committed to improving the local government finance landscape in the next Parliament and beyond. The department is keen to work closely with local partners and to take stock of the challenges and opportunities that they face to build on the work of the review of relative needs and resources and to ensure that plans for reform are contemporary, robust and informed by local insight. Again, this is set out in the local government finance policy statement, published in December. This is an important issue and one that we should certainly discuss in the coming months.
I hope that the noble Baroness, Lady Taylor, will understand the Government’s reasoning on this, and that she will not feel the need to press this amendment when it is reached.
Baroness Taylor of Stevenage (Lab)
I am very grateful for the responses from the Minister. As was said earlier in the debate, we know that he always listens to the points being put forward, and I thank him for that.
On Amendment 87, which proposes that the CCA can request the publication of fair funding for new functions, I think that it is fair to say that local authorities cannot be expected to undertake bureaucratic burdens such as those. However, we want to see the records of reporting on CCAs, in particular around the cost-benefit analysis of what is being achieved by a CCA.
In response to the comments from the noble Lord, Lord Stunell, I say that there is a significant difference between the funding we see for initiatives and the funding for core services. There has been a great deal of the former and not so much of the latter in recent years. What happens, as we constantly see in local government, is that core services are undermined, and it hollows out the ability of local authorities to deliver the initiatives. I agree with the noble Lord that, whenever we raise these issues, we always get told that there will be new-burdens funding for things. In effect, while we occasionally see some money coming forward, we get things such as the new homes bonus. That is a good example, because the bonus was simply top-sliced from the rest of local government funding, so, in effect, they did not give us any new money at all; they just gave us our own money back. There are also things such as the Government setting rent policy for local authorities, telling us how much rent we can charge our tenants and placing additional burdens on housing authorities, and then saying, “No, you can’t have any new-burdens funding, because you should have been doing all that in the first place”. So there are problems around the whole issue of the new-burdens regime, and we need a genuine increase in funds in local government.
The points from the noble Lord, Lord Stunell, on how local government is financed, by whom, and how the resources are allocated and so on, were very well made. I would like to see the Government be brave enough to get on with this fair funding review. From the Minister’s response, I feel that it has been pushed into the long grass again. It was set up in 2018; we all understand that the pandemic had an impact on it, and perhaps during the pandemic was not the time to go into a full review of local government funding. It was delayed again in October 2022. Hearing that it has now been moved to the next Parliament is a concern, because this is urgent now. In 2023, we really cannot go much further forward with the system we have, which does not respond to local economic needs or local data, is very slow to respond, and, in many cases, is using data that is between 10 and 20 years old—that is not helping at all with the levelling-up agenda.
I spoke earlier about the difference between initiatives funding and core funding. It is all very well putting money into areas for local initiatives—often that is capital, and we have heard that the Secretary of State has now been stopped from signing off any further capital initiatives, so even that might not happen at the moment—but, if you do not keep the core funding going as well, and make sure that it is rising by inflation at the same time, it will be much more difficult to deliver any levelling-up initiatives whatever. So the amendments are important in making the point that we need to ensure that local government finances are duly and properly taken into consideration in the Bill. As I said earlier, it is disappointing that it is not there in a stronger way and we will look at the government amendments on the reporting on CCA funding to satisfy ourselves that they are right.
In the meantime, I am happy not to press the amendments. However, I hope that the Government are taking the point that we take very seriously this issue of local government finance and its rightful place in the levelling-up agenda; we may come back to it later in the debate.
Baroness Scott of Bybrook (Con)
My Lords, this group of amendments covers a number of matters relating to combined county authorities, combined authorities and local authorities, including NHS functions, the conferral of additional functions on combined authority mayors, the fair funding review, trade union liaison and bus services.
I start with Amendments 89 and 90, tabled by the noble Lord, Lord Hunt of Kings Heath. Together, they would require the Secretary of State to publish reports on proposals for the devolution of health functions to authorities and subsequent reports at 24-month intervals. I hope I can reassure the noble Lord and other noble Lords that the existing provisions for reporting on the conferral of health functions on to a local authority, combined authority or combined county authority are sufficient. The regulations that would confer health functions on to a local area would be accompanied by an Explanatory Memorandum setting out why the functions are to be conferred. The regulations also require parliamentary approval, giving Parliament the opportunity to consider the impact of such a conferral of functions. Also, under Section 1 of the Cities and Local Government Devolution Act, the Secretary of State has to publish an annual report about devolution, including listing any functions—including health functions—devolved to areas in the preceding 12 months.
The noble Lord’s explanatory statements say that these amendments are intended to probe our
“commitment to transferring NHS responsibilities to local government”.
To clarify, our devolution legislation is enabling legislation. Where an area is interested in the conferral of health functions on to a combined authority, local authority or combined county authority, it is possible to do this via secondary legislation. To date, the only area that has taken up this opportunity is the Greater Manchester combined authority, as we have debated; however, in principle, other devolution bids can include these same requests.
Section 18 of the Cities and Local Government Devolution Act 2016 sets out which health functions can and cannot be devolved. As noble Lords have mentioned, the kinds of functions that can be devolved include the joint local commissioning of health services. In contrast, the kinds of functions that cannot be devolved include, as noble Lords might expect, health service regulatory functions vested in national regulatory bodies responsible for such functions. Let me be clear: the devolution of health functions does not alter the Secretary of State’s core duties in relation to the NHS. As this Government have consistently made clear, they are and remain a priority for us.
Amendment 91, tabled by the noble Baroness, Lady Hayman of Ullock, would require the Government to co-operate with trade unions representing employees of combined county authorities that have responsibilities for transport. I support the noble Baroness’s sentiment here that it is important that we engage with trade unions representing transport employees of CCAs. It will, however, be the combined county authority itself as the employer that will be involved in recognising and collectively bargaining with any trade union representing staff at that workplace.
The Secretary of State will not be party to that relationship. Therefore, placing an additional requirement on the Secretary of State to co-operate with a trade union representing those staff risks undermining the relationship between the combined county authority, as the employer, and the trade union. I do not think that this would be appropriate; it is for local agreement. More generally, the Secretary of State consults with a large number of groups, including trade unions, on issues that affect local transport in combined county authority areas.
I shall move on to the Clause 58 stand part debate. Turning to the issues raised by the noble Lords, Lord Hunt of Kings Heath, Lord Shipley and Lord Bach, and other noble Lords, including the noble Baroness, Lady Hayman of Ullock, Clause 58 introduces a new process enabling mayors of combined authorities to take on new public authority functions via a request to the Secretary of State to deepen devolution, in order to remove barriers and give our local leaders more powers to drive the economic, social and environmental improvements locally that their residents, businesses and areas need. It is, however, deliberately limited in scope.
The provision relates only to the transfer of other public authority functions; namely, those currently carried out and funded by organisations other than local authorities such as government departments or their agencies. It makes no change to the consent regime for the transfer of local authority functions, as set out in the Cities and Local Government Devolution Act 2016, because we fully recognise that local agreement is key to successfully transferring such functions either to be delivered across a wider geographical area by a combined authority or, in some circumstances, to be exercised by the mayor individually.
We have also included an additional safeguard on the use of this provision to make sure that the voice of local authorities is still heard. In making any request for new functions to the Secretary of State, mayors will need to set out the views of their constituent councils and then provide a rationale for proceeding, if any of them disagree. More broadly, this clause also retains the long-established principle that we have had for all combined authority legislation that deepens devolution through new powers; that is, that it must be subject to what has often been referred to as to the triple-lock of consents. It must be consented to locally—in this case, by the mayor with the input from the constituent councils—agreed by the Secretary of State and approved by Parliament. I hope my explanation provides noble Lords with further information such that they could reconsider their opposition to this clause.
On Clause 59, raised by the noble Lords, Lord Bach, Lord Hunt of Kings Heath and Lord Shipley, and many others, the levelling up White Paper, which was consulted on widely, included reference to mayors of combined authorities taking on police and crime commissioner functions where policing boundaries were coterminous with those of the combined authority. It also committed the Government to taking steps to remove the barriers to more combined authority mayors taking on PCC functions. Clause 59 amends the existing provision by removing the requirements of consent from the combined authority and its constituent councils to the transfer of the PCC functions to be exercised by the mayor. This will enable the Secretary of State to make an order providing for a combined authority mayor to take on PCC functions for the combined authority’s area, subject to mayoral consent only.
PCC functions can be exercised only by the mayor. Combined authorities and their constituent councils have no role in the exercise of PCC functions. Therefore, the clause makes it clear that only mayoral consent is required for a transfer. These changes are designed to enable more mayors to take on PCC functions where this has been agreed; for example, within a devolution deal, in line with our White Paper commitment. The transfer of PCC functions to a combined authority mayor would not only preserve the democratic accountability established by the PCC model but can also offer wider levers to prevent crime. Powerful local mayors—
Lord Bach (Lab)
I am sorry to interrupt the Minister. I thank her for what she has said so far, but I want to ask her why there is no need for consultation of any kind under Clause 59. She praised the consultation that was necessary under Clause 58 and made it part of her argument. Why is there none in Clause 59?
Baroness Scott of Bybrook (Con)
My Lords, that is because, as I said, the role of the PCC does not impinge on the roles of the constituency councils. It is purely a role for the mayor. When you are looking at things to do with health, you are probably including the care roles of many councils.
Lord Bach (Lab)
Each district council has to have a community safety committee, which is made up of district councillors, others and the local police—it is very much involved in policing. As has been said earlier, and used as an argument by the Government, every police and crime panel must have someone from each district council in the police force area. There is a clear link between the constituent councils. Given that link is so important, how can the Minister really argue that on Clause 58 consultation is necessary but on Clause 59 it has nothing to do with the districts or the county?
Baroness Scott of Bybrook (Con)
I did not say it has nothing to do with the districts or the county—
Baroness Pinnock (LD)
I apologise to the Minister. I just thought I would add to the questions now and not interrupt further.
Is this an admission by the Government that the current system of independently elected police and crime commissioners has not been effective? I cannot think of any other reason why the two separate roles should be combined unless it is felt that the separate role of the police and crime commissioner has not been as effective as the Government wished.
Baroness Randerson (LD)
In the interests of making life easier for the noble Baroness, perhaps I could add my question. What assessment have the Government done of the crossover of funding between local authorities and police services for community safety work and partnerships? That is a frequent model. When the noble Baroness says that the police and crime commissioner role has no impact on local authorities, surely, that funding flow is relevant.
Baroness Scott of Bybrook (Con)
I did not say that the councils do not have any concerns or interest in the role of the PCC. Of course, they do, as we have heard, with community safety committees et cetera. What I said was that the councils do not deliver any of the services required by the PCC. That is the job of the local police. Therefore, there is no crossover in that way.
Baroness Taylor of Stevenage (Lab)
I do not know where that information has come from about councils not delivering community safety-related services. It is just not the case. We look at anti-social behaviour; we look at domestic abuse. In my own local authority, we have a very big and effective domestic abuse service, and we work with our colleagues in the police. We have issues related to local area policing. We set our priorities with our local policing teams and deliver services jointly to address those priorities. I could go on—I know the noble Baroness will know some of this from her own experience in local government. It is just not the case that local government does not deliver community safety services in the same way that we deliver health prevention services and so on.
Baroness Scott of Bybrook (Con)
I think we are going to disagree on this, and there is a fine line. I also want to answer the questions from the noble Lord, Lord Bach, that I did not answer at Second Reading, for which I apologise—I am conscious of that—but because the amount of information I have is not sufficient to answer them today, I will write to him and talk to Home Office colleagues as well, because I think it is important we get their views. I will also write more about the responsibilities of the PCC and the local authorities, because it is important that we get this right and that noble Lords understand the reasons why we are doing this.
Baroness Pinnock (LD)
I am struggling with this logic. The combined authority mayor can appoint a deputy to be responsible for police and crime, but the elected mayor will take the accountability if things go wrong. Why, then, can we not have an elected police and crime commissioner? That is the logic of what the Minister is saying.
Baroness Scott of Bybrook (Con)
That is not the logic. It is an opportunity for the directly elected mayor to be able to join up all these issues within their geographic area and deliver more joined-up services by working with others.
Lord Scriven (LD)
Do the Government therefore suggest that, at a local level, a council leader could appoint their own cabinet rather than taking from elected councillors? That is the logic of what the Minister is saying.
Baroness Scott of Bybrook (Con)
That is not the logic. It takes the whole issue too far. Cabinet members will come from the elected members. That is required in the legislation.
Baroness Hayman of Ullock (Lab)
The one thing that this has not answered is the issue of the politics, looking at the West Midlands. Does the Minister not think that, if a mayor can appoint a deputy mayor to take over the PCC functions and the existing PCC is then not there, that deputy should be of the same political persuasion as the elected PCC? The people voted for someone from that party, that part of the spectrum. Should it not be specified if that is the direction that the Government are going in?
Baroness Scott of Bybrook (Con)
No, I do not think so. I will make it very clear: these amendments are nothing to do with the West Midlands. These amendments were in the White Paper a number of years ago and were fully consulted on. I will take the noble Baroness’s point, but that is not what normally happens. You would normally have one of your team as a deputy mayor responsible for one thing or another, as you do in London. In this case, it could be for police and crime. I do not know what West Yorkshire will do.
I would also add that Parliament’s approval is needed for a combined authority to take on any new function. PCC functions can be conferred on a combined authority mayor by secondary legislation only, which needs parliamentary approval before it can be made.
Finally in this group is Amendment 469, tabled by the noble Baronesses, Lady Pinnock and Lady Randerson. This would confer new powers on local authorities to run their own bus services, which we believe is premature. The national bus strategy states that the Government would review whether it remains right that local authorities cannot set up new bus companies. Any consideration of change to the operation of the local bus market needs to be conducted in an orderly manner, with all views and potential impacts, positive and negative, considered. We therefore intend to wait until the review of the bus strategy comes out.
Baroness Pinnock (LD)
Following the Minister’s earlier remarks about the mayor being able to appoint a deputy to be responsible for policing, I was wondering: are there powers for them to appoint a deputy to be responsible for buses?
Baroness Scott of Bybrook (Con)
I do not know about buses, but I imagine that there may be the ability for a mayor to appoint somebody to be responsible for transport in a large area. I will check that, but I am sure that it is within their powers. It is probably a very good thing to have in large geographical area, as the mayor cannot do everything in detail there. I hope that that satisfies noble Lords.
Baroness Taylor of Stevenage (Lab)
I have a question on the issue of buses. We have seen millions of bus miles removed from the system altogether. The noble Baroness, Lady Randerson, has very carefully and thoroughly articulated why they are so essential. It is really important that we get this bus strategy as quickly as possible so that we can start to get a sense of how local authorities can play a part in restoring some of the bus services that we have lost. Can the Minister give us any idea of how quickly that will come about? It would seem that the Bill is an ideal opportunity to put that into place. Otherwise, we will have to go through the same discussions again in a few months, a year or two years’ time to give local authorities that power. Why not use the Bill as the ideal opportunity to reinstate what we used to have back in the day? I remember a very good bus service in my own area before the powers were taken away from councils.
Baroness Scott of Bybrook (Con)
This is the responsibility of the Department for Transport. I will be in touch with the relevant Minister to explain the Committee’s deep concern about the issue of bus services and say that an early solution to this would be considered appropriate by the Committee. I will also find out how long it will be before we get this strategy in place. I will write that at the end of the letter, which will go to all noble Lords in Committee. I hope that noble Lords will withdraw their amendments.
Lord Hunt of Kings Heath (Lab)
My Lords, this has been an interesting debate. The Minister made an interesting comment at the end when she said that basically a lot of the services we are talking about are the responsibility of other government departments. That seems to me to go to the heart of one of the problems of this legislation: is it not about devolution at all. If it were really about devolution, the Government would have a concerted approach to widespread devolution, which of course would involve bus services. It is a ludicrous proposition that under this grand new devolution and regeneration system you cannot run your own buses.
On health, what the Minister said was helpful up to a point in that she said there is no legal impediment to what is happening in Greater Manchester being extended, but I do not see any drive whatever. What I see is her own department taking a depressingly narrow view of what local government should do instead of embracing the whole government machinery to say, “We are serious about this.”
The clarification on Clause 58 was very helpful, and I am very grateful to the Minister. On Clause 59, I am pretty speechless. I spoke for the Opposition when the concept of police commissioners was coming through. We opposed it. Frankly, I still have great reservations about the system. My noble friend was an excellent example but, my goodness me, the evidence of poor behaviour by some police and crime commissioners is legion. None the less, we were promised directly elected police commissioners, that the public would decide who was going to be the police commissioner and there would then be accountability through the ballot box, but it seems that this is not to apply now in a number of places. From what the Minister said, it seems that the principle of coterminosity applies to many parts of the country in terms of future mayors and police commissioner areas.
I shall make two points. You cannot exclude local authorities. They form the police and crime panel. They have a direct interest in the precept which is set and have to consult on it. It is a big move to get rid of the police and crime commissioner and simply give it to the mayor—we know the mayor will appoint a deputy and will not really be accountable because the mayor has got other things to do—without consulting the constituent local authorities which play an important role in this whole area, not just in sitting on the police and crime panel. If we are serious about wanting our criminal justice system to be more effective, the local authority has a pivotal role to play in working with the police at local level.
I urge my noble friend on the Front Bench to bring this back on Report because I believe we should take out this clause. Having said that, I beg leave to withdraw the amendment.
Earl Howe (Con)
My Lords, this group of amendments relates, as we have heard, to transport functions and associated arrangements of combined county authorities. Before I address the amendments, I say to the Committee in response to those noble Lords who question the Government’s commitment to levelling up in the area of transport—in particular the noble Baroness, Lady Hayman, but also the noble Lords, Lord Berkeley and Lord Stunell, and the noble Baronesses, Lady Randerson and Lady Bennett—that the Government are committed to delivering improvements to transport across the north and across the piece. Let there be no doubt about that. We are committed to supporting all forms of transport. Indeed, between 2020-21 and 2022-23 we have invested over £850 million in active travel alone. The Transpennine Route Upgrade is the Government’s biggest single investment in upgrading the country’s existing railway, and is part of our continuing commitment to transforming rail connectivity across the north of the country. I plead with noble Lords to have some faith in the Government’s commitment in this area.
Amendment 92 tabled by the noble Baroness, Lady Hayman of Ullock, looks to place a requirement on the Secretary of State to publish an annual report on any differences in integrated transport authority functions conferred on combined county authorities, and the rationale behind them. It is of course important to help interested parties understand differences in conferral of transport functions between CCAs. Once established, the combined county authority will become the local transport authority responsible for managing public transport in the CCA’s area.
The functions conferred on combined county authorities from an integrated transport authority to enable the CCA to be the local transport authority will be a merger of those currently possessed by the CCA’s constituent local authorities, with their agreement and consent. These will be agreed with the local authorities as the combined county authorities are established, and this approach will be consistent across all CCAs. Therefore, as this clause relates only to powers already held locally, there is no need for the Secretary of State to produce such an annual report because there will be consistency across CCAs. The Explanatory Memorandums to the secondary legislation will also provide an explanation of transport powers that the combined county authority will be responsible for.
Amendment 93, tabled by the noble Baroness, seeks to allow residents in the area of a combined county authority with transport functions to be able to petition their CCA and the Government for new transport infrastructure. We support residents having the ability to push for new transport infrastructure for their area; indeed, this is already possible. The residents of an area with transport functions are already able to petition their local authorities, including for transport infrastructure, and this will be the same for combined county authorities once created. Therefore, creating this additional requirement relating to transport specifically for CCAs is unnecessary.
I come now to Amendment 94, tabled by the noble Baroness to require a combined county authority to publish an assessment within 90 days, if they are transferred certain functions, on whether transport infrastructure in their area is sustainable. An assessment of infrastructure sustainability in a CCA’s area already forms part of a local transport plan. Where a CCA has been given transport functions, it will include this assessment as part of its local transport plan anyway, so we feel there is no need for a separate time-limited assessment.
Amendment 95 tabled by the noble Baroness, Lady Hayman, would require a combined county authority to undertake an assessment of any company operating a train franchise in its area. There are already contractual reporting arrangements between train operators and the Government, and the train operating companies report their performance publicly on their websites and with key strategic partners, such as CCAs. In line with the Government’s commitment to not create additional bureaucratic burdens, we would not expect to mandate a report on any CCAs. Furthermore, if the CCA feels that it wishes to undertake such an assessment, we would expect it to utilise the existing reporting mechanisms. Given the existing reporting already in place, I hope that she will feel satisfied that the measures are sufficient.
Baroness Bennett of Manor Castle (GP)
I am wondering how this fits in with local government reporting, in the context of Britain’s legally binding net-zero obligations. This brings to my mind a broader question, but I will understand if the Minister wants to write to me later. How do the actions of the CCA fit within the overall framework of delivering net zero?
Earl Howe (Con)
If the noble Baroness will allow me, I will write to her on that, because I do not have an answer that would satisfy her in my brief.
Amendment 96, tabled by the noble Baroness, Lady Hayman, would require combined county authorities to notify the Secretary of State of any plans to begin a local travel survey within 30 days of being transferred functions under Clause 19. There is no legal requirement surrounding a combined county authority’s use of local travel surveys. Creating a legal requirement on CCAs for the reporting of their use within 30 days to the Secretary of State would, I suggest, place an unnecessary burden on CCAs, relative to the benefit.
Noble Lords may be interested to know that the Department for Transport conducts a national travel survey. We would expect CCAs to conduct further work locally to gather evidence in developing their local transport plans. However, we feel that mandating the use of local surveys in this way would be disproportionate, so I am afraid we do not feel we can accept this amendment.
I turn to Amendment 97, tabled by the noble Baroness, Lady Taylor of Stevenage. It would allow the Secretary of State to make regulations to confer on a combined county authority a power to designate railways, bus routes and cycle paths as key routes. The purpose of a CCA designating a route as part of its key route network is to enable the mayor to direct local councils in how they should use their powers as the highway authority for that route, if they are not carrying out actions agreed under the local area transport plan. For example, a combined county authority mayor might direct local authorities to build a particular bus lane on part of the key route network, which would have strategic, area-wide benefits for the CCA as a whole.
CCAs will already be able to designate bus and cycle lanes that form part of a highway in their area as part of the key route network under the existing Clause 22. The powers that local authorities have as highway authorities do not extend to railways, so allowing CCAs to designate them as key routes would have no effect on their operation. Given that CCAs will be responsible for the local transport plan for their region, we would expect them to identify their key transport routes and plan how to manage these, including railways.
Amendment 98, tabled by the noble Baroness, Lady Taylor, would enable the Secretary of State to confer a power on a combined county authorities to designate their area’s transport infrastructure as in need of regeneration. I would like to reassure her that, once established, combined county authorities, like existing local authorities, will have multiple means through which to petition the Government for improved transport infrastructure for their region. For example, Network Rail is responsible for maintaining the railway and for any renewals to ensure a safe and efficient-running railway. When it comes to enhancements being sought for railway improvements, we follow the rail network enhancements pipeline policy, which sets out how areas can engage with government on rail improvements.
On local roads, the Department for Transport provides local highways maintenance funding through the highways maintenance block and the potholes fund, which provide annual funding for eligible local highways authorities, including future combined county authorities, to locally prioritise investment in local roads and associated infrastructure, such as bridges and lighting columns. The Department for Transport will also maintain regular contact with combined authority areas, which will provide ample opportunity for areas to make the case for transport infrastructure improvements.
Lord Berkeley (Lab)
I am grateful to the Minister for what he said about roads and railways, and the control and leadership—if you can call it that—that the Department for Transport has in the pipeline, as he calls it, and everything else. However, I have seen examples of where Network Rail has been unable to paint the railings in one station because it had to go to the Treasury for approval. My noble friend’s amendments are designed to give some local control and accountability, rather than having everything controlled by the Treasury and the Department for Transport, who clearly think that they know best about everything, but some of us have our doubts.
Earl Howe (Con)
Well, I note the noble Lord’s scepticism, which is long-standing, and can only say that I will relay his comments to the appropriate quarter.
I hope that the explanations I have given will be helpful to noble Lords opposite and that the noble Baroness, Lady Hayman, will feel able to withdraw her Amendment 92. As always, I would of course welcome conversations outside the Chamber if she feels those would be useful.
Baroness Hayman of Ullock (Lab)
My Lords, I will be brief as I think everyone is looking forward to the dinner break. I thank the Minister for his very thorough response to my amendments and for his offer at the end. That is extremely helpful and I appreciate it.
I thank all noble Lords who have taken part in the debate, particularly the noble Baroness, Lady Randerson, for supporting my amendments, which is much appreciated. I will make just one suggestion: if the Government are genuinely committed to levelling up transport in the north, could the next stage of HS2 start from the north and then work down? But at the moment, I beg leave to withdraw my amendment.
Monday 13th March 2023
(1 year, 9 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-V Fifth marshalled list for Committee - (13 Mar 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Pinnock (LD)
I thank my noble friend Lord Shipley and the noble Baroness, Lady Taylor of Stevenage, for raising issues in detail regarding mayoral names—or not—and some aspects of elections and powers, because that points to the fact that although we have a very long Bill with a huge number of clauses, a lot of the detail is insufficient for us to understand completely what the Government seek to do and how they hope these new CCAs and mayors—or not mayors—will operate.
An important issue is in Amendment 103, about what happens if the current mayor stands down for whatever reason. That would be worth knowing for all of us who live in combined authorities.
The second important thing is about the scrutiny of deputy mayor appointments. One would hope that a panel of members who are not of the same party as the mayor would interview and scrutinise the appointment of the person, who will have significant powers conferred on them simply because they are a mate of the mayor; that never seems appropriate. There are a number of other probing amendments in this group, including that of my noble friend about “governors”. It will be interesting to hear what the Minister has to say, but it points to the fact that the Bill has not been as well thought through as it might have been.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, this group of amendments relates to some detailed mayoral matters including by-elections, the scrutiny of mayoral appointments, police and crime commissioner functions, deputy mayoral roles and alternative titles for the mayor. I thank noble Lords who have taken part in this short debate.
Turning to Amendment 103 tabled by the noble Baroness, Lady Taylor of Stevenage, I assure her that there are provisions which will enable a by-election if the position of the mayor of a combined authority becomes vacant. Paragraph 3(d) of Schedule 2 provides that the Secretary of State may by regulations make provision about the filling of vacancies in the office of the mayor of a combined county authority. This would include provision for a by-election where that is the appropriate mechanism for filling the vacancy.
Baroness Pinnock (LD)
If I heard right, the answer to the question of what would happen if the mayoral position were vacant was that the Secretary of State would, by regulation, have the power to decide whether it would be filled by an election or not. What would the “or not” mean? Did I misunderstand that point?
Baroness Scott of Bybrook (Con)
No, the noble Baroness did not misunderstand. It is important that we wait for those regulations to come out. There could be a point where the mayor stood down a month before an election; there may be a period of time when there has to be a decision, as you would not have two elections close together. The regulations are what is important here. We will wait to see further detail that is being worked up, but I assure her that it is expected that there would be a by-election.
Lord Stunell (LD)
The Minister has mentioned that we should wait for the regulations. It might be helpful in this instance and several others if it were possible to bring forward some draft regulations to help us understand the direction of thought that the Government are taking. We are all well aware that, by the time regulations are laid before the two Houses, the opportunity for parliamentarians to make informed and useful comments will be very limited. A quick look at the Government’s direction of travel on this and, I may say, many other matters, in the way of draft or outline regulations would be helpful.
Baroness Scott of Bybrook (Con)
That is understood. I will take that back and do what I can; I will see what we have already.
On Amendment 115 tabled by the noble Baroness, Lady Taylor of Stevenage, I agree with her that the decisions of a mayor of a combined county authority should be—as I said earlier—subject to effective scrutiny, as should those of any leader of any council. Devolution should combine strong, empowered local leaders with strong accountability, but also transparency. The Government will publish a new devolution accountability framework to ensure that all devolution deals lead to local leaders and institutions that are transparent and accountable.
Schedule 1 provides that a combined county authority will be required to have at least one overview and scrutiny committee, as we discussed earlier, which can review and scrutinise decisions made or actions taken by the combined county authority and the mayor. The schedule provides that the Secretary of State may make regulations about the overview and scrutiny committee, including membership, voting rights, payment of allowances, chair, appointments of scrutiny officers, circumstances in which matters may be referred to the committee, and the obligations on persons to attend and respond to reports that the committee issues. This will ensure a robust framework within which overview and scrutiny committees will operate.
We think that this gives sufficient scope for local scrutiny on decisions taken by the CCA or mayor, such as the appointment of a deputy mayor by the mayor from among the combined county authority’s membership, if that is considered appropriate. I make it clear that the statutory deputy mayor will have to come from the members of the CCA—from those local authorities. It is not the same as a deputy mayor for police and crime, who could come from somewhere else, because they would possibly be required to have different experience and background. I hope that makes sense. It is quite important that we have those two deputies separated.
On Amendment 116, tabled by the noble Baroness, Lady Hayman of Ullock, we agree that information on funding should be available, and I can reassure the noble Baroness that that will be the case. Information on the funding available to a combined county authority and mayor will be in the public domain. The deal agreed between the Government and the area sets out both the funding arrangements and the powers to be conferred on the combined county authority and the mayor. The deal document is published and therefore publicly available. There must also be a public consultation locally on the area’s proposal to establish a combined county authority. We expect this to set out how the CCA will work and include the powers to be conferred on the CCA and the mayor and the funding available. The final proposal, which must be accompanied by a summary of the consultation, will constitute the formal submission to the Secretary of State seeking the establishment of the CCA.
In Amendment 117, the noble Baroness, Lady Hayman, probes whether there should be an annual summit of the CCA mayors. The existing combined authority mayors have themselves established the M10 group to enable them to work together. The Government engage with this group on a regular basis. We expect the M10 and the new combined county authority mayors to consider how best to work together. We think a locally led arrangement is better than a centrally imposed approach, and I expect it will evolve as more areas agree devolution deals.
In tabling Amendment 118 to Schedule 3, the noble Baroness, Lady Taylor of Stevenage, is seeking to prevent a combined county authority taking on part of the police and crime commissioner role. Schedule 3 provides further detail, setting out the matters on which the Secretary of State either may or must make regulations to enable a transfer of police and crime commissioner functions to a combined county authority mayor. It provides the framework and arrangements for the mayor to exercise these PCC functions on a day-to-day basis.
The amendment would limit the ability of the Secretary of State to determine an appropriate limited scope to the conferral of PCC functions to combined county authority mayors. Combined county authority and combined authority mayors should have parity where possible to ensure that all areas of England have the same options. The schedule achieves this consistency by mirroring the scope of regulations that govern the conferral and exercise of police and crime commissioner functions by combined authority mayors, as set out in Schedule 5C to the Local Democracy, Economic Development and Construction Act 2009. The amendment would create an inconsistency between the schedule governing the making of regulations related to combined county authority mayors’ exercise of PCC functions compared with its equivalent for combined authority mayors, leading to unnecessary inconsistency in the legislative framework for the PCC model.
Baroness Taylor of Stevenage (Lab)
I am still a bit confused about this. The Bill says that some mayors taking on police and crime commissioner powers can take certain powers to themselves and others can take others, so you end up with a picture around the country where they have different powers in different places. That was my concern, not that there would be an inconsistency between police and crime commissioners and mayors. What I wanted to understand with the amendment was whether, if the powers of the police and crime commissioner are transferred to the mayor, they will all be transferred. We do not want a different picture around the country depending on which powers of the police and crime commissioner have been moved over.
Baroness Scott of Bybrook (Con)
All the powers will go. There will not be half a PCC left. Does that make sense?
Amendment 119, tabled by the noble Baroness, Lady Taylor of Stevenage, seeks to allow the person appointed as statutory deputy mayor of the combined county authority to also be appointed as the deputy mayor for policing and crime. Schedule 3 prevents this because the deputy mayor and deputy mayor for policing and crime are two distinct, separate, and weighty roles. The role of the statutory deputy mayor is to step in and act as mayor should the mayor be unable to act or if the office of mayor is vacant for a time, as well as assisting across a whole range of general mayoral functions where applicable.
The deputy mayor of a combined authority is typically also a council leader, and we anticipate this will likely also be the case in combined county authorities. This would mean that this person is already accountable for the decisions and activities of the council they lead, in addition to their combined county authority responsibilities, where they will be accountable collectively, and possibly personally, for some of the CCA decisions, including personally for the mayor’s functions if the mayor cannot act. The role of the deputy mayor for policing and crime is to dedicate constant focus and attention to crime and policing and is usually a full-time role. Clearly, both the roles of deputy mayor and deputy mayor for policing and crime are significant and we believe that they should remain separate and distinct.
Amendment 124, tabled by the noble Lord, Lord Shipley, seeks to allow CCA mayors to be called by their choice of alternative title. Clauses 40 and 41 already enable mayoral combined county authorities to resolve or choose to use an alternative title to “mayor” for their directly elected mayor. They can choose from a shortlist of titles listed in the Bill, or a different title not on the list, having regard to other titles used in the area. I understand where the noble Lord is coming from regarding the fact that the title “mayor” is beginning to take on some level of credence within the country, but if you come from a particularly rural county area—I counted last night that where I was leader of a council, we already had 16 mayors—an elected mayor would be confusing for some people. The role of a mayor in some rural areas is seen as a civic role, rather than a leadership role, which is very different.
Lord Shipley (LD)
I say to the Minister that the problem applies in urban areas too; it is not specifically a rural issue. If you look at Merseyside and Liverpool, you will see a mayor, a ceremonial mayor and a combined authority mayor—you have three already. The public work with that, but what I am challenging is whether people being able to choose their own title for their area will not be more confusing, because if you use the word “governor” or a variation on that theme, the question then arises: “What are those powers?”. People at least have some idea what a combined authority mayor is actually about.
Baroness Scott of Bybrook (Con)
These decisions, as with many, have to be taken locally because local people will understand better than anybody what is right for their area. I have given the Committee my personal views from when we were considering mayors—I just thought it would be confusing.
Lord Stunell (LD)
I approached it from the opposite direction: if indeed it should be a matter for local people to decide because they are best equipped to understand what terminology might be appropriate, why does the Minister feel that it is sensible or suitable to have a defined list from which they must choose, rather than doing exactly as she said by exercising their discretion in relation to their own area and locality?
Baroness Scott of Bybrook (Con)
It is not a defined list, as I said. There is a list which I assume probably came from consultation on the White Paper, and things that people have already said they might like to use. They can choose from that shortlist, but they can also have a different title that is not on the list. The choice is theirs.
Baroness Taylor of Stevenage (Lab)
I thank the Minister for her detailed responses and the other noble Lords who have taken part in the debate. The noble Baroness, Lady Pinnock, mentioned that the detail in the Bill is insufficient on how CCAs operate. That goes to the heart of a lot of these amendments. We have tabled a lot of probing amendments to try to find out some of the detail about how all this is going to work.
In relation to Amendment 103 and the appointment of deputy mayors, in local government we have an appointments committee, as the Minister will know, which oversees the appointment to local authorities of any senior post. When we tabled the amendment, we had not understood that it was going to be essential that the deputy mayor would be one of the councillor members of the CCA. I hope that we have been able to clarify that through the submission of this amendment.
Matters of governance and constitution are essential. I would normally say I understand that we have to wait for regulations, statutory instruments and so on, but as this will be such a major change for our areas, it is important that both the local authorities and the members who will enact this legislation—and the members of the public who are going to live in the new CCA areas—understand in great detail how it is going to work before we go into the new system. The noble Lord, Lord Stunell, made a comment about having some draft regulations in front of us before we get to the end of the Bill. That would be incredibly helpful.
On provisions for by-elections, I understand the Minister’s comments about that being in the schedule. However, it sounds as if it will be a little in the hands of the Secretary of State as to whether to call for an election. That gives me a bit of concern because if a local councillor resigns midterm, you have to hold a by-election if the members of the electorate call for it. Unless it is very close to an upcoming local election, you have to do that between elections. I do not see any problem with having something further in the Bill so that we could understand how that works. It would be the same process, in effect, as for a local councillor.
On Amendment 115, I understand the responses. But would the accountability include the PCC or the mayor as PCC? The Minister mentioned a whole raft of accountabilities that the mayor comes under. Would it include the PCC and the mayoral role as PCC? I would like to understand that a little better. Is the whole policing element of the mayor’s role going to be undertaken a bit under the radar, as it is now, by a local policing committee?
On Amendment 116, the noble Baroness said that the deal agreed sets out the funding arrangements and that it is a public document. It was helpful to have that clarified. Her response to Amendment 117 was that there is an existing body, the M10 group of CCA mayors, and it is helpful to know that the Government expect mayors to participate in some kind of forum.
On Amendment 118, the schedule sets out the functions. Thanks to the responses we have had, we now know that they would be the same options, whether it was going to be a police and crime commissioner or the mayor undertaking those duties. I want to just ask one further question: does that mean that the deputy mayor for crime and policing does not have to be a councillor member of the CCA? Could that person be just appointed from outside the CCA? We would take an interest if that was the case.
On the list of titles, we just disagree. The amendment states quite clearly that we think it should just be left to authorities to determine that; there is no need for a list of titles on the face of the Bill. We have been told over and again that we do not need so much detail in the Bill, but in this case we have a whole list on the face of the Bill that we think is entirely unnecessary.
I am grateful for the points about communication because it is really important that, with a new system like this, the public understand exactly what is happening. If there is to be change to the title that should be communicated. “Communicated” is not as effective as I would like it to be. I would like them to be consulted on it, but communication is better than nothing.
That said, I am happy to withdraw my amendment for now. I stress the point that the noble Lord, Lord Stunell, made about having some draft regulations in front of us so that we can understand very clearly exactly what the provisions are. If the noble Baroness could write to us about the issue of the deputy mayor with responsibility for police and crime functions and whether that person is going to be a councillor or not, that would be helpful.
Baroness Scott of Bybrook (Con)
I am happy to answer that straight away. That person does not have to be a councillor. The statutory deputy mayor needs to be a councillor and the police and crime one does not.
Baroness Scott of Bybrook
“(4) Until the coming into force of paragraph 5 of Schedule 8 to the Elections Act 2022 (amendment of paragraph 8(3) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 relating to candidacy rights of EU citizens), sub-paragraph (3) has effect as if for the definition of “qualifying citizen” there were substituted—““qualifying citizen” means a person who is a qualifying Commonwealth citizen or a citizen of the Republic of Ireland or a relevant citizen of the Union, within the meaning given in section 79 of the Local Government Act 1972;”.” Member's explanatory statement
This amendment reflects the fact that the definition of “qualifying citizen” in paragraph 7(3) of Schedule 2 follows the definition of that term in paragraph 8(3) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 as amended by paragraph 5 of Schedule 8 to the Elections Act 2022, which is not yet in force. It therefore ensures that the definition in the Bill tracks that in the 2009 Act while the amendment to the latter by the 2022 Act is not force.
Baroness Scott of Bybrook (Con)
My Lords, we have tabled a number of consequential, minor and technical amendments for combined county authorities. The consequential amendments are to existing legislation, to ensure that it applies to combined county authorities where necessary. This will mean that the CCA model can work in practice as a local government institution. It will also mean that CCAs have parity with combined authorities where it is required to make the model a viable alternative to areas with two-tier local government.
The other minor and technical amendments are to amend the Bill to update references to legislation that gained Royal Assent in 2022, including the Elections Act and the Local Government (Disqualification) Act, which will affect the combined county authorities. Though they amend other Acts, these amendments do not extend provisions any further than the remit of the previous clauses. Given their importance to enabling the combined county authority model to work effectively in practice, I hope noble Lords will support these amendments.
Lord Stunell (LD)
I will speak very briefly; I will certainly not debate with the Minister all 35 amendments. I am taking on a brief inspection that these are indeed just minor and consequential. I want to use this as the opportunity to say that the Minister has written to us today, advising us of a whole range of further amendments that the Government will table. While most of them flow from the debates we have had so far, one particular amendment relating to the building safety regulator is completely off-piste, as far as I can see. In responding, can the Minister—perhaps being grateful for me not debating all 35 amendments—assure us that sufficient time will be given for us to think through some of the new amendments the Government have tabled today?
Baroness Taylor of Stevenage (Lab)
I am sure that the Minister will be pleased to know that I too will not debate all 35 amendments. They are largely consequential and drafting amendments. I noted that, earlier in today’s debate, the noble Earl, Lord Howe, referred to the consultation provisions contained in Amendments 151 and 152, so we will have a closer look at those, and we may write to the Minister, the noble Baroness, Lady Scott of Bybrook, if we have any further concerns on that.
I have one tiny question—forgive me: I know that it is late—on Amendment 143. The proposed new paragraph 7ZB in Schedule A1 to the Planning and Compulsory Purchase Act 2004 states:
“If the Secretary of State … thinks that a constituent planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document, and (b) invites the combined county authority to prepare or revise the document, the combined county authority may prepare or revise (as the case may be) the development plan document.”
I do not necessarily need an answer now, but I would be grateful if the Minister could write to me. Is it the Secretary of State or the constituent planning authority who invites the CCA to intervene in the preparation or revision of the document? That was not clear. The amendment also makes provision for the CCA to charge the non-constituent authority for work done on the development plan. Would those charges be agreed between both parties in advance, subject to a fee scale or limited fixed charges? I ask that question because it may be that the financial position of the constituent planning authority was the reason for the delay in the first place. It may be that, either in preparing the plan or if the recruitment of planning staff in the area is difficult, the authority is not in a position to increase salaries and so on, so if there were to be a massive charge to it from the CCA, that might be an issue. I am happy to take a written response to that question in due course.
Other than that, I have no questions or comments on the amendments.
Baroness Scott of Bybrook (Con)
I thank the noble Baroness for her offer; I would prefer to give a written answer to that question, because it was quite complicated, and I do not want to give the wrong answer.
On the question of sufficient time for the new government amendments, I will ensure that I talk to the usual people to give plenty of time for noble Lords to look into them, because they were more substantive than this group of amendments. Saying that, I beg to move.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment and the amendments in the name of Baroness Scott of Bybrook at page 259, line 25, page 259, line 27 and page 259, line 28 correct drafting errors, in that references to various kinds of regulations should be references to various kinds of order.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment is consequential on the second amendment in the name of Baroness Scott of Bybrook at page 260, line 10.
Wednesday 15th March 2023
(1 year, 9 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-V(b) Amendment for Committee (Supplementary to the Fifth Marshalled List) - (15 Mar 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Hayman of Ullock (Lab)
My Lords, I completely understand why the noble Baroness, Lady Harris, has brought her concerns forward. This is clearly a really important issue in Yorkshire, where she lives. I also think it draws to your Lordships’ attention that much in the Bill is perhaps not as straightforward as it would appear at first glance, and that things affect different areas in different ways. Perhaps the Government should look again at some parts of the Bill where there will be different impacts from those perhaps originally envisaged. The noble Baroness, Lady Harris, has drawn attention to one of these areas.
The noble Baroness mentioned the National Fire Chiefs Council. This is an opportunity to put on record the National Fire Chiefs Council’s response to the Government’s recent review of police and crime commissioners, as that puts it in the context of these clauses and our discussions about how the Bill relates to fire services and PCCs. The Government’s review looked at fire services, policing, governance and voluntary and community organisations. There were certain specifics relating to fire. The Government said that they would further look at:
“Consulting on whether to mandate the transfer of fire and rescue functions to the Police, Fire and Crime Commissioner model across England where boundaries are coterminous, unless there is an option to transfer fire governance directly to an elected Mayor … Legislating to create operational independence for Chief Fire Officers and to clearly separate and delineate strategic and operational planning for fire and rescue … Considering options to clarify the legal entities within the PFCC model.”
They stated that
“the Government is clear that further reform of fire and rescue is required in order to respond to the recommendations from Phase 1 of the Grenfell Tower Inquiry, the Kerslake Review and to build on the findings from Sir Thomas Winsor’s State of Fire and Rescue Report”.
Any reform would
“focus on three key areas: people; professionalism; and governance”.
In response, the National Fire Chiefs Council said
“if fire services are governed by a Police, Fire and Crime Commissioner (PFCC)”—
we already know that some already are—
“it is imperative CFOs roles are safeguarded and have the same standing as a Chief Constable. Currently, Chief Constables … act as the employer and have operational independence. The same operational positioning for CFOs is vital, together with”
a wider status sitting alongside police forces. We know that fire services are driven by risk and risk factors; they are not as demand-led as police forces, and a number of key operational, organisational and cultural differences sit between the two services. When working with them, we need different approaches; there are different functions, and a different kind of political understanding needs to come with that.
We only need to look back over the last couple of years to see the response to the pandemic and how fire services were able to adapt quickly to the frequent challenges which emerged. However, it also showed that there are some areas that need reform to ensure that the public continue to receive the outstanding response they expect. We know that the public have huge respect and support for our fire services.
We must not forget the role of the fire services to serve communities, putting them first while reducing risk and saving lives. We must not lose sight of that when making reforms, because any reform that happens will be a pretty major undertaking and will need to be resourced appropriately. If changes come from the Bill to the way fire services are managed, we must not lose resources, and they must be carried out in a consistent, joined-up manner.
There also has to be proper clarity around the political leadership. How will that operate? With appropriate political oversight, CFOs will be well placed to deliver the operational running of services, using strong data and the evidence they need. However, if we are moving in the direction that the Bill is suggesting, there must be a democratic mandate, good governance, accountability and robust political decision-making, otherwise there is a risk of undermining the community’s trust in those services, which is critical.
We also need clear lines of responsibility, and we should have national guidance and standards on this for all forces, PCCs and fire services to follow. Any strategic direction of budgets has to be properly evidence-based, with clearly defined roles for the people who are part of those services.
To conclude, one of the things we are concerned about, which came across in the earlier contribution from the noble Baroness, Lady Harris, is the confusion presented by so many different models, both those which currently exist and those which will be expanded by the proposals in the Bill. So clarity going forward is critical.
I turn, very briefly, to Amendment 122A, tabled by the noble Lord, Lord Stunell. He is absolutely right to be concerned about the fact that the Secretary of State in this part of the Bill is basically being allowed to do whatever they like. The whole Bill has been pitched as devolving power, but this is centralising power, and it goes against the spirit of what we felt the Bill proposed to be. We need proper checks and balances on any powers given to PCCs and the Secretary of State, so we completely support the noble Lord’s amendment. Any Secretary of State should not be able to amend, revoke or repeal at a whim.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, this group of amendments relates to the ability of combined county authority mayors to take on fire and rescue functions. On issues raised by the noble Baroness, Lady Harris of Richmond—it is very nice to see her; we miss her in the House—Clause 32 enables the mayor of a combined county authority to exercise fire and rescue functions in the same way that a mayor of a combined authority can. We have seen this already in Greater Manchester, where the mayor has taken on the police and crime commissioner role and fire and rescue functions.
This allows public safety functions to be taken as a package where there is a local desire for this—we are not imposing it—and boundaries are co-terminous. It is worth noting that this is a choice for the local area, allowing the decision to be taken at the most local level, in line with the principle of localism. We are also keen to ensure that, whenever possible, the functions of combined authorities and combined county authorities should be the same. This starts to answer the noble Baroness opposite: we are trying to simplify things; we are not trying to add different complications. We are trying to make the combined authorities and combined county authorities—
Baroness Pinnock (LD)
I apologise for interrupting the Minister. She has said that the decision will be made only if it is supported democratically. Yet Clause 33(4)(b) says that
“at least two thirds of the constituent members of the CCA”
can indicate that
“they disagree with the proposal for the regulations to be made”,
and Clause 33(5) says that the mayor, in providing a report to the Secretary of State, must give their response to those same proposals. I thought that democracy was about winning the argument, not finding a way around it.
Baroness Scott of Bybrook (Con)
The Secretary of State would have an independent review of the decision and would make a decision taking all that into account.
We are also keen, as I say, to make sure that those combined authorities and combined county authorities operate in the same way to ensure this consistent approach to devolving these functions to mayors, whether they are leading a combined authority or a combined county authority. This clause achieves that for the exercise of fire and rescue functions by replicating the existing provisions in the 2009 Act.
I turn to issues raised by the noble Baroness regarding Clause 33. The single-employer model is just one option available to combined county authority mayors with both police and crime and fire and rescue authority functions, allowing the area’s chief constable to run both operational services. A mayor of a CCA could seek to utilise the model if they felt that doing so would deliver a more effective service. To go back to the noble Baroness, Lady Pinnock, if we are talking about fire and rescue and police and crime, an effective service is one that keeps people safe; that is their job and I suggest that, if it is effective, that is exactly what they are doing.
As far as York and North Yorkshire are concerned, the fire and rescue service and the police and crime functions are, as the noble Baroness said, already adjoined, but without the use of a single employer. That has not been taken into account in York and North Yorkshire, and there is no reason to think that the mayor will do that. At the moment, the combined authority still has to go through parliamentary approval, so that will be something for local people in the future.
Clause 33 sets out the process required for the mayor of a combined county authority to request fire and rescue functions. The clause is an important part of the procedure to be followed when fire and rescue functions have been conferred on a combined county authority mayor as part of the single-employer model. It ensures that there is sufficient scrutiny from both constituent councils of the CCA and the public because it requires the mayor to provide a report setting out an assessment of the benefits of the conferral and a summary of the public consultation carried out, along with a specific summary of representations from the constituent members of the CCA and the mayoral response to them.
This clause also contains further scrutiny to make sure that any proposal will deliver more effective services for an area. The Secretary of State has to obtain and publish an independent assessment of a proposal from a combined county authority mayor if two-thirds or more of the constituent members of the CCA oppose the transfer. The Secretary of State will then agree to transfer the functions only if they consider that doing so is in the interests of public safety for that area.
Removing the clause would remove key conditions for fire and rescue functions to be transferred to the mayor of a combined county authority and could therefore potentially lead to proposals going forward that have not been subject to either sufficient consultation or robust assessment. This in turn could lead to an ineffective implementation of the model and inconsistent application of it between areas.
I move on to issues the noble Baroness raised regarding Clause 34. This clause enables the Secretary of State to make provisions relating to the administrative operation of fire and rescue services, should a combined county authority mayor request these functions and transfer them to their chief constable to carry out on their behalf under the single-employer model. The clause is necessary because it enables there to be a scheme to transfer property, rights and liabilities as part of implementing the single-employer model. It also allows the chief constable to appoint staff as part of delegating their fire and rescue functions, subject to the necessary and important restrictions on who can carry out these responsibilities so that operational independence between policing and fire is maintained.
Removing this clause would make it very difficult for the chief constable to carry out their functions under the single-employer model, because they would not have access to key assets or be able to effectively resource their delivery. This would therefore lead to an ineffective implementation of the model and would hinder its day-to-day operation in a way that could ultimately impact on the successful delivery of these public safety functions for the area concerned.
On the issues raised by the noble Baroness on Clause 35, this clause sets out safeguards governing the exercise of fire and rescue functions where the single-employer model is being operated. These include a requirement on the chief constable to make sure that they secure good value for money, and an obligation on the CCA mayor to hold those exercising functions under the model to account. This clause is another important part of the process and procedure to be followed when these functions have been conferred on the mayor as part of the single-employer model. Where possible, the processes for handling the functions available to be conferred on combined county authority mayors are the same as those for combined authority mayors and subject to the same requirements.
Removing the clause would mean that the single-employer model would work less well in practice because important safeguards on the exercise of fire and rescue functions under the model would be lost. This in turn would lead to ineffective implementation of the model and inconsistent application of it between areas.
I turn to issues raised by the noble Baroness in relation to Clause 36. This clause enables the Secretary of State by regulation to make provisions corresponding to Part 2 of the Police Reform Act 2002 dealing with complaints and conduct matters. This clause is an optional power to be used when these functions have been conferred on a combined county authority mayor as part of implementing the single-employer model. It specifically relates to complaint and conduct matters for members of a police force and their civilian staff or members of staff transferred to a chief constable or appointed by them where they are exercising functions under the single-employer model.
Removing the clause would mean that the methods for dealing with complaints and conduct matters could not be specified for those carrying out functions under the single-employer model where a combined county authority mayor has decided to use it to exercise their police and crime and fire and rescue functions. Without this clause, it would be much more difficult for any complaints and conduct matters to be handled consistently and efficiently, thereby hindering the effective implementation and day-to-day operation of the single-employer model.
Clause 37 allows the Secretary of State to transfer the application of fire and rescue provisions under Section 32 to specified persons where regulations have transferred these functions to the chief constable of the area. Removing this clause would mean that the Secretary of State would not be able to make further provisions applying a fire and rescue enactment or new corresponding provisions in relation to chief constables to whom fire and rescue functions have been delegated as part of the use of the single-employer model. As such, removing this clause would hinder the effective implementation of the single-employer model.
Amendment 122A, tabled by the noble Lord, Lord Stunell, relates to powers under Clause 38.
Lord Scriven (LD)
I have listened very carefully both to the speeches that were made regarding the power of fire and rescue and police being together and the noble Baroness’s answers. I assume the purpose of this is not just an administrative difference but actually to improve the services of fire and police to people where this merger happens. Has the Minister looked at the four areas where this has happened, and His Majesty’s inspector of fire and police? Do those areas actually have a better service, an average service or a worse service than the national average?
Baroness Scott of Bybrook (Con)
I cannot answer the noble Lord in detail, but I will look into it and make sure he has those comparisons and knows what they are.
Lord Scriven (LD)
I can help the noble Baroness: having looked at the comparisons, I can say that they are actually below the national average. So, what is the purpose of going through this huge administrative issue if it does not improve the services to people on the ground?
Baroness Scott of Bybrook (Con)
Because this is localism. If local areas want to take on those responsibilities, the Government have been listening to local authorities and combined authorities and listening to the fact that they want to take these on. The fact that there are only a few of these combined police and crime responsibilities and fire and rescue responsibilities—at the moment, there are not very many—means that it is quite difficult to tell, but we need to keep an eye on it, obviously, and I will come back to that in a minute under Amendment 122A.
The Secretary of State has power under this clause, as we have heard from the noble Lord, Lord Stunell, to apply legislation relating to police and crime commissioners in relation to combined county authority mayors where the single-employer model—that is, the ability to make the chief constable the single operational head of both the police force and the fire and rescue service—has been engaged. Clause 38(4) provides a power to amend, revoke or repeal legislation consequential on that power. This is important because of exactly what the noble Lord opposite said: this is the power that could be used if any area has implemented the single-employer model but the chief constable is failing to manage the F&RS effectively. The Secretary of State may wish to revoke the implementation of the single-employer model and use this provision to do so. I think this is the power we have put in to ensure that exactly what the noble Lord opposite says need not happen.
Lord Stunell (LD)
I thank the noble Baroness for her response, which I am not sure entirely clarifies the situation. What she seems to be saying is that the Bill introduces a new scheme whose outcome is so uncertain that we need an extra provision for it to be changed if it goes wrong. That is in light of what my noble friend has just said, which is that the four actual examples that exist at the moment have all performed below average. So, in that sense, her caution about having such a power is perhaps quite sound, but does that not rather indicate that the model itself should not go ahead in this form until the Government are satisfied that it will achieve the objectives of improved performance, or at least not deteriorating performance, before she proceeds?
Baroness Scott of Bybrook (Con)
With the greatest respect to the noble Lord, I do not think we will not know exactly until we try it, but there will always be this power to say that, if those local people are not getting the service they require, the Secretary of State can revoke.
Lord Stunell (LD)
I think I am right on this, although the noble Baroness might correct me. I got through the first 38 clauses and I think this was the first time I saw this particular revocation and amendment power being given to the Secretary of State. I believe that would have the effect of that amendment being made without any further reference to Parliament, other than through a set of regulations that we cannot amend—so its absence would simply mean that, should something need to be corrected, it would come back to Parliament. Is that interpretation correct?
Baroness Scott of Bybrook (Con)
No, it is a power for the Secretary of State.
The amendment seeks to remove the power of the Secretary of State to make consequential amendments to such legislation. The effect would be that the Secretary of State could still apply police and crime commissioner legislation in relation to a combined county authority mayor or chief constable but could not make any necessary consequential amendments to reflect a change of circumstances. This limitation is undesirable and would result in flawed and inconsistent legislation in this area.
Finally, I will address the issues raised by the noble Baroness on Clause 38. This clause allows the Secretary of State to make regulations applying legislation that relates to a police and crime commissioner to a combined county authority mayor or a chief constable where the combined county authority mayor has adopted the single-employer model. Removing the clause would hinder the effective full implementation of the single-employer model because it would mean that the Secretary of State could not make further regulations applying local policing enactments or new corresponding provisions in relation to mayors of combined county authorities who have implemented the model.
I hope that my explanation will reassure the noble Baroness and the noble Lord of the importance of this group of clauses to the effective conferral of fire and rescue functions on combined county authority mayors, specifically on those opting to use the single-employer model to exercise these functions, and will therefore enable her to withdraw her opposition to them standing part of the Bill.
Baroness Harris of Richmond (LD) [V]
My Lords, I thank the Minister for her comments. All the clauses stand together, so I need to read Hansard carefully and go through her comments on each clause. I believe there was some contradiction in what she said, so it is important that I am quite clear going forward that I have understood absolutely what has been said this afternoon. I thank all noble Lords who have spoken. I will withdraw my opposition at this point to the clauses standing part, but we will come back to this on Report.
Baroness Taylor of Stevenage (Lab)
My Lords, I am very grateful to my noble friend Lord Hunt for tabling the amendment. I take this opportunity to congratulate him on his 50 years in local government and the noble Lord, Lord Stunell, on his many years in local government. I went into local government in 1997. I was leader of my council for nearly 17 years before I joined your Lordships’ House, so I am the baby of the party here. However, I learned a few things along the way, as the noble Lord, Lord Jackson, kindly remarked. I want to cover some comments about my noble friend Lord Hunt’s amendment and to make some general points about the role of district councils in the new world that we are looking at following the Bill.
The big question here was asked by the noble Lord, Lord Mann, which is: where does democracy lie? This is a very important question. We think about it often in local councils. In previous sittings, we have heard set out clearly before your Lordships’ House the incredibly valuable role that district councils play in many of our communities in the UK, and I am grateful that this has been brought before us once again today. That is why it is so disappointing that the Bill, which purports to be all about devolution and bringing decision-making closer to people, seems to ride roughshod over the very tier of local government and the 183 councils that are closest to many people and communities. District councils outstrip county council colleagues and national government by a very long way indeed on issues such as helping people feel proud of their area, tackling social issues in our neighbourhoods, responding to and dealing with emergencies and, importantly, bringing the views of local people into decision-making in their local area. The figures are 62% for the district councils, 32% for county councils and 6%—yes, just 6%—for national government. As my noble friend Lord Hunt said, district councils cover about 40% of the UK’s population but, importantly for the purposes of the Bill, they cover 68% of the land of the UK.
In this country we already have the lowest number of elected representatives per head in Europe; France has 35,000 communes with mayors and Germany has 11,000 municipalities. It is the UK that has abnormal levels of underrepresentation, and our councillors lack the powers and finances of many of our continental counterparts. Across the country we have around 2,000 electors per district councillor, which may account for their approachability, whereas there are 9,000 electors per county councillor.
They also represent communities that people recognise —I think this is key for the Bill. The comments by the noble Lord, Lord Mann, were very important here; people relate to the communities represented by our district councils. Surely the Bill should aim to keep the devolution we already have, not snatch it away to bigger and bigger combined authorities. That does not sound like progress to me.
This is not to set up any false conflict or rivalry between counties and districts. We all have a job to do and county councils are currently doing a valiant job in very trying circumstances. But with the high-cost services at county level, such as adult care services and children’s services, impacting on around just 5% of the population, whereas district council services impact on 100% of the population, it is perhaps not surprising to see how valued district councils are by their communities. As well as environmental services like the ones that my noble friend Lord Hunt commented on—waste collection, fly-tipping, street cleaning, licensing and food safety—districts look after leisure, parks and culture. They often take a role in preventive public health initiatives—in my own borough we have a Young People’s Healthy Hub tackling mental health issues for young people—town centre and high street management, tourism and so on. They also deal with key strategic services. I take issue with the noble Lord, Lord Jackson, on this, because without key strategic services such as planning and economic development, there would be no levelling up. Leveraging £1 billion of town centre investment, as we have done in my borough, and £5 billion for a cell and gene therapy park—these are important contributions to the local area.
The noble Lord, Lord Mann, referred to neighbourhood planning, which is a key part of how we drive forward issues around housing. It is well documented that it is neighbourhood planning that has actually delivered housing; it is a very important part of what has been done. The noble Lord, Lord Stunell, referred to issues around the structure and architecture of the national development management policies. Frankly, I do not understand how this is going to work in the way it is currently set out in the Bill.
There are plenty of other contributions that district councils make. It was alarming to hear the Minister contend in our earlier session this week that
“councils do not deliver any of the services required by the PCC.”—[Official Report, 13/3/23; col. 1143.]
That does not take into account the very successful partnership working between district councils and the police. As well as managing CCTV systems and often funding neighbourhood wardens, districts have extensive programs for tackling anti-social behaviour and for drug and alcohol rehabilitation, and are often linked with Housing First provision, domestic abuse, engaging communities in setting local policing priorities and tackling enforcement issues in licensing, fly-tipping and environmental crime, to name but a few. During the pandemic, in two-tier areas it was often district councils that stepped up to either take on the support of those who were shielding or help mobilise hyperlocal resources to do so.
Forgive me for perhaps labouring the point a little, but the premise of the Bill, which seeks to override the very important role that district councils play in our communities, may be based on a misunderstanding or an outdated view of what district councils actually do. Of course, on planning issues, when we are looking at big strategic planning, districts have to work in partnership with other bodies—the health service, local enterprise partnerships and county councils—but I contend that this means they must have a vote and a voice around that table. Therefore, I support my noble friend Lord Hunt’s amendment in this group, as I have with others in earlier sessions that give district councils—and indeed town and parish councils—the voice that they deserve and that their communities expect them to have.
Earl Howe (Con)
My Lords, Amendment 125A tabled by the noble Lord, Lord Hunt of Kings Heath, brings us back to a set of issues that we have discussed in a number of our earlier debates: the question of which authorities can prepare a proposal for the establishment of a combined county authority and submit the proposal to the Secretary of State. The amendment seeks to add second-tier district councils within the proposed CCA’s area to this list of authorities. However, as the noble Lord is aware, the Bill provides that only upper-tier local authorities—county councils and unitary councils—can be constituent members of a CCA. District councils cannot be constituent members of a CCA and, as such, cannot prepare and submit a proposal for a CCA.
Let me take the Committee through the rationale for this approach. When CCAs come into being, they will ensure that there is a mechanism for strategic decision-making across a functional economic area or whole-county geography; in other words, co-operation over matters for which upper-tier local authorities already have responsibility.
In the Government’s view, therefore, it makes sense to enable upper-tier local authorities to decide, albeit following appropriate consultation, whether a CCA across a wider geographic area might offer advantages for such whole-county strategic decision-making. That is not to say that district councils should have no voice in the way a CCA comes into being; quite the contrary. While we believe that it is right for district councils not to form part of the constituent membership of a CCA, they are nevertheless key stakeholders in the devolution process. As we stated in the levelling up White Paper, while we will negotiate devolution deals with upper-tier local authorities across a functional economic area or whole-county geography, we expect county councils to work closely with the district councils in their area during the formulation of the proposal and subsequently. This is exactly what has been happening to date, and we have been pleased to see it.
How can we ensure that the voice of district councils is heard as a CCA proposal is being put together? As discussed in Committee previously, authorities proposing a CCA must undertake a public consultation on the proposal. As key local stakeholders, district councils would be consulted. Their views would be reflected in any summary of consultation responses submitted to the Secretary of State for consideration.
The task of the Secretary of State is then to assess whether the consultation has been sufficient. In doing so, the Secretary of State will have regard to whether it reflects the views of a full range of local stakeholders, including district councils should there be any. The Cabinet Office principles for public consultations are very clear that those conducting a public consultation must consult the full range of local stakeholders, not simply local residents but businesses, public authorities, voluntary sector organisations and others with a legitimate interest. If the Secretary of State, mindful of those principles and in the light of the evidence presented, deems the consultation not to be adequate, they themselves must consult on the proposal. Any such consultation would include consulting district councils.
Baroness Taylor of Stevenage (Lab)
I thank the noble Earl for giving way. I do not accept the principle that the district councils in an area, which are the democratically elected representatives for their people, are the same as all the other stakeholders that the noble Earl referred to and just another consultee in this process. Fundamentally, that is where the discussions we have had on this so far have given us such a deal of trouble. District councils have an elected mandate from the people they represent. I appreciate that there are very strong rules around Cabinet Office consultations and so on in the principles that the noble Earl has set out, but surely there must be a different approach to district councils because of the elected mandate that their representatives hold.
Earl Howe (Con)
I obviously listened with great care to the noble Baroness when she made her initial intervention. I take on board the point she made, which I understand. It was made by other noble Lords. I am trying to set out for the Committee the direction the Government are coming from in framing the Bill’s provisions.
I just want to emphasise a point that I made in an earlier debate, which may not be sufficiently appreciated. I look in particular at the noble Lord, Lord Mann. The Bill in no way removes any powers or functions of district councils, which are rightly their own sovereign bodies and will continue to exercise their own powers and functions within the broader context of the CCA. Indeed, as we have already debated, we fully expect that, in many cases, CCAs will decide to give district councils a seat at the table as non-constituent members, should they deem that this will usefully inform decision-making. It would be open to a CCA to give voting rights to such a non-constituent member, if it considered this appropriate. It is right that we should give CCAs that freedom. The sub-strategic matters for which district councils are primarily responsible will often be directly germane to the strategic issues being considered and decided on at CCA level.
I was grateful to the noble Lord, Lord Stunell, for the points he made. As I am sure he is aware, we will immerse ourselves in the issues he raised on national development plans when we move to the parts of the Bill relating to planning, but I hope for now that that explanation will assist the noble Lord, Lord Hunt, in understanding why—
Lord Lansley (Con)
I apologise for intervening at this late stage, having made no speech, but I would like to ask a couple of questions of my noble friend that relate to Clause 43. The first is a simple one. There is a reference to a combined authority being able to make a proposal relating to a new combined county authority. I am confused, since I understood that a combined county authority would not be able to encompass any part of the area of an existing combined authority. Is it anticipated that circumstances might arise where a combined authority would transfer some of its area to a new combined county authority? That is just a question for future reference.
Secondly, the clause includes a reference, which we have seen before, to an “economic prosperity board”—which I take in most cases to mean local enterprise partnerships—having the right to make a proposal or having the requirement to consent to a proposal for a new CCA. The Government announced in the Budget today that they intend, as they put it, to withdraw support for local enterprise partnerships from April 2024. What does this imply? How does the business community have a voice and through whom, since the Government intend the functions of the local enterprise partnerships to be devolved to local government? Would my noble friend at least agree that something might be said about this at an early stage, before we complete this section relating to what an economic prosperity board is supposed to do?
Earl Howe (Con)
My Lords, I think that my best course is to write to my noble friend on both issues. He is perfectly right that Clause 43(2)(e) refers to
“a combined authority the whole or any part of whose area is within the proposed area”
as being a body to which the section applies; that is to say, a body which may prepare a proposal for the establishment of a CCA for an area and submit that proposal to the Secretary of State. It would be wise of me to set down in writing the kinds of circumstances in which we envisage that particular geographic area playing a part in the formation of a CCA. On the questions my noble friend raised on economic prosperity boards, I again think it best that I should write to him.
I say to the noble Lord, Lord Hunt of Kings Heath, that the policy for CCA establishment and operation, as reflected in the Bill, neither belittles nor marginalises the important role played by district councils. When a CCA is formed, any district councils within its geographic radius will be important stakeholders—it is very hard to see how they could not be—albeit alongside many others. However, they cannot be a constituent member of a co-operative local government grouping whose membership is determined by reference to strategic functions and powers which are the primary province of upper-tier and unitary authorities. That is the logic.
Lord Hunt of Kings Heath (Lab)
My Lords, it has been a very interesting debate; I am grateful to noble Lords who have taken part and to the Minister for his very careful response. At heart, I come back to the contributions from my noble friend Lady Taylor and the noble Lord, Lord Mann, on the importance of district councils to local democracy. It seems to me that there is a risk that they are ridden over roughshod in the Bill. I listened with care to what the Minister said at the end; it is interesting that he referred to them as being second-tier, but I am not sure that I accept that. I find that to be pejorative in itself. Housing, local planning and environmental health are not second-tier; they are the statutory body. There is a big risk here.
I have experience as a member of Birmingham City Council, where we had metropolitan counties and metropolitan district councils. To call Birmingham City Council second-tier to the then West Midlands County Council would have been greeted with absolute horror. I know that the powers were slightly different, because the met districts had more powers than the non-met districts, but the principle still arises.
I take what the noble Lord, Lord Jackson, said— I understand the point about leverage and economic development—but the noble Lord, Lord Stunell, is surely right in saying that the district councils’ own responsibility in terms of the preparation of development plans means that, tactically if nothing else, they need to have a seat at the table. The trouble with being associates is that it really does not convey the importance that the district councils have.
I also sympathise with the noble Lord, Lord Mann, when he talked about geographically incoherent CCAs—surely, he is right. I am afraid that I have to refer back again to 1974: the proposals were made during the Heath Government, when Peter Walker was the Environment Secretary, but it fell to the 1974 Labour Government to preside over the new arrangements.
Do noble Lords remember Avon County Council, Humberside County Council and Hereford and Worcester? They were hated because people did not accept that they were coherent authorities. Put Worcestershire and Herefordshire together and you begin to see some of the problems: these CCAs are very artificial architecture, are they not, really? We will see these large units that will appear so remote from the public. The argument here is that at the very least, surely, we should make sure that the non-met district councils have a proper role and seat at the place. There have been a number of amendments and debates, and I think that between now and Report we have to find a way to signify that district councils are important. Having said that, it has been a good debate and I beg leave to withdraw my amendment.
Baroness Taylor of Stevenage (Lab)
I do not disagree that audit is required. We debated that earlier on the Bill. The authorities mentioned are Conservative authorities, as in Northampton, where my good friends in Corby lost their council because of the actions of a council of another political persuasion. That is a political point, which I probably should not make here.
A proper consideration of the role of further fiscal powers, with full engagement of local government— I am not suggesting that this is done to us because it would go against all the principles that we are talking about—could provide the basis for an empowered, innovative and dynamic shift for CCAs and their constituent members, sitting alongside the completion of the fair funding review, which has been outstanding for years now and which we have discussed previously.
Baroness Scott of Bybrook (Con)
My Lords, Amendment 128 tabled by the noble Lords, Lord Scriven and Lord Shipley, relates to the potential fiscal powers of combined county authorities, although we were slowly moving into a debate on English devolution, which we should leave for another time.
As set out in the levelling-up White Paper, level 3 devolution deal areas can look to finance local initiatives for residents and businesses. These include regeneration through a mayoral precept on council tax, and supplements on business rates. The Government are already considering putting powers in the hands of local people through greater fiscal freedoms and are exploring this further fiscal devolution, initially through the trail-blazer devolution deals with Greater Manchester and the West Midlands combined authorities. Negotiations are ongoing and progressing well. It says in my notes that they are expected to conclude in early 2023, so I assume that it will be very soon.
Baroness Scott of Bybrook
“Landlord and Tenant Act 1954 (c. 56)
A1 In section 69(1) of the Landlord and Tenant Act 1954 (interpretation), in the definition of “local authority”, after “section 103 of that Act” insert “, a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023”.Trustee Investments Act 1961 (c. 62)
A2 In section 11(4)(a) of the Trustee Investments Act 1961 (local authority investment schemes), after “section 103 of that Act” insert “, a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023,”.Local Government (Records) Act 1962 (c. 56)
A3 The Local Government (Records) Act 1962 is amended as follows.A4 In section 2(6) (acquisition and deposit of records), after “section 103 of that Act” insert “, to a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023”.A5 In section 8(1) (interpretation), in the definition of “local authority”, after “section 103 of that Act” insert “, or a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023”.Leasehold Reform Act 1967 (c. 88)
A6 In section 28(5)(a) of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), after “section 103 of that Act,” insert “any combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023,”.Transport Act 1968 (c. 73)
A7 The Transport Act 1968 is amended as follows.A8 (1) Section 9 (Areas, Authorities and Executives) is amended as follows.(2) In subsection (1)—(a) in paragraph (a)(i), after “a combined authority area” insert “or a combined county authority area”;(b) after paragraph (ab) insert—“(ac) any reference to a “combined county authority” is to an authority established under section 7(1) of the Levelling-up and Regeneration Act 2023 for an area which is or includes a metropolitan county;(ad) any reference to a “combined county authority area” is to an area for which a combined county authority is established;”;(c) in paragraph (b), after sub-paragraph (ia) insert—“(iaa) in relation to a combined county authority area, the combined county authority;”.(3) In subsection (2), after “a combined authority area” insert “, a combined county authority area”. (4) In subsection (3), after “a combined authority area” insert “, a combined county authority area”.(5) In subsection (5) for “or a combined authority area” substitute “a combined authority area or a combined county authority area”.A9 In section 9A (general functions of Authorities and Executives), in each of subsections (3), (5), (6)(a) and (b), (7) and (8), after “combined authority area” insert “, combined county authority area”.A10 (1) Section 10 (general powers of Executives) is amended as follows.(2) In subsection (1), after “a combined authority area” insert “, a combined county authority area”.(3) In subsection (3), after “a combined authority area” insert “, a combined county authority area”.(4) In subsection (5), after “a combined authority area” insert “, a combined county authority area”.A11 In section 10A(1) (further powers of Executives), for “or combined authority area” substitute “, combined authority area or combined county authority area”.A12 In section 12(1) (borrowing powers of Executive), after “a combined authority area” insert “, a combined county authority area”.A13 In section 14(1) (accounts of Executive), after “a combined authority area” insert “, a combined county authority area”.A14 (1) Section 15 (further functions of Authority) is amended as follows.(2) In subsection (1), after “a combined authority area” insert “, a combined county authority area”.(3) In subsection (6), after “a combined authority area” insert “, a combined county authority area”.A15 In section 16(1) (annual report by Authority and Executive), after “combined authority area” insert “, combined county authority area”.A16 (1) Section 20 (special duty with respect to railway passengers) is amended as follows.(2) In subsection (1), after “a combined authority area” insert “, a combined county authority area”.(3) In subsection (2A), after “a combined authority area” insert “, a combined county authority area”.A17 (1) Section 23 (consents of, or directions, by Minister) is amended as follows.(2) In subsection (1), after “a combined authority area” insert “, a combined county authority area”.(3) In subsection (2), after “a combined authority area” insert “, a combined county authority area”.(4) In subsection (3), after “a combined authority area” insert “, a combined county authority area”.A18 In section 56(6) (assistance by Minister or local authority towards expenditure on public transport), after paragraph (bc) insert—“(bd) a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023;”A19 (1) Schedule 5 (Passenger Transport Executives) is amended as follows.(2) In Part 2, in paragraph 2, after “the combined authority area”, in both places it occurs, insert “, the combined county authority area”.(3) In Part 3, in paragraph 11, after “a combined authority area”, insert “, a combined county authority area”.Local Government Grants (Social Need) Act 1969 (c. 2)
A20 In section 1(3) of the Local Government Grants (Social Need) Act 1969 (provision for grants), for “and a combined authority established under section 103 of that Act” substitute “, a combined authority established under section 103 of that Act and a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023”.Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
A21 In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), after “section 103 of that Act,” insert “a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023,”.Local Authorities (Goods and Services) Act 1970 (c. 39)
A22 In section 1(4) of the Local Authorities (Goods and Services) Act 1970 (provision for grants), in the definition of “local authority”, after “section 103 of that Act,” insert “any combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023,”.”Member's explanatory statement
This amendment inserts various consequential amendments relating to the provisions about combined county authorities in Chapter 1 of Part 2 of the Bill.
Baroness Scott of Bybrook (Con)
My Lords, Amendment 157, tabled by the noble Baroness, Lady Pinnock, seeks to enable each local authority to choose its own voting system. In doing so, the
“local authority must have regard to the benefits of reinvigorating local democracy in its area.”
We agree that a vigorous local democracy is vital; however, we take a different view as to how this will be best provided for.
First, we are clear on the merits of first past the post as a robust and secure way of electing representatives. It is well understood by voters and provides for strong, clear local accountability. It ensures a clear link between elected representatives and those who vote for them, in a manner that other voting systems may not. For those reasons, we have provided that, from this May’s elections, first past the post will also apply in voting for local authority and combined authority elected mayors, and for police and crime commissioners.
Secondly, we do not believe it would be right for the voting system to be a matter of local choice for particular councils. It is important that the voting system be clearly understood by electors and that they have confidence in it. Having different systems for neighbouring areas risks confusing electors, and any such confusion risks weakening public confidence in the electoral process.
A council being able to choose its voting system would also risk political manipulation. For example, the current controlling group on a council could seek to choose a system that it believes would favour it. While I accept that there could be various safeguards to mitigate that risk, I do not consider that it could be entirely removed.
Elections are the foundations of local democracy, which is central to our values and our being a free society; we should protect and nurture it. I recognise that all noble Lords in this Committee share that view, but I am afraid that what this amendment envisages would in practice be the kind of tinkering with the foundations of local democracy that I am clear we should avoid.
Finally, there are already relevant provisions in place under the local government and public health Act 2007 which enable district councils to change their scheme of elections. Those councils electing by thirds, where a third of council seats are up for re-election in each of three out of every four years, can move to whole-council elections, where all council seats are re-elected at once, every four years, and some councils currently holding whole-council elections, which formerly elected by thirds, can resolve to revert to electing by thirds.
Perhaps more importantly, experience has shown the merits of whole-council elections: facilitating stable, strategic local leadership, and delivering a clear programme for which the council can be held to account by the electorate. We encourage those councils still not holding whole-council elections to consider using the powers which Parliament has given them to switch to such elections. We would not wish to see councils which have not previously done so moving to elections by thirds.
Before I finish, I will just remind noble Lords that we had a referendum on changing first past the post in 2011, and 67.9% of the population voted against any change.
Baroness Bennett of Manor Castle (GP)
Would the Minister acknowledge that that was not giving the public the choice of a proportional representation voting system, where the seats would match votes?
Baroness Scott of Bybrook (Con)
But it was about a change in the type of election and there was a very clear result against it. I consider that to be a very clear result in support of first past the post.
Therefore, although I appreciate the intentions behind this amendment, for all of those reasons I hope I have said enough to enable the noble Baroness, Lady Pinnock, to withdraw her Amendment 157.
Baroness Pinnock (LD)
My Lords, I thank all noble Lords who have taken part in this debate so that we can explore the issue, because it is a sort of twin part of fiscal devolution. This is not an arcane debate for election geeks; it is really important if we are going to renew our local democracy. The amendment is not asking very much; it is simply asking for local authorities to be allowed—there is an example of control from Whitehall—to choose their own voting system.
My noble friend Lord Stunell raised two important issues about first past the post. If electors feel that the outcome of an election is a foregone conclusion, they do not bother to vote. You can see that in turnouts across the country. It leads to apathy and cynicism, which are the last emotions that we need to see in our voters when we know that we need to reinvigorate our local democracy. Change is going to be important if we are going to narrow inequalities, which is what this levelling-up Bill should be all about. However, change can be divisive, so if you have a broader representation of views and hear more voices, you have a better chance of drawing people together to agree to a change—not cutting down trees in the middle of the night, which is apparently what happened in Tory-run Plymouth council.
I will just say one or two things about the response from the Minister. I thank her for replying and claiming that first past the post is the only one that allows the link with electors. So what are the Government doing then allowing Northern Ireland to use STV, Scotland to use STV for its local elections and Wales to use different systems? If it is so bad and does not make a link, what is going on here? Local government is powerful in those countries, and we need to make it powerful here.
My last point is that the Minister, if I heard her right, said that if we introduce a system where local authorities can choose which voting system they wish to use, the current political makeup of a council would choose a system that suited them. But the whole point of a more proportional system is that you cannot do that. It is up to the voters to choose. Putting the power in the hands of the voters seems a jolly good idea. With that, I look forward to trying to change the Minister’s mind and I beg leave to withdraw the amendment.
Earl Howe (Con)
My Lords, I am grateful to all noble Lords who have contributed to this debate. I remind the Committee that the Coronavirus Act 2020 contained numerous measures which were intentionally —and, in the Government’s view, rightly—time-limited as they were introduced in an emergency at great speed. The local authority remote meetings regulations arising from that Act gave local authorities the flexibility to meet remotely or in hybrid form. Since their expiry, all councils have reverted to in-person meetings and local government is back to how it operated pre-Covid and working effectively.
All three amendments in this group propose in different ways a relaxation of the rules relating to meetings held by local councils. Amendment 158, tabled by my noble friend Lady McIntosh of Pickering, leans directly into the regulations that expired on 7 May 2021, using powers in the Coronavirus Act 2020. In a related vein, Amendment 310, tabled by my noble friend Lord Lansley, aims to allow planning committee meetings of local authorities to take place virtually, as well as making related provisions for public access to meetings and remote access to meeting documents. Amendment 312D, tabled by the noble Baroness, Lady Taylor of Stevenage, is a probing amendment on a similar theme.
I have noted the powerful contributions made in this debate but I fear that I must give my noble friends and the noble Baronesses, Lady Taylor and Lady Hayman, a disappointing answer at this stage. The Government are of the view that physical attendance is important for delivering good governance and democratic accountability. As we in this House may recognise, there are clear benefits to democratic representatives debating and voting on matters in person rather than at the end of a video call. The nature of debate is different, and the nature of interaction is different, in a positive sense. There are benefits to the—
Baroness Hayman of Ullock (Lab)
These amendments do not preclude that, but give an option. Does the noble Earl not think that having that option would be a benefit?
Earl Howe (Con)
I completely appreciate that, but I ask the noble Baroness to hear me out. There are benefits, which we would all recognise, to the side-discussions that are facilitated by being physically next to colleagues, and these are not the only considerations. It is worth my reminding the Committee that there is no restriction on in-person council meetings being filmed or webcast to allow the public to view proceedings remotely. Indeed, the Openness of Local Government Bodies Regulations 2014 extended full rights for the press and public to record and broadcast council meetings.
I have listened carefully to my noble friends and to noble Lords opposite, who have argued, often from first-hand perspectives, for the current legislation to be changed. I am afraid that the most that I can do at this stage is to say that we will keep the matter under review, and I undertake that we will do so.
My noble friend Lord Lansley, and the noble Baronesses, Lady Scott of Needham Market and Lady Hayman of Ullock, asked me about the current position on the call for evidence and the government response. Conversations are continuing across government and as soon as possible after those conversations are concluded, we will publish a government response to the call for evidence, which will set out our intentions. However, for the time being, I must resist all three of these amendments.
Baroness Jones of Moulsecoomb (GP)
Can the Minister explain why your Lordships’ House allows virtual contributions but does not give councils the opportunity to do the same thing?
Earl Howe (Con)
That is one of the considerations we are looking at. The noble Baroness is quite right—she knows that there are certain of our number whom the House in its wisdom has decided should be allowed to contribute virtually. These things should be considered in the mix, but I am afraid I cannot give the Committee a definitive answer for the reasons I have explained.
Baroness McIntosh of Pickering (Con)
My Lords, I am grateful to everyone who has contributed to what has been an excellent debate; there was unanimity across the Committee. If the Government are not prepared to table an amendment encapsulating the points that were raised, it may be helpful to point out that, as the noble Baroness, Lady Hayman of Ullock, said, this is not an obligation on councils. We are simply extending the choice they enjoyed under the very strict Covid regulations to permit democracy to continue and allow councils to meet. A number of examples have been given. The noble Earl, Lord Lytton, referred to caring responsibilities being added to the others. Councils at every level—and I think it important to include them all: parish councils, right up to the highest level, where appropriate—should have the right to choose.
To answer the noble Baroness, Lady Pinnock, Filey to Northallerton is 57 miles. There are trains that take two hours 13 minutes one way, but they do not run at the time the council starts or ends the meeting. We have had a discussion about the weather and other reasons, such as incapacity, why individual councillors may not be able to attend a particular meeting. I find the arguments for the amendment very compelling; there is no downside that we have heard about. As the noble Baroness, Lady Scott, said, we do not know whether there is a downside, but if there were I think the Government would have been prepared to publish the evidence, because that would have strengthened their argument.
There are very compelling reasons for doing this: representation of both councillors and the public went up. However, I do not think we should make it obligatory. This House is allowed to meet virtually if you are incapacitated, or in committee; that is the committee’s choice. I would like to extend that same choice to councils at every level. I therefore propose to table—with cross-party support, I hope—an appropriate amendment on Report, unless my noble friend and the Government can table an even better one. The time to act is now. We are losing good councillors and members of the public who may not be able to attend for those reasons. For the moment, I beg leave to withdraw the amendment.
Wednesday 15th March 2023
(1 year, 9 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-V(b) Amendment for Committee (Supplementary to the Fifth Marshalled List) - (15 Mar 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, before I respond to the amendments in this group, I want to say that the Government recognise that parish councils have an important role in improving the quality of life and well-being of their communities. They have a close understanding of what their communities want and can design and procure the services which best meet those needs. They are vital to levelling up. I just wanted to add that before turning to these amendments covering parishes and neighbourhoods.
On Amendment 159, tabled by the noble Baroness, Lady Scott of Needham Market, the fact that there is no provision in current legislation for a sanction to suspend a councillor was a deliberate policy decision at the time of the Localism Act 2011 to differentiate it from the previous Standards Board regime. That regime was considered to have allowed politically motivated and vexatious complaints. The Government’s position on this remains substantially unchanged, as referenced in our response to the Committee on Standards in Public Life’s review of local government ethical standards.
This clause to suspend a parish councillor found to have breached their code of conduct would introduce inconsistency in the local authority standards regime across the other tiers of local government. On the rare occasions when councillors display poor behaviour, local authorities have options to issue sanctions on parish councillors. Councillors can be barred from committees or representative roles and may be publicly criticised.
I turn to Amendment 160, also tabled by the noble Baroness. This Government are keen to ensure that local communities are well represented in local authorities and that all levels of local government are supported to create thriving local democracies. While I thank her for raising this amendment, it would result in unknown but likely significant costs and pressures on the modest finances of many parish councils. For that reason, the Government resist the amendment.
Turning to Amendment 161, tabled by the noble Baroness, as set out in the levelling-up White Paper the Government are committed to undertaking the neighbourhood governance review as one of the six drivers of levelling up. The review will make it easier for local people and community groups to come together to set local priorities and shape the future of their neighbourhoods. The Government are taking the appropriate steps to deliver the review within the next financial year, 2023-24, and will ensure that a programme with a bold new approach to community empowerment is put in place. The success of this will require the collaboration of all partners in local government and civil society, as well as central government.
Turning to Amendment 162, tabled by the noble Baroness, the Government recognise the important role that town and parish councils play in their communities. Parish councils have the power to raise funds through precept, which they can ask their local billing authority to collect through the council tax system. There are around 10,000 parish councils in England, and I am sure noble Lords will agree that it would be disproportionately bureaucratic for central government to give funding to all of them directly. It is much better for them to raise that funding locally, according to the needs of their local communities. As for bids for certain grants, PCs can always work with other local authorities and their partners in an area for funds, including such funds as the LURB’s.
Amendment 163 is important to government. The intention of the Local Government Act 1894 was to provide a clear separation between parochial church councils and the newly created civil parishes. While it does not allow parish councils directly to contribute to the maintaining or improving of church buildings, other powers, as has been said, such as the Local Government Act 1972, allow parish councils to contribute to the upkeep of such buildings if it is deemed to be in their local communities’ interest. Section 19 of the Local Government (Miscellaneous Provisions) Act 1976 enables parish councils to provide assistance in respect of buildings used for public meetings or for recreational facilities.
We are aware that there are different interpretations of the laws surrounding this issue which have not been tested in the courts. As independent bodies, it is for parishes to decide what works best for them in their local communities and to ensure they act within the relevant legislation, taking legal advice where appropriate. If the noble Baroness will forgive me, I will not go further into this issue at this time because I look forward to debating it much more fully when the amendments in the name of my noble friend Lord Cormack and the right reverend Prelate the Bishop of Bristol are before the Committee. For the time being, however, I note the intention behind the noble Baroness’s amendment.
Turning to Amendment 164, tabled by the noble Baroness, the definition in the Localism Act 2011 of local authorities covers a parish council and enables such a council to do anything an individual might do, apart from that which is prohibited, obviously. The intention of the 2011 Act is to give local authorities confidence in their legal capacity to act for both their communities and in their own financial interests, in addition to providing them with more freedoms to innovate and work with others to run services and manage assets for the benefit of the local communities they serve. Parish councils vary in their ability and capacity to take on the enhanced roles and responsibilities of an authority with the general power of competence.
To make it clear to noble Lords, the general power of competence includes the council clerk having completed a course in local administration and two-thirds of the councillors having been elected. These are not easy things, they but are sensible when it comes to a general power of competence. The 2011 Act therefore makes extension of powers to parish councils conditional.
Regarding the concerns of the noble Baroness, Lady Taylor of Stevenage, about Clause 92, before a neighbourhood plan or development order can be put to a referendum, the local planning authority must be satisfied that it complies with certain legislative tests known as “basic conditions”. The purpose of Clause 92 is to update the existing list of basic conditions to ensure that neighbourhood development plans and orders complement the reforms to the wider development plans framework and meet future environmental assessment requirements.
More broadly, and to make the position clear to the noble Baroness, Lady Hayman of Ullock, and others, the Bill will strengthen neighbourhood planning. In future, decisions on planning applications will be able to depart from plans, including neighbourhood plans, only if there is a strong reason to do so. In addition to neighbourhood plans, as we have heard, communities will also be able to prepare neighbourhood priority statements, making it easier and quicker for them to determine the priorities and preferences for their local areas. These will feed into the local plan process and the local planning authority will also be required to consider them.
Clause 92(1) removes the historic inclusion of paragraph (e) under paragraph 8(2) of Schedule 4B to the Town and Country Planning Act 1990, which stated that a neighbourhood development order must be in general conformity with the strategic policies of the local authority’s development plan. It replaces paragraph (e) with paragraph (ea), which makes it clear that a neighbourhood development order cannot prevent housing development taking place in a location that has been proposed within the local authority’s development plan.
Clause 92(1) also introduces paragraph (fa) under paragraph (f) of paragraph 8(2) of Schedule 4B to the 1990 Act. This requires that neighbourhood development plans and orders comply with the environmental outcomes report framework that the Bill is introducing to replace the EU processes of environmental impact assessment and strategic environmental assessment.
In addition, Clause 92(2) introduces a new basic condition for neighbourhood plans, which sets out that they must not result in the development plan for the area proposing less housing development than would have occurred if the neighbourhood plan were not being made.
Lord Stunell (LD)
I thank the noble Baroness for her explanation. It is certainly helpful as far as the first parts of Clause 92 are concerned, but new paragraph (ea) is precisely the point I was raising: it requires a neighbourhood plan not to reduce housing allocation compared to the local plan, which is the current context. Bearing in mind that quite a few neighbourhood plans are being made in areas that do not have local plans, that raises another question, which we will park for the moment. If you put that floor at the level at which neighbourhood plans have to perform—in other words, you want everything to be above average compared to what we have now—does the noble Baroness not see that it undermines the flexibility that is the strength of neighbourhood plans?
Baroness Scott of Bybrook (Con)
No, I do not. One of the main issues that this or any Government will face is building houses, and allowing a neighbourhood plan to deliver fewer houses than a local plan is not acceptable.
On Amendment 506, tabled by the noble Baroness, Lady Taylor of Stevenage, the Government recognise the important role that parish councils play in improving the quality of life and well-being of their communities, which are at the heart of the Government’s six drivers of levelling up. The Government believe that the current provisions are adequate in addressing issues faced by the sector. These provisions provide tools and flexibilities to allow town and parish councils in England to adapt to local needs and circumstances. In Scotland and Wales, the devolved Governments also already have the tools to conduct a review of the provisions in this Bill and to make changes in relation to community councils. Noble Lords will agree that it is important for local people and community groups to come together to set local priorities and directions. I hope that the noble Baroness will feel able to withdraw her amendment.
Monday 20th March 2023
(1 year, 9 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-VII Seventh marshalled list for Committee - (20 Mar 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Lord Shipley (LD)
My Lords, my name appears on Amendment 428, together with that of my noble friend Lady Pinnock. I just want to say two things. First, I hope the Minister understands the seriousness of this issue. Proposals for the reform of business rates have been regularly promised in the past, and there is clear evidence that reform is needed.
Secondly, I draw the House’s attention to the announcement this morning, which will be furthered at a conference in Liverpool tomorrow, of the launch of the fiscal devolution report of the Northern Powerhouse Partnership. It makes five key recommendations: first, devolution of reform of the business rates system to all mayoral authorities; secondly, the creation of three new council tax super-bands; thirdly, devolution of stamp duty to local councils; fourthly, devolution of 1p of existing employers’ national insurance contributions for local transport services and infrastructure, as is done in France; fifthly, a tourism tax on hotel stays to support culture, protect the environment and improve visitor experiences.
There will be a debate about that and, as we have heard, consultation will be needed on how to reform business rates. The time has come for this to be taken very seriously and for proposals to be initiated. I hope the Minister can tell the Committee that that is what the Government intend to do.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, I thank the noble Baroness, Lady Hayman of Ullock, for setting out in Amendment 168B her suggested redistribution of the income raised by the council tax premium from upper-tier councils to district councils. The proposed premium will provide all councils, including district councils, with the opportunity, where they set a premium at the maximum level of 100%, to raise double the revenue from each second home in their area.
Revenue from council tax is essential for a wide range of councils, providing them with funding to make available a range of public services which best fits the needs of the local area. Under this amendment, in an area with two tiers of councils the district council would be able to retain all the income raised by the council tax premiums. This would disturb one of the key components of the council tax system—that local authorities should calculate their council tax charge for local services on the same basis as each other, with equal access to the revenues generated. The long-term empty homes premium has been in place since 2013 and has followed this long-established principle. We trust councils to make their own decisions on where their funding should be spent, and we do not consider it appropriate to engineer the system to direct part of the proceeds of council tax to one particular type of authority in some parts of the country.
Different communities will have their own set of challenges and solutions to second home ownership and empty properties. For instance, this may be through additional funding for transport or education, which falls within the remit of county councils. The current approach provides flexibility for a range of councils and other authorities to generate additional income, which can be used as they see fit. If a council feels that funding should be put towards a particular goal such as housing, this should be discussed with the other authorities in the usual way.
A change in the distribution method for the council tax premiums would also create an imbalance between two-tier areas and areas covered by unitary authorities. For example, in a single-tier area with a high number of second homes, such as Cornwall, the council would be required to share the proceeds of the premiums with the other precepting authorities, such as the PCC or the fire and rescue service. However, in a two-tier area with a high number of second homes, such as Norfolk, the amendment would mean that all additional income was retained by the district council. Notwithstanding the second part of the noble Baroness’s amendment, there would be no obligation to enable precepting authorities to benefit from the increased income. This may be advantageous to the district but would prevent the income being spent on services provided by other authorities in the area that can benefit the local community, such as road maintenance and better care for the elderly.
I turn to Amendment 169, in the name of the noble Baroness, Lady Hayman. We discussed earlier in Committee that the purpose of Clause 76 is to provide councils with an opportunity to apply a council tax premium on second homes. As with all properties, second homes may be in a variety of different conditions. For the purposes of Clause 76, however, a second home would be caught by the provision only if the property was substantially furnished. Indeed, this is an important factor in differentiating such properties from those that might be impacted by the long-term empty homes premium, as set out in Clause 75. Where such properties are substantially furnished, I would not envisage that they are likely to be in a condition to require significant work as a result of dilapidation. Therefore, the premium council tax on a second home applies only where it is furnished. However, in specific circumstances the local authority has tax relief powers as well.
Notwithstanding that potential distinction, I can reassure the noble Baroness that the clause already makes provision for the Secretary of State to make regulations that exempt certain classes of property from the effects of the second homes premium. Similar powers are already in place for the long-term empty homes premium. Obviously, before making any regulations the Government would wish to consult on any exemptions and to provide everyone with the opportunity to say what should—and, perhaps, what should not—be exempt from the effect of the premium.
The noble Baroness’s amendment also proposes a right of appeal against the imposition of a second homes premium. I can reassure her that, under Section 16(1) of the Local Government Finance Act 1992, council tax payers already have the right of appeal against any calculation of amounts they are liable to pay, including any premiums.
Finally, Amendments 428 and 474 were tabled by the noble Baroness, Lady Pinnock, and the noble and learned Lord, Lord Etherton. The Government are of course aware of the pressures facing businesses, including those on the high street, and have acted to support businesses up and down the country. As noble Lords are no doubt aware, the Government have only recently concluded a comprehensive review of the business rates system. A final report on the review was published at the Autumn Budget 2021, alongside a package of reforms worth £7 billion over five years. The review recognised the importance of the system in raising funds for critical local services in England, worth around £22.5 billion in 2022-23, and concluded that there was no consensus on an alternative model that would be of sufficient scale to replace business rates.
At the Autumn Statement 2022, the Government went even further and announced a range of business rates measures worth an estimated additional £13.6 billion over the next five years. As part of that package the Government announced that the tax rate will be frozen for a further year. This is a real-terms cut to the tax rate, worth around £9.3 billion over five years.
In addition, the retail, hospitality and leisure relief will be extended for a further year and made more generous. In 2023-24, it will provide eligible businesses with 75% off their bills, up to a maximum of £110,000 per business. This is worth an estimated £2.1 billion to ratepayers, many of which are on our high streets.
Furthermore, in response to the concerns of businesses in England, the Government will, for the first time and subject to legislation, introduce a transitional relief scheme for the 2023 revaluation. This will be funded by the Government and is expected to save businesses £1.6 billion. This will mean that the 300,000 ratepayers—
Baroness Pinnock (LD)
I apologise to the Minister for interrupting her reply, but she seems to be listing all the ways in which the Government are providing help to businesses via different reliefs for their business rates payments. If the business rates system is so bad that it needs substantial relief from the Government for those businesses to survive—and the amounts that the noble Baroness referenced were substantial—I can only conclude that the business rates system, as it applies to businesses in town centres, is broken. That is the reason for the argument that I have made, and why I hope that the Government will accept that business rates need a fundamental change; otherwise, the Government will be continually asked to provide relief to enable businesses just to survive.
Baroness Scott of Bybrook (Con)
I think I explained to the noble Baroness that we went out for extensive review—the issue is that we and local services need business rates—and there was no consensus on how they might be changed and made different, such that a similar amount of money would be coming in so that local areas could provide services. We tried but came to no consensus.
Lord Etherton (CB)
The Minister referred to, and I think the Government are relying upon, a 2021 review. What was the public’s involvement in that review?
Baroness Scott of Bybrook (Con)
I am sorry; I cannot tell the noble and learned Lord that, but I will make sure that I look into who, including the public, was consulted as part of that review. I will make sure that I get an answer to him and will put it in the Library.
As I said, in response to the concerns of businesses in England, the Government will introduce the transitional relief scheme for 2023. This will mean that 300,000 ratepayers seeing reductions in their rateable value at the revaluation also see an immediate fall in their bills from 1 April this year, rather than seeing those changes phased in over the life of the list. This will make the rates system much fairer and more responsive, and ensure that ratepayers benefit from the revaluation as soon as possible.
The Government also announced a supporting small businesses relief scheme, which will ensure that ratepayers losing some or all of their small business or rural rate relief as a result of the revaluation see their increases capped at a maximum of £600 in 2023-24. This is worth more than £0.5 billion over the next three years and will protect an estimated 80,000 small businesses. This is again on top of generous existing packages of statutory support provided to small businesses through the small business rates relief, which ensures that over 700,000 of our smallest businesses pay no rates at all.
The Levelling-Up and Regeneration Bill provides additional measures to address empty properties on the high street, such as the high street rental auctions. These measures will empower places to tackle decline by bringing vacant units back into use and will seek to increase co-operation between landlords and local authorities. Auctions will make town centre tenancies more accessible and affordable for tenants, including SMEs, local businesses and community groups. A review has only recently concluded and the Government remain committed to delivering on its conclusions. The £7 billion reform package announced at the end of that review and the £13.6 billion package of support announced at the Autumn Statement 2022 will, alongside the 2023 business rates revaluation, deliver vital help to those most in need, such as our high streets, and rebalance the burden of our business rates. In the light of these explanations, I ask noble Lords not to press their amendments.
Baroness Hayman of Ullock (Lab)
My Lords, I thank everyone who took part in the debate. I have two specific amendments in this group, but the debate has focused mainly on business rates. The noble and learned Lord, Lord Etherton, was right when he said that we need to look at the system as a whole and that business rates are not negotiable. That is part of the problem. If the Government are looking to reduce business rates, and they say that quite often, they need to look at how local authorities are funded, because so many are reliant on business rates. The debate has also demonstrated that the appeals system does not work at all. The noble Lord, Lord Ravensdale, talked about the need for economic dynamism for high street regeneration and said that business rates are a problem to achieving it. I completely agree with this.
When introducing her amendment, the noble Baroness, Lady Pinnock, was right to refer to the mission to which this relates, which is about increasing pride of place. On that note, I point out that there is not currently any incentive for local authorities to improve their town centres and increase the business base, as they are subject to tariffs. This perverse system actually discourages proper investment.
Again, the noble Baroness, Lady Pinnock, talked about e-commerce’s advantage over town centre premises and said that we need a fair competition. I am sure that the Government accept that. The challenge for all of us is what to do about it—how do you make that level playing field? I do not think there are necessarily easy answers to that.
I also thank the noble Baroness, Lady Pinnock, for her supportive comments regarding my amendments. She asked a question on Amendment 169 around dilapidation and the grace period that councils can bring in. The Minister mentioned something along these lines. What I found, when I had constituents coming to see me who were in this position, was that you only got that reduction or grace period if the council agreed that there was an issue of dilapidation; they do not always do that. You can get people being unstuck if the council will not agree it—then that reduction does not happen, and people get stuck. That was one of the points that I was trying to make.
The noble Lord, Lord Shipley, rightly drew attention to the fiscal devolution document that is being published for the north. I think this is really important because we do not believe that levelling up is going to be successful without fiscal devolution.
I thank the Minister for, as always, her detailed and thorough response to my amendments; it is appreciated. I will make one final comment on business rates following the noble Baroness’s response. Rather than tinkering with reliefs and temporary measures, we believe the whole system urgently needs a complete overhaul. It needs replacing with a fairer system that actually works for business. The current system, unfortunately, does not. In the meantime, I beg leave to withdraw my amendment.
Lord Lansley (Con)
My Lords, before my noble friend responds to the debate, I want to ask a couple of questions. I do not want to get into the detail of the public health Act, although I might say to the noble Lord, Lord Stunell, who quoted marking and painting, the text here is simply the same as the public health Act, so I do not think the draftsman can be criticised too much for incorporating some of the original drafting in the process of rewriting this bit of legislation.
I have two questions. First, subsection (10) of this clause says:
“No local Act operates to enable a local authority within subsection (1)(a) or (b) to alter the name of a street, or part of a street, in its area.”
That relates to a district council or to a county council for which there is no district council. Are there any such local Acts? I was not clear what the import of this is, and whether there are local Acts that have given this power and they are being disapplied by this provision. I wondered whether my noble friend knew whether there were any such local Acts.
Secondly, I did not give him notice of this question, but I am asking my noble friend if he will be kind enough to see what the department’s view is on it. If one knows Cambridge at all, one knows that to the west of Cambridge there is a new town called Cambourne. I was the Member of Parliament there when it was first proposed and, in the original naming process for what were then three linked villages, it was intended to use the name Monkfield, since they were actually built on land that was called Monkfield farm.
However, the local authority discovered that it had no power to determine what the name of a new village or town would be. Presumably, the legislation, except in the context of development corporations, never believed that local authorities would be naming new villages or towns that were put on to greenfield sites by private developers. As it turned out, the private developer had the right in law to determine the name Cambourne, which it chose using Cambridge and Bourn, a local village. Everyone is perfectly happy about that now, but at the time it was questioned whether it was appropriate that a local authority could name streets but could not name a town. That is a curious situation for us to have arrived at.
As it happened, the local authority subsequently came up with the excellent name of Northstowe, which I think slightly reflects the point made in the other amendment by the noble Baroness, Lady Taylor of Stevenage, since it used the name of the hundred within which the town subsists—namely, Northstowe—which historically had never been applied to a specific village or town, so a historic name was able to be given a modern usage. Fortunately, that worked okay without anyone having any problems with it. The question is: should the local authority have such a power and, if not, is this worth thinking about at some point?
Earl Howe (Con)
My Lords, I shall focus straightaway on the provisions of Clause 77 in the round, in response to the concerns and questions that have been raised by the noble Lords, Lord Stunell and Lord Scriven, and the noble Baronesses, Lady Taylor and Lady Bennett.
Clause 77 creates a requirement for the necessary support to be obtained for any changes to street names. The noble Baroness, Lady Taylor, and the noble Lord, Lord Stunell, asked why the Government have included this clause in the Bill. I was grateful to the noble Baroness, Lady Fox. I must repudiate the suggestion made by the noble Lord, Lord Scriven, that this has something to do with the culture wars. The answer is that it addresses the issue that, in some places around the country, there has been considerable concern and disquiet where councils have taken it upon themselves to change the name of a street without any meaningful consultation with local residents.
Under the available legislation, which noble Lords have rightly said dates from the early 20th century, any council has the power to change the name of a given street without consulting the residents in the street. The provisions of the Bill will ensure that, instead, local residents will be properly involved in changes to street names that affect them—changes that, as we have discussed, can alter the character of their area. Street names are often an intrinsic part of an area’s heritage, cherished by the community for their history and representation of the place. Changing names involves both practical costs for residents and businesses and social cost to the community. We are clear that these costs should be borne only with the consent of those affected.
How that should be attained will vary according to the nature of the street and its importance in the community. A one-size-fits-all approach would be insufficient to properly allow the views of the community to be determinative. The clause will unify the approach to how changes to street names are made where currently the rights of the community depend upon where they live and, outside of London, the decision of the local authority as to how involved or not the community should be.
Lord Scriven (LD)
I totally follow the logic of what the Minister has just said, but would it not be the case that a solution would be, rather than a new provision, to revoke the part of the 1925 Act that a council can adopt, which says there should be no vote, in favour of saying that all councils must adopt the 1907 Act, which says there must be a vote?
Earl Howe (Con)
The problem is that there are, I am advised, three Acts of Parliament that date from the early part of the last century, and that has led to a confusing mix of provisions across the country. Many provisions are over a century old, as I say, and there is no transparency over which Acts apply where. We thought it simpler to take the opportunity to be clear in this Bill that there should be more local determination of these issues. The current legislation is antiquated in its drafting, apart from anything else, so this updating is intended to make the process clearer for local authorities. All that should make the process for renaming a street more democratic and ensure that the voices of the local community are genuinely heard.
Amendment 173, tabled by the noble Baroness, Lady Taylor of Stevenage, would add additional criteria for local authorities when considering the renaming of a street. We entirely agree with the noble Baroness about the importance of history, archaeology and culture in this process. The last thing we want is anodyne street names divorced from the character and history of the area. However, as I have made clear, the Government are strongly of the belief that the final say on changes affecting street names should lie with local people. We fully expect those local views to reflect the historical or cultural associations of the names concerned and the importance that communities place upon them.
The amendment would create a duty on a local authority to consider the historical, cultural or archaeological significance of a name change. It is not clear that a free-standing additional requirement of that kind is necessary, nor is it clear how that duty would work alongside the provisions of the Bill. It could, for example, make it harder to secure name changes that had local support but where new considerations, such as the need to honour a local person or event, took precedence over an archaeological interest. We saw some Olympians having streets named after them following the 2012 Olympics.
It is for this reason that, with the aim of being helpful to local authorities, the Government would be minded to set out in statutory guidance how factors such as the history and culture of the area should be considered in bringing forward proposals for street name changes under this clause. We have consulted on the prospective secondary legislation and guidance to deliver these changes, and respondents were over-whelmingly positive about our proposals: 91% of respondents agreed that regulations and statutory guidance should set out how local authorities should seek consent when changing a street name. In view of that support, and of the fact that heritage and cultural significance are matters that local communities are best placed to weigh up for themselves, I hope I will have persuaded the noble Baroness that the amendment is not necessary.
Lord Scriven (LD)
The 1907 Act is very clear. It is not antiquated or in any way there to be debated. The 1907 Act power may be exercised only with the consent of two-thirds of the non-domestic rates payers and council tax payers in a street. That is what the Act says. What is it about the 1907 Act and that provision which seems to be non-democratic and does not give the power to the people on the street to make the change?
Earl Howe (Con)
Because it is a one-size-fits-all approach and our judgment is that that is not an appropriate prescription for every situation.
Lord Scriven (LD)
The noble Earl is therefore saying that in one street it could be 51% and, in another street, maybe a couple of streets away, it has to be 75%. Is that what the noble Earl is saying? The provision in the 1907 Act is very clear. It gives a provision of what needs to happen and a percentage of the vote required to change the name. Is he saying that different streets need different percentages of the votes to change the street name?
Earl Howe (Con)
We cannot, at this stage, prescribe particular percentages to particular situations. This is to be worked through in regulations and guidance, which was, as I emphasised, the approach that respondents to the consultation felt was right: we should not be unduly prescriptive in primary legislation, but rather allow for some flexibility at local level depending on the situation under consideration.
I turn to Amendment 175 in the name of the noble Baroness. As I outlined, our view is that local people should have the final say on these matters, particularly, as the noble Baroness’s Amendment 173 demonstrates, when it comes to their local heritage. In this context, I agree with the underlying intent behind this amendment. There should be clear processes for making sure that views from all relevant groups that might be affected by a street name change are taken into account. It is, however, important that we do this in the right way so that the processes are robust but can be adjusted if needed.
The approach in these amendments would be prescriptive and would limit our ability to go further than simply consultation by making local views determinative, as the clauses do at present. But I want to reassure the noble Baroness that we will be setting out clear, transparent and robust arrangements in secondary legislation, as we set out in the consultation I already mentioned. In addition, by setting out the detail for how consultation on street naming will work in regulations and guidance, we can maintain flexibility to update processes in line with different local circumstances and changes such as new technology. I hope these remarks are helpful in explaining the Government’s approach to what is a sensitive issue.
My noble friend Lord Lansley asked whether there were any local Acts of Parliament that might affect this issue. I am advised that the Oxfordshire Act 1985 might be relevant here. I think I had better do further research for my noble friend to find out whether there are others—but that was the advice that I have been able to receive.
On his other question of the power to name new villages, I have no direct experience of this. My understanding is that what normally happens is a conversation between a private developer and the local authority and an accommodation is reached. The noble Baroness, Lady Taylor, who clearly has direct experience of this, is shaking her head, so I do bow to her experience. It would seem appropriate that I look into this further and write to my noble friend once again.
Baroness Taylor of Stevenage (Lab)
I am grateful to all noble Lords who have taken part. I thought this would be quite a short debate, but you never know here, do you? I am also grateful to the noble Earl for, as usual, a very thoughtful and considered response to the debate.
Our contention in tabling the amendments in this group was that the Government’s introduction of this clause to the Bill was kind of bizarre in a way. We have looked at some very key strategic issues in the debates already—we are likely to come to more in the days in Committee to come—around local finance, business rates, environmental issues, affordable housing and so on, and found that there is not as much in the Bill as we would like to see on those. However, what seems to be an issue covered by previous legislation and seems for the most part to be managed perfectly well in local areas—there may be some notable exceptions—gets a whole clause in the Bill.
I was grateful to the noble Lord, Lord Stunell, for his careful evisceration of the clause—that is what it was. He used the term “a clause in search of a problem” and asked the clear question: what is the problem here? He also referred to the impact statement having no reference to this clause. I think the idea is that there may be—let us face it, there probably are—some councils around the country which either insist on name changes that have not got public support or resist name changes that have. But the existing powers, as has been consistently referred to through the debate, require a consultation of ratepayers to vote in favour of a name change, so it is difficult to see where the push comes from.
I know that this issue causes a great deal of concern in local areas if there are things that have gone wrong, but surely the pressure on a democratically elected council would be to make sure they had their residents alongside them if they were going to present a change of name, not to push against that.
The noble Baroness, Lady Bennett, talked about the LGA supporting getting rid of this clause. I noted that from the LGA’s briefing. The idea that people really want to get tangled up in these issues in Parliament is odd, to say the least, as far as I am concerned.
The noble Lord, Lord Scriven, talked about measuring sufficient local support. Leaving this to regulation seems, again, to be a huge sledgehammer to crack a nut. If we are going to have regulations around the conduct and timing of a referendum and what percentage is going to get us over the line in terms of what we call our road, that kind of centralised direction has no place in a Bill that is supposed to be concentrating on devolution. I do not want to get caught up in the issue around roads in Haringey particularly. It may be in that case that the consultation did not take place; I do not know.
Earl Howe (Con)
I do not think the noble Baroness has understood the issue. This has everything to do with devolution; that is the whole point of the clause.
Baroness Taylor of Stevenage (Lab)
Well, I think that regulating to the extent of telling where signs can be put and whether they should be painted or printed really is against the spirit of devolution.
The noble Lord, Lord Lansley, made good points on what powers local authorities have to name which things. We should not avoid the fact that private developers will of course choose to name things in a way that they think will help them to sell properties in an area. They will choose either road names or settlement names because they think it is in their interest and will help to sell properties. If we are to have this clause—I assume we will, because I doubt the Government will withdraw it—we need to think about this as well. Areas should be named according to some kind of local connection, whether it is history or individuals connected with the area—my second amendment refers to this—and I do not think that this should be entirely in the hands of developers.
I have not changed my view on this clause. I agree with the noble Lord, Lord Stunell, that it does not have much of a place in the Bill, but if it is going to be in there, when name changes are made we need to think about what the connections are. I am grateful for the comments of the noble Earl, Lord Howe, on this. We also need to think about proper public consultation on matters such as this. If it has to be in the Bill, so be it, but local authorities have managed this perfectly well so far and there is no need for a clause such as this in a broad-ranging, strategic Bill. That said, I beg leave to withdraw my amendment.
Monday 20th March 2023
(1 year, 9 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-VII Seventh marshalled list for Committee - (20 Mar 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, Amendment 176, tabled by my noble friend Lord Moylan, would change the local consents required for traffic emission road-charging schemes to be introduced, and apply these new requirements retrospectively. I reassure the Committee that this amendment is not necessary for regions outside London as it maintains the status quo. In London, the amendment as drafted could remove established devolved powers from an elected mayor and as we have discussed in Committee, this is not our intention for devolution.
In London, under the Greater London Authority Act 1999 the mayor has the authority to create a new road scheme that charges users, or vary one, so long as doing so will directly or indirectly facilitate the achievement of the policies and proposals in the mayor’s transport strategy. As drafted, this amendment could be in conflict with the Greater London Authority Act, and it would potentially create legal uncertainty and conflict between the mayor and the London borough councils.
The Department for Transport has not made statements in support of the ULEZ: Transport Ministers have been completely clear that this has been a matter for the mayor to decide. I understand that my right honourable friend the Secretary of State for Transport has been engaging and will continue to engage with MPs whose constituents may be impacted by the proposed ULEZ expansion.
Outside London, charging schemes have been introduced for addressing congestion issues, improving air quality and raising funds for investment in new transport infrastructure and improving transport quality. The Transport Act 2000 already sets out how road-charging schemes can be introduced. In combined authority areas, these powers are held between the combined authority and the local traffic authorities—that is, the constituent authorities of the CA. Therefore, outside London local authorities are already required to introduce schemes and existing legislation already delivers what this amendment seeks to achieve.
Additionally, the amendment would require the reconfirmation of a number of existing charging schemes and it would allow any local authority unilaterally to revoke them. These schemes have been introduced and agreed locally and, where they cover multiple local authorities, agreed jointly. Decisions on whether to amend or revoke these schemes would therefore also be made jointly, as the powers in the Transport Act 2000 already ensure. I nevertheless recognise how important this issue is not only to my noble friend but to many others, and not just in London. I am happy to meet with him to discuss these matters further.
Amendment 178B, also in the name of my noble friend Lord Moylan, seeks to lower the threshold for amending the Mayor of London’s final draft budget from two-thirds of assembly members present and voting to a simple majority. While the amendment would undoubtedly strengthen the power of the London Assembly and mirror the voting threshold applied at earlier stages of the assembly’s consideration of the mayor’s annual budget, it must also be balanced against the benefits of the current strong mayoral model in London. I agree with my noble friend that it is crucial in any of these systems that we have strong audit and scrutiny. That is why the Bill strengthens both audit and scrutiny committees in these new authorities.
I recognise my noble friend’s interest in and experience of London governance matters and I would be pleased, as I say, to engage with him not only on his earlier amendments but these. Perhaps we might review the operation of London’s devolution settlement separately from the Committee’s consideration of the Bill, and I ask my noble friend to withdraw his amendment at this time.
Lord Moylan (Con)
My Lords, I am very grateful for what was a very valuable debate and I shall briefly go through those who spoke.
The noble Lord, Lord Tope, put his finger on it by saying that this is really a question that will not go away: about the balance of powers in areas that have strong regional government—combined authorities, metropolitan mayors and so forth—with the local councils, the constituent councils. As my noble friend the Minister made clear, those arrangements differ in different parts of the country, but we have to learn lessons from them and apply those lessons in an evolving way to existing structures; we cannot just dig our heels in and say that what was good in 1999 is good for ever. We have to be able to improve things; we understood that. On the question of subsection (2), I had a strong sense, listening to the noble Lord, that we were actually in violent agreement, but I am going to speak to him afterwards to discover if there is a difference between us and what can be done to reconcile our understanding of the boundary issue.
I was very grateful for the support of the noble Baroness, Lady Bennett of Manor Castle. I give some credit to the Green Party here as an example of what can be achieved by a more democratic scrutiny of the mayor’s budget. Only a few weeks ago, in consideration of the mayor’s budget the Green Party put forward in the assembly a costed amendment that would have required the mayor to introduce lavatories at up to 70 London stations. It got a majority in the London assembly; it was supported by the Conservatives and the Liberal Democrats; of course, it fell. Having a majority is not enough in this sort of democracy. There is something very strange about that; however, I am grateful to the noble Baroness for her support.
The noble Baroness, Lady Fox of Buckley, was right to point out that the weakness of process and the rushing of air quality measures is provoking a backlash and cynicism among the voters. She also expressed very well the genuine and real suffering of those who face the prospect of the current proposed ULEZ scheme in London. I have to be honest: what I would expect if this amendment were passed is not that boroughs would actually block a mayoral scheme to introduce a ULEZ; they would moderate it, because they too are interested in better air quality, and so are local people. They would have their say, so it would be introduced in a slower and more manageable way, with more local consensus and better support for those who are in need of making what can be a very expensive transition.
The noble Baroness, Lady Pinnock, drew on a very long experience of local government again to put her finger on the question of the democratic deficit. The noble Baroness, Lady Hayman of Ullock, made it abundantly clear that the Labour Party stands four-square behind the Labour mayor’s proposal to impose a ULEZ on outer London; there was not one word of criticism.
She mentioned the estimate of 4,000 premature deaths in London. I do not dispute that figure, but it is difficult to know what it means: is a premature death 10 years before you would have died or a week before? These are difficult figures to interpret, but that figure I regard as reliable and I am not disputing it in any way. However, I want to point out is that when I was deputy chairman of Transport for London—a post that came to an end in 2016—and on the board, the figure was also 4,000. The measures are introduced—the local traffic neighbourhoods, the ULEZes—but the estimated figure never changes. So is it really doing any good?
Baroness Pinnock (LD)
My Lords, I will comment briefly on the three amendments in this group, starting with Amendment 511 in the name of the noble Baroness, Lady Taylor of Stevenage, about capital finance controls in local government. All I would say is that every local authority is required to have an external audit by a professional audit company to undergo a thorough inspection of its finances. It seems to me that the easiest way round this issue is to extend the requirement of the external audit to include a detailed investigation of any capital financing arrangements. That would reduce or eliminate all the additional requirements in the Bill and put the requirement on the external audit company to do a thorough audit of the council’s finances. If problems are exposed, the issues can then be resolved. This would mean that other local authorities which behave prudently are not caught up in the fairly strict regime that is being proposed.
Turning briefly to the amendments in the name of the noble Lord, Lord Northbrook, I totally support his Amendment 177 on improving standards of consultation for public bodies, particularly local authorities. There ought to be—I am sure there is—a standard for consultations that every public body, particularly local authorities, ought to adhere to.
On business improvement districts, I say that it is shocking to me that they could be established without full consultation and understanding by local residents. I would say, just as a point of history really, that our local councils used to have a big voice from local business. Businesses used to want to be elected to serve on their local council, where their voices could be heard and they could influence decisions that were made. Sadly, that tradition has disappeared, and there are fewer and fewer businesspeople who seek election to local authorities. This has led to the use of another way of trying to engage businesses in improving small areas such as this by giving them powers through the business improvement districts. So, yet again, these districts bypass local democracy, which is why I support the proposals in Amendment 178.
Baroness Scott of Bybrook (Con)
My Lords, I thank my noble friend Lord Northbrook for moving Amendment 177. I cannot respond on specific local authorities, as he may realise, but I think that noble Lords have had a good discussion about said local authorities.
Statutory frameworks and clear rules for consultation already exist in some service areas, such as planning, and provide guidance on the required length and scope of consultation. There is a statutory publicity code, which is clear that all local authority communications must be objective and even-handed. Councils can carry out non-statutory consultations to allow residents to shape local decisions and plans. Greater involvement for local people can only be a good thing, and local authorities should be free to adapt their approach based on local need and requirements for these non-statutory consultations. A requirement for all consultations to be carried out by third parties would impose additional costs on local authorities, which might encourage less consultation and engagement, rather than more. I hope that, in the light of this explanation, my noble friend will agree to withdraw his amendment and not press his other amendments in this group.
Amendment 178 concerns business improvement districts—or BIDs, as they are often called. It is best practice for a BID to promote its actions so that levy payers and the community can see what is being achieved. Many BIDs keep an up-to-date website and engage regularly via social media to discuss their work. BIDs are intended to be business-led, business-funded organisations. It is right that the businesses that will be required to fund the BID make the decisions on whether there should be consultations.
My noble friend Lord Northbrook asked about local authorities on BID boards. There are local authorities on BID boards in Birmingham, Bristol, London and Newcastle, as well as in other places.
Regarding the review of BID arrangements, as I have said, the legislation does not preclude residents and members of the community from being consulted on a BID proposal or represented on a BID board. Many authorities are on BID boards in their local areas. We are not looking to review business improvement districts; in fact, we are looking closely at work that is being done on community improvement districts, which include community groups, local people and businesses. That work is being run by Power to Change, and we are keeping a close eye on the pilots and following them with interest.
Amendment 511, in the name of the noble Baroness, Lady Taylor of Stevenage, would apply across the Bill and would require the Secretary of State to give local authorities advance notice where provisions creating new responsibilities for them are to be commenced. In any circumstances, those gaining new responsibilities should be aware of them in good time. However, we do not consider that this amendment is needed. As I hope has been clear from our responses earlier in the debate, the Government entirely agree on the importance of collaboration with local authorities for our reforms to be successful. We are already working with local authorities on many of our reforms and will continue to do so. I can therefore confirm that the Government have no intention of introducing responsibilities for local authorities without the appropriate preparation, including supporting them both to understand those responsibilities and to manage any transition. In many cases, this work will include further consultation with local authorities and others to shape regulations and inform supporting guidance.
The noble Baroness, Lady Hayman, asked a couple of questions. I will look at those and give her a written answer. I hope that noble Lords will withdraw or not press their amendments.
Baroness Bennett of Manor Castle (GP)
My Lords, with apologies, and being aware of the hour, I will be brief. I oppose in the strongest terms the amendment moved by the noble Lord, Lord Naseby.
The City of London is the last rotten borough. The elections to the City of London can in no way be described as democratic. There is also the City of London cache, a massive fund amassed over many centuries and explicitly excluded from freedom of information. The last figure that I have, from 2012, is of a £100 million per year income.
The rights of the City of London go back to William the Conqueror, who said that he would maintain all the rights and privileges that the citizens had hitherto enjoyed. It is about time that we finally modernised and got past that. In 1894, it was recommended by a royal commission that the City of London Corporation be abolished. I put on the record my desire to work with any noble Lord who wishes finally to reach that obvious conclusion.
Earl Howe (Con)
My Lords, as my noble friend has explained, Amendment 178A seeks to remove voting restrictions on either housing issues or related planning decisions applying uniquely to members of the common council of the City of London who are also tenants of the City of London Corporation. Sections 618(3) and (4) of the Housing Act 1985 mean that, while an individual can be a councillor of the City of London if they are a housing tenant of the corporation, they cannot apply for a dispensation to vote on housing or related planning decisions. Voting in breach of Section 618 is a criminal offence. This is not dissimilar to the regime that applies under the Localism Act 2011 which also creates a criminal offence where a member fails, without reasonable excuse, to comply with the requirements to declare their disposable pecuniary interests, and takes part in council meetings.
Councillors in any authority elsewhere in England, operating under the disposable pecuniary interest regime in the Localism Act 2011, can apply for a dispensation to vote on matters where they have a declared interest—but there is no such discretion for the City of London to grant a dispensation where Section 618 applies. In short, this means that City of London councillors are being treated differently from all other councillors in England. I am aware that the City of London has raised the issue on previous occasions. I am grateful to my noble friend for his amendment. Between now and Report, I undertake to give the matter proper consideration and would be happy to arrange a discussion with my noble friend if he would find this helpful.
Lord Naseby (Con)
My Lords, I am extremely grateful to my noble friend on the Front Bench. I willingly accept his kind offer of further discussions. I beg leave to withdraw my amendment.
Wednesday 22nd March 2023
(1 year, 9 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-VII(b) Amendment for Committee (Supplementary to the Seventh Marshalled List) - (22 Mar 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Hayman of Ullock (Lab)
My Lords, I thank the noble Baroness for bringing this to our attention. As she knows, I know the Malvern Hills area very well; it is beautiful. It is important that the Boundary Commission respects local boundaries and allows organisations such as the Malvern Hills Trust to operate as they are intended.
Does the Minister agree that one problem we have at the moment is that the Boundary Commission cannot carry out interim or minor reviews, as it simply does not have the resources to do so? That means that any kind of review could take up to 20 years to look at a problem or something that is not ideal, which is clearly not an ideal situation. Perhaps the department could look into this.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, Amendments 178C and 509ZA, tabled by the noble Baroness, Lady Stuart of Edgbaston, seek to enable any statutory body to amend by order its constitutional arrangements consequential on an electoral changes order made under Part 3 of the Local Democracy, Economic Development and Construction Act 2009. That legislation enables the Local Government Boundary Commission for England to implement by order recommendations for changes to an area’s electoral arrangements.
I am aware of the specific case at the moment where such a statutory body, the Malvern Hills Trust, considers that the new warding arrangements established by an electoral review order in respect of Malvern Hills District Council is incompatible with its constitutional and governance arrangements as provided for in several private Acts dating back to 1884. It is understandably concerned that such changes might raise questions about the ongoing legality of its constitutional and governance arrangements, and it wishes for something that it can address itself in a timely way.
I fully understand why the Malvern Hills Trust might wish to be granted powers to alter the constitutional or governance arrangements to ensure that they remain lawful and relevant to changing circumstances. However, I regret that we cannot support the amendments to the Bill. While they have the intention to resolve a specific local constitutional issue, the amendments are of general application to any statutory body affected by an electoral review carried out under Part 3 of the 2009 Act. In a practical sense, it is difficult for us to estimate how many bodies may be affected and wish to pass orders of this sort, or the impact on parliamentary time in dealing with them.
As drafted, the amendments would allow for secondary legislation to make amendments to primary legislation using the negative resolution procedure—the lower level of parliamentary scrutiny—and we do not think that this is appropriate. If the amendments were redrafted so that the orders were subject to the affirmative procedure, the potential would remain for significant impact on parliamentary business and on getting vital government business done.
More fundamentally, we cannot accept that it is right or prudent for the Bill to contain provision to allow for non-governmental bodies to be able to make orders that would amend primary legislation, as is the intention of the amendments. That must rightly be the role of government Ministers, except in exceptional circumstances, as with the Local Government Boundary Commission for England.
The commission is a parliamentary body accountable to the Speaker’s Committee. Such powers are appropriate in the case of the commission, given its status and vital independent role in ensuring fairness and confidence in the local government electoral system. Even if the scope of the amendment were narrowed so that any order could be made only by the Secretary of State, I am afraid that we could not accept it. While I understand that the purpose is to have a provision of general application, the concept used of the statutory body seems to be unclear. For example, does the definition of a statutory body include a local authority? On the face of it, this seems to be the case. If this is so, introducing this new provision would potentially create—
Lord Hunt of Kings Heath (Lab)
My Lords, I understand the Minister’s response, which seems to come in heavy on what is a pretty small objective. If it is difficult to do in this way, what could her department do to sort it out?
Baroness Scott of Bybrook (Con)
If the noble Lord can wait one minute, I shall say what the Government are prepared to do.
For all these reasons, I ask the noble Baroness to withdraw her amendment—but the Government have been talking to senior officials of the trust to understand the issues that they face as a result of the electoral changes order. We have discussed various options that they can pursue, which include the Charity Commission making a scheme under Section 73 of the Charities Act 2011 and for the trust itself to pursue a private Bill to make the amendments that it thinks necessary. We are also exploring whether the Secretary of State has the vires to make an order in consequence of an electoral changes order, to amend or modify primary legislation, such as the Malvern Hills Act 1924. So we are working with the group. In realisation of that, I hope that the noble Baroness will withdraw her amendment.
Baroness Stuart of Edgbaston (CB)
My Lords, I am grateful to the Minister for her response and grateful that the department is pursuing ways of resolving the problem. In the light of that, I am content to withdraw the amendment.
Baroness Scott of Bybrook (Con)
My Lords, Amendments 179 and 271 in the name of the noble Lord, Lord Ravensdale, seek to introduce a duty for planning authorities to consider climate change when developing planning policy and in making planning application decisions by adding a “purpose of planning” provision to the Levelling-up and Regeneration Bill and a complementary duty in the Town and Country Planning Act 1990.
The Government recognise the great challenge of climate change and that the planning system must address this effectively. Through the Climate Change Act 2008, the Government have committed to reduce net emissions by at least 100% of 1990 levels by 2050. We have also committed to leaving the environment in a better state than we found it. We passed the Environment Act, which sets ambitious, legally binding, long-term targets to restore nature. The Government published their second environmental improvement plan in January this year, setting out the actions that will drive us towards reaching our long-term targets and goals.
Section 19(1A) of the Planning and Compulsory Purchase Act 2004 already sets out that local planning authorities must design their local plans
“to secure that the development and use of land in the local planning authority’s area contribute to the mitigation of, and adaptation to, climate change”.
This is restated in the Bill and is found in proposed new Section 15C of the 2004 Act, to be inserted by Schedule 7 to this Bill. Similar requirements are included for other types of plans, such as waste and mineral plans and neighbourhood plans.
Alongside this, the National Planning Policy Framework is clear that planning policies and decisions should support climate change mitigation and adaptation, and that plans should be prepared in line with the objectives and provisions of the Climate Change Act 2008. The framework also makes it clear that plans and decisions should contribute to and enhance the natural and local environment more broadly. As a matter of law, the framework must be taken into account when preparing the development plan and is a material consideration in planning decisions. Its effect on decisions will be enhanced through this Bill, through the provision made for a suite of national development management policies that will have statutory force.
More broadly, the National Planning Policy Frame- work couches the role of the planning system quite firmly in the terms of contributing to the achievement of sustainable development, recognising the environmental, social and economic dimensions of this and the inter- dependencies between them. It is not clear that a statutory purpose for planning would add to this in any meaningful way. We recognise that more can be achieved, though, and that is why the Government recently consulted on immediate changes to the framework relating to renewable energy and sought views on carbon assessments and other changes, which would strengthen the framework’s role in this vital area. A full review of the framework, taking the responses to this consultation into account, will take place following Royal Assent, and we will review the strategic objectives set out in the planning policy to ensure that they support the Government’s environmental targets under the Environment Act, the net zero strategy and the national adaptation programme.
A number of noble Lords mentioned the Skidmore review. We will publish a response to it very shortly. As committed to in the net zero strategy, we intend to do a fuller review of the NPPF to ensure that it contributes to climate change mitigation. Therefore, while I appreciate the spirit of these amendments, the Government do not feel able to support them, given the existing legislative obligations and current and future requirements in national policy, which will be given added force as a result of other provisions in this Bill.
Amendment 179A in the name of the noble Baroness, Lady Taylor of Stevenage, looks to define the purpose of planning and the meaning of “sustainable development”. The National Planning Policy Framework is clear that the purpose of the planning system is to contribute to the achievement of sustainable development. At a very high level, this can be summarised as meeting the needs of the present without compromising the ability of future generations to meet their own needs. As part of achieving the three overarching objectives of sustainable development—economic, social and environmental—the framework sets out policies on good design, sustainable transport, an integrated approach to the location of housing, economic uses, and community services and facilities. It recognises the importance to health, well-being and recreation that open spaces and green infrastructure provide. It also contains policies for how to achieve healthy, inclusive and safe places.
So that sustainable development is pursued in a positive way, at the heart of the framework is a presumption in favour of sustainable development. This means that all plans should promote a sustainable pattern of development that seeks to meet the needs of the area, align growth and infrastructure, improve the environment, and mitigate climate change and adapt to its effects. It also means that the strategic policies should provide for housing needs unless protected areas or assets of particular importance provide a strong reason for restricting development—for example, green-belt land. To reiterate, the framework must, as a matter of law, be taken into account when preparing development plans and is a material consideration in planning decisions.
Baroness Pinnock (LD)
I accept what the Minister said about the presumption in favour of sustainable development. She listed the things that have to be balanced, but the issue is how that balance takes place. In my experience as a local councillor, climate change is often at the bottom of that balance; economic development and the need for growth and jobs are at the top, and housing development is there, but climate change is much less important in the eyes of planning policies, planning inspectors and local plans. Can the Minister explain how the climate change element will be given greater importance and priority?
Baroness Scott of Bybrook (Con)
My Lords, to begin with, I do not agree that local authorities across the UK are not taking net zero and sustainability seriously. We know that local authorities across the country are making great strides towards our net-zero future. There are some brilliant examples of local action, innovation and excellence in this area, so I do not agree with the noble Baroness. When we get national planning policies that make these issues important nationally, councils will have to take them seriously and align their local plans with them. I would not want anybody to think that local government is not taking this seriously, because it certainly is and it is doing a huge amount to deliver our net-zero targets.
In December we published a consultation on updating the national planning policy, focusing largely on changes to housing policy that we intend to make in spring. This consultation closed on 2 March this year. We also sought initial views on some wider changes, which we will take forward into a fuller review of the framework. This fuller review will consider the scope to go further on a range of areas, including ensuring that the planning system capitalises on opportunities to support the natural environment, respond to climate change and deliver on the levelling up of economic opportunity—so there is more to come.
Baroness Taylor of Stevenage (Lab)
I am grateful to the Minister for her response so far. Can she pick up the points that the noble Lord, Lord Ravensdale, and I made about the piecemeal nature of how this works and the legislation that informs planning? The Minister herself set out some of the many pieces of legislation that come together to drive forward the statutory framework instilling this in planning, but at the moment that makes for a fairly piecemeal approach that requires drawing together. These amendments were tabled to enshrine in legislation the overarching purpose of building sustainability into the planning system.
I think everybody who has spoken has made the point that the National Planning Policy Framework is not statutory; it is guidance. Different planning inspectors will interpret the local authority’s interpretation of that guidance differently. As the noble Baroness, Lady Pinnock, and others outlined, sometimes the most ambitious authorities find themselves coming into conflict with their planning inspectors in this respect, because they do not accept the ambition that has been put into their local plan. Can the Minister pick up those points?
Baroness Scott of Bybrook (Con)
A number of pieces of legislation from a number of different areas of government and beyond have an effect on net zero, sustainability and climate change. That is going to happen. I know that this was brought up in our meetings with noble Lords prior to the Bill, and it is a complex area. I will once again try to show your Lordships how this all fits together to ensure that we are all working in the same direction and delivering what we know we want for climate change, net zero and sustainability.
Baroness Boycott (CB)
The Minister said that everyone is moving in the same direction. Since the big building companies such as Barratt and Taylor Wimpey have not come up, can she enlighten the House on what kinds of conversations she has had with such companies about their willingness to adopt a statutory policy about net zero into their building targets?
Baroness Scott of Bybrook (Con)
I have certainly had no conversations with those people, and I do not know whether the Housing Minister has. I will make sure to ask and find out. That is the whole idea of planning: if the policy requires it, the developers need to act within planning policy in order to develop.
I reiterate that the Government will be reviewing the strategic objectives set out in planning policy to ensure that they support the Government’s environmental targets under the Environment Act, net zero, and the national adaptation programme. This comes back to what the noble Baroness opposite was saying: are we joining it up? Yes, we are checking it with the Environment Act to make sure that we will deliver through the planning system everything that we agreed to in it.
While I appreciate the essence of this amendment, it is not one that the Government feel able to support, given the clear purposes for planning already set out in national policy.
Lord Ravensdale (CB)
My Lords, I thank noble Lords for a very illuminating debate. As the noble Baroness, Lady Jones, said, this is all occurring against the backdrop of the recently issued UN climate report. That highlighted all the progress that has been made, but we need to do more to move further, faster. As the noble Lord, Lord Hunt, said, the planning system is one of the most powerful levers that we can pull in that respect, so we need to make sure that we make the most of it.
The noble Baroness, Lady Taylor, set out well the aspirations of local authorities and councils in wanting to help with declared climate emergencies. It is all about the tools to enable them to do that. Her Amendment 179A is very closely aligned with mine, so I look forward to working with her.
The noble Lord, Lord Hunt, set out many of the wider benefits to health and levelling up from looking at the planning system. The Minister set out all the various mentions of climate change scattered throughout the legislation and the various framework documents, but I think that noble Lords have strongly made the case for aligning all this and pulling it together in the legislation in the form of a net-zero test. I hope that she will consider that as we move towards Report. I look forward to further discussion with her but, for now, I beg leave to withdraw.
Earl Howe (Con)
My Lords, I thank the noble Baroness, Lady Hayman of Ullock, for her valuable contribution to this debate and for focusing our attention on these provisions. In the light of her remarks, it is probably best for me to start by explaining the importance of Clause 79.
Too often, planning information is hard to use for all the purposes that it should serve. Clause 79 is designed to address this problem. Planning authorities often receive large amounts of information which requires manual intervention to make it usable. Re-entry is then required to use that information later in the system. These manual tasks take valuable time away from planning authorities performing their core role of making decisions that matter to communities.
There are three key effects of this clause. First, it works with Clause 78 to ensure that complying with data standards does not create a new bureaucratic burden for planning authorities receiving information and then having to render it compliant. Secondly, it gives planning authorities the power to require information in a manner that best suits their systems and the data standards to which they are subject. Thirdly, it protects against the risk that some may attempt to use the requirements under Clause 78 to inconvenience local authorities’ decision-making by deliberately submitting information in a problematic format that is difficult to extract.
Clause 79 also sets out the process that planning authorities must follow to exercise their powers. Publication of a notice on the planning authority website or through specific communications will be required to inform participants of what planning data will be subject to data standards when it is submitted to a planning authority. In circumstances where the data fails to comply, a notice must be served specifying the reasons for rejection.
I will deal briefly with the power of planning authorities to refuse information as non-compliant. There is no obligation for planning authorities to refuse non-compliant information. However, for the reasons I have just outlined, we expect planning authorities to accept such information only exceptionally. The Committee will see that we have taken steps to protect those who are not able to submit using the means specified by the planning authority or who cannot comply with the data standards in that submission. Where the provider of information has a reasonable excuse, information cannot be refused. Planning authorities will be under a duty to accept—
Baroness Pinnock (LD)
My Lords, I apologise for interrupting. I wonder whether the Minister has any statistics about the problem that these clauses are trying to solve. What is the extent of the difficulty such that, when applicants submit their planning applications to the planning authority, they then have to be manually entered or have to use a different system? Do we know the extent of that problem?
Earl Howe (Con)
We believe the problem to be quite considerable. I do not have statistics in front of me, but I will undertake to consult the department and see whether I can put some flesh on these bones, if the noble Baroness and others would find that helpful.
Baroness Hayman of Ullock (Lab)
On that point, it would be incredibly useful to have some sort of evidence base for us to consider. Can the Minister ask the department for that?
Earl Howe (Con)
Yes. These clauses have not just been dreamed up out of the blue.
Earl Howe (Con)
We have received representations from a number of local authorities on the difficulties that they encounter and the sheer time that it takes to process information that does not conform to their systems.
As I was about to say, where the provider of information has a reasonable excuse, information cannot be refused. Planning authorities will be under a duty to accept and fully consider this information, so those with a reasonable excuse are not disadvantaged. Where information is initially refused by a planning authority, the clause provides the discretion to accept a compliant resubmission.
In summary, this clause will ensure that, by default, information received will be usable for all of the purposes to which planning authorities need it to be put. This will make the system more efficient, enabling planning authorities to work faster and focus on planning rather than data entry. That is the main point.
I turn next to Clause 81. Outdated and expensive software is one of the barriers that local authorities face to achieving more efficient ways of working in the planning process. Systems do not work with one another, forcing manual re-entry of information while locking that information away in formats that are not reusable. Clause 81 is essential for ensuring that planning authorities can benefit from the changes in this chapter through being supported by the right software, which can process standardised data.
The intent behind Clause 81 is to ensure the provision of software that is compatible with planning data requirements, so software approval requirements will follow on from the development of data standards set under Clause 78.
Our intention is to focus on exploring software that enables better availability of information and unlocks the ability to produce better tools for planning authorities. It is therefore not our intention to require the approval of all planning data software. We will continue working with planning authorities and the technology sector to determine when and where the use of this power will most benefit the planning system. In summary, this clause is essential for delivering effective, high-quality systems which the public rightly expect of government at all levels. I commend it to the Committee.
Amendment 181, in the name of my noble friend the Duke of Montrose, relates to Clause 83, as he explained, and aims to make public the result of engagement between the UK Government and devolved Administrations. I need first to explain how this amendment impacts on the planning data section of the Bill. It is important to understand what is in scope of Clause 83 in relation to the devolved Administrations.
As it stands, the only matters within devolved competence that planning data regulations could apply to would be Part 6 of the Bill, on environmental outcomes reports, or EORs. As such, provisions relating to consultation with the devolved Administrations must be read alongside the wider EOR clauses.
As set out in Committee in the other place, the Government are continuing to work with the devolved Administrations to understand whether there is scope to extend the EOR powers to provide a shared framework of powers across the UK. Once those discussions have concluded, the Government will bring forward any necessary amendments to both Part 6 and Part 3 to reflect the agreed position between the UK Government and the devolved Administrations. I reassure my noble friend and noble Lords that, in bringing forward the new system of environmental outcomes reports, the Government are committed to respecting the devolution settlements.
In answer to my noble friend Lady McIntosh of Pickering, our discussions at this stage are with the devolved Administrations rather than with, for example, the Scottish Parliament. I hope noble Lords will agree that we should not be required to make public the results of confidential policy discussions between the UK Government and the devolved Administrations. For all these reasons, I hope that my noble friend will accept that his amendment is unnecessary.
Amendment 182, in the name of the noble Baroness, Lady Taylor of Stevenage, seeks to ensure that the Secretary of State has consulted local authorities before establishing planning data regulations. Local authorities’ input on the new data requirements is of course important as we look to transition from a largely document-based planning system to one that is data-driven.
However, I reassure noble Lords that the intention of this amendment has already been built into the approach that the department has taken to design and test the new planning data requirements. As I have emphasised, the Government’s policy aim through planning data regulations is to create consistency on a national level. This includes the way local authorities process and publish planning data and will ensure that they are supported by suitable software to meet the new requirements.
Since 2019, we have been working with local authorities to test potential new requirements, such as data standards. This has provided valuable insights on the views of local authorities and the support that they will require to implement the new data requirements. We will continue this collaborative approach to establish planning data regulations.
Local authorities are the experts in the needs of their local areas, and these local views will form the basis of our national strategy around planning data, which these regulations will establish. We will continue to work collaboratively with local authorities, through running pilots and pathfinder projects, to gather our insights and design the new requirements.
I will bring another point to noble Lords’ attention. Planning data regulations under Clauses 78 and 80 will concern the form of planning data to be processed and published by local authorities. The planning information that these regulations will address will already be part of the planning system.
Given the collaborative approach that we are already taking to design the new requirements that will inform planning data regulations, I hope that I have been able to reassure the noble Baroness that local authorities’ views have been, and will continue to be, central to any planning data regulations that will be brought forward.
The Duke of Montrose (Con)
My Lords, I thank my noble friend for giving way. I was much encouraged by his suggestion earlier: it will be helpful if the Government provide guidelines for planning data operating systems at a very early stage. I realise that my amendment was covering a very small part of the subject under discussion, but it was merely for planning data. If the discussions with the Scottish Parliament produce something different, the question of disclosure will still be important.
Earl Howe (Con)
I take my noble friend’s point. The point that I sought to make was that, of course, the outcome of our discussions with the Scottish Administration should be reflected in the eventual regulations and indeed in what is decided on the software. I hope that he will accept that our internal discussions with the Administration are part of Government-to-Government dealings and, in the normal course, should not be made public.
I was just about to cover very briefly a question that the noble Baroness, Lady Pinnock, raised about the possible transposition of existing planning records on to a new digital system. I am advised that we will not require planning authorities to completely move all their data on to a new digital planning system. The intention is for this new system to look forward prospectively, if I can put it that way.
Baroness Pinnock (LD)
I thank the noble Earl very much for that information. The danger then is that, if an old software system containing planning applications from before the new software was introduced is incompatible and is therefore not transitioned across, it will not be readable by the new system for future use. That issue ought to have been considered.
Earl Howe (Con)
That is a very relevant point. The point that has been made to us quite forcefully is that a lot of the software that is already in use is clunky and outdated, and that somehow a solution needs to be found. Clearly, the state in which systems are at the time any new system comes into play will vary from local authority to local authority. I will investigate that point further and, if I can elucidate the issue, I will gladly do so.
Lord Scriven (LD)
In his normal calm and reassuring way, the Minister pointed out on Clause 81 that there may be some leeway regarding the software that could be used. However, I will read what is in the Bill, so that the Minister can explain why there will be leeway. The power is
“to require use of approved planning data software in England”,
and the clause says:
“Planning data regulations may make provision restricting or preventing a relevant planning authority in England from using or creating, or having any right in relation to, planning data … which … is not approved in writing by the Secretary of State.”
How will that leeway come in if the Bill says that the software has to be approved in writing by the Secretary of State, and that a planning authority in England cannot use it if it is not?
Earl Howe (Con)
I simply come back to the point I am trying to emphasise, which is that the watchword here is collaboration, between central government and local authorities. We want to get this right to get a solution that local authorities themselves are comfortable with and which is compatible, authority to authority. Although the noble Lord is correct to quote the Bill as he has, our intention is not to require approval for all planning data software.
Lord Scriven (LD)
That is impossible given how Clause 81 is written, because it makes provision for
“restricting or preventing a relevant planning authority”
if software is not approved by the Secretary of State. I understand the intention, but does the Minister agree that, as Clause 81 is written, what he wishes to see is actually not allowed by the Bill?
Earl Howe (Con)
I can only supplement what the Bill says by saying that we do not intend to introduce any requirement for approval without the appropriate exploratory work and engagement with local authorities.
Baroness Hayman of Ullock (Lab)
My Lords, I thank everyone who has taken part in the debate. I thank the Minister for his customarily very detailed and helpful response. We talked briefly about the evidence base behind these clauses. It would be helpful, as he suggested, to have that provided. It would also be useful to know how up to date the information in that evidence base is.
Regarding Clause 81, will the Government support the changes they are proposing to local authorities to update their software with the resources to enable them to do so? It is pretty expensive, and we know that local authorities are not exactly flush at the moment. It will be important for there to be proper funding and resources for local authorities that need to change their software.
It was good to have the further clarification that the Minister gave to the noble Lord, Lord Scriven, just now that the Secretary of State would not have to approve all software. The Minister said that this is the intention. Unfortunately, as has just been said, that intention is not clear at all in the wording. I suggest that he mentions to his department and to officials that the wording, both in the Bill and in the Explanatory Notes, could perhaps be revisited to make that really clear, because many local authorities are worrying a lot about the implications of that wording. Perhaps a slight change might resolve some of the concerns.
Finally, my noble friend Lady Wilcox has now left, but she asked me to point out very politely to noble Lords that, in May 2020, the Welsh Assembly became the Senedd and they are now the Welsh Government.
Earl Howe (Con)
Through the noble Baroness, Lady Hayman, I apologise for any misspeak that I may have committed. I also take on board the points she just made about costs in particular.
Wednesday 22nd March 2023
(1 year, 9 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-VII(b) Amendment for Committee (Supplementary to the Seventh Marshalled List) - (22 Mar 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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Baroness Scott of Bybrook (Con)
My Lords, this might take a little bit of time. It was quite an in-depth and complicated group of amendments. I want to try and give it as much time as I can. I will go through Hansard, but if I miss anything out, I ask noble Lords to come back to me and I will make sure they get a Written Answer as soon as possible.
I want to start where the noble Baroness, Lady Taylor of Stevenage, started: why are we having a national development management policy in legislation? Why are we having this change? The case is fivefold. First, it will do what a number of noble Lords have said that it will not do—it will do completely the opposite. It will help local authorities produce swifter, slimmer plans by removing the need to set out generic issues of national importance. It will make those plans more locally relevant and easier for communities and other users to digest and to get involved in developing, through consultation and communications with local communities.
It will be easier for applicants to align their proposals with national and local policy requirements and, where they wish, to go beyond them. We expect that this will be particularly valuable for SMEs. It will provide greater assurances that important policy safeguards which apply nationally or to significant parts of England, such as protections for areas at risk of flooding, policy on climate change and policy to protect the green belt, will be upheld in statutory weight and applied quickly across the country, including when any changes are made. It will mean that this framework of common national policies can guide decisions, even if the local plan is significantly out of date and cannot be relied on. For example, where there is no up-to-date local plan, it will ensure that the national protections for things safeguarded solely through the planning policy—local wildlife sites, for example—have clear statutory status equivalent to an up-to-date plan. I hope that gives some context for what I am going to go through in relation to the amendments.
Amendment 183 in the name of the noble Baroness, Lady Taylor of Stevenage, seeks to require local authorities to review and update their development plan at least every five years. I reassure noble Lords that we recognise that if local plans are to be effective, they must be kept up to date. Currently, plans must be reviewed to assess whether they need updating at least once every five years and should then be updated as and when necessary. The Government made it clear in the policy paper published alongside the Bill introduction in May 2022 that we intend to require through regulation that authorities commence an update of their local plan every five years. They do not consider it; they do it. Although I fully understand the spirit of the amendment, these procedural matters have traditionally been addressed via regulations and it is our intention to maintain this approach. Consequently, we cannot support this amendment.
The noble Baroness, Lady Taylor of Stevenage, mentioned the right to be heard, or not heard, in an inquiry. No right of appearance at an examination applies only to the strategic-level spatial development strategies. This is already a well-established practice and the only spatial development strategy that exists at the moment is the London plan. That one is very specific.
I turn to my noble friend Lord Young of Cookham’s Amendments 184A and 187B, which aim to ensure that decisions on planning applications are taken in line with an up-to-date plan, which is defined as one less than five years old. As previously mentioned, we know that, for local plans to be effective, they must be kept up to date. Currently, plans must be reviewed to assess whether they need updating every five years, and they should then be updated as necessary. As I said, we will replace the current review requirement, which is a source of confusion and argument, with a new, clearer requirement in regulation for authorities to commence an update of their local plan every five years. However, it is important that we do not create in law a cliff edge that forces important aspects of plans to be out of date for decision-making purposes just because they are more than five years old. This would, for example, very considerably weaken green-belt protections.
I make it clear to noble Lords that we are retaining the current provision that gives precedence to the most up-to-date development plan policy, should conflicts occur. For example, where the local plan is out of date but a more recently approved neighbourhood plan is in place, the latter would take precedence, which I think is good. I fully understand the intention behind these amendments—they would certainly focus authorities’ minds on plan-making—but I believe that our legislation and policy provisions for keeping plans up to date strike a better balance. As a result, we do not feel we can support these amendments.
My noble friend Lord Young of Cookham also asked what happens if a local authority does not produce a local plan. The Bill retains and updates local plan intervention powers, which have been an important safety net to enable the Secretary of State to take action in certain circumstances in order to ensure that communities can benefit from a plan-led approach to growth.
My noble friends Lord Lansley and Lord Young of Cookham asked about local plans and whether government reforms would close what was referred to as a “loophole”. We intend to introduce this requirement for local authorities to commence the update of their local plans at least every five years, which will close that loophole in the future.
The question from the noble Baroness, Lady Pinnock, on the important issue of the five-year housing supply, probably relates to this group. To incentivise plan production further and ensure that newly produced plans are not undermined, we have made clear our intention to remove the requirements for local authorities to maintain a rolling five-year supply of deliverable land for housing where their plan is up to date—that is, adopted within the past five years. So, carrot and stick.
I move now to noble friend Lord Lansley’s Amendment 185, which tests the Government’s rationale for inserting “strongly” into the new decision-making test for planning applications. This is an important reform that seeks to provide greater certainty in decision-making, so I welcome the opportunity to explain our logic behind the change. Clause 86 reforms decision-making to strengthen the role of the development plan in practice. This includes strategic plans such as the London plan, as well as local plans and neighbourhood plans. Planning application decisions would be able to depart from the development plan and any national development management policies only where
“material considerations strongly indicate otherwise”.
It would no longer be enough for those other considerations merely to “indicate” otherwise.
Simply put, this will support the plan-led system by making it harder for planning decisions not to accord with the development plan and the national development management policies. The bar for developers will be higher if they wish to argue at appeal that their proposals should still gain planning permission even though they do not accord with the development plan and the relevant national development management policies. As a result, the changes are likely to reduce the number of planning appeals that local authorities face and the number of unanticipated developments that communities face on their doorsteps.
Baroness Taylor of Stevenage (Lab)
I am sorry; I do not want to try the Minister’s patience, but we are not understanding how the various things sit together—the NPPF and the NDMPs. It is not quite clear to me how that will work, and it will make life very difficult for planning inspectors. We have talked before about a meeting to explain some of this in more detail, and that would be extremely helpful to those of us who are considering the Bill closely. If we could get a better understanding of that, it would be very helpful.
Baroness Scott of Bybrook (Con)
I am really happy to do that, because it is complex; there are a lot of acronyms and what have you. I do not think that this is the time of night to be discussing detail, so I am happy to put together a meeting as soon as possible, and we will go through it in detail.
I turn now to Amendment 189, also in the name of the noble Baroness, Lady Hayman of Ullock, which would allow Parliament to make national development management policies itself. Like national planning policy made at present through the National Planning Policy Framework, national development management policies will serve a broad purpose and will sit alongside policies in locally produced plans as a starting point in considering the suitability of development proposals. They will carry forward the role that successive Governments have played since the 1940s in setting high-level national policy that influences plans and decisions. This is a key function of government, which would be undermined by the creation of a dual-power system, as this amendment seeks to do. An effective planning system cannot be achieved if Ministers and Parliament could create contradictory policies by both having the vires to do so. Such a role for Parliament in planning has not been previously proposed, and I am afraid that it is not one that we can support.
Amendment 190, also in the name of the noble Baroness, would impose a legislative restriction on setting fixed standards through national development management policies, while retaining an ability for those policies to set floors which could be exceeded. Unlike building regulations, national planning policies are not used to set specific standards in most cases. Nevertheless, I understand the concern behind the amendment: that national development could, potentially, be used to constrain what locally produced plans are able to do.
The question about how national development management policies are to be used is one that we have consulted on recently. Through that, we were clear that our intention is that they will address planning considerations that apply regularly in decision-making across the country, such as general policies for conserving heritage assets and preventing inappropriate development, including on belts and in areas of high flood risk—the types of policy already contained in the National Planning Policy Framework. Our consultation also said that we were minded to retain the scope for optional technical standards to be set locally through plans so that local planning authorities can go above minimum building standards. The responses to the consultation are being assessed at present, as noble Lords know.
More broadly, it is important that we do not impose restrictions on the national development management policies, which could prevent sensible use of them. It may be appropriate to set absolute standards in one or two instances for reasons of consistency or to prevent harm—for example, in relation to pollution limits. This is best addressed through policy on a case-by-case basis rather than blanket restrictions in legislation. For these reasons, we do not think it necessary or appropriate to impose specific requirements or limitations of the sort that this amendment would entail, so I hope the noble Baroness will understand that we are not able to support it.
I move to Amendment 191, which seeks to probe the direction and modification powers of the Secretary of State to revoke and modify national development management policies. The power to revoke and modify the policies is bound by the same requirements as those to make them, including those on consultation. We recognise that, once the first suite of those policies is published, there must also be a clear legal framework for modifying and revoking them. Like the National Planning Policy Framework, national development management policies will need to evolve over time, reflecting new government priorities and changing economic, social and environmental challenges, as well as trends in planning practice. That is why the Bill gives the Secretary of State the power to revoke and modify these policies; without this power, they would become too rigid and potentially ineffective.
However, I would like to reassure noble Lords that the power to revoke and modify the policies will not be used lightly. It is not a mechanism to remove long-standing national planning policies, such as protecting the green belt or tackling flood risk. We want to see consultation, engagement and debate across the sector about potential changes to the policies, in the same way as happens now with the National Planning Policy Framework. Given that any revocation and modification must follow the same procedural requirements as the creation of the new national development management policies, we feel that this amendment is unnecessary and, therefore, not one we can support.
I turn to Amendments 191A and 191B in the names of the noble Baronesses, Lady Thornhill, Lady Jones of Moulsecoomb and Lady Taylor of Stevenage, and the noble Lord, Lord Shipley, which seek to change the requirements for making national development management policies so that they more clearly mirror those for national policy statements. National policy statements are used to set out the policy for nationally significant infrastructure projects—planning decisions that are made by Ministers. National development management policies will serve a broader purpose than this and will sit alongside policies in locally produced plans when local decision-makers consider the suitability of development proposals. As previously mentioned, they will carry forward the role that successive Governments have played since the 1940s in setting high-level national policy that influences plans and decisions.
Clause 87 already imposes an obligation on the Secretary of State to ensure that consultation and participation take place as appropriate, and our recent consultation on the future of the NPPF and the NDMP confirms that public consultation will be carried out before they are designated.
The requirements in this Bill set out that the Secretary of State must explicitly consider public consultation when determining what consultation is appropriate. This is similar to the approach for national policy statements, which also require consultation as the Secretary of State thinks appropriate, although they do not include explicit consideration of “public” consultation as in the existing clause.
I acknowledge that the existing clause uses the phrase “if any” in relation to consultation. It includes this as there may be rare occasions where it would be appropriate not to consult on a draft national development management policy, such as if urgent changes are needed in the national interest. For example, during the pandemic, the Secretary of State was able to issue an urgent Written Ministerial Statement in July 2020 to temporarily change national planning policy so that theatres, concert halls and live music performance venues could be given a degree of protection where they were temporarily vacant due to Covid-19 business disruption.
The changes that we discussed earlier to the decision-making test in Clause 86, which strengthen the weight given to the development plan over material considerations, mean that such a policy would have had significantly less weight in planning decisions today, unless it was made a national development management policy.
I hope I have reassured noble Lords that we have developed a proportionate framework for creating national development management policies, and explained why we have taken a different approach from that for national policy statements, meaning that we do not feel able to accept this amendment.
Amendment 196, in the name of the noble Baroness, Lady Hayman of Ullock, would require the Secretary of State to publish a strategy for public consultation and parliamentary scrutiny of national development management policies within 120 days of the Bill’s passage. As I have set out, the Bill makes appropriate provision for consultation, which is reinforced by the clear commitment in our recent consultation that we will consult on these policies. Against this backdrop, we believe that a legal obligation to publish a strategy for consultation is unnecessary, and so this is an amendment that we feel unable to support.
I turn next to Amendment 194, also in the name of the noble Baroness, Lady Hayman of Ullock, which would require the Department for Levelling Up, Housing and Communities to publish annual reports reflecting the cost of producing and maintaining national development management policies and any support given to local planning authorities. I reassure the noble Baroness that national development management policies will not create a new financial burden for local planning authorities or central government. The cost of producing national development management policies as a function of the Secretary of State will fall to the Department for Levelling Up, Housing and Communities. We expect that the cost of preparing and maintaining national development management policies—in Civil Service resource and specialist expertise—will be similar to that for producing and maintaining the National Planning Policy Framework. We will also ensure that the Planning Advisory Service, which my department funds, provides local planning authorities with training and support to help manage the practical transition to using national development management policies when they are making decisions.
Against these upfront costs, local planning authorities will financially benefit from national development management policies, as they will not need to develop or justify these policies themselves when their plans are examined by the Planning Inspectorate. As our impact assessment makes clear, national development management policies will provide greater certainty to developers and communities, potentially providing significant savings for businesses. Our impact assessment estimates that the benefits of increasing certainty in the planning system due to the measures in the Bill will be just over £2.8 billion over a 10-year appraisal period. For the reasons that I have set out, while I thank the noble Baroness for her amendment, it is not one that I am able to support.
Amendment 216, in the name of the noble Baroness, Lady Taylor of Stevenage, and Amendment 220, in the name of the noble Baroness, Lady Hayman of Ullock, would remove the requirement for local plans to be consistent with national development management policies and prevent such a requirement in regulations. These amendments would fundamentally diminish the ability of our reforms to make local plans easier to prepare and to create more certainty for applicants, communities and local planning authorities. Through the Bill we are strengthening the role of the development plan in decision-making by changing Section 38 of the Planning and Compulsory Purchase Act 2004 so that planning applications must be decided in accordance with the development plan and the national development management policies unless material considerations strongly indicate otherwise.
Lord Lansley (Con)
I hope my noble friend will forgive me for interrupting. I understand the point she is making about Amendment 216, and why she is resisting removing the idea that local plans must not be inconsistent with national development management policies, but it also says, “or (in substance) repeat”.
I am trying to understand. Let us take the chapter in the NPPF on green belt. The first part is about plan-making for the green belt, and the second part is about proposals coming forward within green belt land and the criteria that should be applied as to whether or not an application would be accepted. On that latter part, is my noble friend saying that the local plan cannot repeat that—that it must therefore refer to it but not repeat it? Is that the point she is making?
Baroness Scott of Bybrook (Con)
The whole idea of moving national policies away from local policies is that we do not have to repeat them. I will reflect on what my noble friend says about how it is referred if an area has a particular issue with something such as the green belt and come back to him, because I think he has a point.
Amendment 221, in the name of the noble Lord, Lord Best, seeks to require older people’s housing needs assessments to be included in the evidence for local plans and would require local authorities to consider the needs for older people’s housing when preparing such plans. While I entirely understand the sentiment behind this amendment, the proposed approach is not needed. National policy already sets strong expectations, and we recently consulted on strengthening this further. The existing National Planning Policy Framework makes clear that the size, type and tenure of housing needed for different groups in the community, including older people, should be assessed and reflected in planning policies. In 2019, we also published guidance to help local authorities implement the policies that can deliver on this expectation.
I also make it clear to noble Lords that, to further improve the diversity of housing options available to older people and to boost the supply of specialist elderly accommodation, we have proposed to strengthen the existing policy by adding a specific expectation that, when ensuring the needs of older people are met, particular regard is given to retirement housing, housing with care and care homes. We know these are important types of housing that can help support our ageing population.
Furthermore, there is already a provision in the Bill that sets out that the Secretary of State must issue guidance for local planning authorities on how their local plan and any supplementary plans, taken as a whole, should address housing needs that result from old age or disability. These are strong legislative and policy safeguards which should ensure that the needs of older people are taken fully into account. For that reason, I hope the noble Lord, Lord Best, will understand why we do not support this amendment.
I note that there is a question from my noble friend Lord Young and the noble Lord, Lord Best, on the task force. I will go back to the department and ask for an update. I can assure noble Lords that I will give them one in the next couple of days—certainly before Recess or Report.
I hope I have said enough to enable the noble Baroness, Lady Taylor of Stevenage, to withdraw her Amendment 183 and for the other amendments in this group not to be moved when reached.
Monday 27th March 2023
(1 year, 8 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-VIII Eighth Marshalled list for Committee - (23 Mar 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Hayman of Ullock (Lab)
My Lords, it has been a very good debate, and there clearly is a lot of support for the amendments in the name of the noble Baroness, Lady Parminter. We also strongly support them.
As has been discussed, the Environment Act created the local nature recovery strategies and introduced the statement of biodiversity priorities for local areas, accompanied by the habitat map, which identifies where people can contribute to enhancing biodiversity. As the noble Lord, Lord Teverson, said, these are not just nice to have; they are essential if we are to not simply reverse the decline but improve the situation. We know that local nature recovery strategies have the potential to really drive forward the recovery that is so badly needed. Importantly, they bring local knowledge and expertise into play. Also, as we have heard, the duty to apply the local nature recovery strategies in decision-making such as planning is too weak and will have a negative impact on their effectiveness.
My noble friend Lady Jones of Whitchurch pointed out that the Government chose not to accept amendments tabled during the passage of the Environment Bill that would have required local authorities to take close account of local nature recovery strategy land identifications when making planning decisions. She also referred to the pledges made by the noble Lord, Lord Goldsmith. Some of us who spent a lot of time considering that Bill had expectations in this area, and I am pleased that the noble Baroness has tabled these amendments so that we can debate those expectations.
The noble Baroness made it clear that the guidance for authorities on the application of the strategies is just not strong enough. As a result, despite groups mapping sites that will be essential to nature recovery in a local area, local authorities will not necessarily have to take proper notice if they do not want to. That is the fundamental problem, and we do not want lots of time and effort on the part of local nature recovery strategy groups and supporting bodies such as Natural England to be wasted, and opportunities then completely missed.
These amendments, tabled by the noble Baroness, Lady Parminter, and supported by many noble Lords, would rightly prevent any wasted effort and enable the local nature recovery strategies to achieve their full potential. Incorporating them into local planning authorities’ development plans is surely an obvious way to go about this. We do not want them to be weak documents, sitting on a shelf somewhere and not informing proper strategic day-to-day planning decisions. We need them to make a real difference, not just a tangible one.
As we have heard, many people think that greater weight should be given in planning to local nature recovery strategies. The Environmental Audit Committee and the Office for Environmental Protection have supported this approach. The noble Baroness, Lady Willis of Summertown, talked about our commitments at COP 26, saying that there is a gap between what we say we will do and what we actually do, and that planning plays a very important role in nature recovery. As the noble Baroness, Lady Parminter, asked, what are our priorities for the future? How will we meet the government targets? Surely, anything that helps deliver the local nature recovery strategies is to be welcomed. The noble Lord, Lord Blencathra, certainly thought this: he made it very clear that he thinks it important that this be included.
I hope that the Minister agrees with those who have spoken today and sees the absolute sense in accepting these amendments.
The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)
My Lords, I start by wishing the noble Baroness, Lady Young of Old Scone, a speedy recovery, and I thank the noble Baronesses, Lady Parminter and Lady Willis, and others, for bringing forward these amendments. There is a lot of unity in this Chamber regarding what we are seeking to achieve here, and I have listened with great interest to the debate.
On the last point made by the noble Baroness, Lady Hayman, this is an attempt to hard-wire nature into our planning system. Many will argue that it already is, but as has been pointed out by many others, nature continues to be depleted. Species decline is now a serious crisis. As the noble Baroness, Lady Pinnock, pointed out, this is not just an environmental crisis but an economic one, as the Dasgupta review so vitally illustrated.
Amendments 184ZA and 242I in the name of the noble Baroness, Lady Parminter, provide a revision of the prior amendment, Amendment 184, to set out the relationship between local nature recovery strategies and development plans, to ensure that local nature recovery strategies’ objectives are reflected in development plans. These amendments would require that the Secretary of State’s guidance on how to have regard to local nature recovery strategies must include information on the degree of compliance with them.
Lord Lucas (Con)
My Lords, I very much hope that my noble friend will reflect. As he started his remarks, I was buoyed with confidence that the Government had taken on board the sheer difficulty of turning what throughout my lifetime has been a process of depleting nature into a process of augmenting nature. It requires difficult internal decisions in all sorts of processes to get this right. Unless we give the process a good deal of strength and power, it will, as the noble Baroness, Lady Jones of Whitchurch, said, just be ignored; there will always be an excuse for letting it go. I urge my noble friend that this may be the time for a little too much force on the tiller, to make sure that we make this change. If we find that we are clogging up the development system, we can perhaps let it go a bit, but we have been headed in the wrong direction for so long that we need to be absolutely sure that we are doing enough to turn the corner.
Lord Benyon (Con)
I thank my noble friend for his wise intervention. We have come a very long way. Over a decade ago, the natural environment White Paper created local nature partnerships. Some of those have been incredibly successful but some have not. What we are trying to create here on a statutory basis is something that will see around 50 of these right across the country, with consistency and a determination to draw the threads of the desire to restore nature through the planning system and get good decision-making as a result. I am happy to work with my colleagues and anyone in this House to see whether that can be tweaked but, at this stage, I think we are going a long way towards creating the kind of regulatory and statutory basis that we need to see the proper restoration of nature.
Lord Scriven (LD)
I am straying on to the next set of amendments, but the Minister made it very clear that, regarding building up local plans, there needs to be flexibility and that something statutory in the Bill would stop that. However, under Clause 86, if there is a difference between the local plan and national guidance, statutorily, in the Bill, it says that national guidance must be followed—so there is no flexibility. Can he explain that contradiction?
Lord Benyon (Con)
As the noble Lord says, he is perhaps straying on to the next group. What we are concerned with here is making sure that we are creating a plan that is agreed locally under very clear guidelines, and that has a proper weight in planning decisions across the country. We will then see an understanding of where the nature-rich areas are, where nature can be improved and what the particular features are in those areas that need restoration, all unpinned with an understanding of what species exist and where they can be increased in abundance. That is what we are trying to achieve here. We all want the same thing. I think we have gone a long way to achieving that and I have listened carefully to what noble Lords have said.
Lord Scriven (LD)
It was not a matter of the plans. The Minister has said that, as a matter of principle, the reason to reject the amendment was that flexibility is needed and that statutory provision for the automatic assumption to accept another plan should not be in the Bill. But Clause 86 says exactly that. I am trying to tease out why it is okay for one national plan but it is not okay for these local environment plans. What is the difference, as a matter of principle, if flexibility is required for local plans in every area, as the Minister said?
Lord Benyon (Con)
There are over 200 clauses in the Bill, and what good legislation seeks to do is to achieve the right balance between the needs of society—new houses, energy and the rest of it—and the understanding that we have a serious problem. We think we have that degree of flexibility about right here. There may be other parts of the Bill that are more rigid in what they seek to achieve, but I have tried to explain that if flexibility did not exist here, rather timid plans might be created, and we want ambitious plans to be created for these local nature recovery strategies. That is why we think this degree of flexibility is the right way forward.
Baroness Parminter (LD)
I thank the Minister for his remarks, and for the fact that he recognised the strength of feeling right around the Committee. As he said, we all want the same thing; we all want to restore nature from its depleted state, and these local nature recovery strategies are a brilliant tool. As my noble friend Lord Teverson acknowledged, on these Benches and others we think this was a good initiative by the Government. The trouble is that it is not going quite far enough. Like the noble Lord, Lord Lucas, and others, I was initially buoyed by the Minister’s comments. In his words, this is about hard-wiring nature into the planning system. It is—that is what we are trying to do. Frankly, it is a once-in-a-generation opportunity to respond to the challenges that nature faces and that the citizens in our country are desperate for us to address.
Guidance alone will not be enough; it will not cut it—we know that. There are enough people in this Chamber who have been or are councillors who know that, when push comes to shove, if there is not some purchase on the planning system—if the local plan is not clear that the local nature recovery strategies are a key evidence base for the local plan—it just will not happen. Nature is not something you can just talk about, and the Government are good at getting plans together on local nature recovery. You can make as many targets as you like but if you do not will the means we will get nowhere.
Baroness Pinnock (LD)
My Lords, this has been an excellent debate on the conflicts that will inevitably exist between the national development management policies and local plans. I thank my noble friend for pointing out in great detail the difficulties that may arise.
At the heart of this is the fact that, at the moment, we have no idea what will be included in the NDMP. Frankly, that is fairly critical as to whether or not there will be conflict. It will depend on whether these will be very high-level national policies, as in the current National Planning Policy Framework. It will depend on whether they will set standards, as the noble Baroness, Lady Bennett, has suggested. It will depend on whether they will simply reflect what is currently national planning policy but put it into a statutory situation for local planning authorities and local councils to agree to.
In Committee on the Bill last Wednesday, the Minister suggested that we would have a round table to try to tease out the detail and meaning behind the Government’s proposals in the Bill. It is absolutely vital that that happens as soon as possible. Throughout our debate on the plan-led process, it became clear that, if the intentions of the Government for the national development management policies are not understood, there will be conflict—as this group of amendments makes clear—around the degree to which local people have power and influence over local plans at this stage, and around the degree to which planning inspectors who are set to look at the local plans that are drawn up have power and influence over local plans. That is why it is really important that we hear from the Minister as soon as possible. What sort of policies are going to be included in NDMPs? At the moment, it is a fairly blank screen.
I have only one other thing to say, which has been raised by my noble friend. New subsection (3) inserted by Clause 87, which is about revoking or changing the NDMP, says that
“the Secretary of State must ensure that such consultation with, and participation by, the public or any bodies or persons (if any) as the Secretary of State thinks appropriate takes place.”
I hope the Minister will be willing to take away “if any” in that clause and reflect how important it is for local plans to be accepted by local residents. That means that the NDMP has to be acceptable to and accepted by local residents, as it is going to dictate the content or the direction of travel of local plan decision-making. There is a lot that hangs on the content of the NDMP, so I hope that when the Minister replies she is able to give us some hints as to what it will be.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, I begin by addressing Amendments 185A and 192 in the names of the noble Baronesses, Lady Taylor of Stevenage and Lady Hayman of Ullock, which seek to remove or reverse the precedence given to national development management policies over the development plan in planning decisions where there is a conflict between them. I welcome this further opportunity to explain the objectives behind this aspect of the Bill.
As I indicated in our debate on this issue last week, national development management policies are intended to bring greater clarity to the important role that national policy already plays in decisions on planning applications. A clear and concise set of policies with statutory weight will make sure that important safeguards, such as protections for designated landscapes and heritage assets, are taken fully into account, without these basic matters having to be repeated in local plans to give them the statutory recognition they deserve.
These amendments deal specifically with what to do in the event that there is a conflict between national development management policies and the development plan when a planning decision must be made in accordance with both. The amendments would remove the certainty created by the Bill that up-to-date national policies on important issues, such as climate change or flood protection, would have precedence over plans that may well have been made a long time ago.
Some local plans are woefully out of date; for example, some date back to the 1990s. Only around 40% of local planning authorities adopted a local plan within the last five years. It would, in our view, be wrong to say that, in the event of a conflict, national policy does not take precedence over out-of-date policies in these plans, which is what these amendments would achieve. This point is particularly crucial because we wish to use national policies to drive higher standards, especially on good design, the environment and tackling climate change, and it is important that these take precedence in the event of a conflict with out-of-date policies in plans.
Nevertheless, I expect such conflicts to be very limited in future as we are making it easier to produce plans and keep them up to date, and because the Bill makes sure that new plans will be drawn up consistently with national policies, including the new national development management policies. Given the important role that national development management policies will perform and their benefits in providing certainty, I hope noble Lords understand that we are not able to support this amendment. I agree with my noble friend Lord Young of Cookham that few, if any, conflicts should arise under this new way of working.
Amendment 186 in the name of my noble friend Lord Lansley would give national development management policies precedence over the development plan only where there was a “significant” conflict between the relevant policies. Where a local policy and national development management policy are both relevant considerations but not in any conflict, it will still be for the decision-maker to decide how much weight is afforded to these policies based on their relevance to the proposed development. Our clause sets out only what should be done in the event of a conflict between policies where they contradict one another. My noble friend brought up the green belt. Policies controlling development in the green belt are standard nationally and will be set out in the NDMPs. Local plans could—will—define the boundaries of the green belt, as they do now, so I do not think there should be any conflict between those two issues.
We have explained why we believe it is important that NDMPs are prioritised in the event of such a conflict, and we expect such conflicts to be limited, as I have said.
Lord Lansley (Con)
I fear I was not clear enough about what I asked about last week and hoped to hear more about. Chapter 13 of the NPPF describes the green-belt policies. It forms two parts: the first relates to plan-making and the second, from new paragraph 149 onwards, to how these policies should be applied in relation to development in the green belt and the determination of planning applications. My assumption has been—partly answering the point made by the noble Baroness, Lady Pinnock, that we do not know what the NDMPs are; this is a good illustration—that the latter will be NDMPs, the former will not. There will continue to be guidance in the NPPF. If I am wrong, I would be glad to be advised; otherwise, it would be helpful to understand how these things divide up.
Baroness Scott of Bybrook (Con)
I am sorry. Obviously, I got the issue slightly wrong in the last debate. I thought that we were talking about a conflict between two green-belt policies. I will go back to Hansard. Obviously, my answer is not relevant, therefore, but I will check that out and give my noble friend a proper answer in writing. I think that is the best way to do it, as we got it wrong.
Additionally, the suggested wording of Amendment 186 would also generate uncertainty and associated litigation, because the term “significant” would be open to considerable interpretation. Therefore, as the amendment would cut across the greater certainty which we hope to bring to planning decisions, it is not one that we feel able to accept.
My noble friend Lord Lansley also brought up the decision-making role of the NDMPs being constrained by matters not covered by an up-to-date plan. NDMPs will focus on matters of national importance that have general application. This will enable the local plans to be produced more quickly so that they no longer move to repeat the things that are in the national plans. It is important that there should not be—as there is now—this duplication in plans. I think this makes it simpler and less open to conflict.
Amendment 187 in the name of the noble Baroness, Lady Hayman of Ullock, which relates to higher-tier authorities with planning powers, would give precedence to the development plan over national development management policies, where a mayor or combined authority has strategic planning powers, or where a group of local planning authorities have produced a joint spatial development strategy.
As I have set out, we believe that there are good reasons why, in certain cases, national development management policies may need to take precedence over those in the development plan. National development management policies will underpin, with statutory weight, key national policy protections in cases where plan policies, including spatial development strategies, become out-of-date.
I note that the Secretary of State already has powers to direct amendments that must be made to draft versions of spatial development strategies before they are published, where he thinks it is expedient to do so, to avoid any inconsistency with current national policies. These powers have been used sparingly in the past, although they have been used where important national policies were duplicated but inappropriately amended.
For these reasons, we believe it is right that national development management policies would be able to override the development plan in those cases where it is absolutely necessary, even where there is a strategic plan-making body in place. Thus, this is not an amendment that we feel able to support.
I think I answered my noble friend Lord Young of Cookham in a previous debate, but I will repeat what I said for those Members who were not here last time. Amendment 187B in the name of my noble friend Lord Young of Cookham aims to ensure that decisions on planning applications are taken in line with an up-to-date plan, with an up-to-date plan being defined as less than five years old.
As previously mentioned, we know that, for local plans to be effective, they must be kept up to date. Currently, plans must be reviewed to assess whether they need updating at least once every five years and they should then be updated as necessary. We intend to replace this current review requirement, which is a source of confusion and argument. It has been described in this place as a loophole and I have some sympathy for that characterisation.
In the Bill policy paper published last May, we committed to set out a new, clearer requirement in regulations for authorities to commence an update of their local plans every five years. It is, however, important that we do not create a cliff edge in law that forces important aspects of plans to be out of date for decision-making purposes just because they are more than five years old; this would, for example, have the effect of weakening green belt protections very considerably.
Lord Lansley (Con)
I am sorry to interrupt again, but my point relates to having an up-to-date plan. My noble friend has made clear her rather compelling points about the national development management policies taking precedence over an out-of-date plan but, if there is in place an up-to-date plan that works and is both recent and relevant, why should an NDMP seek primacy over an up-to-date local plan?
Baroness Scott of Bybrook (Con)
What I am trying to explain to noble Lords is that there should be no conflict because they deal with different things. The national development management policies are likely to cover common issues that are already being dealt with in national planning policies, such as the green belt, areas at risk of flooding and heritage areas. They would not impinge on local policies for shaping development, nor would they direct what land should be allocated for a particular area. They are totally different things. Looking to the future, therefore, I cannot see what conflict there would be.
Baroness Pinnock (LD)
I just want to explore this further, if the Minister will agree to it. The question from the noble Lord, Lord Lansley, is at the heart of this issue. Where there is an existing, up-to-date local plan, why should that not have primacy over the national development management policies, because it will have taken cognisance of those in developing the local plan?
Can the Minister help me here? In the NPPF, there are 16 national planning policies. Does she anticipate that those will be translated into the NDMPs? It is at that level that we need to understand this because, when it comes to local plans, the NPPF is part of them; as the Minister rightly argued, it is put into local plans. But then they are then interpreted locally, for local reasons, which is why I am concerned about an NDMP having primacy over up-to-date local plans.
Baroness Scott of Bybrook (Con)
The national development management policies are dealing with the top-level issues. The noble Baroness is absolutely right that we are out to review those issues of consultation. These issues have come back. We have not got the list yet, but your local plan will accept those as being there and will then deal with issues that are local. As my noble friend said, there will be issues such as the green belt, but they will take into account the national policies on green belt and deal only with very localised policies on it, so there should be no conflict. I do not see where that conflict can be. But we are going to have a meeting on this to further discuss and probably have, not arguments, but strong debates—those are the words—on these issues.
Lord Scriven (LD)
My Lords, I am more confused than I was when the debate started. If there is no conflict, what is the point in having the clause?
Baroness Scott of Bybrook (Con)
The point is to make clear that there is no conflict.
Amendment 193, tabled by the noble Baroness, Lady Hayman of Ullock, would require the Secretary of State to
“lay a Statement before both Houses of Parliament”
if there is
“a conflict between the national development management policy and a development plan”.
As I have noted, actual instances of conflict between national development plan policies and those being included in the plans should be relatively unusual, as the Bill makes clear that planning policies should avoid such conflicts—something that will, in cases of doubt, be assessed transparently through public examination of those emerging plans as they are made. Should any conflicts arise when considering individual planning applications or appeals—for example, where the local plan has become very out of date—this will need to be made very clear through the report on the application, or the evidence before the planning inspector. These procedures will ensure transparency for communities. At the same time, it would be impossible for the Government to track every instance of such a conflict arising and to report to Parliament on it. Therefore, I hope that the noble Baroness, Lady Hayman, will understand that this is not an amendment we can support.
Amendment 195, also tabled by the noble Baroness, Lady Hayman of Ullock, would require the Secretary of State to consult county combined authorities if it is deemed that there is a conflict between the national development management policy and a development plan. As I have already explained, where any inconsistencies arise between an emerging plan and the national development management policies, these will be evident during the plan preparation and examination. We expect that any county combined authority will be engaged in this process at the local level. There is no need for an additional statutory requirement to be placed on the Secretary of State in the way the amendment would do.
I have also pointed out the impracticality of applying a requirement of this nature in relation to any inconsistencies which might arise in the handling of individual planning applications, the great majority of which will not be cases that the Government are party to. Consequently, I hope that the noble Baroness will understand that we are unable to support this amendment. I hope that I have said enough to enable the noble Baroness, Lady Taylor of Stevenage, to withdraw her Amendment 185 and for other amendments in this group not to be moved as they are reached.
The noble Baroness, Lady Thornhill, asked what intervention powers the Government will have to get involved. We think that local authorities know their area best and, unequivocally, are best placed to produce their own local plans. However, if local plans are not produced or are failing, or if something is absolutely wrong with that plan, the Secretary of State will retain the power to intervene if necessary.
Baroness Taylor of Stevenage (Lab)
My Lords, one of the problems that those of us who have been very involved in the planning system are having is that we cannot see how this all fits together and works in practice. In her last statement, the Minister said that local authorities know their area best, and those who have been involved in this system would certainly agree with that but, as we go through the process of looking closely at the Bill, it is getting more rather than less confusing.
We had a good discussion and some key issues have emerged, first around how little detail there is about the hierarchy of this new planning process. I accept that the Minister has offered to have a round table with us to discuss what that structure looks like and to listen to more of our concerns about how this is going to work in practice. There was a great deal of consideration of the issues around the strategic development plans for these new CCAs. A lot of work will go into the joint working on those strategic development plans, with their constituent members and partners. They reflect the significant new powers that they will have over transport, environment and issues relating to some other public bodies—potentially health, policing and so on. Some of us are struggling to understand why, after all the work that has gone in, there may be an intervention from the Government via the NDMPs to say that the planning process has to be intervened in or overturned. That is also of concern.
Another element was the consideration of whether this would be different depending on whether an up-to-date plan is in place or not. That is a key consideration and I accept the point from the noble Lord, Lord Lansley, that it may make a great difference as we go through the consideration of how these plans will work and what the review requirements are. We made the point in previous discussions, and I will make it again, that the big difference between the NPPF and the new NDMP is that the NPPF is guidance. As we have discussed previously, it can be flexible to local needs and often is, whereas the NDMP is going to be statutory. For example, how would it deal with applications made within the green belt? These are some of the practical issues with which some of us are wrestling, and I hope that a round-table discussion helps clear some of that up.
The noble Lord, Lord Lansley, gave a very clear exposition of how he sees the word “significant” making a difference. I appreciate that. Of course, lawyers will be lawyers—I know there are some in this Chamber, so I will not take this line too far—but they embrace any words that can be interpreted in different ways, as we know. Those of us who have been in legal battles around these things before have the scars to show for it. My concern about that amendment was simply that it would result in a great deal of litigation.
We were discussing the planning powers of constituent local authorities and, of course, the role of these new CCAs will be very different from the role of either district councils, when they are doing their local plan, or county planning authorities, when they do things such as mineral and waste plans. I think we need some careful consideration of how those much more strategic plans will relate to NDMPs.
I have commented on the point from the noble Lord, Lord Lansley, about up-to-date plans; I think, where we have one, they should take precedence. The Minister also talked about how, if the neighbourhood plan is more up to date than the local plan, the neighbourhood plan would take precedence. By logic then, if the local plan is more up to date than the NDMP and there is a conflict between them, the local plan should take precedence. I cannot see why one would apply and the other would not.
Earl Howe (Con)
My Lords, I declare my interest as the owner of let residential property. As we have heard, all the amendments in this group draw attention in their different ways to the healthy homes agenda, whether relating to the health of the population or that of the planet, as regards both planning policy and the physical delivery of new homes. There is a lot to cover, so I hope noble Lords will forgive me if my response is fairly lengthy.
I begin by paying tribute, as other noble Lords have, to the noble Lord, Lord Crisp, for the assiduous work he has done in championing the healthy homes agenda—including through his Private Member’s Bill, which is currently proceeding through your Lordships’ House. Amendments 188 and 395 to 399, which articulate the key principles for healthy homes and are supported by Amendments 241 and 281D in this group, transport us back to the Second Reading debate of that Bill, which took place last July. Members of the Committee will recall from that debate that what separated the noble Lord’s position from that of the Government was not any issue of principle around the desirability of healthy homes. Where we had to part company with him—and, I am afraid, must continue to do so—was on the extent to which new legislation should duplicate legal provisions already in place, and, to the extent that it does not duplicate it, how much more prescriptive the law should be about the way in which new housing is planned for and designed.
Healthy homes and neighbourhoods are important for our communities, and it is because of this that our existing laws, systems, planning policy and design guidance all focus on achieving that objective. Indeed, the whole purpose of the planning system is to contribute to the achievement of sustainable development. That is why the National Planning Policy Framework already contains very clear policy on sustainable development. It includes good design; how to plan for sustainable modes of transport, including walking and cycling; an integrated approach to the location of housing; economic uses; and the requirement for community services and facilities. It recognises the importance of open space and green infrastructure for health, well-being and recreation, and it contains policies on how to achieve healthy, inclusive and safe places.
One part of achieving sustainable development is ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations. Local planning authorities should set out an overall strategy for the pattern, scale and design quality of places and make sufficient provision for housing. The framework is clear that planning policies and decisions should promote an effective use of land in meeting the need for homes, while at the same time ensuring safe and healthy living conditions.
The framework sets out that the planning system should support the transition to a low-carbon future. It should help to shape places in ways that contribute to radical reductions in greenhouse gas emissions, minimise vulnerability and improve resilience, encourage the reuse of existing resources and support renewable and low-carbon energy. Plans should take a proactive approach to mitigating and adapting to climate change, taking into account the long-term implications, in line with the objectives and provisions of the Climate Change Act 2008.
Lord Stunell (LD)
I really appreciate the detail that the Minister is going into but would he concede that these initiatives are all by way of announcements rather than actual programmes for action? Every week, I hear from people who work in the industry about their uncertainty over the actual programme that the Government have and the strength of belief that they should put into the assurances issued because there have been so many false dawns. I do not want to rejoin the debate completely but I urge the Minister not just to read out a catalogue of initiatives and press releases but to tell us some hard news about progress planned and delivered.
Earl Howe (Con)
I have already spoken for rather a long time. If I can add some further detail to what I have already said, I think it would be appropriate for me to write to noble Lords about that. I hope and believe that the Committee will welcome the announcements that the Government have made and the direction of travel that we have set. We could be criticised if we had not announced such a direction of travel because there is no disagreement in principle between any of us as to how important this agenda is.
On the goal that I have set out—the phasing out of fossil fuel boilers and the scaling up of heat pump deployment—we are currently taking steps towards decarbonising heat, including through the £450 million boiler upgrade scheme and a new market mechanism in the heating appliance market, along with heat network trials zoning. The Government are already working with industry and local authorities to develop new heat networks and improve existing ones, investing more than £500 million in funds and programmes. I say to the noble Lord, Lord Stunell, that real money is being put behind these programmes.
Baroness Bennett of Manor Castle (GP)
I want to make one point on the quality of building, in particular the safety of new-build homes. In 2021, the average new-build property had 157 defects, up 96% from 2005. Would the Minister care to tell me when he thinks we might get back to the defect levels of 2005 and how the Government will achieve that?
Earl Howe (Con)
I would love to tell the noble Baroness how that is to be done. I will consult my officials and do my best to do so.
Lord Crisp (CB)
My Lords, there have been many tremendous debates in your Lordships’ Chamber, and this has certainly been one of them. I am very grateful to everyone who spoke in support of the amendments that I and other noble Lords tabled. I am also grateful for the personal comments that noble Lords have made, and I will pass those straight on to the TCPA, which actually did the work behind the scenes on this entire campaign.
I was thinking of how to sum this up without going through everything. If the Government will forgive me, in today’s debate were the makings of a very decent levelling up Bill. If we could bring these things together, it would have ambition and vision, as the noble Lord, Lord Stevens, and others, talked about. It would also be strategic and systemic; the noble Baroness, Lady Hayman, made a point about the environmental and energy issues being deeply integrated with health and well-being. We need to see some systemic change if we are to make the differences that we are talking about. There are also practical things that can be done here—people have talked about levers and specifics. They are also guided by experience. I was very heartened to hear very experienced Members from different backgrounds, including noble Lords who understand these issues because they meet them in their professional lives. So, such a Bill would have a lot of important ingredients and a broadly shared vision.
I was struck by another thing, which planners will be pleased about. Planning is often seen as a negative, but all noble Lords described it as something that could enable the creation of the flourishing individuals, society and communities that we all want.
I will not take up any more time, except to respond to the noble Earl’s response. At Second Reading of the Healthy Homes Bill, I got a very similar response from the noble Baroness, Lady Bloomfield. My response was that:
“I was not necessarily surprised and therefore not necessarily disappointed”.—[Official Report, 15/7/22; col. 1706.]
I am not surprised, but I would like to think that there is some route for discussion. The big difference here is between guidance and what is required. In my comments, I have been trying to hammer in that we need to build houses that are fit for purpose. We also need to return to the health and well-being issues raised by the noble Lord, Lord Young of Cookham, and by me. I would be very happy to meet the Government if it were useful to discuss these things further. Maybe there is some useful discussion to be had around the NPPF. I am not sure whether there will be but, if not, I expect us to debate this again in this Chamber sometime after the Coronation—I am not quite sure when. I suspect that we may also be debating health and well-being.
I finish by returning to the noble Lord, Lord Young, who was kindly encouraging me to negotiate. I will look to him for advice on how best to do that, but I cannot resist replying to his very first comment, which noble Lords may remember—two hours and 17 minutes ago or whenever it was—that, as “Young and Crisp”, we sound like a supermarket selling lettuces. It reminded me of another Member—the noble Earl, Lord Sandwich—making a similar comment a few years ago. In a debate on Africa, he said something similar about sandwiches and crisps. I can only say that I am extremely fortunate in my business partners.
On that note, I beg leave to withdraw the amendment.
Baroness Pinnock (LD)
My experience is that that was not quite how it worked. In West Yorkshire, Harrogate—which is just north of Leeds—was included, even though it is in North Yorkshire, because it is part of what they call the “golden triangle”. I think it is a challenge, and I hope the Government will just decide which boundaries they use—I presume it will be local authority boundaries, because that makes sense—and the others are just part of a negotiation.
Those are the key points I wanted to make. It is an interesting group to think about how it all works. I notice in the schedule it says that spatial strategies have to be mindful of, and consistent with, the national development management plans. I would like to hear from the Minister how spatial strategies will operate across a wider region, because if you are talking about transport—the noble Lord, Lord Lansley, picked up on this—you need to think in a wider area than just a small combined authority area.
Baroness Scott of Bybrook (Con)
My Lords, this group of amendments concerns strategic planning and spatial development strategies. As these are to date a very rare form of plan, it might be useful to set out some background. The Government recognise that it is often desirable to plan over areas, as we have just heard, wider than a single planning authority in order to properly address the strategic and cross-boundary issues that have been brought up in this debate so far. However, it is important to stress that a spatial development strategy cannot allocate sites; instead, it can set broad indications of how much and what type of development should go where.
Once a spatial development strategy is adopted, local plans within its area must be in general conformity with it; that is, they must generally follow that strategy and its policies. Most of us will not actually have dealt with a spatial development strategy, because only one exists at the moment, and that is in London, which the mayor refers to as the London Plan. Other combined authorities are able to request the equivalent spatial development strategy powers as part of their devolution agreement. Three areas have done so already—Greater Manchester, Liverpool City Region, and the West of England, as noble Lords have heard—but for various reasons, none has produced a strategy as yet. Moreover, the Government have agreed to give a spatial development strategy power to the West Yorkshire Mayoral Combined Authority.
Through the Bill, we are extending the powers to produce a spatial development strategy, on a voluntary basis, to other local planning authorities, as we are aware that in other parts of the country—such as Hertfordshire, Essex, Leicestershire and around Nottingham—some of them have already sought to progress strategic plans over recent years. The Government would like to support and enable these efforts at more strategic planning.
Lord Deben (Con)
My noble friend has just said how much she wants the counties to be involved, but why can they not just be part of it? I do not understand this—it seems that there is no reason for it, except that it is in the Bill.
Baroness Scott of Bybrook (Con)
I disagree. The district councils, about which we have been hearing, are the planning authorities in those areas, and the county council is not. So it is important that we make sure that this is district-led but that the county has the important role of statutory consultee. But that will be different in different counties, depending on whether they are unitary authorities; in which case, they will of course be the planning authority and therefore can lead on this spatial strategy.
Lord Deben (Con)
The county authority is the mineral planning authority, so how can we talk about spatial planning if we exclude the things for which the county authority is a planning authority. Making the distinction between being consulted—having a consultant role—and being part of the decision-making seems to me to be a false distinction. As the planning authority for minerals and similar things, it has to be part of such a spatial plan. I just do not understand the distinction.
Baroness Scott of Bybrook (Con)
I do not think that there is a distinction. They can be, and will be, part of it. I am sure that they will be part of whether that particular geographic area or group of councils will decide to go to a spatial strategy in the first place—that is how local government works. But I will give it some more thought; I am sure that we will come back to the issue on Report.
Lord Lansley (Con)
Before my noble friend moves on from this point about counties, can she confirm whether, when she says that they are a statutory consultee, she is referring to new Section 15A), to be inserted by Schedule 7, where they are consulted after the preparation of a draft, which is then deposited with various people? That is substantively different from securing the advice and participation of counties, related districts and others in the preparation of that draft spatial development strategy.
Baroness Scott of Bybrook (Con)
I will take the point back and consider it further, because some important issues have been brought up. I will make sure that, having given it some thought, we will discuss it further before Report.
Baroness Taylor of Stevenage (Lab)
Before we move on from this topic, I will add another observation: the county members are the ones that have the places on the combined authority. The districts do not have voting rights on those combined authorities. So I do not understand how it will work if the counties will not be included and cannot make decisions over planning when they are the constituent members with the powers to put the plan through. I think that this needs a little more thinking through.
Baroness Scott of Bybrook (Con)
I quite agree, and that is why I will take the point back and think further on it. As a county person myself, I have a lot of sympathy.
To make sure that our plan for a joint spatial development strategy happens, we are giving county councils the formal status of statutory consultee, as I said, so they can bring forward their expertise, particularly on matters relating to transport, highways, flood risk management, education, and minerals and waste, as noble Lords have said. Planning inspectors examining a joint spatial development strategy will want to see evidence that the work on these key issues has been done, and to make sure that any views expressed by the county council have been properly taken into consideration.
Amendment 199, tabled by the noble Baroness, Lady Taylor of Stevenage, would leave out new Section 15A(2)(b), which is inserted by Schedule 7. This would enable local planning authorities within a combined authority to be eligible to produce a joint spatial development strategy. In an area with elected mayors, we believe that it is vital that the mayor is formally involved in the production of a spatial development strategy to provide clear and accountable leadership for it. That is why the authorities within a combined authority should not be eligible to produce a joint spatial development strategy. In such cases, the mayor, with the support of the member authorities, can approach the Government to ask for the spatial development strategy powers to be conferred on them as part of their devolution deal. Obviously, we do not want to see competing spatial development strategies in any area.
Amendment 202 in the name of the noble Baroness, Lady Taylor of Stevenage, would extend the list of groups that local planning authorities must consult to include community groups. Although I understand the reasons for this, the list of bodies in new Section 15AB(3) that participating authorities should consider sending a draft joint spatial development strategy to is already comprehensive and can reasonably be assumed to include most community organisations. It is not, however, an exhaustive list, and authorities are free to send drafts to whichever organisations they feel necessary.
The noble Baroness’s Amendments 203 and 204 would give people a right to be heard at an examination in public in relation to a joint spatial development plan. The current procedure for the examination of a spatial development strategy is now well established and, although it is true that, unlike for local plans, there is no formal right to appear in person, we are confident that the current arrangements are fair, proportionate and effective. Experience shows that planning inspectors ensure that a broad range of relevant interests and views are heard at examinations for spatial development strategies.
The final amendment in this group in the name of the noble Baroness is Amendment 206. This would introduce a new clause mandating a duty to co-operate where no joint spatial development strategy exists. Unfortunately, the duty to co-operate is widely agreed to have been an ineffective mechanism for achieving co-operation. It has been criticised as an inflexible and burdensome bureaucratic exercise, causing significant delays to the production of local plans. We intend to replace the duty with a more flexible policy requirement within the revised National Planning Policy Framework, providing local planning authorities with greater flexibility.
Clause 93 introduces a new requirement to assist with plan making to ensure that the key stakeholders whose involvement is vital to production of plans, including the delivery and planning of infrastructure, are required to be involved. This places a requirement on specific bodies with public functions—an example would be Historic England—to assist in the plan-making process if requested by a plan-making authority. Taken together, these measures mean that there is no need to revert to the duty to co-operate in any circumstances.
Baroness Hayman of Ullock (Lab)
How does the Minister see the role of town and parish councils within all this? Clearly, they will have an interest, yet they are not mentioned anywhere.
Baroness Scott of Bybrook (Con)
I foresee that their views would go up through the stages, and any good district council would ask for their views. Also, of course, they would probably be involved in any neighbourhood planning that is happening as well, so those plans would also move on up into it.
Amendment 200A, tabled by the noble Baroness, Lady Hayman of Ullock, addresses the provision of sites for health and social care within a joint spatial development strategy. There is already broad provision for considering these needs in a joint spatial development strategy, through new Sections 15AA(1) and (2) which the Bill will insert into the Planning and Compulsory Purchase Act 2004. These provisions are written deliberately broadly to enable planning authorities to consider the full range of land use and infrastructure requirements that are important to an area. I hope, therefore, that the noble Baroness will accept that the current wording in the Bill continues to enable the consideration of issues relating to the provision of health and care services in an area.
Amendment 200, in the name of my noble friend Lord Lansley, is intended to ensure that any joint spatial development strategy includes provision for employment sites which are of strategic importance for the economic development of an area. I can reassure my noble friend that new Section 15AA(1) already provides that a joint SDS may include policy relating to
“the development and use of land in the joint strategy area”.
This is a flexible provision that allows the planning authorities to include whatever policies they feel are necessary, with some caveats relating to those policies being of strategic importance and relating to the characteristics or circumstances of the area. For this reason, I do not think that we need a more specific provision at this point.
Baroness Taylor of Stevenage (Lab)
I am grateful to noble Lords for a good debate on these topics relating to spatial planning. They are very important issues, and this is a key part of the Bill.
There are some key themes that have emerged as part of this discussion. The first is the integration of plans and timetables and how important that is going to be as we move forward with these proposals.
Secondly, we have had long discussions around the services that county councils deliver and their engagement in the process of the strategic development strategies. As well as transport, highways, minerals, waste and so on, we had an earlier discussion in the Committee about healthy homes. Our county councils look after a huge range of services that relate to social care provision and so on, and that is another reason why it is essential they get involved in strategic planning at this level. I should have referred to my interests in the register as a county councillor and a district councillor; I wear both hats in this respect.
The third overall point was around the inclusion of combined authorities. I know it is late but I want to relate the experience in Hertfordshire. Without having any of the processes of the Bill in place, the 10 Hertfordshire authorities and the county council have got together, separating Hertfordshire into two clusters, to work on employment, housing sites, climate change, transport—including a new mass rapid transit facility that we have been planning for—community wealth-building, town centre regeneration, digital infrastructure and a number of other things. In Hertfordshire, we are helped by having coterminous boundaries with both the local enterprise partnership and policing. We do not have coterminous borders with health, but I do not think anybody does—that is a little more complicated. We do not necessarily need legislation to do this. However, I am anxious that, as a part of the Bill, we do not stop people doing things which are ambitious and have vision for their areas.
Baroness Scott of Bybrook (Con)
I think that is an important point. That is what I was saying: the Bill will not stop that; it will give the opportunity to do something. Many authorities do great things informally, but sometimes, if there is a formal agreement to it, other doors are opened. That is part of what we are trying to do.
Baroness Taylor of Stevenage (Lab)
I am grateful to the Minister for that reassurance.
We had some discussions around borders—I will say more about that in a moment—but Herts has boundaries with London in the south of the county and with very rural areas in Bedfordshire and Cambridgeshire in the north of the county.
The other key point we mentioned was the urban-rural split, on which the noble Lord, Lord Deben, spoke very powerfully, and the value of counties understanding how this helps move the development agenda forward for rural areas as well as urban ones. I echo the point that people feel that this is largely related to urban areas. It is important for us to make sure that people in rural areas feel that their interests are taken into account in both levelling up and regeneration.
The noble Lord, Lord Lansley, spoke about opportunities for the planning processes to be co-ordinated. I have referred to the points on healthy homes that the noble Earl, Lord Howe, made earlier in the debate. We need to give some more thought to that before Report and to how we can make sure that we take the opportunities the Bill might offer to better co-ordinate planning processes. The point about timetables is very well made. We have lots of different plans that run on lots of different timetables in local government and in other parts of the public sector, and it would be helpful if we could think about how we might bring some of that together.
The noble Baroness, Lady Jones, spoke about the very important potential of the Bill to enable us to tackle climate change and the housing emergency in a more co-ordinated way. I do not want to miss those opportunities, which is why these points about planning are so important. She mentioned the ability of county councils to convene councils to work together. That has certainly been my experience, and I hope we can find a way to develop that.
I have mentioned the points that the noble Lord, Lord Deben, made about making sure that we focus on rural as well as urban areas.
The noble Baroness, Lady Pinnock, spoke about the travel to work areas. The point is not that we do not want to make plans for boundaries, but you have to think beyond the boundaries and take them into account, particularly with employment sites—otherwise, for example, you will not be planning properly for your transport arrangements. We have to think about what we are doing in a wider sense than the boundaries of local authorities as they would appear on the Boundary Commission register.
To summarise briefly, we have to be careful. We could miss opportunities for combined authorities and for the ambition we all have for levelling up to reach right across the huge areas of our country that are covered by two-tier local government—or three tiers in some cases, as we know. I know the Minister wants to reassure us that rural areas will be included, but the picture in this planning realm can still be a bit confused, particularly with the way that there are different plans for different places, which do not seem to be particularly well co-ordinated. I hope we can give that some more thought.
I am very grateful to the Minister for her detailed answer to all our amendments. That said, I beg leave to withdraw Amendment 196A.
Baroness Scott of Bybrook (Con)
My Lords, this group of amendments addresses local plans: the critical planning documents that local planning authorities prepare with their communities to plan for sustainable growth.
Amendment 198, tabled by the noble Baroness, Lady Taylor of Stevenage, would require deliberative democracy forums to be involved in the early stages of plan-making. Yes, I have seen this work, and very successfully, but there are other ways of doing it as well so I do not think we would want to be too prescriptive. However, I thank the noble Baroness for this amendment because it provides me with the opportunity to talk about community engagement.
The English planning system already gives communities a key role so that they can take an active part in shaping their areas and, in so doing, build local pride and belonging. We are not changing this; in fact, we are strengthening it through the Bill. Communities must be consulted on local plans and on individual planning applications. However, we know that current levels of engagement can sometimes fall below our ambitions. That is why, through the Bill, we will be increasing opportunities for communities to get involved in planning for their area to ensure that development is brought forward in a way that works best for local people.
As I mentioned earlier, the Bill reforms the process for producing a local plan so that it is simpler, faster and easier for communities to engage with. A number of measures in the Bill will create wholly new opportunities for people to engage with planning in their communities. Neighbourhood priorities statements will make it easier and quicker for local communities to set out the priorities for their area. Similarly, mandatory design codes will ensure that communities will be directly involved in making rules on how they want the new developments in their area to look and feel.
Measures to digitise the planning system will also transform the way that information about plans, planning applications and the evidence underpinning them is made available. We have funded 45 pilots, including in councils that have some of the most disadvantaged communities in the country, to demonstrate how digital approaches to engagement can make the planning system more accountable, democratic and inclusive. We have also committed to producing new guidance on community, which will show the different ways in which communities and industry can get involved and highlight best practice, including the opportunity that digital technology offers.
I hope that I have made clear the work that we are already doing to drive forward progress in improving community engagement. With regard to the three pilots from DCMS, I will undertake to ask that department where they are and what they intend to do with them, including discussing them with the LGA. I will come back to the noble Lord when I have an answer.
On Amendments 209 and 211 in the names of my noble friends Lord Lansley and Lord Young of Cookham—I keep thinking that we are getting to the 2000s of these because we have been going so long—the Government want the planning system to be truly plan-led, to give communities more certainty that the right homes will be built in the right places. To achieve that, plans will be given more weight in decision-making. They will be faster to produce and easier to navigate and understand. We expect that future local plans should continue to provide a positive vision for the future of each area, and policies to deliver that vision. However, as was remarked in the other place, currently communities and applicants can face an alphabet soup of planning documents and terms, leaving all but the most seasoned planning professionals confused; so the Bill introduces a simple requirement for authorities to prepare a single local plan for their area, and provides clear requirements on what future local plans must, and may, include. Authorities may wish to include strategic priorities and policies in future local plans. There is nothing in the Bill to stop them.
There was quite a discussion provided by my noble friend Lord Young of Cookham on homes, and also the noble Baroness, Lady Pinnock, on things such as build-out. I have looked forward, and these issues will be discussed in much more detail in future debates, so if those noble Lords do not mind if I do not answer them today, I might answer them on Thursday. Perhaps we could wait for the relevant groups of amendments on those two things.
On the specific subject of local plan polices to deliver sustainable economic growth, I make it clear that we are retaining the current legal requirement at Section 39 of the Planning and Compulsory Purchase Act 2004 for authorities to prepare plans with the objective of contributing to the achievement of sustainable development.
I turn to Amendment 212, tabled by the noble Baroness, Lady Taylor of Stevenage. This amendment would amend Schedule 7 to the Bill to allow a local planning authority—
Lord Lansley (Con)
My noble friend said that there was nothing in the Bill that stops local authorities specifying what are strategic policies. My point is a completely contrary one to that. It is that the NPPF says that they should set out what their strategic priorities and strategic policies are; so why does the Bill not say that?
Baroness Scott of Bybrook (Con)
I do not think that we have got to the NPPF yet. It is out for review, and let us see what is in it.
Lord Lansley (Con)
My point is that we know what the Government are proposing to say in the NPPF. The Bill is inconsistent with that. Is my noble friend suggesting that she has already decided that the NPPF will not make a distinction between strategic and non-strategic policies? Frankly, that is not going to happen. If she looks at the green-belt section, the distinction between strategic and non-strategic policies in relation to green-belt designation is an absolutely central distinction.
Baroness Scott of Bybrook (Con)
No, I am saying that we have not made that decision yet, but this is as it is in this part of the Bill.
Amendment 212, tabled by the noble Baroness, Lady Taylor of Stevenage, would amend Schedule 7 to the Bill to allow local planning authorities to use their local plan to amend the details of existing outline planning permissions, so that they are in accordance with the adopted local plan. Our planning reforms seek to ensure that plans, produced following consultation with local communities, have a greater influence over individual planning decisions to ensure that development reflects what those local communities want. In particular, our new decision-making framework under Clause 86 will deliver to a more plan-led system, providing greater certainty for these communities.
Enabling local plans to effectively revise existing outline planning permissions, even where development has already started, undermines this certainty. It also runs counter to the long-standing position that the grant of planning permission is a development right that also provides the certainty that developers need to raise finance and implement the permission. I fear that small and medium-sized builders would be especially impacted by such a change and would face significant wasted costs and delays at a time when we need to support them.
Tuesday 18th April 2023
(1 year, 8 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-X Tenth marshalled list for Committee - (18 Apr 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Earl Howe (Con)
My Lords, as we have heard, these amendments relate to housing need and the homebuying process.
I will address Amendments 207 and 219A together. Amendment 207 tabled by the noble Lord, Lord Best, seeks to enable the Secretary of State to include older people’s housing needs assessments in documentation related to local plans and require that local authorities consider the needs for housing for older people when preparing such plans. Amendment 219A in the name of the noble Lord, Lord Bradley, seeks to enable the Secretary of State to require local planning authorities to have regard to the housing requirements of the student population, developed in conjunction with local higher education providers, when preparing their local plans. I recognise the noble Lord’s personal knowledge of this subject.
I entirely understand the sentiment behind both amendments and offer words for the comfort of both noble Lords. I believe I can first do so by highlighting that national policy already sets strong expectations in these precise areas. The existing National Planning Policy Framework makes it clear that the size, type and tenure of housing needed for different groups in the community, including older people and students, should be assessed and reflected in planning policies. In 2019, we also published guidance to help local authorities implement the policies that can deliver on this expectation. Therefore, as regards student housing, we already have a clear policy in place, backed up by guidance, to deliver solutions designed locally. Any proposals to amend this would be considered as part of our review of the National Planning Policy Framework once this Bill receives Royal Assent.
I listened with a great care and respect to all that the noble Lord, Lord Best, said to draw attention to the housing needs of older people. The Government are absolutely on his wavelength in that regard. He was right to point out that there should be a variety and diversity of housing options for older people, as underscored by my noble friend Lord Jackson of Peterborough. To further improve the diversity of housing options available to older people and boost the supply of specialist elderly accommodation, we recently consulted on proposals to strengthen the existing policy by adding a specific expectation that, when ensuring that the needs of older people are met, particular regard is given to retirement housing, housing with care and care homes. We know that those are important typologies of housing that can help support our ageing population.
Furthermore, it would be remiss of me not to point out that there is already a provision in the Bill setting out that the Secretary of State must issue guidance for local planning authorities on how their local plan and any supplementary plans, taken as a whole, should address housing needs that result from old age or disability. This is a key statutory provision.
So, again, we already have a clear policy in place on this issue, and we are proposing, as I have explained, to strengthen it to further support the supply of older people’s housing. I hope that this provides the noble Lord, Lord Best, with the assurances that he needs to withdraw his Amendment 207 at this stage.
Baroness Pinnock (LD)
I thank the Minister for his explanation of what is already in the policy and how it is going to be strengthened, and the national planning policy guidance. However, so far that has not brought forth anything like the numbers that are needed, so perhaps the Minister will be able to explain how that policy—which is very worthy and which I support—can be put into practice?
Earl Howe (Con)
I say to the noble Baroness that I will try to do so as I go along. First, though, I will address Amendment 210, tabled by the noble Baroness, Lady Fox of Buckley, which would require local authorities to adopt policies to ensure that the marketing of housing accurately describes the nature of the tenure. I listened to all that she said about the need to review, or indeed do away with, leasehold tenure, and I hope she will forgive me if I do not repeat what I said on that subject in one of our earlier Committee debates. We shall also be debating Amendment 504GJG in the name of my noble friend Lord Moylan on leasehold reform later on in Committee.
Buying a home is the largest investment that many of us will make in our lifetime, and we all want to be sure of what we are buying before we commit to purchase, so I absolutely understand the motivation behind the amendment. However, we do not believe that local plans have the legal remit to specify how property agents can market property in a local area. Even if they could, such an approach would create a complicated patchwork of requirements which would vary between one local planning authority area and another. That would be very difficult for property agents operating on a regional or national basis to navigate, and it would be confusing for buyers as well.
That is not to dismiss the concern that the noble Baroness has expressed—in the levelling up White Paper, the Government committed to working with industry to make sure that buyers have the critical information they need to know, including tenure type, lease length and service charges. The Government have also signalled our intention to legislate if this is required. We are currently considering options which will set a common approach to all property listings across England and Wales, providing certainty for buyers, sellers and estate agents, and we will set out further information in due course.
I turn next to Amendments 215 and 218, tabled by my noble friend Lord Lansley. These amendments both relate to local authority housing need, and this is where I hope I can answer the question posed by the noble Baroness, Lady Pinnock. Amendment 215 seeks to require a local plan to secure a sufficient supply of housing to meet or exceed the authority’s area requirement for housing over the plan period. The amendment also sets out that an area’s housing requirement must be derived from the housing targets and standard method prescribed in guidance by the Secretary of State. Amendment 218 seeks to set out in legislation that local authorities must have regard to any housing targets and the Government’s standard method for calculating housing need when preparing their local plan.
While I entirely understand the sentiment behind these amendments, the proposals would impose unnecessary constraints by seeking to put into primary legislation matters that are already addressed effectively, I contend, through national policy and guidance. My noble friend Lord Young of Cookham made the point, as did the noble Baroness, Lady Pinnock, that national planning policy already sets out that local authorities should make sufficient provision for housing, including affordable housing, and that they must take this into account when preparing their local plans.
Additionally, again in response to the noble Baroness, policy and guidance set out how local authorities should establish their housing requirements, and they make it clear that the standard method for assessing local housing need should be the starting point for establishing housing requirements in the plan-making process, in all but exceptional circumstances. That is not a straitjacket and nor is it laissez-faire; our planning policies already allow authorities to choose to plan for more homes than required to meet need, and we have consulted on proposed changes to national policy designed to empower local authorities to go further where that is right for their area.
It is right, however, that local communities can respond to local circumstances. To introduce more flexibility to take account of local circumstances, we are proposing some changes through our consultation on reforms to the National Planning Policy Framework. These are expressly designed to support local authorities to set local housing requirements that respond to demographic and affordability pressures while at the same time being realistic, given local constraints.
I say to the noble Lord, Lord Stunell, that we will be talking about neighbourhood plans later this evening if we get there—I hope we do, otherwise on Thursday—and we can return to the issues that he has raised on that topic. But I would just like to make a general point about housing targets: local housing need is not a housing target. The standard method for assessing local housing need is used by councils to inform the preparation of their local plans. Local areas are then free to take into account constraints and opportunities when determining their actual housing targets such as green belts, AONBs, and so on, that prevent them allocating enough sites to meet need. There are some councils that choose to plan for more homes than their local housing need number; nor does the local housing need method dictate where homes should go. It is up to councils to decide what sorts of homes can be built where.
Baroness Thornhill (LD)
Can I put the question the other way around? The noble Lord used phrases like “councils can choose” and “in conjunction with their local authority”. Can I ask about councils that choose not to provide supportive housing for people in need, that choose not to provide places for ex-offenders, and that rely on councils with a conscience to do those things? It seems to me that councils can choose to do very little if they want, including building homes, and certainly to not provide for the other groups that we have heard about—that is what worries me. We need more compulsion across all councils to provide for all of the population.
Earl Howe (Con)
In those circumstances, local plans can be checked against the assessment of need and can be shown to be defective where that is deemed to be the case—so it is not as if there is no oversight of what local authorities are doing. What we do not want to do—and I hope the noble Baroness agrees—is to get perilously close to a one-size-fits-all, top-down target mode of acting. We are trying to strike a balance between showing local authorities how to do the job that they are there to do and have been elected to do, while at the same time not being guilty of dictating or second-guessing local circumstances.
We do already have a clear policy in place on these issues, and we are proposing to clarify and strengthen this further. I hope my noble friend will feel comfortable in not moving his amendments when they are reached.
Before I finish, I will respond briefly to the noble Earl, Lord Lytton, on his points about buildout. In large part, he was anticipating the debate we look set to have in a later group, which begins with Amendment 261 to Clause 104, in the name of the noble Baroness, Lady Taylor of Stevenage. However, I just say that the Bill already contains provisions to tackle slow buildout by developers. Clause 105 gives local planning authorities powers to determine planning applications made by a person connected to an earlier permission on that same land which was not begun or has been carried out unreasonably slowly. Developers should know that planning authorities expect new residential developments to come forward at a reasonable rate.
Lord Best (CB)
My Lords, I support Amendment 274A on small sites in the name of the noble Baroness, Lady Thornhill. Mine is slightly qualified support, but I am supportive. The amendment has been devised by the innovative people at Pocket Living, a company that specialises in imaginative developments on small sites, which are always difficult to develop. The amendment proposes a fast track through the planning system for smaller operators of this kind working on smaller sites—a quarter of a hectare and smaller—in return for delivering 50% affordable housing in every case.
It is a tempting proposition. We certainly need a boost for SME builders. In their evidence to your Lordships’ Built Environment Committee last year, the Federation of Master Builders explained that the output of SME firms had declined from about 40% of all new homes in the 1980s to around 10% today. One clear reason for this loss of their input has been the time and expense of trying to secure planning consents. My reservation is that the 50% affordable housing offer is not quite so tempting if all the homes are for shared ownership or the 80% of market rents of the so-called affordable rent variety. I would want to see half these new properties being for truly affordable social renting. Then we would have a really exciting proposition from the sector. With that reservation, I support Amendment 274A.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
First, I will respond to the first remarks of the noble Baroness, Lady Thornhill. Yes, I think everybody in this Chamber who has taken part wants the same thing: we want more of the right type of housing across our country. The difference is on how we deliver that, and that is what we are taking many hours and days to deliberate on—but it is important that we do that, because it is a really important issue for the country well into the future. The way the Government see it is that we need to give clear guidance on the big issues that need to be taken into account, but that we must ensure that local planning authorities start producing local plans that no longer need to take into account the national guidance, because that will be there anyway, but that work with all the data in their local area to ensure that what is in their local plan is what is required. That is not just numbers; it relates also to the view of the noble Lord, Lord Best, and others that we need to look at demography and the types of houses that we want to deliver.
If a local plan has strong evidence, I think it is then up to local leadership to stick to that plan. There may be some government work that needs to be done on the Planning Inspectorate, but we must stick up for what the evidence shows is required in our local area, reflected in our local plan. That is the way I see it; I wanted to get that off my chest.
I turn to the amendments in this group, which relate to planning and housing, starting with Amendment 208, tabled by the noble Baroness, Lady Taylor of Stevenage, and Amendment 274A, tabled by the noble Baroness, Lady Thornhill. These amendments both relate to the provision of small housing sites and are therefore considered here together.
The National Planning Policy Framework already sets out that local planning authorities should identify land to accommodate at least 10% of their housing requirement on sites no larger than one hectare, unless it can be shown, through the preparation of relevant plan policies, that there are strong reasons why this 10% target cannot be achieved.
The framework sets out that local planning authorities should use tools such as area-wide design assessments and local development orders to help bring small and medium-sized sites forward; and to support the development of windfall sites through the policies and decisions in the local plan, giving great weight to the benefits of using suitable sites within existing settlements for homes. Local planning authorities are asked to work with developers to encourage the subdivision of large sites where this could help to speed up the delivery of homes—we heard about that earlier.
The framework also sets out that neighbourhood planning groups should give particular consideration to the opportunities for allocating small and medium-sized housing sites. However, we have heard views that we could strengthen these policies to further support the Government’s housing objectives. This is why we invited views, as part of our recent consultation on reforms to the National Planning Policy Framework, on how national planning policies can further support developments on small sites, especially those that will deliver high levels of affordable housing and, particularly in urban areas, to speed up the delivery of housing, giving greater confidence and certainty to smaller and medium-sized builders, and to diversify the housebuilding market. The consultation ended on 2 March and responses received will help to inform our policy thinking on this important issue, as will this debate. We will look at the ideas that have been put forward, together with the responses. This is something on which there will be further consideration.
Amendment 213 tabled by the noble Baroness, Lady Taylor of Stevenage, seeks to create a legal requirement for local authorities to set policies in their local plans which ensure that housing needs are met in a way that secures the long-term health, safety and well-being of local people and ensures that such housing is affordable to those on average and lower incomes. We have, as she rightly said, debated this quite a lot. While I entirely understand the sentiment behind this, as I have said on previous groups, and consider the goal to be laudable, the Government are already committed to ensuring that new development, both market and affordable, meets high standards of quality. The National Planning Policy Framework is clear that planning policies in local plans should aim to achieve healthy, inclusive and safe places, and local authorities should ensure that they properly assess the needs of different groups when planning for new housing.
Ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations is part of achieving sustainable development. Local planning authorities should set out an overall strategy for the pattern, scale and design quality of places, and make sufficient provision for housing. Furthermore, the framework is clear that planning policies and decisions should promote an effective use of land in meeting the need for homes, while ensuring safe and healthy living conditions. Local authorities are empowered to ensure that developers deliver a defined amount of affordable housing, including social housing, on market housing sites, unless exceptions apply. Our initial consultation on revisions to the NPPF seeks views on whether the role of social rent should be strengthened and whether we could go further to promote the delivery of housing for older people, as we discussed earlier.
Finally, under the community infrastructure levy, we will introduce a new “right to require” through regulations, in which local authorities can require that a certain amount of affordable housing is delivered in kind as a levy contribution. The noble Baroness, Lady Taylor, asked why the Government are not doing more to deliver this affordable housing. The Government are totally committed to increasing the supply of affordable housing. That is why, through our £11.5 billion affordable homes programme, we will deliver tens of thousands of affordable homes, both for sale and for rent, right across the country. The levelling up White Paper made a commitment to increase the supply of social rented homes. The affordable homes programme will respond to that commitment by increasing the share of social rent homes that will be delivered through the programme, helping those most in need. Since 2010 we have delivered over 632,000 new affordable homes, including 441,000 affordable homes for rent, of which 162,000 are homes for social rent.
Although there is a comprehensive legislative code within which local plans and decisions are made, the content of local plans is produced on the basis of national policy, which is flexible to allow updates to be made without new laws being passed. I hope this provides the noble Baroness with the clarification and assurances she needs to not press this amendment.
Amendment 504GJA tabled by the noble Baroness, Lady Hayman of Ullock, would require all local housing authorities in England to publish the contents of the database of rogue landlords and property agents. The Government have stated their commitment to improving standards in rented accommodation and driving out rogue landlords. We will legislate to amend the Housing and Planning Act 2016 and make certain landlord offence information public as part of the forthcoming renters reform Bill. Opening up this information will ensure that tenants can make informed rental decisions, leading to a better rental experience, as was asked for by the noble Baroness, Lady Bennett of Manor Castle.
Tuesday 18th April 2023
(1 year, 8 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-X Tenth marshalled list for Committee - (18 Apr 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Pinnock (LD)
My Lords, the noble Baroness, Lady Hayman of Ullock, has raised a very important issue about end-of-life care and how the planning system can be encouraged to prepare for the needs that will arise in the not-too-distant future. It is an argument that we on these Benches absolutely support; I will just expand it ever so slightly by saying that whenever there is a big allocation for a housing site, local residents immediately say there will be a huge pressure on primary healthcare—GP services. Although the community infrastructure levy enables planning authorities to try to extract some funding from the levy for improvements to primary healthcare services, it is often not that possible when there are so many other big demands placed on the levy—highways infrastructure, education, outdoor play space and so on.
Often, certainly in my part of the country, where house prices and land values are lower, the levy is therefore also lower and is unable to support the development of essential provision for primary healthcare. It is an area that I guess we may want to explore when we get to discussion about the replacement of the community infrastructure levy. I thought I would raise it now, in this context, because whichever of the Front Bench team is responding may be able to give me an answer. With that, I clearly support the amendments.
Earl Howe (Con)
My Lords, the two amendments in this group, Amendments 213A and 312I, tabled by the noble Baroness, Lady Hayman of Ullock, look to ensure, as she explained, that local planning authorities should consider the health and social care facilities needed for their area when considering future development. I am sure that we can agree that it is important to ensure that we have the right health and social care facilities in place where they are needed: that is why this is already a consideration as part of planning policy, guidance and legislation.
The National Planning Policy Framework is clear that when setting strategic policies, local planning authorities should set out an overall strategy for the pattern, scale and design quality of places, and make sufficient provision for community facilities, including for health infrastructure. The Government have set out in planning guidance how the need for health facilities, as well as other health and well-being impacts, can be considered as part of the plan-making and decision-making process. Plan-making bodies will need to discuss their emerging strategy for development at an early stage with directors of public health, NHS England, local health and well-being boards, and sustainability and transformation partnerships/integrated care systems, depending on the local context and the implications of development on health and care infrastructure. The National Planning Policy Framework must, as a matter of law, be given regard to in preparing the development plan, and is a material consideration in planning decisions.
We have also set out, in the consultation on reforms to national planning policy, that we are intending to undertake a wider review of the NPPF to support the programme of changes to the planning system, and, as part of this, we will consider updates needed to reflect the importance of better environmental and health outcomes. In addition, as part of the new infrastructure levy system, local authorities will be required to prepare an infrastructure delivery strategy. This will set out the local planning authority’s priorities for spending levy proceeds.
Section 204Q(11) requires levy regulations to determine the consultation process and procedures that must be followed when preparing an infrastructure delivery strategy. This can include which bodies must be consulted in order for charging authorities to determine their infrastructure priorities for spending the levy. Such bodies could include integrated care boards to ensure that health infrastructure is considered in the preparation of the infrastructure delivery strategy. We can also make provision that integrated care boards must assist charging authorities with the preparation of an infrastructure delivery strategy. That is Clause 93.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, this group of amendments concerns requirements relating to design, as we have heard. Ensuring that the planning system creates more beautiful and sustainable buildings and places is a key objective of this Government. I quite accept that beauty is in the eye of the beholder, but it will be for local people to decide on design, and I think local people know their area better than anybody. This is demonstrated through the measures set out in the Bill for mandatory design codes, as well as those measures undertaken in response to the findings of the Building Better, Building Beautiful Commission, which include updates to the national design policy and new guidance on how to prepare design codes in 2021.
I begin by addressing Amendments 217 and 302, tabled by my noble friend Lord Holmes of Richmond, which focus on the principle of inclusive design. Amendment 217 would introduce a legal requirement for local plans to conform with the principle of inclusive design. It would also require local planning authorities to modify their local plans where they have received relevant observations or advice in relation to this from a person appointed by the Secretary of State. Amendment 302 would introduce a legal requirement for local planning authorities to ensure that planning and development must be predicated on the principle of inclusive design.
The Government agree that ensuring that development is designed to be inclusive for all is essential to meeting the aims for sustainable development. That is why the National Planning Policy Framework already makes clear that local planning policy should ensure that developments create places that are healthy, inclusive and safe. This means local planning policies and decisions that promote social interaction and accessibility, and which enable healthy lifestyles.
This is supported by the National Design Guide and the National Model Design Code, which illustrate how well-designed, inclusive and healthy places can be achieved in practice. Both documents advise local authorities on how the 10 characteristics of well-designed places can inform their local plans, guidance, design codes and planning decisions to create successful neighbourhoods that contain a rich mix of people, including people with physical disabilities and those with mental health needs. Through local design codes, local authorities should consider a wide variety of housing tenures and types in the design of new developments to meet a range of different needs, such as housing for older people, as we have spoken about at length today, and supported housing to meet the needs of vulnerable people.
Furthermore, the Bill will require all local planning authorities to prepare local design codes at the scale of their authority area, either through their local plan or as a supplementary plan, giving them significant weight in decision-making. The national model design code asks that, in preparing design codes, consideration must be given to how new development can promote inclusive design by creating buildings and spaces that are safe, social and inclusive, with an integrated mix of uses that are acceptable for all.
My noble friend Lord Holmes of Richmond was particularly interested in shared spaces. The national model design code recognises that streets should be designed to be inclusive and should cater for the needs of all road users as far as possible, in particular considering needs relating to disability, age, gender and maternity. However, there is also the Manual for Streets, which seeks to ensure that streets are designed to be accessible and inclusive. The DfT is updating this guidance, which will form part of a suite of guidance across DfT and DLUHC to secure better outcomes for communities. I hope that my noble friend Lord Holmes of Richmond will understand that we are clear that this is already being addressed through national planning policy and supporting guidance on design, and that this is not an amendment that we feel is necessary.
Before discussing Amendment 222, tabled by my noble friend Lord Lansley, I want to make it clear that I have heard the concerns of a number of noble Lords, over most of the afternoon, around the publishing of the NPPF. All I can say at this time is that it has been out to consultation, as we all know, with the public and stakeholders, and more details and more announcements will be made in due course. I have heard the views of the Committee and I will take them back and discuss this further with officials.
Lord Stunell (LD)
I remind the Minister that, on day two, she made similar noises about a draft of the statement of levelling-up missions. She did not make a promise but said that she had heard the call for those too to be in front of noble Lords before Report. I hope she can add that to her shopping list when she talks to officials after today’s session.
Baroness Scott of Bybrook (Con)
I will. I will look back at Hansard and ensure that we get exactly what the noble Lord wants. To tell the truth I thought he had already got it, but I believe what he says and will see that he gets it.
The Levelling-up and Regeneration Bill would require all local planning authorities to prepare authority-wide design codes as part of their development plan, either as part of their local plan or as a supplementary plan, as I have said before. The Bill already includes the obligation, found in the new Sections 15C and 15CC of the Planning and Compulsory Purchase Act 2004, as inserted by Schedule 7, that local plans and supplementary plans must be designed to secure that the development and use of land in the authority’s areas contributes to the mitigation of, and adaption to, climate change.
In addition, the National Planning Policy Framework sets the policy expectation that plans take a proactive approach to adapting to and mitigating climate change. It makes it clear that local plans and decisions should contribute to and enhance the natural and local environment. The national model design code provides guidance on how local design codes can be prepared to ensure well-designed places which respond to the impacts of climate change, through ensuring that places and buildings are energy efficient, minimise carbon emissions and contribute to the implementing of the Government’s biodiversity net gain policy.
I understand and agree with the importance of this subject matter. We are clear, though, for the reasons I have set out, that this is already being addressed through the Bill, national policy and design guidance. I hope that the noble Lord, Lord Lansley, will understand that this is not an amendment that we feel is necessary.
I hope I have said enough to enable my noble friend Lord Holmes of Richmond to withdraw his Amendment 217, and for other amendments in this group not to be moved when they are reached.
Lord Holmes of Richmond (Con)
My Lords, I thank all noble Lords who participated in this group of amendments. I particularly thank my noble friend the Minister for her full response. Green spaces, inclusive places: we can achieve this and deliver it through statutory design if we so choose. I think we will certainly return to some of these issues, and more, when we get to Report in the autumn, but for now I beg leave to withdraw the amendment.
Baroness Pinnock (LD)
My Lords, my noble friend Lord Stunell is the expert on neighbourhood planning, and there is nothing I can add to what he has just expounded. I also agree with what the noble Baroness, Lady Hayman of Ullock, said. In particular, my noble friend raised important questions about the statement by the Secretary of State last week about future planning proposals that will affect this Bill.
Finally, my Amendment 227 is just an extension of Amendment 231 in the name of the noble Baroness, Lady Hayman of Ullock, about development plans within national parks and areas of outstanding natural beauty. The amendment in my name would enable neighbourhood development plans to limit housing development in those vital areas of the country entirely to affordable housing—and affordable housing in perpetuity—so that there is a stream and supply of new housing in those areas that is appropriate, relevant and affordable, if “affordable” is the right definition. In this case, it means affordable for local people who live and work in those areas; evidence of that has already been given by the noble Baroness, Lady Hayman of Ullock.
Baroness Scott of Bybrook (Con)
My Lords, neighbourhood planning has been a great success story. I went into it with my council, probably at the same time as the noble Lord, Lord Stunell, and it was difficult to begin with, because it was very new and communities did not understand it. What I think is good about neighbourhood planning now is that all that groundwork has been done by many councils across the country, working with many communities. Therefore, for new councils and new communities coming on, I think it is going to be a lot easier as we move forward.
I thank noble Lords, particularly the noble Lord, Lord Stunell, who is obviously a guru on neighbourhood planning, for their support. As I say, I am also fully in favour of it, as can be seen by what has happened in Wiltshire. It has been a great success story; it has given many communities a much greater role in shaping development in their local areas and ensuring they meet their needs.
The Bill retains the existing framework of powers for neighbourhood planning while at the same time providing more clarity on the scope of neighbourhood plans alongside other types of development plan. However, we recognise that the take-up of neighbourhood planning is low in some parts of the country, and we would like to see more communities getting involved. This is why the Bill introduces neighbourhood priorities statements. These are a new tool, and they will provide a simpler and more accessible way for communities to participate in neighbourhood planning.
On Amendment 225 in the name of the noble Baroness, Lady Hayman of Ullock, perhaps it would be helpful if I set out some detail about the intended role of neighbourhood priorities statements in the wider system. A neighbourhood priorities statement can be prepared by neighbourhood planning groups and can be used to set out the community’s priorities and preferences for its local area. The provisions in the Bill allow communities to cover a range of issues in their statements, including in relation to the use and development of land, housing, the environment, public spaces and local facilities.
Neighbourhood priorities statements will provide a formal input into the local plan. Under new Section 15CA of the Planning and Compulsory Purchase Act 2004, inserted by Schedule 7 to this Bill, local planning authorities will be required to “have regard” to them when they are preparing their local plans. This will be tested at examination. While some communities will use them solely to feed into the local plan process, we also expect that they will operate as a preliminary stage to preparing a full neighbourhood plan or a neighbourhood design code. In these ways, neighbourhood priorities statements will feed into the planning process. Furthermore, they may also act as a springboard for other community initiatives outside the remit of the planning system.
Amendments 227, 229 to 232 and 234 deal in different ways with the scope of neighbourhood plans. On Amendments 227 and 231 in the names of the noble Baronesses, Lady Pinnock and Lady Hayman of Ullock, we acknowledge that delivery of affordable housing within national parks and areas of outstanding natural beauty can be a challenge and that neighbourhood plans can play an important role in supporting provision. However, I do not agree that these amendments are necessary. Clause 91 specifies what matters communities can choose to address within their neighbourhood development plans. It does not prevent communities including policies relating to the provision of affordable housing in the plan area. All policies in neighbourhood plans, however, must meet the statutory tests, known as the basic conditions, before they can be adopted, including that they must have regard to national policy.
I draw the Committee’s attention to specific measures we have taken to address this issue. Paragraph 78 of the National Planning Policy Framework sets out a rural exception sites policy. This allows for affordable housing to be delivered on sites that would not otherwise be developed in order to meet specific local need for affordable housing, the majority of which will be required to remain permanently available to those with a local connection. In 2021 the Government published planning practice guidance to further help bring forward more of these sites in future.
Furthermore, I point to our decision to allow local authorities and neighbourhood planning groups in designated rural areas to set and support policies to require affordable housing from a lower development threshold. The threshold can be five units or fewer, compared with the threshold of 10 units in other areas. We will consult on how the small sites threshold should work in rural areas under the infrastructure levy.
I turn to Amendment 229 in the name of the noble Baroness, Lady Hayman of Ullock. Under the reformed planning system, it will continue to be the role of the local planning authority to set a housing requirement number for neighbourhood plan areas as part of its overall development strategy. As under the current system, where neighbourhood planning groups have decided to make provision for housing in their plan, the housing requirement figure and its origin would be expected to be set out in the neighbourhood plan as a basis for their housing policies and any allocations that they wish to make. The allocation of housing has not changed; the neighbourhood takes the planning housing requirement from the local plan. As the noble Lord, Lord Stunell, has said, across the country we have seen neighbourhoods adding to that number rather than taking away from it.
Lord Stunell (LD)
I thank the Minister for responding very positively. I wonder whether the Minister could say, if that is the case, why she feels it is necessary to have such a prohibition on dropping below that threshold when local circumstances might very well dictate that a sensible outcome is to drop that total—not out of nimbyism but because, for instance, you do not want the houses to be underwater?
Baroness Scott of Bybrook (Con)
I listened to the noble Lord’s example of them being underwater, but my response would be that they would not be in the local plan if it was on a flood plain, and it would not have been allowed through national planning policy either. So, I cannot see that there needs to be a conflict and, as we have mentioned throughout the many hours we have spent discussing this Bill, housing numbers are critical, and I think it is correct, as it is at this time, that neighbourhood plans can add to the number of houses but they do not take away from those numbers.
Moving on to Amendment 230, also in the name of the noble Baroness, I do recognise that many communities want to use their neighbourhood plans to protect their local environment. Existing legislation and the changes within Clause 91 of this Bill already allow neighbourhood planning groups to include policies in their plans to ensure that development in areas of historical, cultural or environmental sensitivity is in keeping with the surrounding environment; therefore, this amendment is not necessary.
Moving on to Amendment 232 in the name of the noble Lord, Lord Stunell, Clause 91 will provide more clarity about what communities can address in their neighbourhood plans. The changes in subsection 3(2C) of Clause 91 specifically will ensure that the requirements that apply to neighbourhood plans are consistent with our approach to local and strategic plans in that they must not repeat or be inconsistent with national development management policies set by the Government—I hope that is clear.
The introduction of national development management policies is designed to help plan makers produce swifter, slimmer plans by removing the need to set out generic policies concerning issues of national importance. National development management policies are likely to cover common issues already dealt with in national planning policy, such as green belt and flood risk management. National development management policies would not impinge on local policies for shaping development, nor direct what land should be allocated for particular use.
Turning to Amendment 234, also in the name of the noble Lord, the purpose of subsection (2) of Clause 92 is to ensure that neighbourhood plans complement and widen the plans framework. In particular, it means that neighbourhood plans cannot include policies that reduce the amount of housing development—as we have said—proposed in the development plan as a whole. For example, a neighbourhood plan could not include a policy that, if followed, would prevent development coming forward on a housing site allocated in a local plan. This is consistent with how the current system operates but makes it more explicit in legislation.
Turning to Amendment 233 in the name of the noble Baroness, Lady Taylor of Stevenage, I fully agree with the noble Baroness that more can be done to increase the uptake of neighbourhood planning, particularly in urban and deprived areas. However, I do not agree that this amendment is necessary to achieve this goal. The Government are already taking action to increase uptake in these areas. As I have previously mentioned, new Section 15K inserted by Schedule 7 to the Bill introduces neighbourhood priorities statements, which will provide communities with a simpler and more accessible way to participate in neighbourhood planning. This new neighbourhood planning tool will be particularly beneficial to communities in urban and more deprived areas, which may not have the capacity to prepare a full neighbourhood plan at that particular time. It may also provide a stepping stone to preparing a new full neighbourhood plan.
Furthermore, noble Lords may be interested to hear that we are currently running a pilot in underrepresented areas, including Birmingham and Chorley, to test whether giving more support to neighbourhood planning groups in the early stages of the process can help to get more neighbourhood plans in place. We are seeing encouraging results from this pilot, and this will inform our thinking on future support for neighbourhood planning.
Turning to Amendment 235 in the name of the noble Lord, Lord Stunell, while I appreciate that he is keen to see local planning authorities play a positive and supportive role in the neighbourhood planning process, existing law and government guidance already set clear requirements and expectations on their role in supporting neighbourhood planning groups and the communities they represent. Paragraph 3 of Schedule 4B to the Town and Country Planning Act 1990, as amended, states that a local planning authority must give such advice or assistance to neighbourhood planning groups. Furthermore, the Government’s planning guidance makes it clear that local planning authorities should fulfil their duties and take decisions as soon as possible, within statutory time periods where these apply, and should constructively engage with the community throughout the whole process.
Turning finally to Amendment 236, also in the name of the noble Lord, we agree with the need for transitional arrangements to limit any disruption to communities preparing a neighbourhood plan. As part of the Government’s recent consultation on our proposed approach to updating the National Planning Policy Framework, we set out proposed transitional arrangements for introducing changes to neighbourhood plans. We propose that neighbourhood plans submitted for examination after 30 June 2025 will be required to comply with the new legal framework. This will provide communities preparing a plan under the existing framework with a generous amount of time to get their plan in place. “Made” neighbourhood plans prepared under the current system will continue to remain in force under the reformed system until they are replaced.
With those explanations, I ask the noble Baroness, Lady Hayman of Ullock, to withdraw her Amendment 225 and for the other amendments in this group not to be moved when they are reached.
Baroness Hayman of Ullock (Lab)
Before the noble Baroness sits down, she has not mentioned the lovely Secretary of State.
Baroness Scott of Bybrook (Con)
No, I have not. I did listen with interest to the noble Baroness, Lady Hayman of Ullock, on the issues of Airbnb and short-term lets. I think that was a little out of scope of this group of amendments. I do not have as much detail as I would like on this because it was in an earlier pack on short-term lets, and actually things have moved forward, so I suggest that I write and we have a meeting, which I will open to any other interested Peers at the time.
The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
Baroness Hayman of Ullock?
Lord Kennedy of Southwark (Lab Co-op)
I just want to make one final point—I am going down memory lane now. When I was a very young councillor, one of my first roles was as chair of Southwark Council’s highways committee. There were various issues to deal with, such as the work of the statutory undertakers. I found it very frustrating. The council would resurface a road, and along came the water board to dig the whole road up and put the new water infrastructure in. That was a very small thing, but even so, you would spend all this money, and it all went to ruin.
The Horne report, as I think it was called, came out in the 1980s. It tried to deal with this matter, and legislation followed to try to achieve better co-ordination. That was at a very local level, whereas the noble Lord, Lord Lansley, was talking about bigger stuff. But at all levels, different bodies have different responsibilities and should co-ordinate the work they do where they can in order to bring things together.
I look forward to the Minister’s response.
Baroness Scott of Bybrook (Con)
This has been a very interesting debate. I remember when I was a council leader how frustrating it was when utilities dug up my lovely roads the week after and did not tell me they were doing it. However, things have probably changed slightly since we were in those positions.
I thought it might be interesting to reflect on what Clause 93, which is where this comes from, and which introduces a requirement to assist in plan making, actually says. The Explanatory Notes state:
“The clause is intended to support more effective gathering of the information required for authorities producing”
a range of plans, including local plans. It achieves this through placing
“a requirement on specific bodies”
with public functions
“to assist in the plan-making process, if requested by a plan-making authority”.
This could consist, for example, of providing information to the relevant authority, or assisting in identifying appropriate locations for infrastructure. That is important, because that is the first push by government to require these companies to work with us.
Amendment 239A addresses legislating for subsequent regulations regarding the link between infrastructure providers who become aware of significant implications for their services as a result of plan-making activities, and a requirement to inform the relevant regulator in order to make provision for any necessary investment. I applaud my noble friend Lord Lansley for raising this issue, as it is an important aspect of joining up the planning system and the provision of suitable infrastructure. However, we believe the amendment is not necessary—wait for it—because the relevant regulations could already consider matters such as notifying regulatory bodies of infrastructure providers. Those regulations will, of course, follow after the passage of the Bill.
Regarding the amendment’s provision for meeting the reasonable requirements identified in a plan, we must be careful in drawing up such regulations that provisions do not cut across or duplicate the provisions of the other multiple legal and regulatory frameworks that govern the operation of the kind of infrastructure providers that my noble friend has in mind. Therefore, while I have a good deal of sympathy with the general point raised, the Government cannot accept the proposed amendment, but will want to be mindful of these considerations while drafting any relevant regulations. I hope that, with that explanation, my noble friend will withdraw the amendment.
Lord Lansley (Con)
I am grateful to my noble friend, because thinking about those regulations is exactly the right thing to do. If my noble friend is correct and the scope of Clause 93 will allow such regulations to extend beyond the infrastructure providers to the relationship between those providers and the regulatory bodies, that would be extremely helpful.
I am grateful to all who took part in the debate. The noble Baroness, Lady Pinnock, illustrated with her reference to PR24, the current water price review just published, that this does not necessarily relate to the structure of local plan-making. Water companies might say, “This is all very well, but we know what our price constraints enable us to fund in the period 2024-25, and the local authority is presently consulting on a local plan process that extends to 2040”.
Interestingly, PR24 has a broader structure for the water companies and their investment programmes out to 2050, because of the net-zero implications. I have been reading carefully and rather laboriously through PR24 and all its component parts. What you do not find is an appreciation of what the infrastructure requirements would be linked to, mapping the potential scale and location of development, because generally speaking local authorities have not done that; generally they map their development plans out to 2030 or 2035, and occasionally 2040, but not 2050. I remind the Committee of my role as a chair of the Cambridgeshire Development Forum. We said to all these bodies, “Why don’t you now structure your plan up to 2050, because otherwise you are not really thinking about the whole thing?” I can get away with saying that because the noble Baroness, Lady Bennett, is not in her place; she would tell me off for treating 2050 as the target, when it should clearly be 2025.
For the moment, we have the alignment of planning, which is absolutely critical here, but when it comes down to it, very often the local authorities are already in an awkward position. They would like to make specific allocations of potential development sites but they are constrained from doing so because infrastructure providers cannot guarantee that they would be able to meet a requirement in that location and on that timescale. So should they do it or should they not? If my noble friends says that regulations might be able to unlock the potential for that pledge of investment by utility providers, I would be immensely grateful for that. On that basis, I beg leave to withdraw the amendment.
Thursday 20th April 2023
(1 year, 8 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-XI Eleventh marshalled list for Committee - (20 Apr 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Taylor of Stevenage (Lab)
My Lords, I support Amendment 240 in the names of my noble friends Lord Berkeley and Lord Hunt, the noble Lord, Lord Young, and the noble Baroness, Lady Randerson. Before I turn to the specific amendments in this group, I will mention the very helpful discussion which took place in Grand Committee on Monday on the Built Environment Select Committee’s report on public transport in towns and cities. The committee’s recommendations were very helpful to our consideration of this Bill. I thank the chair of that committee, the noble Lord, Lord Moylan, and his predecessor, the noble Baroness, Lady Neville-Rolfe, the members of that committee and all those who gave evidence.
The Minister—the noble Baroness, Lady Vere—was part of that discussion so there is no need for me to go through all the points relevant to the Bill, which I am sure she will pass on to her colleagues in the Transport team and the DLUHC team. However, it was the overwhelming view of the committee and all noble Lords who took part on Monday that a formal link should be introduced between local plans and local transport plans. In view of the amendments in this group, it is important to record that strongly held view today.
Can I say how much I agree with the noble Baroness, Lady Randerson, about the importance of transport to the levelling-up agenda? Like the noble Lord, Lord Young, and the noble Baroness, Lady Randerson, I too am very pleased to see the Minister responsible for transport here today to respond to the debate. As the fortunate resident of a town designed with 45 kilometres of cycleway built into it, it is unthinkable to me that planning for cycling and walking, and considering at local plan stage the infrastructure needed to support that, would not be in the Bill and intrinsic to the planning for our communities. If this amendment is accepted—I really hope it will be—then the subsequent NPPF or whatever is going to succeed that will need to take account of the anomalies that occur in these aspects of planning in two-tier authorities. My noble friend Lord Berkeley referred to that earlier.
Generally these can be resolved through good liaison between authorities, but consideration should be given, as responsibility for both transport and rights of way sit with county councils, as we have heard, whereas the local plan is the responsibility of the district council. It will also need to be clear in terms of rights of way improvement plans that the responsibilities for maintenance—should it be necessary—ransom strip land purchase and so on remain the responsibility of those authorities which currently hold them. To be clear, the fact that a planning authority includes them in its local plan does not necessarily incur any additional financial or legal responsibility for these matters than existed previously. Concerns about lack of co-ordination through the National Planning Policy Framework were referred to by my noble friend Lord Berkeley, and including this provision in the Bill might encourage authorities to work together where that is not the case already.
In relation to Amendment 468 in the names of the noble Baronesses, Lady Pinnock and Lady Randerson, I echo comments about the tireless work of the noble Baronesses, Lady Brinton and Lady Grey-Thompson. It is very important to clarify that this should apply to all railway stations, including retrospectively. I know that is a difficult issue and how it works together with other disability legislation, such as the Disability Discrimination Act, should be clearly identified. There are already some provisions in there but I do not think it goes as far as we would want it to and the proof of that is what we see in our local railway stations. We heard many of examples of that during the debate.
It is, of course, crucial that we do all we can to make our rail system accessible, safe and user-friendly for all passengers. Indeed, we will never make the quantum leap in switching from private car travel to public transport that we need to reach zero carbon without such measures. I come back to the Built Environment Select Committee’s inquiry into public transport, which has very clear recommendations on this subject. As the noble Baroness, Lady Randerson, said, progress has been painfully slow on this to date and we need a bit of a rocket under it to get it going again. The very helpful introduction of things such as senior railcards is of far less use if you need to navigate several flights of stairs to cross even from one platform to another.
Amendment 470 in the names of my noble friend Lord Berkeley, the noble Baroness, Lady Scott of Needham Market, and the noble Earl, Lord Lytton, requires the Secretary of State to facilitate the accelerated rollout of EV charging points for domestic and commercial customers. I strongly support this very laudable aim but there are still unresolved issues. First, as the noble Lord, Lord Young, and the noble Baroness, Lady Randerson, have both identified, we are already seeing inequalities develop in EV charging provision and we need to watch out for that very carefully, particularly in the context of the Bill.
Then there is the issue of technology and whether it is settled enough yet to encourage the considerable cost of a UK-wide rollout. Many of us in this Chamber will remember the issues around VHS and Betamax. That is the classic example of when, if you jump early to the wrong technology, it can be very expensive indeed. Many noble Lords referred to improvements in very fast charging facilities and the way that picture is developing so rapidly. It is difficult to know when that will settle. The noble Lord, Lord Young, referred to the difference between fast and slow chargers, and we need to make sure that we get the most up-to-date provision wherever it is possible.
Secondly, in terms of domestic provision, the complex issues referred to by noble Lords by this afternoon of on-street charging must be resolved. For those fortunate enough to have a drive or land at the side of their property where charging points can be installed, it is not such an issue, but if you live in a terraced street and in housing where that is not so easy to do, it is. The noble Baroness, Lady Bennett, rightly made the point that this should not interrupt easy walking access for residents. For properties with no adjacent parking, installation of EV charging points can prove expensive and very disruptive in terms of cable laying and so on. My noble friend Lord Berkeley raised this issue too; we have to be concerned about it. Lastly, I have a slight concern that giving this responsibility in legislation to the Secretary of State will simply result in it and potentially the resultant cost and headaches being transferred to local authorities. That is something we need to think carefully about.
I also agree with noble Lords who have said that National Grid really has to get its act together on this issue. Even in developments I have been engaged with in my own borough, it is very often National Grid that really holds things up on many of the measures that we want in levelling up and regeneration. We need to work on how National Grid can respond more quickly to these developments.
No doubt, all those issues could be considered and resolved and there is clearly an urgent need to accelerate the provision of EV charging. My noble friend Lord Berkeley mentioned 8,000 public charging points. This is woeful. The noble Lord, Lord Young, mentioned that this has been flagged up for over 30 years now. We can all remember talking about this many decades ago, so surely it is time now that we made urgent progress.
I turn now to Amendment 482 from the noble Baroness, Lady Bennett of Manor Castle. At the moment, some local authorities do a very good job of making the case to residents in their communities for reducing speed limits, and I pay tribute to campaign organisations such as 20’s Plenty for Us that are producing fantastic support on that. In addition to the points that have been made about it, I also mention that the reduction in pollutants at lower speed is a key issue here as well as the other benefits in noise pollution, safety for other road users and so on.
We believe that this is an area where decisions are far better taken locally so that benefits can be explained fully as the change is implemented. I pay tribute to Hertfordshire County Council, which has worked very closely across the county with local councillors and their communities to develop an evidence base, introduce consultation with members and the communities that they represent and then put appropriate funding allocation in place, first on a pilot basis and then more widely across the county. That is a very good example, and it was lovely to hear another example of how the Welsh Labour Government are leading the way in this respect.
Amendment 486 in the name of the noble Baroness, Lady Randerson, refers to the need for the Government to update Parliament on progress against their EV infrastructure strategy, which was published in March 2022. Irrespective of the comments I made earlier about the complexities of introducing EV charging, at the very least the Government should be delivering against the strategy they have set for themselves. The disparity in provision from place to place is as important as the sheer number of charging points available, so we certainly support the amendment.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, I am very pleased to make my debut on the LURB. I am sorry that it has taken so long, but I may be back again in due course, should there be more transport amendments. Today, it is my job to address this group of amendments, which relate to transport; there are four, and I shall address each in turn.
I start with Amendment 240, in the name of the noble Lord, Lord Berkeley, which relates to cycling and walking and to the role of active travel in local development. I think that all noble Lords agree that the Government recognise the importance of walking and cycling and the role that the planning system plays in enabling development in sustainable locations, supported by active travel infrastructure. It is already the case that national planning policies must be considered by local authorities when preparing a local plan and are a material consideration in all planning decisions. The Bill does not alter this principle and will strengthen the importance of those national policies which relate to decision-making.
The existing National Planning Policy Framework is clear that transport issues, including opportunities to promote walking and cycling, should be considered from the earliest stages of plan-making and when considering development proposals. The NPPF also states that policies in local plans should provide for attractive and well-designed walking and cycling networks with supporting facilities, such as secure cycle parking, drawing on local cycling and walking infrastructure plans. The NPPF also places environmental objectives at the heart of the planning system, making it clear that planning should protect and enhance our natural environment, mitigate and adapt to climate change, and support the transition to a low-carbon future. The Government have recently concluded a consultation on changes to the NPPF to ensure that it contributes to climate change mitigation and adaptation as fully as possible.
I always react with some trepidation when my noble friend Lord Young of Cookham shares his thoughts with your Lordships’ House. He has an enormous amount of experience in this area—and, it would seem, in most areas of government. He challenged me to explain why we think the guidance will achieve our aims. I believe that it is more than just guidance; the NPPF and the new national development management policy set out the Government’s planning policies for England and how they should be applied. These are material considerations in planning decisions. The power in securing positive change for communities is substantial and should not be referred to as just “guidance”.
There is another step forward—perhaps slightly towards where my noble friend would like us to be—with Active Travel England. Many noble Lords will know that Active Travel England was set up relatively recently, and its role will expand over time. It will become a statutory consultee on certain major planning applications from June this year. That means that local planning authorities will be required to consult ATE on planning applications, where developments meet one of the following minimum thresholds: where it has 150 residential units; where it is 7,500 square metres of commercial area; or where it is a site with an area of 5 hectares or more. Furthermore, ATE will also take an active role in supporting the preparation of local plans and design codes.
It is also worth reflecting that local plans must be put in place quickly, and so we must avoid imposing a plethora of additional statutory requirements which local authorities must have regard to, especially when clear expectations are already set through national policy. There is one other—
Baroness Pinnock (LD)
I apologise to the Minister, but could she explain to the House where the balance lies between commercial interests and their development, and the policies that she has rightly described as very positive and as needing to be put into place? In my experience, the balance is currently in the hands of the commercial interests.
Baroness Vere of Norbiton (Con)
I had better write with more details on that subject. As noble Lords will know, I have not been involved in the Bill for very long but, reflecting on some of the contributions to the Built Environment Committee, I sometimes question whether noble Lords have any confidence in local authorities at all. If the noble Baroness is asking what the balance is between commercial interests and other local interests, I ask: do we not want the local authority to be making those decisions for its local communities and therefore granting planning permission on that basis? In terms of how we would provide the overarching vision for that, I am very happy to set that out in more detail in a letter.
Baroness Taylor of Stevenage (Lab)
My apologies for also interrupting the Minister. I know that she has not been part of previous discussions on the National Planning Policy Framework with regard to the Bill, or the sequence of events as to when we will see the finalised version of the NPPF, but noble Lords have expressed concern that we are being told that some things are going into one, while other things are going into the other. Because we will not see the finalised version of the National Planning Policy Framework before the end of Committee—unless the Bill goes on even longer than it already has—we have concerns that we will not understand what is going into one and what is going into the other. I repeat that point again, because it is very important to some of the previous points under discussion in earlier days in Committee about how the two fit together.
Baroness Vere of Norbiton (Con)
Indeed, I am aware that those conversations have been happening and, as a Transport Minister, perhaps I had better not add anything further. However, it is worth highlighting that the Government are taking forward other policies for cycling and walking, which I believe will be helpful to local authorities in thinking about how cycling, walking and active travel are taken into account when it comes to local development. The Manual for the Streets guidance is incredibly important and is being updated. We are also planning to refresh the guidance supporting the development of the local transport plan.
It is also worth noting the tens of millions of pounds that the Government have awarded to local transport authorities to upskill the capacity and capabilities of their staff to ensure that things happen. For example, the noble Baroness, Lady Pinnock, mentioned her council in Kirklees, where things all seem to be tickety-boo. Therefore, I would expect other local authorities to look at that council to try to emulate that because, essentially, we want local decisions to be taken locally—that is at the heart of this matter.
I turn now to the amendment on railway accessibility in the name of the noble Baroness, Lady Pinnock. I appreciate the contributions made by the noble Earl, Lord Lytton, and the noble Baroness, Lady Randerson, providing details of specific areas where we need to make improvement. Improved access to the railway is a key priority for the Government. The Transport Secretary is committed to funding transport infrastructure improvements, including improvements to stations to make them more accessible for disabled passengers. The Department for Transport has already invested £383 million under the Access for All programme between 2019 and 2024, and there is more to come.
The Design Standards for Accessible Railway Stations, published in 2015, set out the standards that must be met when new railway infrastructure or facilities are installed, renewed or replaced. Noble Lords may question the date of 2015 and say that it is a little while ago, but I reassure them that the process is being set out at the moment as to how the standards will be refreshed.
Noble Lords will also be aware that the Government have now completed an audit of all stations across the network. That data will be shared with Great British Railways; it will be made public; and that will be very helpful for ensuring that as many people as possible who are less mobile can travel. I accept, however, that some stations remain less accessible. Can we fix them all at once? I am afraid we cannot, but I would like to reassure the Committee that all stations, regardless of size and location, are eligible for funding under the Access for All programme.
Baroness Randerson (LD)
I am very pleased to hear about the Government’s commitment and that we will soon get details that will help us on this. We all acknowledge that you cannot do it all at once. What we want to see is progress, so I was very disappointed to read about the Network Rail briefing this week, which became public. It said that the amount of money available was not enough to maintain existing standards of reliability on the railways, let alone make progress with improving accessibility. The noble Baroness might like to make a comment on that.
Baroness Vere of Norbiton (Con)
The noble Baroness would probably decline to make a comment on that at this moment, as that would take us far away from the area of accessibility, which is under consideration today. However, the noble Baroness asked whether progress had been made. So far, step-free accessible routes have been delivered at 200 stations, and smaller-scale access improvements have been made at 1,500 stations. We have made progress; there is much more progress to come; and we are absolutely committed to making it.
Amendments 470 and 486 relate to the charging of electric vehicles, I share all noble Lords’ concerns about electric vehicle charge points and how important they are as we decarbonise our transport system. The first of the two amendments seeks to amend the Electricity Act 1989 to add an explicit reference to electric vehicle charge point provision in addition to the need to
“secure that all reasonable demands for electricity are met”.
The Electricity Act 1989 already requires the Secretary of State to give regard to securing that all reasonable demands for electricity are met. This requirement already includes the charging of electric vehicles. We therefore believe that the amendment is unnecessary, and indeed that it might be unhelpful to other equally critical areas of the decarbonisation effort such as, for example, heat pumps. In carrying out this duty under the Electricity Act, the Secretary of State works closely with Ofgem, as the independent energy regulator is responsible for regulating network companies to ensure that sufficient grid capacity is built and operated to meet consumer demand. Of course, we work very closely with Ofgem as price controls are developed, so that our work aligns to meet the needs of customers, including electric vehicle users.
We are investing £3.1 billion for network upgrades to support the uptake of electric vehicles and heat pumps. This is significant upfront funding and, combined with an agile price control system for net zero-related expenditure, it will enable the investment in the network infrastructure needed to facilitate heat and transport electrification.
There were a number of questions around the provision of charge points themselves. The noble Baroness, Lady Pinnock, asked about new homes. We laid legislation that came into force in June last year requiring most new homes and those undergoing major renovation with associated parking in England to have a charge point or a cable route for charge points installed from the outset. We estimate that this will lead to the installation of up to 145,000 new charge points across England every year.
The noble Lord, Lord Berkeley, asked about home and business charge points. The Government have supported the installation of about 400,000 of these charge points. Of course, there will be many, many more out there that have been installed without government support—and, to my mind, long may that continue.
I turn now to the second of the two amendments on charge points, which relates to reporting. I do not believe that this amendment is necessary, because I am pleased to confirm that the Government routinely publish monthly and quarterly EV public charging device statistics. These are broken down by device speed category, region and local authority area. The latest report outlined that, as of 1 April, there are more than 40,000 available public charging devices, of which more than 7,600 are rapid or above charging devices—a 33% increase. We also routinely publish the number of devices funded through government grant schemes. As I pointed out, many more will be installed that are not funded by the Government, and we would not necessarily be able to find out where they are. If there is further information that the noble Baroness would like about public charging points that we might reasonably be able to gather, I would be very happy to discuss this with her further. I have noted the other comments on EV charge points and will reflect on them further.
Finally, I turn to the amendment in the name of the noble Baroness, Lady Bennett of Manor Castle, about a blanket reduction on restricted roads from 30 to 20 miles per hour. I noted some of the comments from the noble Baroness, and I agreed with some of them. None the less, I am not convinced that a blanket application of this lower speed limit is appropriate because, again, it would undermine local decision-makers’ ability to set the most appropriate speed for the roads in their area, based on local knowledge and the views of the local community. Actually, I am pleased that the noble Baroness, Lady Taylor, agrees with me. Indeed, she seems to agree with me for England but not for Wales, where it is not something that a local authority can decide.
Baroness Taylor of Stevenage (Lab)
I believe there was widespread consultation from the Welsh Government with Welsh local government in terms of doing this. I have that in my notes, but my notes are a bit scribbly and I missed it out. May I just make the point that the Welsh Government, as they always do, have consulted very widely with Welsh local government on this?
Baroness Vere of Norbiton (Con)
That is fantastic to hear, and I am sure that all local authorities 100% agreed with the Welsh Government in that regard.
The second element to this is that a blanket approach would be—
Baroness Bennett of Manor Castle (GP)
Would the Minister acknowledge that 30 miles per hour was, of course, the blanket applied by Westminster? That is what has been set by Westminster, and it is of considerable cost for councils to apply a reduction. We are discussing the levelling-up Bill, and it is councils in the poorest areas of the country that would see the greatest benefits but may well not have the money to be able to bring in that improvement for their residents.
Baroness Vere of Norbiton (Con)
I was about to come on to the fact that changing the speed limit on a blanket basis would be incredibly costly and complex to introduce. I go back to the first point, which I believe is the stronger of the two arguments, because you can throw money at anything and make it work. Local authorities quite rightly have the power to set speed limits on the roads in their areas. Many local authorities have decided to do 20 miles per hour zones in all or parts of their area, and that is entirely up to them. We endorse that approach in Department for Transport guidance and, particularly, we think that that is something that should be considered where pedestrians, cyclists and vehicles are all in close proximity. However, they are not always in close proximity. There will be roads which the local community and their local elected leaders will decide should stay at 30.
If one were to apply this blanket change to 20 miles per hour, what would happen is that all of the repeater signs for 20 miles per hour that already exist for those areas that are 20 miles an hour would have to be removed, or there would have to be repeater signs for 30 miles an hour put in. This would, of course, be after the local authority had gone through its entire road network to figure out which roads should be at which speed. So I believe that where we are at the moment provides the balance between ensuring that local people are taking responsibility and decisions for matters that affect their local communities, based on their local knowledge. The corollary to that is that if one applies a blanket approach now, it would be very costly, as the noble Baroness has already pointed out herself.
With the assurance that I have given in relation to each of the amendments in this group, I hope that the noble Lord, Lord Berkeley, will feel able to withdraw his Amendment 240 and that the other amendments in this group are not moved when they are reached.
Lord Thurlow (CB)
I thank the noble Lord for his comment. I agree entirely with what he says. Without being able to challenge line-by-line a financial viability appraisal, it becomes an impossible task. A lot of the elements of financial appraisals are subjective, and value is therefore very much in the eye of the beholder. I absolutely agree with the noble Lord’s comment. However, until developers are required to provide sufficient social housing, together with the contribution from government sources, I unconditionally support the amendment tabled by the noble Lord, Lord Best.
The Parliamentary Under-Secretary of State, Department for Levellin Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, I thank my noble friend Lord Young of Cookham for his explanation of the difficult decisions that social landlords must navigate through with the competing requirements on their rental amounts. That is really important; it is not just about building other properties—there are many other pressures that we continue to put upon them.
Amendment 241A, and Amendments 242 and 242ZA, tabled by the noble Lord, Lord Stunell, relate to the definition of affordable housing. It is right to raise the importance of ensuring that affordable housing meets the needs of those who require it. Before addressing the amendments specifically, I assure noble Lords that the Government recognise the need to increase the supply of the most affordable type of affordable housing—that is to say, let at social rent. That is reflected in our commitment in the levelling-up White Paper to increasing the amount of social housing available over time to provide the most affordable housing for those who need it. A large number of new houses to be delivered through our £11.5 billion affordable homes programme will be for social rent.
The consultation that we published before Christmas on the NPPF also recognised the need for more social rent homes. Subject to the outcome of that consultation, we are proposing to make changes to the NPPF to make it clear that local planning authorities should give greater importance in planning to social rent homes when addressing their overall housing requirements in their development plans and making planning decisions. However, we also recognise that local authorities need flexibility to deliver exactly what is needed in their area, and this may vary depending on local circumstances. We want to ensure that, when there is innovation in models for the delivery of much-needed housing to meet the needs of those who require it, we can flex the system to incorporate such innovation.
So, we are aiming for a “Goldilocks zone”. If we define affordable housing too strictly either within the Bill or the NPPF, we risk stripping local authorities of their flexibility to decide what is appropriate in their area. But, if we leave the definition of affordable housing entirely to local authorities, we risk losing the levers to drive important government ambitions, including those relating to the increased delivery of social rent. That is why we are keen to maintain the existing approach, in which the Government set the direction through policy and regulation, while also allowing space for local authorities to shape this approach to best meet local need.
It is for that reason that I am concerned that Amendments 241A, 242 and 242ZA, which are all concerned with linking the definition of affordable housing to a specific measure of income, would be too restrictive. In the National Planning Policy Framework, affordable housing is described as housing for sale or rent to those whose needs are not met by the market and which complies with one or more specific definitions. Those specific definitions encompass several different types of accommodation, to meet the housing needs of a range of people in different circumstances and housing markets.
This includes affordable rent as well as social rent homes. Affordable rent was introduced in 2011 to make it possible to deliver a larger number of affordable homes for a given amount of public investment. This has helped to support the delivery of over 632,600 affordable homes since 2010. Of that total, more than 440,000 were homes for rent and, of these, more than 162,000 were for social rent.
The definition in the National Planning Policy Framework, to be read alongside relevant Written Ministerial Statements and guidance, also encompasses a range of options, including shared ownership and First Homes, that offer routes into home ownership for households whose needs are not met by the market. These options are typically available at a price below market value. Eligibility can also be assessed in relation to overall household income, or in reference to local incomes and house prices.
In relation to shared ownership specifically, the Government understand the need to maximise the scheme’s affordability both at the initial point of purchase and over the longer term. That is why shared ownership is specifically designed to enable prospective buyers to purchase the right percentage share of their home for them, based on an affordability assessment conducted by an independent financial adviser. By linking shared ownership status as a form of affordable housing to a specific measure of income, we would be removing this much-needed flexibility to tailor the scheme to the individual circumstances of prospective buyers.
In relation to compulsory purchase orders and the community infrastructure levy—and its replacement, the infrastructure levy—the definition of affordable housing is linked to the definition of social housing in the Housing and Regeneration Act 2008. This definition encompasses both “low-cost rental accommodation” and “low-cost home ownership accommodation”. There is flexibility to add other descriptions of housing via regulations.
This ensures that regulations can then be amended so that definitions for the purposes of the community infrastructure fund can also be updated. This approach has been maintained in the Bill for those areas which touch on developer contributions: the infrastructure levy, street votes and community land auctions.
It is right to preserve this flexibility, alongside our proposal that national planning policy should place much greater value on homes for social rent. I therefore hope that the right reverend Prelate and the noble Lord, Lord Stunell, will not press their amendments.
I turn next to Amendments 262 and 500 in the names of the noble Baronesses, Lady Pinnock and Lady Taylor of Stevenage. These amendments seek to enable local authorities to mandate that new housing under their jurisdiction be affordable; to define “affordable” for that purpose; and to enable Ministers to set legally binding targets for the construction of social housing.
Lord Stunell (LD)
The Minister is being extremely thorough. She has emphasised very much that she does not want to constrain local authorities exercising their decisions as is appropriate for their area. Can she give us some assurance that when the NDMPs and the revised NPPF are published that we will not find that they are being constrained via a different route?
Baroness Scott of Bybrook (Con)
I cannot give that assurance because we have not yet published them, but from everything I know of where the Bill is going with planning, we are encouraging local authorities to make those local decisions within the national framework, and I do not expect any further constraints on local authorities in that regard.
This is probably the right time to also bring up the issue that the noble Lord, Lord Thurlow, raised about transparency and viability. We agree with many of the criticisms of the misuse of viability assessments. That is why we are introducing the infrastructure levy, which removes the need for viability assessments as part of the planning permission process. If we take it out of the process, I hope we will not have this argument in the beginning. I have had many arguments over viability in the past. If we take it out of the system, I hope that will stop in future.
Moving to Amendment 438, in the name of the noble Lord, Lord Best, I understand why he has put forward his amendments. While I appreciate totally the sentiment behind them, we do not believe this would be the correct legislative vehicle for this policy. The Government have provided public assurances that they will not require local authorities to make a payment in respect of their vacant higher value council homes in the social housing Green Paper and stand by that commitment. The Levelling Up and Regeneration Bill does not address the topic of social housing, and the Government do not wish further to complicate such a complex set of legislative measures. However, the Government remain committed to legislating on this issue at an appropriate time in the future. I can provide assurances at the Dispatch Box to the noble Lord that the provisions laid out in Chapter 2 of Part 4 of the Housing and Planning Act 2016 have not been brought into effect and this Government have no intention of doing so. The provisions lack a regulatory framework to underpin the policy, and therefore there is no risk of local authorities being subject to them before we are able to legislate in the future. I hope this reassures the noble Lord that the Government remain committed to the decisions set out in the social housing Green Paper and that provisions will be made in future for this revocation to be issued. I hope the noble Lord will feel able not to move the amendment.
Baroness Taylor of Stevenage (Lab)
I am grateful to noble Lords for such an interesting debate on a crucial topic central to the Levelling Up and Regeneration Bill. As a result of the discussions we have had, the National Housing Federation’s figure for people in need of social housing is now 3.8 million—that is 1.6 million households. That is around 500,000 more households than the 1.16 million that are on official waiting lists. We all know the reasons for that: not everybody who is in need of housing will necessarily want to spend the next 20 years on a housing waiting list. In so many areas it is impossible to see people ever being housed as a result of those housing lists.
I thank the right reverend Prelate the Bishop of Leeds for his important comments, particularly about us needing to understand what genuinely affordable housing means. It certainly does not mean the definition that is used in planning at the moment. I agree with his comment that we are under an illusion that housing built under the “affordable homes” category will resolve the housing crisis—it will not. I totally support his comments about unfreezing local housing allowance levels, which would be an important step. Over many decades, we have seen sticking-plaster approaches to tackling the housing situation in this country, which consequently continues to deteriorate.
The noble Lord, Lord Stunell, rightly said that all of the amendments in this group are aimed at the same destination. Neither in renting nor in homes for sale does “affordability” mean what it says on the tin. We are all trying to make sure that we do what we can in the Bill to change that to some extent.
It is misleading to say that the Help to Buy schemes, which the noble Lord, Lord Stunell, mentioned, will tackle the issue for those most in need of housing. Taking a little risk, I will mention a conversation I had with a former Conservative Minister, who said, “I don’t know why you keep banging on about social housing, Sharon. Everyone can afford to buy a house under our Help to Buy scheme”. That is clearly not the case. The noble Lord, Lord Stunell, quoted his noble friend who said that, in Southwold, the affordability ratio is 17:1, and 13:1 after a 20% discount. That is the case in quite a lot of the country, although not everywhere.
More than 50% of social homes have been transferred into the private rented sector, which is a great grievance to those of us who deal with the impact of that. Where that rent is paid by universal credit or other benefits, instead of DWP paying—I shall use the figures I quoted earlier—£110 a week rent for those properties, the public purse now pays £235 a week for them. That does not make any sense at all, so we need to do all we can to address this situation.
As ever, I was pleased to hear from the noble Lord, Lord Best, about his amendment. I thank him for reminding us about the Affordable Housing Commission report, which is very good and we all need to take account of it. I am afraid I found the Minister’s comments on the amendment proposed by the noble Lord, Lord Best, a bit disappointing. None of us, including the Government, want this measure. The noble Lord, Lord Best, called it an “obnoxious” and “offensive” legislative provision, which it is. He pointed out that it has hung over local government since 2016. We could use this legislation to get rid of it. Why do we not do that? Under that legislation, local authorities were expected to raise the rent to market levels where tenants improved their financial situation. When that happened, it greatly concerned me that this would not benefit local communities or our housing stock but would tip into the bottomless bucket in the Treasury. It is time that that provision was scrapped. I absolutely support the comments of the noble Lord, Lord Best, about local decisions being taken on right-to-buy discounts. That measure is way past time, and we should absolutely have it.
The noble Lord, Lord Young, spoke about unfreezing local housing allowance, which I agree with. He also mentioned discretionary housing payments. In many local authorities, the allocated amount of discretionary housing payment runs out in Quarter 1, and then various bodies, including government advisory bodies and Citizens Advice, often send tenants to their councils to request discretionary housing payment, when in fact it has run out in the first three months of the year. That is simply because of the cost of living crisis and the level of rents that are putting so much pressure on those discretionary housing payments.
Baroness Scott of Bybrook
“Local Government Act 1972
A1 In section 138C of the Local Government Act 1972 (application of sections 138A and 138B to other authorities), in subsections (1)(s) and (2)(c), for “an order under section 29” substitute “regulations made under section 15J”.”Member's explanatory statement
This amendment inserts an amendment to the Local Government Act 1972 which is consequential upon Schedule 7 to the Bill.
Lord Thurlow (CB)
My Lords, first, I simply put right a matter of record. I failed to declare my interests in our debate before lunch. I have two buy-to-let properties, as marked on the register.
I now briefly reference Amendment 247B from the noble Lord, Lord Cormack, ably introduced by the noble Lord, Lord Carrington of Fulham. I refer to our heritage assets in the context of properties, as well as statues and artwork. In the UK, a disproportionately small minority can cause heritage assets to be removed from public view, whether they are in public or private ownership or locations.
Furthermore, the world we live in of modern development seldom includes a requirement on developers to contribute to what I think is referred to as the public realm. Most larger developments, as we have heard from the noble Lord, Lord Carrington, are built to minimum cost. We must not forget that good architecture and good design—itself expensive—is a great contribution to the public realm. The presence of statues and monuments, and good building design is a really important contribution to society. Planning applications should have a public realm box, simply to ask whether they are making any contribution to the public realm and heritage assets. The amendment of the noble Lord, Lord Cormack, should also refer to heritage assets which are stored out of sight and yet are in public ownership.
The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, this group of amendments relates to heritage, assets of community value and permitted development rights for demolition of buildings. I am pleased to be responding as Minister for Heritage, and I am very happy to discuss these matters with individual noble Lords, as I speak for the first time on this Bill.
Amendment 243, tabled by the noble Baroness, Lady Taylor of Stevenage, and moved by the noble Baroness, Lady Hayman of Ullock, would require the Secretary of State to publish a review of local heritage lists and the results of the 2018 review of the non-statutory guidance on assets of community value. That review was undertaken to shape the future direction of the policy in the levelling-up White Paper that His Majesty’s Government committed to and explore how the existing community asset transfer and asset of community value schemes can be enhanced. We will continue to make funds available to groups through the community ownership fund.
Regarding the review of local heritage lists, the Government recognise the importance of identifying and managing those parts of the historic environment which are valued by their community. We have given £1.5 million to 22 places across England to support local planning authorities and their residents to develop new and update local heritage lists. Our intention is that the lessons learned from that work will be shared with other local authorities so that they too can benefit from the good practice that is building up in this area. As part of the development of the new national planning policy framework, we will also develop new proposals for statutory national development management policies, including policies to protect local heritage assets. Such proposals will be subject to future consultation; we would not want to pre-empt the outcome of that consultation by taking steps such as those envisaged in this amendment right now.
Amendment 246, also tabled by the noble Baroness, Lady Taylor, would require draft legislation to reform assets of community value to be published within 90 days of Royal Assent of this Bill. Community assets play a vital role in creating thriving neighbourhoods. The assets of community value scheme enables communities and parish councils with the right to register a building or piece of land as an asset of community value if the principal use of the asset furthers their community’s well-being or social interests and is likely to do so in future. The scheme has been successful in helping community groups to identify important local assets at risk of loss. As I have mentioned, the levelling-up White Paper committed us to consider how the existing assets of community value framework can be enhanced. We must ensure that any changes to the legislation are workable in practice. To do this in a meaningful way needs consultation with all the parties that it will affect, including community groups, local authorities which are responsible for listing assets, and businesses and private individuals who are property owners. An amendment such as this risks creating legislation which does not work in practice. The framework must balance community power and the ability to safeguard community assets in a way that is fair, targeted and proportionate. We are committed to exporting the scope for improvements which can maintain this important balance, but it is important that we do so in a way which gives time with those with an interest to reflect on their experience and any proposals for change.
Amendment 244, also tabled by the noble Baroness, Lady Taylor, would mean that when deciding on the correct recipient of a temporary stop notice, the authority should have regard to the tenancy status of the occupier and their level of responsibility for any works on the property. Clause 96 addresses a gap in the enforcement powers available to local authorities in relation to listed buildings, which will help to protect these irreplaceable assets for generations to come. While under the Town and Country Planning Act 1990 local authorities have the power to serve temporary stop notices, there is currently no equivalent power in relation to listed buildings. Clause 96 amends the Planning (Listed Buildings and Conservation Areas) Act 1990 to give local planning authorities the power to issue temporary stop notices in relation to unauthorised works to a listed building in England.
The noble Baroness’s amendment seeks to add a requirement for local planning authorities to have regard to the tenancy status of the occupier and their level of responsibility. Temporary stop notices are an existing enforcement tool which local planning authorities are accustomed to issuing. Those planning authorities have experience of considering matters such as tenancy status and the level of responsibility for works carried out when they serve such notices, which would also apply in this context. The Government believe that the local planning authorities do not require the additional guidance that this amendment would provide, so they do not feel that it is necessary.
The noble Baroness, Lady Hayman of Ullock, asked me how local authorities can identify the owner of the properties when sending out a temporary stop notice. They can use a variety of sources: for instance, council tax records, planning application registers, and the Land Registry are some of the open sources of information that they are already able to consult. Usually, they would do everything they can to identify to whom it should best be served, and it can indeed be to a variety of people.
The Earl of Lytton (CB)
Could the Minister explain why he considers it appropriate for authorities to have this power but, to visit direct—and it must be direct—loss in order to be compensable, he thinks it is not appropriate that the exercise of powers should be accompanied by compensation? What other areas where the compensation code might be deemed to apply does he think are in some way disposable? I remind him of the principles that I referred to right at the end of discussing human rights, on the questions of the reasonable enjoyment of one’s property, not being dispossessed of it by the state other than for an overriding reason, and then only on the provision of proper compensation, determined by an independent adjudicator if necessary. Does he depart from those particular principles?
Lord Parkinson of Whitley Bay (Con)
I am grateful to the noble Earl for his questions. If it is helpful, I am very happy to speak to him in advance of my meeting with Ben Cowell next week, so that I can have a fruitful discussion with him and with Historic Houses on this point.
He asked about the Secretary of State’s declaration on the Bill. That is self-evident: the Secretary of State has found it compatible with human rights laws. But I will leave it to colleagues at the Secretary of State’s department to speak further on that. With the offer to meet the noble Earl ahead of my meeting, I hope that he will be happy with the point that I have outlined about wanting to remove what we see as a hindrance to these notices being served.
Amendments 312G and 312H, tabled by the noble Baroness, Lady Andrews, would require the Secretary of State to remove permitted development rights for the demolition of buildings. These amendments aim to reduce demolition and consequently carbon emissions, to increase communities’ ability to shape local places and to protect non-designated heritage assets. I completely agree with the remarks she made about the value of historic buildings and our historic environment to communities and the importance of preserving them for generations to come. I pay tribute to the work she has done over many years on this at English Heritage, the National Lottery Heritage Fund and in many other ways.
Permitted development rights are a national grant of planning permission that allow certain building works and changes of use to take place. There is a long-standing permitted development right which permits the demolition of buildings, subject to certain limitations and conditions, as she outlined in her speech. Her Amendment 312G seeks to remove this permitted development right for all but the smallest buildings. Her Amendment 312H seeks to remove the right for locally listed heritage assets only. These amendments would mean that works to demolish affected buildings would require the submission of a planning application.
I want to make it clear to noble Lords that the Government are committed to ensuring that planning permission contributes to our work to mitigate and adapt to climate change. National planning policy is clear that the planning system should support our transition to a low-carbon future, including helping to encourage the reuse of existing resources and the conversion of existing buildings where appropriate. The National Model Design Code encourages sustainable construction focused on reducing embodied energy, embedding circular economy principles to reduce waste, designing for disassembly and exploring the remodelling and reusing of buildings where possible rather than rebuilding. I know that our heritage bodies—not just our arm’s-length bodies such as Historic England but right across the sector—are doing sincere and fruitful work to make sure that we have the skills, not just now but in generations to come, to carry out the works to effect that.
I also want to stress that the Government recognise the need to protect historic buildings and other assets valued by their local communities. The heritage designation regime in England protects buildings of special architectural and historic interest, but we understand there are many other buildings and assets that local people cherish. Planning practice guidance encourages local planning authorities to prepare local lists of non-designated heritage assets. I mentioned earlier the £1.5 million we have given to support local planning authorities and their residents to develop new and updated local heritage lists, with the intention that the lessons learned from that work will be shared later this year.
Local planning authorities have the power, where they consider it necessary, to remove specific permitted development rights to protect a local amenity or the well-being of an area by making an article for direction. Powers to amend permitted development rights already exist in primary legislation. There are also tools within the existing planning system that can be used to manage demolition more responsively, such as the National Planning Policy Framework and local design codes. So, while we appreciate the importance of reducing carbon emissions, supporting local democracy and of course protecting heritage assets, we do not believe that these amendments are necessary to achieve those aims. I want to assure the noble Baroness that we will of course continue to keep permitted development rights under review and look at them with a heritage lens as well.
I understand the point raised by my noble friend Lord Carrington of Fulham about the protections available to more recent buildings. While the tastes of individual Ministers are rightly irrelevant in the process, I share his admiration for the work of Giles Gilbert Scott. I live close to what was King’s College Hospital in Denmark Hill and is now the home of the Salvation Army. I had the pleasure of speaking on 8 September last year—a date which sadly sticks in the mind—to a conference organised by the think tank Create Streets on diverse modernities, where I was able to talk about his other buildings, such as the university library and the memorial court at Clare College in Cambridge.
I said on that occasion that the Government recognise that the eligible age for protection by statutory listing needs to continue rolling forward. In the past, recent buildings have not been a focus for listing, but I am glad to say that that is no longer the case. One-third of the buildings listed by recent Secretaries of State have been 20th century buildings. I think one of the most recent examples is the headquarters of Channel 4 on Horseferry Road, which dates from the 1990s.
The listing regime is not prejudiced. As per the Secretary State’s principles for selection, planning and development are not taken into account when listing a building—it is done purely on historic and architectural merit. The older a building is and the fewer surviving examples there are of its kind, the more likely it is to have special interest. From 1850 to 1945, because of the greatly increased number of building erected and the much larger number of buildings that were constructed and have survived, progressively greater selection is therefore necessary. Careful selection is of course required for buildings from the period after the Second World War.
I am very grateful to my noble friend for speaking to Amendment 247B tabled by our noble friend Lord Cormack. As my noble friend Lord Carrington said, the noble Lord sends his apologies for not being able to be here in your Lordships’ House today. Noble Lords will know he is the last person who would wish to express discourtesy to your Lordships’ House. He has given me permission to share that it is only because he is collecting his wife from hospital following an operation that he is unable to be here today. I am sure noble Lords will understand and want to join me in wishing Lady Cormack a swift recuperation.
I am grateful to him for his amendment, which highlights the importance of lists of locally important heritage assets. I have been able to speak to my noble friend about his amendment and some of the points that lie behind it. As Minister for Heritage, I am, on behalf of the Secretary of State, responsible for the statutory designation system that lists buildings of architectural and historic importance, and protects monuments of national importance. Local listing is a non-statutory means by which local planning authorities can, if they wish, identify heritage assets that are of local importance but do not meet the criteria for national designation and statutory protection as a listed building or a scheduled monument, and then take account of these assets during the planning process. In recent years, the Department for Levelling Up, Housing and Communities has provided financial support to selected local planning authorities wishing to develop a local list with the assistance of Historic England.
Local lists are discretionary; some local planning authorities compile local lists and some do not. Under the terms of local listing, it is up to those authorities which heritage assets they include in local lists. I am not, at present, convinced that, given this discretionary nature, we should be legislating for local lists to include all statues and monuments in an area. While many statues and monuments are very clearly cherished by the local community and should be included on local lists, there will be instances where it would be inappropriate to include certain statues and monuments—for instance, a sculpture in somebody’s private garden. Local planning authorities, following consultation with their communities, are best placed to decide what should be included on a local list.
Our national designation system already ensures statutory protection of our most significant heritage assets, including statues and monuments. The national listing process already protects those that meet the criteria of special architectural or historic interest. We have recently increased the protections for non-designated statues and monuments in public places that are more than 10 years old, whether they are locally listed or not. Their removal now needs explicit planning permission, and we have made it clear in national planning policy that decisions on statues and monuments should have regard to our policy of retaining and explaining these important historical assets.
My noble friend raised the question of the definition of “alteration”, pointing to some examples, including the statue of the Earl of Beaconsfield, Benjamin Disraeli. As it is the day after Primrose Day, and the birthday of my noble friend Lord Lexden—the Conservative Party’s official historian—I must echo my noble friend’s comments about Disraeli and the amusement he might find in some of the treatment of statues of him today. But the point my noble friend makes is an interesting one, which I am happy to discuss with him and my noble friend Lord Cormack. As he is not here for me to ask him not to move his amendment, I offer, on the record, to discuss this with him and any other noble Lords. I beg all noble Lords whose amendments I have addressed not to move their amendments and beg the noble Baroness to withdraw her amendment at this juncture.
Earl Howe (Con)
My Lords, a range of questions have been asked on this group of amendments. It might be helpful if I begin with the question posed by the noble Baroness, Lady Pinnock, and set out why the Government are bringing forward this measure in the Bill.
Local people can, quite understandably, be resistant to new development in their area if they have little say over what gets built and it does not reflect their preferences. However, many of us know that residents are often more supportive when they can play a direct role in shaping that development, including what it looks like. The Government are looking to deliver more good quality homes in the right places. To help achieve that, we want to encourage some intensification of development in existing residential areas, particularly areas of low density in towns and cities where this has the support of residents.
Clause 99 introduces street vote development orders, which will provide residents with a new opportunity to take a proactive role in the planning process and bring forward the development that they want to see on their streets. This new route to planning permission will support wider local efforts in bringing forward developments of new or more spacious homes in places where they are needed most. Amendments 248, 251, 253A, 254 and 257 all deal with how street votes will fit with the wider planning system and related requirements, and I propose to address them as a group.
In moving Amendment 248, my noble friend Lord Young of Cookham emphasised the desirability of achieving maximum certainty in the planning system. The first thing for me to say is that we want to create a predictable system where residents have a high degree of certainty on what development is likely to be permissible before they prepare a street vote development order proposal and that we want to make the system accessible and easy to use. To achieve that, we propose to do things a bit differently with this new tool. We want to depart from existing practice, which relies heavily on the interpretation of local policies to determine whether a development is appropriate, and move to an approach where proposals are assessed against more precise requirements which will be prescribed in regulations. These prescribed regulations will include what type of development and what type of uses are allowed, as well as detailed design requirements such as floor limits, ceiling heights and the extent to which a plot can be used.
We want to test this through consultation ahead of drafting the secondary legislation. These requirements will provide residents with that certainty and ease of use and be designed to ensure that street votes development is high quality and that any local impacts are managed. While I understand the intentions behind my noble friend’s amendment, it would, if agreed, prevent us applying this new approach and therefore I am unable to support it. I emphasise that this is an issue that we intend to consult on as part of a wider consultation on the detail of the measure to ensure that a wide spectrum of views is considered and that the policy delivers for communities.
I turn next to Amendment 251 in the name of the noble Baroness, Lady Hayman of Ullock, which was spoken to by the noble Baroness, Lady Taylor. Where there is a street vote development order, we of course wish to see the resultant impacts of construction on residents and the local environment minimised. The powers we are seeking would allow the Secretary of State to prescribe in regulations the documents that must accompany a street vote proposal. They could potentially include a code of construction practice. We intend to consult on what these requirements should be as part of the wider consultation on the detail of the measure. Setting out the documentary requirements in the Bill would prevent us considering this, alongside other detailed matters, through consultation.
Baroness Taylor of Stevenage (Lab)
Does the Minister accept that as part of that consultation we should speak to the Local Government Association or other representatives of local government? The drawing up of such codes and so on would almost certainly involve professionals in the planning departments of local authorities. They are at breaking point already—they are greatly stretched—and these street votes can presumably pop up at any time. They will not necessarily be part of a planned workload for local authorities. One of our concerns is that if some of these codes and other things that might be needed to support street votes are not very clear in secondary legislation or the SI that brings it in, it will put an incredible burden on those hard-pressed local authority planning departments. That is probably why the LGA has spoken out so strongly against this proposal, or one of the reasons. If we are going to do some extensive consultation on this before we see secondary legislation on it—which begs the question of why it could not have come in secondary legislation in the first place—that issue needs to be considered.
Earl Howe (Con)
We want to engage in extensive consultation. I have every confidence that the Government will want to garner opinion from sources that have expertise of the kind that the noble Baroness mentions, and I see no reason why the LGA will not be included in that. If I can provide her with greater certainty, I will certainly do so by letter. I will be talking more about the broader consultation process in a minute or two.
The effect of Amendment 253A in the name of the noble Lord, Lord Stunell, would be to exclude development in any area with a designated neighbourhood forum from the scope of street vote development orders. This would mean that, as he explained, street vote development orders could not be used in areas where, I suggest, they would be of most benefit, for example, where local people want more homes, or where greenfield land is under particular pressure from housing development. I reassure the noble Lord that neighbourhood planning will continue to play an important role in the planning system. Indeed, other measures in the Bill reinforce this. Where street vote development orders operate, communities will continue to be able to participate in neighbourhood planning. Indeed, our intended consultation will give neighbourhood planning forums and other interested parties an opportunity to shape the policy and ensure that it delivers for communities.
Lord Stunell (LD)
I thank the noble Earl for giving way. He has perhaps got the cart in front of the horse there. My amendment refers to neighbourhood plans which are in force. It seeks to make sure the decisions the public take on all the issues that he has just outlined as being highly desirable—those which have completed and formed a neighbourhood plan—are not then subject to a further random challenge from a particular street vote. It is not a question of the preparation of a neighbourhood plan; my amendment would not apply in that situation.
Earl Howe (Con)
I take the noble Lord’s point. This highlights again how important it will be to ensure that the results of the consultation reflect issues such as those the noble Lord has raised. It may be that the general feeling is to go along the road the noble Lord has suggested. I do not want to pre-empt the consultation result in that sense, but let me reflect further on what he has said. Again, I will be happy to write to him if I have further wisdom to impart at this stage.
I can understand the reasons for tabling Amendment 254, in the name of the noble Baroness, Lady Hayman, to which the noble Baroness, Lady Taylor, spoke. I do not, however, agree that it is necessary. As a general point, biodiversity net gain will be an important point of the planning system going forward. It will ensure biodiversity must be enhanced when new development occurs and habitats will be impacted. Having said that, my colleagues at Defra have recently published the Government’s response to their consultation on the implementation of biodiversity net gain—BNG. This response makes clear that certain types of development will be exempt from BNG requirements.
The powers in the Bill require regulations to specify the development which can be consented to through a street vote development order. We are likely to use those powers to specify a range of development, from more minor developments such as roof extensions to more extensive development. In line with the wider policy approach, it is therefore likely to be appropriate to exempt some forms of street vote development from BNG requirements. That is why we are seeking the power in the Bill to both modify and exclude BNG provisions under Schedule 7A.
The noble Baroness asked in particular about conservation areas, and I will touch on that. I recognise the important role that conservation areas play in protecting local heritage. Proposals for street vote development orders will be independently examined against a set of prescribed requirements. The importance of local heritage will be taken into account in the design of these requirements. In addition, street vote development orders cannot be used to consent to the development of listed buildings and scheduled monuments.
The noble Baroness, Lady Pinnock, asked about infrastructure and perhaps I could reply to her in this particular context. We recognise that improvements to local infrastructure may be needed to support street vote development. Where street vote development takes place, local authorities will be able to secure value from the new development by charging a specific community infrastructure levy rate targeted at street vote development. This will ensure that value generated by the street vote development can be captured and used to secure infrastructure and affordable housing that will support the local area.
I turn briefly to the issue of whether it is appropriate to seek a delegated power in this case. As Defra’s recently published implementation plans make clear, much of the detailed implementation for biodiversity net gain will be set out in secondary legislation. It is therefore also appropriate to set out the biodiversity net gain arrangements for street vote development orders in secondary legislation to ensure that the systems work in harmony.
I can understand the reasons for tabling Amendment 257 in the name of the noble Baroness; however, I do not agree it is required. Clause 100(3) of the Bill allows for local authorities to expedite the procedure for setting community infrastructure levy rates for street vote development where local authorities do not have immediate plans to update or introduce CIL rates within their authority.
Baroness Taylor of Stevenage (Lab)
The noble Earl has mentioned, a couple of times now, independent examination of street voting. Does that mean the idea is that we will have a whole new round of public inquiry processes for every street vote that is introduced?
Earl Howe (Con)
No, it most certainly does not. Our intention is to appoint the Planning Inspectorate to examine proposals and make the street vote development orders on behalf of the Secretary of State.
Lord Stunell (LD)
I wonder if I could help the noble Earl. For neighbourhood plans, there is an independent examiner who is not actually drawn from the inspectorate but obviously has to be a qualified professional person of independent standing according to an agreed register. I would have thought that, bearing in mind that is a task that is bringing forward a significant number of neighbourhood plans each year and the Government intend to bring forward more, there would be a substantial multiplier effect if street votes go ahead. So the pool of independent examiners may have to be deepened and widened somewhat beyond the Planning Inspectorate if he intends to proceed.
Earl Howe (Con)
That is a helpful suggestion, which I am happy to feed in.
On Amendments 252 and 253, in the name of the noble Baroness, the Government recognise that leaseholders will often have an interest in proposals for street vote development. Leaseholders will be able to be part of a group that can bring forward a proposal for a street vote development order if they are registered to vote in a local council election at an address in the street area on a prescribed date. If a proposal passes examination, a referendum will be held on it. Subject to the outcome of consultation, the Government envisage making a provision so that individuals, including leaseholders, who are registered to vote in the local council election at an address in the street area, as well as commercial rate payers there, will be eligible to vote. Again, we intend to consult on this proposal and on our proposals for referendum approval thresholds as part of a wider consultation on the detail of the measure.
Baroness Pinnock (LD)
I apologise. The noble Earl said that commercial developments in an area would have a vote, but how would they be on the electoral roll? Clause 99 says they would be.
Earl Howe (Con)
It is not that businesses would be on the electoral roll. If I misspoke, what I meant to say was that residents who are registered to vote in a local council election at an address in the street area on a prescribed date will be eligible to vote as part of this arrangement, as well as commercial rate payers in the area.
Baroness Pinnock (LD)
So could Tesco, for instance, have a vote, if there was a little Tesco Express on the street?
Earl Howe (Con)
The intention is that, if there is a commercial business paying commercial business rates, it should be allowed a voice in this process.
Earl Howe (Con)
Yes, and consultation.
Before I speak to the government amendments, I will turn to Amendments 255 and 256, also in the name of the noble Baroness, which deal broadly with issues of propriety. I recognise the valuable expertise that organisations like the Association of Electoral Administrators can bring, but I do not agree with the noble Baroness that it is necessary to place a statutory duty on the Secretary of State to engage with them. As part of our work to develop the detail of the street votes policy for regulations, we will seek a wide range of views, as I mentioned earlier, from organisations such as the Association of Electoral Administrators and the Society of Local Authority Chief Executives to help us to get the secondary legislation right and to ensure that the policy operates effectively. However, it is right that the Secretary of State will be required to consult the Electoral Commission, given its important statutory role to ensure free and fair elections and polls.
Baroness Taylor of Stevenage (Lab)
I hear what the noble Earl is saying. In that respect, our amendment was more to seek the views of the Association of Electoral Administrators about the level of pressure that might be put on those groups—I made this point on planning teams earlier—if they were involved in a number of different referenda in their areas at the same time, for example. These can come out of the blue—we would not know when—so there are issues around how they are resourced to deal with that kind of uncertainty in their workloads.
Two big questions have come out what the noble Earl has said. First, as the noble Lord, Lord Stunell, said, it seems that we are going to have a whole new inspectorate. We had a light-hearted suggestion that it might be called “Ofstreet”, but that is for later determination. Who is going to pay for that inspectorate? Secondly, there is the issue of referendums. Referendums can be quite expensive—we have done them on parking issues in my borough. It costs quite a lot of money because you have to be very careful about how they are done to make sure they are fair. Who pays for those?
Earl Howe (Con)
My Lords, if I may say so, that is a very helpful intervention from the noble Baroness. She raises a number of key points, some of which will no doubt be covered in the consultation, but if I can expand on that I will be happy to write to her.
On Amendment 256, I would like to make it clear that the Government take the potential for conflicts of interest seriously. I am however confident that local authorities and the Planning Inspectorate, both of which we envisage having an important role in the street vote process, have appropriate safeguards in place to minimise conflicts of interest. It is a matter for local authorities to determine their own conflict of interest policies. I have every confidence that all local authorities treat conflicts of interest seriously and have robust procedures in place for both their members and officers. It would not be proportionate to legislate that local authorities publish guidance on managing conflicts of interest specifically on street votes, although no local authority would be prohibited from doing so if they so wished.
Our intention is to appoint the Planning Inspectorate to examine proposals and make street vote development orders on behalf of the Secretary of State. As the independent examiner, the Planning Inspectorate has its own conflicts of interest policy to support the proper and efficient allocation of work. In addition, chartered town planners, who may support residents in preparing proposals, are bound by the Royal Town Planning Institute’s code of professional conduct. This includes provisions to declare and avoid conflicts of interest.
I turn briefly to the government amendments in this group. The Government are committed to ensuring that street vote development is subject to the same principles in relation to environmental impact assessment as development enabled by other routes to planning permission. This is consistent with the Government’s commitment on non-regression of environmental protections. Without amending the Bill, it would be unclear for qualifying groups and relevant bodies how the EIA requirements would apply to street vote development. Amendments 257A, 504H, 504I, 504J and 509A allow for the Secretary of State to make regulations modifying the existing process under the EIA regulations so they operate effectively for street vote development orders. Where development that is consented under a street vote development order is EIA development, it will continue to be prohibited unless an assessment has been carried out and the environmental impacts are considered when making the order. Amendments 248A, 256A and 258A make technical and consequential provision to the Town and Country Planning Act, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Elections Act 2022. These minor changes to these Acts—
Lord Stunell (LD)
I thank the noble Earl for giving way—I realise he has a mammoth task this afternoon. Amendment 258A introduces a new schedule to the Bill. It appears to be five pages long, which raises the total text to some 15 pages. I wonder whether he could say a little bit more about that schedule and what it is attempting to achieve. I am looking at paragraph 1(7), which is obviously difficult to interpret because it inserts bits into other legislation. Maybe he would like to write to me about this. Really quite important stuff is being parachuted into the Bill, on top of all the uncertainty we have been discussing. I wonder whether he would like to sketch in how the new schedule, which I suppose is going to renumbered as Schedule 8, fits into the general structure of this clause.
Earl Howe (Con)
I appreciate the noble Lord’s question and his interest in that amendment; I understand why he felt he should have asked the question. My advice is that, despite its size, this additional schedule represents a minor and technical change, which is necessary to ensure the effective operation of the street votes process and to ensure that it is integrated into the wider planning system. However, I am happy to write to him with further and better particulars.
I hope that the Committee will feel more comfortable with the provisions as I have explained them, and that the government amendments will be accepted when they are reached.
Baroness Pinnock (LD)
Near the beginning of my speech, I asked the Minister if he would be able to define a street. Could he do so now?
Earl Howe (Con)
I am so sorry I omitted to reply to the noble Baroness; I will write to her. It is a question I ask officials myself. It is an issue which will be decided in the consultation because, as she rightly said, there will be instances where a street, as such, does not exist. For example, you might have a small community of houses where the owners or residents may wish to apply under this procedure. In short, this is an issue to be determined under the consultation.
Lord Young of Cookham (Con)
My Lords, the hour is late, and we are less than half way through the targeted groups for the day, so I will be as brief as I can in winding up this fairly lengthy debate. I note that all those who spoke to their amendments had at some point held elective office, either as councillors or in other place—and, in some cases, both. That may explain the lukewarm—I think that is the best adjective I can use—reception for this proposal. The conclusion I draw from this is that the role of a think tank is to think and to come up with radical policies; the role of government is not to fast-track those into primary legislation but to subject them to critical scrutiny and consultation, and then progress to the next stage. The more I listened to the debate, and the more I heard my noble friend the Minister use the word “consultation”, the more I have come to the conclusion that, while I said in my opening speech that this was a policy in the process of gestation, it is in fact the size of a pinhead, as far as I can see, when it comes to movement towards delivery.
I will now pick up some of the points raised. The noble Baroness, Lady Taylor, struck a note of caution about the policy and agreed with me that it was okay to have street votes as a process of feeding into the formulation of a district plan, but she wanted more clarity and asked for assurances about conservation areas for which an assurance was not given. She asked relevant questions about the role of tenants, voting thresholds and declaration of interests. As I understand it, a short-term tenant will have a vote, but the owner, who is not in the property at the moment, will not. There are a lot of issues behind entitlement to vote, which I will come to a moment.
I suspect that the noble Lord, Lord Stunell, was a Minister in the DCLG in 2010, when the Prescott policy of not-so-gentle densification was overturned—his head is stationary, so I do not know whether he was or not; now it has moved vertically, indicating that he was indeed in the department then. He made the point—I will come to it in a moment—about the priority of the neighbourhood plan. One of the worrying things that my noble friend the Minister said in his reply was that, where a neighbourhood has gone through the whole process of consultation, and has developed and had approved a neighbourhood plan, and then within that neighbourhood a street comes up with a proposal which is in conflict with it, the street vote has priority because my noble friend was unable to accept the amendment.
The same applies to my amendment. When one has gone through the whole process of formulating a district plan, residents throughout the district feel confident in the outcome. They then find that it can be overturned by a street vote. The noble Baroness, Lady Pinnock, again highlighted the potential for neighbourhood conflict, which is one of the things that really worries me about this. I am grateful to my noble friend the Minister, whose patience and tolerance have been extended to the extreme over the past hour and a half. I note that he did not reply to the points that I made about the DPRR report, which made some scathing criticisms and suggested that whole sections of this Bill should be removed. Nor did he indicate when the Government might reply to that report.
My noble friend said that the street vote could go ahead with the support of residents, but we do not know what is meant by “support” or “residents”. As I read it, there will have to be an assessor; it will have to go through a process. My understanding is that an inspector—probably from the Planning Inspectorate—would be appointed to assess it. We did not get an answer to the question of who pays for the PINS inspector who is going to assess the proposal. The ratepayers will have a vote, but it is not quite clear who will exercise that vote on behalf of the business. If there is one very small business and one huge business, do they both have one vote? Who exercises it?
The conclusion that I draw from this is that the best thing for the Government to do is to drop this clause. Frankly, the Bill is far too long; this is not urgent; there is no great demand for it. That was quite clear from what my noble friend said whenever he was asked a question: “This is subject to consultation”. We should have had the consultation before we had the legislation. Although I will withdraw my amendment, I suspect that if I did not, I would win the vote quite comfortably on the basis of the exchanges that we have had so far. In the meantime, however, I thank all noble Lords, and particularly my noble friend. I beg leave to withdraw my amendment.
Baroness Scott of Bybrook
“(i) an Authority election, where any part of the street area to which the street vote development order would relate is within the City of London, or(ii) an election of councillors of any relevant council (other than the City of London) any part of whose area is within the street area to which the street vote development order would relate,”Member's explanatory statement
This amendment amends the conditions for an individual to be part of a “qualifying group” for the purposes of new section 61QB of the Town and Country Planning Act 1990 (as inserted by clause 99), to remove the overlap in cases where any part of the street area to which the street vote development order would relate is within the City of London (which is also a “relevant council” for the purposes of the 1990 Act).
Baroness Scott of Bybrook
“(3) Schedule (Street votes: minor and consequential amendments) contains minor and consequential amendments in connection with this section.”Member's explanatory statement
This amendment introduces a new Schedule which makes minor and consequential amendments in connection with Clause 99 (street votes).
Baroness Scott of Bybrook
“Street votes: modifications of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017The Secretary of State may by regulations make provision modifying the application of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/517) in relation to the grant of planning permission by a street vote development order.”Member's explanatory statement
This amendment provides a power to modify the application of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 in relation to the grant of planning permission by a street vote development order.
Lord Lansley (Con)
My Lords, I am glad to follow the noble Lord, Lord Berkeley. Before we hear from my noble friend, I want to say that Section 293 of the Town and Country Planning Act 1990 defines what is Crown land and goes on to make it clear what is an appropriate authority for the purposes of what is being introduced in Section 293B, down to and including,
“in relation to Westminster Hall and the Chapel of St Mary Undercroft … the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly”
being the appropriate authority.
I want to ask my noble friend about something because I simply do not understand it. There is an existing Section 293A, which as it stands is called “Urgent Crown development: application”; it has almost the same name as new Section 293B. I completely understand that the existing legislation does not appear to include all the provisions relating to how the Secretary of State deals with such an application and how the Secretary of State might give permission, so it is probably defective. But then I do not understand why all this is being added in and Section 293A is not being repealed. Perhaps my noble friend can explain that to me.
Earl Howe (Con)
My Lords, looking first at this clause as a totality, I will begin by explaining briefly the purpose of the proposed measure. The purpose of Clause 101 is to update the existing provisions for development by the Crown that is of national importance and required urgently by providing a new, faster, more effective and efficient route for seeking planning permission. It also provides a new route for nationally important development that is not urgent. The objective of these reforms is to ensure that planning decisions can be made in a timely and proportionate way on development that is of national importance and is promoted by the Crown.
Let me banish what I have perceived from this debate is a misconception. A special urgency procedure for urgent and nationally important Crown development has existed in legislation for many years. The purpose of the clause is to update this route so it can be used more effectively to deal with urgent national crises and supplement it with a new route for making a planning decision for non-urgent planned Crown development which is of national importance.
The Government believe that, where a Crown development is of genuine national significance, the Secretary of State, who is democratically accountable to Parliament, should be able to make a planning decision rather than an individual local planning authority answerable to its local community. The Secretary of State is best placed to take a national, balanced and impartial view of the need for development.
Let me explain that nationally important but non-urgent applications will still be considered against the plan-led approach we advocate through the Bill, and local communities will be given their opportunity to give their views and have these taken into account. Again, there is precedent for this type of approach within Section 62A of the Town and Country Planning Act, where planning applications can be submitted directly to the Secretary of State. It is thought that this route would be suitable for development such as new prisons and extensions to the defence estate.
All sorts of hares have been set running on this provision, and it is most important for me to emphasise that the urgent route that we are introducing would be used sparingly where—and only where—it can be demonstrated that development is needed urgently and is nationally important. Those are high bars, but the route could, for example, be used for development needed on Crown land to develop medical centres in the event of a pandemic. Such development will need to be operational in a matter of weeks so decisions can be made very quickly. Other examples could include accommodation needed urgently in the event of a future influx of refugees, or military training facilities.
I was grateful to my noble friend Lord Hodgson for at least part of what he said, if not for all of it. Press reports have been misleading on the issue of housing illegal migrants. As I have said, the power can be used only for Crown development which is of both national importance and needed urgently. As I have said, this is a high bar, and Crown bodies making an application will need to justify that using this route is appropriate.
This does not concern any situation that we may currently be facing on illegal migrants. In the first place, it is worth bearing in mind that this power will not take effect straightaway, contrary to reports in the press. The Bill needs to finish its passage through Parliament and then we will need to lay regulations and produce guidance before this can properly be brought into force. That will take time. To this end, it may not be a suitable route for the immediate issue of housing of migrants to address the current immigration backlogs. In the case of asylum accommodation on MoD bases, it will be for the Home Secretary to decide whether to bring forward an application when the powers are in place.
We recognise that the procedure for this urgent route is not the same as the more commonly known statutory procedure for determining planning applications. It is therefore, I say again, a route that will be used sparingly. I say to the noble Earl, Lord Lytton, that those promoting the development must clearly demonstrate that there is an urgent need for the development, that timely decisions cannot be delivered by other planning routes and that it is therefore in the wider public interest that the planning decision is accelerated using the new procedure.
Baroness Taylor of Stevenage (Lab)
My Lords, I thank my noble friend Lord Berkeley for once again using his very detailed, particular knowledge and expertise of issues around the Isles of Scilly and Cornwall. As ever, we are grateful to him for speaking up for those communities. The question he asks is an important one: why should anybody be exempt from proposals in this Bill, never mind the Duchy of Cornwall?
I will start with Amendment 504GJI on leasehold. We have had long and protracted discussions around leasehold in the course of discussions on this Bill previously. My noble friend Lord Berkeley referred to the Law Commission report on leasehold and the recommendations that people should be able to buy out freehold. I cannot see any reason that Law Commission report has not been acted on, and I hope the Minister will be able to enlighten us about that.
Certainly, it does not seem to us that there should be exemptions that sit outside of that for any reason. If the Law Commission has looked closely at the rationale for the exemptions that were put forward by the Duchy and not found those to be reasonable, it seems that the Government should treat the Duchy of Cornwall in the same way as they treat everybody else. As we have heard the Secretary of State say number of times now, if the Government intend to end the feudal leasehold system, will the Duchy of Cornwall be exempt from that, too, or will the Duchy of Cornwall’s properties be included in that legislation? If the Minister cannot provide the answer today, I am happy to take an answer in writing to that question.
My noble friend Lord Berkeley was kind enough to provide information about the issue related to the Isles of Scilly steamship company to us in advance of today’s session, and the point that he makes is a very valid one. For the communities on the Isles of Scilly, this really is an issue of levelling up. He has given us information on the very steep fare increases on that steamship company, and I understand the fare is now some £89. People on the Isles of Scilly will need to use that service. Their choice is either to travel by air, which we do not want to encourage, or to use this steamship company. A strange situation has developed here; it is a situation that I wish I had had in my borough, where when you find you have to go into competition to deliver something if you use government funding, you suddenly find, after 10 years of asking for government money, that the money has appeared miraculously. That does seem a very strange situation. There needs to be close attention to the way these issues are treated. They are issues of levelling up, because communities on the Isles of Scilly want to know they are being treated in the same way as other communities in the United Kingdom. I support my noble friend Lord Berkeley’s amendment.
Earl Howe (Con)
My Lords, I will start by addressing Amendment 258 and then move on to Amendment 504GJI, tabled by the noble Lord, Lord Berkeley. Amendment 258 would remove land in the Duchy of Cornwall from the definition of “Crown land”, as part of planning law. The noble Lord asked what the definition of “Crown land” was, and I apologise for not answering him in the previous debate. It is set out in Section 293 of the Town and Country Planning Act 1990, as my noble friend Lord Lansley rightly indicated in the last debate. It is, broadly, land in which there is a Crown or a Duchy interest—I shall expand on that in a second. I appreciate that the noble Lord tabled a number of Private Member’s Bills concerning the treatment of the Crown and the Duchy of Cornwall, and I admire his tenacity in this regard.
For the benefit of the Committee, I will set out some factual and historical background. For a long time, the Crown was not subject to planning control, but, in 2006, provisions within the Planning and Compulsory Purchase Act 2004 made it subject to planning permission, subject to special modifications. These recognise not only the unique nature of operational Crown land—prisons and military bases, for example—but the uniqueness and importance of the royal estates.
It is important first to understand the complex status of the Duchy of Cornwall. The title “Duke of Cornwall” and the inheritance of the Duchy were created in 1337 by a charter that carries the authority of an Act of Parliament. By virtue of that charter, the Duchy vests in the eldest son of the sovereign, also being heir apparent. Where there is no son and heir, the estate reverts to the Crown. Craies on Legislation notes:
“That is why … the Crown’s prerogative attaches to the lands of the Duchy of Cornwall, for the reason that they never entirely cease to be Crown lands”.
In short, there is always the possibility of the Duchy reverting to the sovereign, as his or her property. For this reason, the Duchy never entirely ceases to be Crown lands. For example, in recent times, King George VI had no son, so, on his accession, there was no Duke of Cornwall and the Duchy remained with King George VI.
Removing the Duchy of Cornwall from the definition of “Crown land” within Section 293 of the Town and Country Planning Act risks disrupting this well-established constitutional arrangement. This could open widespread implications for not just planning but how the Duchy is treated in law more widely. I have enormous respect for the noble Lord, but I am not sure that it is appropriate to open up this debate as part of the Bill. From his previous experience, he will appreciate that it would not be right for a single individual or party to seek to change the law on the way the Duchy of Cornwall is treated. If that is done at all, it has to be done with cross-party support. In addition, a Bill affecting the Duchy requires the King’s consent and sometimes also the Prince’s consent. For the reasons I set out, the Government have no intention to change the definitions of “Crown land” at this time, especially where this concerns changes that could affect His Majesty’s hereditary rights.
Amendment 504GJI addresses the impact that recommendations in the Law Commission’s 2020 report on enfranchisement would have on the Government’s levelling-up and regeneration objectives, including for leaseholders on land owned by the Duchy of Cornwall. The Government are committed to making it easier and cheaper for leaseholders to purchase their freeholds and extend their leases, and we are grateful to the Law Commission for its detailed report on enfranchisement reform. This report addressed a range of matters relating to the qualifying criteria for enfranchisement and lease extensions, including the applicability of these to leaseholders of the Crown, the Duchy of Cornwall and the Duchy of Lancaster. In January 2022, the Government consulted on Law Commission proposals that would improve access to enfranchisement and the right to manage. I am sure that the noble Lord will appreciate that this is a long-term and complex reform programme with many interdependencies, and it will take time to get the detail right. Once it is enacted, the effect will be felt for generations, so we are determined that this work consider all the implications with care.
Baroness Scott of Bybrook
“ScheduleStreet votes: minor and consequential amendmentsTown and Country Planning Act 1990
1 (1) TCPA 1990 is amended as follows.(2) In section 5 (the Broads), in subsection (3), for “61Q” substitute “61QM”.(3) In section 56 (time when development begun), in subsection (3)—(a) after “(7),” insert “61QI(8),”;(b) for “108(3E)(c)(i)” substitute “, 108(3E)(c)(i), 108(3DB)(c)(i)”.(4) In section 57 (planning permission required for development), in subsection (3), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.(5) In section 58 (granting of planning permission: general), in subsection (1)(a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.(6) In section 62 (applications for planning permission or permission in principle), in subsection (2A)—(a) at the end of paragraph (a) omit “and”;(b) after paragraph (b) insert “, and(c) applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).”(7) In section 65 (notice of applications for planning permission or permission in principle), in subsection (3A)—(a) at the end of paragraph (a) omit “and”;(b) after paragraph (b) insert “, and(c) any application for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1) or any applicant for such consent, agreement or approval.”(8) In section 69 (register of applications etc)—(a) after subsection (1)(cza) insert—“(czb) street vote development orders or proposals for such orders;”;(b) in subsection (2)(b), after “Mayoral development order,” insert “street vote development order or proposal for such an order,”.(9) In section 71 (consultations in connection with determinations under section 70), in subsection (2ZA)—(a) at the end of paragraph (a) omit “and”;(b) after paragraph (b) insert “, and (c) an application for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).”(10) In section 74 (directions etc as to method of dealing with applications), in subsection (1ZA)—(a) in paragraph (a)—(i) at the end of sub-paragraph (i) omit “and”;(ii) after sub-paragraph (ii) insert—“(iii) a consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1), and”;(b) in paragraph (b)—(i) at the end of sub-paragraph (i) omit “and”;(ii) after sub-paragraph (ii) insert “, and“(iii) applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).”.(11) In section 77 (reference of applications to Secretary of State), in subsection (1), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.(12) In section 78 (right to appeal), in subsection (1)(c), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.(13) In section 88 (planning permission for development in enterprise zones), in subsection (9), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.(14) In section 91 (general condition limiting duration of planning permission), in subsection (4)(a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.(15) In section 94 (termination of planning permission by reference to time limit: completion notices), in subsection (1), after paragraph (d) insert “; or(e) a planning permission under a street vote development order is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed.”(16) In section 108 (compensation)—(a) in the heading, for “or neighbourhood development order” substitute “, neighbourhood development order or street vote development order”;(b) in subsection (1)—(i) in paragraph (a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”;(ii) in the words after paragraph (b), for “or the neighbourhood development order” substitute “, the neighbourhood development order or the street vote development order”;(c) in subsection (2), for “or a neighbourhood development order” substitute “ , a neighbourhood development order or a street vote development order”;(d) in subsection (3B)—(i) in paragraph (ba), at the end omit “or”; (ii) after that paragraph insert—“(bb) in the case of planning permission granted by a street vote development order, the condition in subsection (3DB) is met, or”;(e) after subsection (3DA) insert—“(3DB) The condition referred to in subsection (3B)(bb) is that—(a) the planning permission is withdrawn by the revocation or modification of the street vote development order,(b) notice of the revocation or modification was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation or modification took effect, and(c) either—(i) the development authorised by the street vote development order had not begun before the notice was published, or(ii) section 61QI(8) applies in relation to the development.”(17) In section 109 (apportionment of compensation for depreciation), in subsection (6), in the definition of “relevant planning decision”, for “or the neighbourhood development order” substitute “, the neighbourhood development order or the street vote development order”.(18) In section 171H (temporary stop notice: compensation), in subsection (1)(a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.(19) In section 264 (cases in which land is to be treated as not being operational land), in subsection (5)(ca), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.(20) In section 324 (rights of entry), in subsection (1A)—(a) the words from “the reference” to the end become paragraph (a);(b) after that paragraph insert “, and(b) the reference to a proposal by the Secretary of State to make any order under Part 3 includes a reference to a proposal submitted (or to be submitted) to the Secretary of State for the making of a street vote development order.”(21) In section 333 (regulations and orders)—(a) after subsection (3) insert—“(3ZZA) Subsection (3) does not apply to a statutory instrument containing regulations made under any of sections 61QB to 61QJ or section 61QL if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”;(b) after subsection (3ZA) insert—“(3ZZAA) No regulations may be made under section 61QC(3), 61QH(2) or 61QI(5) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.”(22) In Schedule 1 (local planning authorities: distribution of functions), in paragraph 6A, at the end insert “or any of sections 61QA to 61QM (street vote development orders)”.Planning (Listed Buildings and Conservation Areas) Act 1990
2 (1) The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows. (2) In section 66 (general duty as respects listed buildings in exercise of planning functions), in subsection (4), after “orders” insert “or street vote development orders (except as provided by SVDO regulations within the meaning given by section 61QM of the principal Act)”.(3) In section 72 (general duty as respects conservation areas in exercise of planning functions), in subsection (4), after “orders” insert “or street vote development orders (except as provided by SVDO regulations within the meaning given by section 61QM of the principal Act)”.Elections Act 2022
3 In section 34 of the Elections Act 2022 (campaigners), in subsection (6), in the definition of “local referendum”, after paragraph (d) insert—“(e) section 61QE of the Town and Country Planning Act 1990 (referendums on street vote development orders);”.The Conservation of Habitats and Species Regulations 2017
4 (1) The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) are amended as follows.(2) In regulation 75 (general development orders)—(a) in the heading, after “orders” insert “and street vote development orders”;(b) in the opening words, after “2017” insert “or a street vote development order”.(3) In regulation 76 (opinion of appropriate nature conservation body)—(a) in the heading, after “orders” insert “and street vote development orders”;(b) in paragraph (1), after “order” insert “or a street vote development order”;(c) in paragraph (6), after “order” insert “or a street vote development order”.(4) In regulation 77 (approval of local planning authority), in the heading, after “orders” insert “and street vote development orders”.(5) In regulation 78 (supplementary)—(a) in the heading, after “orders” insert “and street vote development orders”;(b) in paragraph (3)(b), after “order” insert “or development order”.(6) In regulation 85B (assumptions to be made about nutrient pollution standards)—(a) in the heading, after “orders” insert “and street vote development orders”;(b) in paragraph (1)(a) after “orders” insert “and street vote development orders”.”Member's explanatory statement
This amendment inserts a new Schedule which makes minor and consequential amendments in connection with clause 99 (street votes).
Lord Stunell (LD)
I just want to briefly say that I very strongly support the plea put in by my noble friend in relation to a rural strategy. I am also interested to understand the Minister’s response to the queries that the noble Baroness on the Labour Front Bench has raised about subsection (7); it requires some further explanation. I wait to see what the Government’s amendments look like. With that, I am happy to sit down and let proceedings continue.
Baroness Scott of Bybrook (Con)
Amendment 258B tabled by my noble friend Lord Lansley touches on the very specific matter of drop-in applications—not a legal term but one that is used a lot in planning circles. I know he will be well-versed in these matters, and I am grateful to him for exposing me to such technical but none the less important aspects of the planning process at this time of night. I thank my noble friend.
As we have heard, this amendment has been brought forward in response to the judgment handed down last year by the Supreme Court on Hillside Parks Ltd v Snowdonia National Park Authority. My noble friend has given much more detail, but this case considered how far new planning permissions for development that would affect existing planning permissions make these earlier planning permissions unlawful to complete.
I would like to assure my noble friend that my department is already engaging with the development sector to understand the implications of the Hillside judgment for existing and future development practices. As he will know, the matter of drop-in permissions whereby a developer seeks a separate, new permission to overlap part of an existing planning consent has been highlighted as a concern, particularly given their role in supporting the delivery of large-scale developments, which can take several years to build out.
I recognise that the intent of my noble friend’s amendment is to provide legal clarity about the validity of existing planning permissions where a new, overlapping permission is brought forward. However, I must stress that the case law in this area is now quite clear that, unless expressly severable, an existing permission must be interpreted as an integrated whole, and that where a new, overlapping permission comes forward that materially departs from that earlier permission, such that it is impossible to deliver that earlier development, it would be unlawful to carry out further works under that earlier permission. Of course, where the existing permission is clearly severable, or where a new, overlapping permission is not material, it will still be possible for developers to make a drop-in application.
New Section 73B, as introduced by Clause 102, provides for a new, alternative way to make amendments to development proposals and enables minor variations to be made to existing planning permissions. This will allow for changes to be made to existing development proposals, such as to the descriptor plans or conditions, accounting for any amendments already made, providing that the cumulative effect of those amendments does not represent a substantial difference to the original permission. It will be for the local planning authority, in exercising its planning judgment, to decide what constitutes a substantial difference on a case-by-case basis. We anticipate, therefore, that the new Section 73B will provide an alternative route for making changes for many large-scale developments, rather than them having to rely on drop-in applications. We will continue to work closely with the sector to consider whether more guidance about varying permissions would be helpful, and I would be very happy to discuss this further with officials and my noble friend if he would find that useful. With that assurance, I ask my noble friend to withdraw his amendment.
Amendment 259 tabled by the noble Baroness, Lady Taylor of Stevenage, and moved by the noble Baroness, Lady Hayman of Ullock, is intended to probe the purpose of new subsection (7) in Clause 102. This amendment was also tabled in the other place, with the concern that the provisions as drafted would require applications under new Section 73B to be considered in accordance with the framework in place at the time of the original grant of planning permission. New subsection (7) requires that the local planning authority limits its consideration only to the difference in effect that could arise between the original permission and any subsequent grants to vary or remove conditions under Section 73 or the new route, as a result of granting planning permission under the new route.
Lord Foster of Bath (LD)
I apologise for intervening at this late hour. On that point, since the Minister has promised she is going to write to people and has just said very clearly, on the record, that she shares the importance of economic development in rural areas, and given that I asked at Second Reading for evidence that the levelling up Bill had gone through the rural-proofing process, would she be kind enough to include in that letter details of how that process was carried out in relation to this Bill, because frankly, many of us think there is very little evidence of that?
Baroness Scott of Bybrook (Con)
I will certainly reflect on that question and see what we can do.
I thank the noble Lord, Lord Carrington, for his amendments, and I appreciate his concerns on a matter, which is close to his heart and to the heart of the noble Baroness opposite. While I support the intentions to lend further support to our rural economy, unfortunately I cannot accept this amendment, as it will not have the intended effect, and we believe it is unnecessary.
The permission in principle consent route is an alternative way of obtaining planning permission for certain housing-led development. When a proposed development is under consideration, it separates the matter of principle away from technical details. Our national planning policy framework strongly supports policies and decisions to promote sustainable development in rural areas. In particular, it states that to support a prosperous rural economy, local plans, neighbourhood plans and decisions should enable the development and diversification of agriculture and other land-based rural businesses.
Additionally, as set out in Section 58A of the Town and Country Planning Act, any economic development coming forward through permission in principle would have to be predominantly for housing development. Provision already exists to allow local planning authorities to grant permission in principle for economic development related to residential schemes within rural areas. Section 5A of the Town and Country Planning (Permission in Principle) Order 2017 also enables local planning authorities to grant permission in principle to any non-housing development if it is associated with residential development, and where the scale of the development and the use to which it may be put is specified.
I am aware that permission in principle is often used to test the principle of housing development within rural areas, rather than applicants going through the conventional planning application route, and these are assessed with our National Planning Policy in mind. It is a valuable tool in this respect, and I hope this provides reassurances to the noble Lord and the noble Baroness, and accordingly that she will withdraw his amendment on his behalf.
I turn now to Amendment 282, tabled by the noble Baroness, Lady Taylor of Stevenage, and put forward by the noble Baroness, Lady Hayman of Ullock, on the speeding up of the planning system. There are around 400,000 planning applications every year. The Government have heard many representations that the planning application process is too slow and inaccessible for some users—notably those without the expertise, such as everyday people. It therefore requires improvement and modernisation. The powers being brought forward in Clause 116 enable the Government to apply a more consistent, streamlined and digitally enabled approach to the way in which the applications are made, making it easier for everyday people to submit a planning application. This will also make planning data more accessible. My department is already working with local authorities to tackle the very issue that this amendment raises, working collaboratively with the local authorities through the Open Digital Planning project, which aims to increase efficiencies in the development management process through creating modern development management software. Local authorities using the software that we are trialling have seen an estimated 35% time saving in the pre-validation process, when an application is first submitted, and post-validation, when the process is to reach a decision.
Before enacting these powers, we will fully engage with the local planning authorities and the sector as a whole; given that one of the core aims of this power is to streamline the process, we will of course consider the impact on speed of decision-making. While I support the intention of this amendment, the Government are unable to support its inclusion and hope that the noble Baroness will not press it.
Lastly, government Amendments 260A and 260B provide for consequential amendments to Clause 102 to make consistent the legislation with respect to an application being made directly to the Secretary of State, in relation to new Section 73B and Section 73 of the Town and Country Planning Act 1990.
Lord Lansley (Con)
I am grateful to my noble friend, particularly for the opportunity to have further discussions with a view to coming back to this issue positively at Report. Drop-in permissions have played a significant part in enabling development to go ahead as people need it to do. The case law may now be clear, but it has become clear in the form in which it has developed only because there is no statutory basis for undertaking drop-in permissions in the way that they have been done for a number of years—and that is what we need to achieve. With her very kind response, I beg leave to withdraw Amendment 258B.
Baroness Scott of Bybrook
(a) in subsection (2),”Member's explanatory statement
This amendment paves the way for the second amendment in the Minister’s name to Clause 102.
Monday 24th April 2023
(1 year, 7 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-XI(a) Amendments for Committee (Supplementary to the Eleventh Marshalled List) - (24 Apr 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, Amendment 261 tabled by the noble Baroness, Lady Taylor of Stevenage, proposes two fundamental changes to Clause 104, which modernises the procedure for serving completion notices in England. While I appreciate the intention, I remind your Lordships that completion notices—when served by a local authority or the Secretary of State—must provide the recipient with an opportunity to complete development. It is a “use it or lose it” power. Removing this opportunity for the developer to use the permission, as this amendment does, raises the prospect that compensation from the loss of the permission will be necessary as it is a revocation of a planning permission. I believe this would make completion notices less appealing to local planning authorities.
The second proposed effect of the amendment relates to the removal of finished parts of a development where a site could not be completed in full. Local planning authorities already have the power to require the removal of unfinished developments by order under Section 102 of the Town and Country Planning Act 1990.
The noble Baroness, Lady Pinnock, brought up one or two important issues. In the clauses already in the LURB, we have introduced two further provisions to ensure a better buildout rate of planning permissions in this country. First, the Government will require housing developers to report annually to local authorities on their actual delivery of housing. This will enable them to identify where sites in their area are coming forward too slowly. It will also help to inform whether to sanction a developer for failure to build out their schemes promptly. Secondly, the Government have introduced a new power that will allow local planning authorities to decline to determine planning applications made by developers that failed to build out at a reasonable rate earlier permissions on any land in the authority’s area.
To strengthen the package further, we will publish data on developers of sites over a certain size in cases where they fail to build out according to their commitments. Developers will be required to explain how they propose to increase the diversity of housing tenures to maximise development schemes’ absorption rate, which is the rate at which homes are sold or occupied. The NPPF will highlight that delivery can be a material consideration in planning applications. This could mean that applications with trajectories that propose a slow delivery rate may be refused in certain circumstances. We will also consult on proposals to introduce a financial penalty against developers that are developing out too slowly.
I disagree with the noble Baroness, Lady Pinnock, on houses that are not what a particular local authority wants. I believe that is up to the local authority. If the local authority has a local plan saying that it needs specific types of housing in the area, it needs to make sure that the planning applications that go through will have that in them. Local authorities know their area best, so it is up to them to make sure that their local plan is up to date and reflects what is required.
Baroness Pinnock (LD)
I thank the Minister for the information she has provided about sanctions and so on. I wait to see how firm those sanctions are. On the issue of local planning authorities having the power, basically, to dictate to a commercial enterprise what is developed on a site that the commercial enterprise owns, I would love to hear what powers the LPA will have in that regard.
Baroness Scott of Bybrook (Con)
The whole system is designed, after the LUR Bill, to be plan led. Therefore, planning applications should be in accordance with, first, national policies and, as importantly, local policies. If local policies say that you need, for example, houses for older people or disabled people, one should be agreeing only those planning applications that have those types of tenure within the developments that are coming forward through planning. If the system is plan led, I would have thought that the inspector should stick to the locally produced plan. On that basis, I hope this reassures the noble Baroness opposite that Amendment 261 is not necessary.
Amendment 269, tabled by the noble Lord, Lord Best, seeks to ensure that the development of large housing sites—defined as sites of 500 or more dwellings or more than five hectares in size where the predominant use will be housing, or designated as a large housing site within a development plan—is diversified in such a way that it provides a mix of new housing that reflects local needs, including social housing, in line with a local authority’s local plan requirements and national development management policies. While we agree with the sentiment of this amendment, we believe that there are better ways of achieving its objectives. The Government are of the view that diversification is best achieved by making this a stronger material planning consideration in the assessment of any housing application, and by requiring a buildout and diversification statement in all prescribed applications. We believe that this is best achieved via a new national development management policy, as that can be applied more flexibly compared to legislation and therefore address the different planning circumstances and housing needs that occur across the country, and that such a measure should not necessarily be limited to larger housing sites.
That is why the Government announced in December 2022—as part of the consultation Levelling-up and Regeneration Bill: Reforms to National Planning Policy—that developers will be required to explain how they propose to increase the diversity of housing tenures to maximise a development scheme’s absorption rate, which is the rate at which homes are sold or occupied. We invited views on the design of this policy, which will help to inform our thinking as part of our fuller review of national planning policy later this year. In these circumstances, while I very much agree with the objective of this amendment, there is a better way to achieve it via national planning policy, and I believe that it should be applied to a greater range of housing sites. This will ensure faster buildout rates and the diversification of those housing sites.
Government Amendment 261A will amend Clause 105 to strengthen the existing powers and hold developers more to account for unreasonably slow delivery or non-implementation of planning permissions. Currently, Clause 105 gives local planning authorities the power to decline to determine planning applications made by a person connected to an earlier planning permission on that same land which was not begun or has been carried out at an unreasonably slow rate. This amendment will enable authorities to exercise the power where an applicant is connected to an earlier permission on any land in their area which has not begun or has been built out unreasonably slowly. This change will send the message to developers that local planning authorities, as well as the communities they serve, expect new residential developments to come forward at a reasonable rate before new planning permissions are considered. This amendment will give greater powers to local areas to tackle cases of slow buildout.
Lord Best (CB)
I am encouraged by the tone with which these issues are being approached. As regards the placing of penalties upon those who are not getting on with the job by refusing future applications from that firm, I can see some hazards here, not least if the delay is happening in one area and the applications for further schemes are somewhere completely different. Is this new power of withholding permission for new applications because you have been so slow in building out the ones you already have to be transferred from one local authority to another, or is it confined to a local authority acting only with regard to interests within its own boundaries?
Baroness Scott of Bybrook (Con)
I believe it is in one local authority, but I will check that. I will let the noble Lord know and make sure that everybody else in the Committee is aware.
Baroness Taylor of Stevenage (Lab)
I am grateful to noble Lords who have taken part in the debate and to the Minister for yet another thorough and thoughtful answer in response to the amendments.
When I moved my amendment last week, I said that I was pleased to see that the government amendment seemed to be complementary to my amendment, and therefore it was good to hear that some new steps are coming forward as regards placing some more requirements on developers in this respect. The Minister outlined some of those, such as publishing data on developers and diversity, the proposal on slow delivery and how it results in turn-downs, and financial penalties that we would be able to impose from local government, and so on. However, it would be good to see the details of those and how they are going to be incorporated. I assume they may go into the National Planning Policy Framework, but again, to echo the point we made several times, so far we have not seen that.
I remind noble Lords that the Local Government Association has said that it did not believe that “tangible powers” had been brought forward in the Bill to enable councillors to encourage developers to build out. I hear what the Minister said about secondary applications from those builders, but local authorities need powers to deal with current applications, where the buildout is slow too, so I hope some more thought might be given to that. The noble Lord, Lord Best, referred to the fact that builders may operate across different areas, which is a good point. However, if we take action on developers in the first instance, perhaps they will be encouraged not to go and apply elsewhere if they think that there will be action and that financial penalties will be imposed where they are too slow to build out.
I reiterate our strong support for Amendment 269 in the name of the noble Lord, Lord Best. On the issue of diversification in larger developments, I take the Minister’s point that that might also apply to other developments in terms of making sure they include all types of accommodation. We have had long debates in your Lordships’ House around supported accommodation, but it can also apply to student accommodation—I have a particular passion for social housing. That is important. I also wanted to make the point that those types of accommodation being requirements, whether it is through the local planning authority or as part of the National Planning Policy Framework, would also help encourage the development of specialist builders and help us to get a wider picture across the country with specialist builders who have great experience in developing for those particular areas.
The noble Baroness, Lady Pinnock, spoke about the viability issue, which I am sure has and will be the subject of discussions. On the Islington example she gave, those questions have arisen across the country. It is important we continue to debate that as part of the Bill, because I believe it is an opportunity to try to crack some of these issues around viability that we have been trying to wrestle with.
The noble Baroness, Lady Pinnock, gave examples of the huge failure to build out, which means that 2.8 million permissions have been granted since 2011 but only 1.6 million homes have been built. We desperately need those homes, so we need to do whatever we can to push that forward and end the delays in the system—from land banking but also from other issues.
I come back to the issue of diversification of property. If we are not going to have a proper diversification strategy built in, we need a proper definition of affordable housing, because the current definition just does not work; that has been a theme throughout discussion of the Bill. As the noble Lord, Lord Best, said, the affordable housing definition does not work for lots of people in our communities, as we have discussed many times in this House. For the moment, I beg leave to withdraw the amendment.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment enables a local planning authority to refuse to determine an application for planning permission in certain cases where there was a previous application relating to land within the authority’s area and the development was not begun or has been carried out unreasonably slowly. The current power in the Bill would only be available if the previous application related to all or part of the same land.
Baroness Hayman of Ullock (Lab)
My Lords, this has been an interesting debate; I thank the noble Baroness, Lady McIntosh of Pickering, for bringing it forward. I also thank the licensing committee and its members for their considerable work on this. Listening to the debate, one thing that comes over very clearly is that it is time to review the status and look at the current situation. As the noble Baroness, Lady McIntosh, said, we now have the change of use from office to residential space in town centres, and my noble friend talked about the many empty town centre premises. There will be a lot of change in ways that we have not seen before and new challenges, especially for the night-time economy, as has been discussed.
As I said, the agent of change principle has been with us for some years now, which, again, is why it is time to look at this. We know that it is in the National Planning Policy Framework, but what strikes me from the debate is the question of whether it is fit for purpose. I have a number of questions for the Minister following on from this. Is the agent of change principle having a meaningful impact at the moment? Does the licensing guidance reflect the principles in the NPPF itself? We need to ensure that the NPPF is fit for purpose, as well as the agent of change principle within it. The question on my mind is: will the NPPF, when we get to see it, reflect the likely focus of future planning decisions? How will it all fit together?
As my noble friend Lady Henig said, this is an opportunity to enshrine this principle in legislation. We need to make sure that we get this right—that it is fit for purpose and does what it is supposed to do: work to protect both sides. It is important that the Minister is able to assure us on that matter.
My noble friend Lady Henig also asked about the current status of the consultation that took place in 2017 on the housing White Paper in relation to this issue. Not to have heard back from that consultation in 2017, six years ago, is a bit concerning. Since then, as my noble friend Lord Brooke mentioned, we have had the pandemic and so much has changed, so is that consultation even still relevant? Perhaps the Government need to revisit that completely. I would appreciate the Minister taking that back to her department.
Baroness Scott of Bybrook (Con)
My Lords, Amendment 266, tabled by my noble friend Lady McIntosh of Pickering, tackles the important issue of the agent of change principle in planning and licensing—that is, the principle that existing businesses should not be negatively affected by restrictions on them resulting from new development in their area. National policies and guidance already provide strong support for that principle, and we will continue to make sure that authorities have the tools needed to deliver it. The Government therefore do not consider the amendment necessary.
I agree with my noble friend that preventing this happening is important to so many businesses, especially in the night-time economy, where these issues most regularly occur. That is why we amended the National Planning Policy Framework in 2018 to embed these principles, with paragraph 187 of the current framework saying:
“Existing businesses and facilities should not have unreasonable restrictions placed on them as a result of development permitted after they were established”.
In answer to the noble Baronesses, Lady Henig and Lady Hayman of Ullock, that came after the consultation, so it was partly a response to it. The framework goes on to highlight that, where there could be “a significant adverse effect”, the onus should be put on the agent of change proposing the new development to provide suitable mitigation before it has been completed.
We are also introducing national development management policies through the Bill. In future, and subject to further appropriate consultation, these will allow us to give important national planning policy protections statutory weight in planning decisions for the first time.
We believe that the proposed requirement for a noise impact assessment to be undertaken for relevant development would duplicate existing guidance for local planning authorities. Planning practice guidance published by the department is clear that the agent of change will need to clearly identify the effects of existing businesses that may cause a nuisance to future residents or users of the development proposed.
The guidance also sets out that the agent of change is expected to define clearly any mitigation that is proposed to address any potential significant adverse effects, in order to try to prevent future complaints from new residents or users. Many local planning authorities also make this assessment of effects a part of their local lists of information required to be submitted alongside relevant planning applications. After such assessment of the effects, reasonable planning conditions can be used to make sure that any mitigation by the agent of change is completed, as agreed with the local planning authority when planning permission is granted.
Importantly, the Government agree that co-ordination between the planning and licensing regimes is crucial to protect those businesses in practice. This is why in December 2022 the Home Office published a revised version of its guidance, made under Section 182 of the Licensing Act 2003, cross-referencing the relevant section of the National Planning Policy Framework for the first time. Combined with our wider changes in the Bill, we will make sure that our policy results in better protections for these businesses and delivers on the agent of change principle in practice.
I hope I have demonstrated that the Government’s policies embed the agent of change principle and that we will continue to make sure it is reflected in planning and licensing decisions in future.
Baroness Taylor of Stevenage (Lab)
My Lords, Amendment 267 in the names of the noble Lord, Lord Young, and the noble Baroness, Lady Thornhill, was music to my ears; Amendment 287 from the noble Baroness, Lady Pinnock, is very similar. I have never understood why the public purse—the hard-pressed local government public purse at that—has to subsidise the development industry even for the very largest and most profitable developments. We have long spoken about a “polluter pays” principle in discussions on the environment; perhaps it is time we had a “profiter pays” principle in planning.
This issue has long been debated in local government. It is the subject of general incredulity that, at this time of financial crisis for local government, it is still allowed to continue. The Local Government Association has lobbied consistently on this point, stating in its recent response:
“We welcome the proposal to increase planning application fees, as it has for a long time been our position that there is a need for a well-resourced planning system. However, the Government should go further by allowing councils to set planning fees locally.”
I do not think it is a surprise to any noble Lords that local authority planning departments are at full stretch already. The noble Lord, Lord Young, referred to how they will respond to the 47 clauses in this Bill, never mind the issue of street votes—they will have plenty of work to do, that is for sure. It is an area of specialism where there are considerable shortages of professionals. In spite of a great deal of work being done to encourage young people to consider planning as a career and increase the number of routes into the profession, there remain difficulties in recruitment and retention. This is even worse in areas surrounding London, where it is almost impossible for local authorities to compete with the packages offered to planning officers in London.
This is exacerbated by the pressure of work; I know that many noble Lords in the Chamber will have sat through contentious planning application hearings, and I do not think any of us would be surprised to learn that our officers subject themselves to considerable stress. Therefore, it is only right that the industry makes a fair contribution to the cost of processing applications where it will reap substantial developer profit. This will enable local authorities to ensure that their planning teams are resourced adequately.
We also strongly support Amendment 283 in the name of my noble friend Lady Young, and so ably moved by the noble Baroness, Lady Parminter. She is absolutely right that statutory consultees, often hard-pressed themselves, should be able to recover the costs from applicants. I understand that of the £50 million bill for this, cited by the noble Baroness, Lady Parminter, 60% was incurred by Natural England and the Environment Agency as the two statutory consultees dealing with the greatest number of planning consultations. It was as far back as 2018 that the top five statutory consultees came together to form a working group to identify potential alternative funding mechanisms to address the increasingly critical and unsustainable position. They made recommendations to DLUHC in March 2019. This work highlighted the need for a change in primary legislation to provide a broad enabling power under which statutory planning consultees could pass on the costs incurred in providing statutory advice to applicants, either as part of the existing planning fees or as an additional separate charge.
We welcome the inclusion of a power in the LURB to enable statutory consultees to recover costs incurred in providing advice on nationally significant infrastructure projects. That alone, though, makes only a modest contribution to addressing the challenge of establishing the sustainable funding model. I believe for Natural England, approximately 70% of the statutory consultation work will continue to be reliant on grant in aid. Will the Government introduce a power that will help us? If not, the Government are, in effect, committing to rely on the Exchequer as the primary means of funding the essential role that statutory consultees play in support of the operation of the planning system.
There is also the danger that we will create an inconsistent funding model between NSIP cases and non-NSIP cases that are of a comparable size or impact, such as large-scale housing developments. That could result in the need to prioritise resources for NSIP work over non-NSIP work, create inconsistency in service levels and potentially disadvantage large housing developments, which would be the exact opposite direction to the way we want to go. I hope that the strength of my noble friend Lady Young’s amendment will be taken into account.
Consideration should also be given to other statutory agencies. We have seen similar pressures on colleagues in the National Health Service, for example, where they have to comment on planning applications. There is also pressure on the resources of county councils to respond to matters relating to highways, flood risk, education and adult and children’s care provision—to name just a few—which is required on almost every major application and some smaller applications. It is simply not right that those costs should fall on public agencies whose funding is limited. If they were adequately recompensed, their ability to respond to applications in a timely manner might be improved.
Government Amendment 285C is similar to that proposed by my noble friend Lady Young—I hope we can at least agree on that—but, as the noble Lord, Lord Young, pointed out, this may not refer to charging for local authorities. We would want to see both local authorities and statutory consultees able to charge something like the recovery of the costs they incur in relation to the planning system.
Baroness Scott of Bybrook (Con)
My Lords, Amendments 267 and 287 have been tabled by my noble friend Lord Young of Cookham and the noble Baroness, Lady Pinnock, respectively. I assure your Lordships that the Government understand the concerns about stretched resources in local planning authorities. However, we do not believe that enabling local planning authorities to vary fees and charges is the way to answer resourcing issues, and it does not provide any incentive to tackle inefficiencies. Local authorities having different fees creates uncertainty and unfairness for applicants and, if set too high, could risk unintended consequences by discouraging development.
Baroness Pinnock (LD)
My Lords, the Grenfell fire tragedy of June 2017 has rightly ensured that many of us in this Chamber have put our minds to the outrageous way in which the construction industry failed to meet existing building safety regulations and how material manufacturers knowingly sold flammable cladding materials to be put on high-rise blocks of flats. That is not me saying that; the inquiry into the Grenfell fire said that.
We have over the past six years in this House tried two ways, so far, to address those issues, first through the Fire Safety Act and then through the longer, more detailed Building Safety Act. Right from the outset, I and others have said quite clearly that, whatever happens in putting right the wrongs of 20 years or more, the leaseholders are the innocent victims in this situation. They have done everything right in their lives and nothing wrong, and they should not be asked to pay a penny piece towards putting right the wrongs that have been done to them, which were concealed from them when they entered into a contract for their property.
We have, with the Government, tried hard to put this right. We have heard from the noble Earl, Lord Lytton, and the noble Lord, Lord Young of Cookham, who have been on this route march, as it seems, from the beginning, trying to find the answer to the question, “As the leaseholder must not pay, who must?” The noble Lord, Lord Young of Cookham, asked the right question—of course, he always does—which is, “Has the Government done enough?” Some of us, including him at the time, said we did not think so, and so it is proving.
Not only we in this Chamber but thousands of leaseholders are saying that the Government have not done enough. Not only is the construct in the Building Safety Act of the waterfall of responsibilities failing to ensure that remediation takes place promptly or at all, but, meanwhile, as we heard from the noble Earl, Lord Lytton, many leaseholders have awful tales to tell about anxiety caused, mental health that has broken down, financial burdens that cannot be met, ensuing bankruptcy and life chances blunted—and no responsibility of theirs.
Why would any of us involved in legislation allow thousands of our fellow country men and women to be put in this position, where they are being seriously adversely affected, in emotional, financial and social ways, and not do anything—or enough—about it? The noble Lord, Lord Young of Cookham, rightly said again that the Building Safety Act, despite our best efforts, excluded certain groups of leaseholders: those living in blocks under 11 metres, enfranchised leaseholders and, indeed, some buy-to-let leaseholders. That is clearly not acceptable, because those leaseholders are suffering immensely; the noble Lord, Lord Young of Cookham, gave a vivid example of that.
So the challenge to the Government and to the Minister, which I hope she will take up and respond to, is: what, then, can be done? The Government have tried to put in place a series of funding mechanisms and responsibilities, but that is clearly failing to help thousands upon thousands of leaseholders.
The Minister was unfortunately—or fortunately, for her—was not part of the long discussions on what became the Building Safety Act. We were promised at the time that leaseholders would not be expected to pay, but that is clearly not bearing out in practice. Therefore, I hope the Minister will go back to her department and ask those fundamental questions. The Government’s purpose, as expressed by the Secretary of State Michael Gove, was that it was morally reprehensible for leaseholders to pay. If that is the case, let us put that into practice and find a route through, so that no leaseholder pays anything. They have done nothing wrong and they should not be expected to pay.
In his proposed new schedule to the Bill, the noble Earl, Lord Lytton, has made a very detailed proposal about the polluter pays principle. I concur with the principle that those who cause the damage—the construction companies and the materials manufacturers—must pay. We have to find to find a way for that to work in practice. I am hoping that the Minister will come up with some answers.
Finally, the noble Baroness, Lady Hayman of Ullock, has once again raised the issue of second staircases in high-rise buildings and houses in multiple occupation, which we debated during the progress of what became the Fire Safety Act and also the Building Safety Act. Most of us said that, yes, that was the expert advice from the fire service chiefs and that is what we should do; but, unfortunately, that was not accepted by the Government.
I agree with the noble Baroness’s amendment, but I go back to the key to all this. My view—and that of all who have spoken, through all the outcomes that followed the Grenfell fire tragedy—is that, however the remediation of these buildings, of all heights, is resolved, when it comes to the leaseholders, whether enfranchised or unenfranchised, whatever happens, they must not pay. I look forward to the Minister’s response.
Baroness Scott of Bybrook (Con)
My Lords, in his Amendments 274, 318, 320 and 325, the noble Earl, Lord Lytton, returns us to subjects that we debated extensively this time last year in what was then the Building Safety Bill. I say to the noble Earl, with the greatest of respect, that this House and the other place considered his arguments carefully last year and rejected them. I really do not think that this Bill is an appropriate place to try to reopen these issues.
Last year, the Government opposed the noble Earl’s scheme and proposed an alternative, the leaseholder protection package, which was agreed by your Lordships and the other place. As your Lordships will be aware, the leaseholder protections in what is now the Building Safety Act 2022 have been in force since June 2022 and form part of the Government’s response to the need to fix defective buildings, alongside a number of other measures that my right honourable friend the Secretary of State set out recently in a Statement in the other place, which was repeated for your Lordships.
Those protections are complex. I would be very happy to have a meeting with interested Peers to discuss the Government’s actions in detail if that would be helpful. If any noble Lord would like to do that, they can get in touch with me or my office and we would be very happy to set that up. But, as I said, the protections are complex and it is true that it has taken time for the various professionals working in this space to get to grips with them. None the less, there is now progress on getting work done, getting mortgages issued on affected flats and moving the conversation forward with the insurance industry to ensure that remediation can be undertaken and that building insurance premiums, which had been excessively high, reflect this reduction in building risk.
I want to be clear with your Lordships: the leaseholder protections are working. The first remediation contribution order to get money back for leaseholders has been made by the tribunal and is being enforced now. In response to my noble friend Lord Young of Cookham, I can say that there have been a further 12 applications for remediation orders to the First-tier Tribunal and nine for contribution orders; that is up to the end of December—we do not have any further updated figures.
The Government’s recovery strategy unit is litigating against large freeholders, and leaseholders have the peace of mind that the remediation bills they were facing—sometimes for more than the value of their home—are no more. I emphasise to your Lordships that changing the basis on which leaseholders are protected would set back by months the progress of remediation work, which is finally happening at pace, and would create further uncertainty in the market.
In addition to the inevitable delay to remediation that would be caused if the noble Earl’s proposals were adopted, I must emphasise that the objections set out by my noble friend Lord Greenhalgh, when he spoke from this Dispatch Box last year, are still relevant. The building-by-building assessment process that he proposes would be both costly and time-consuming, which would not be in anyone’s interest.
While the noble Earl says that his scheme seeks to avoid litigation, our experience shows that the level of complexity and the sums at stake in this field mean that litigation is inevitable—and will necessarily take place in the High Court, rather than the expert tribunal already dealing with disputes under the leaseholder protections, increasing costs and the time taken to resolve cases. I should also make it clear that the Government’s package of measures in this space goes much further than the leaseholder protections set out in the Building Safety Act.
At this point, I would like to answer a few questions. Both my noble friend Lord Young and the noble Earl, Lord Lytton, brought up the point of “under 11 metres”, which I know has been an issue raised. I think I have said many times at this Dispatch Box that the views of the independent experts are clear: there is no systematic risk in buildings under 11 metres. However, we continue to look at these on a case-by-case basis and provide any help to those leaseholders accordingly. If my noble friend Lord Young of Cookham would like to let me have the letter that was sent to him, I would be happy for the team to look at it.
Earl Howe (Con)
My Lords, all the amendments in this group relate to the enforcement clauses in the Bill and it may be helpful if I begin by explaining briefly the rationale for the package of enforcement measures that the Bill contains. The Government recognise that effective enforcement is vital to maintain public confidence and trust in the planning system. The noble Baroness, Lady Thornhill, made that point very powerfully. Local planning authorities already have a wide range of enforcement powers, with strong penalties for non-compliance, to tackle breaches of planning control. The Bill’s measures are intended to strengthen those powers so that local planning authorities are better able to take the robust action their communities want to see.
Amendments 275 to 279 inclusive all deal with Clause 107 on enforcement time limits. Amendments 275 and 277, tabled by the noble Baroness, Lady Hayman of Ullock, seek to retain the current four-year time limit for commencing enforcement action against breaches of planning control where the breach has a significant impact on the local environment. Amendments 276 in the name of the noble Earl, Lord Lytton, seeks to retain the four-year time period after which enforcement action cannot be brought where there has been a breach of planning control consisting of the change of use of any building to use as a single dwelling house. Amendment 278 in the name of the noble Earl would require consultation to take place and a report to be published before Clause 107 can come into force. The noble Earl’s further amendment, Amendment 279, seeks to add to the Bill confirmation that breaches of planning control which are currently immune from enforcement action will remain immune following the passing of the Act.
Let me give the Committee some background on the need for Clause 107. Currently, Section 171B(1) of the Town and Country Planning Act 1990 imposes a four-year time limit on local planning authorities beginning enforcement action against a breach of planning control consisting of building, engineering, mining or other operations. Section 171B(2) imposes the same four-year time limit for a breach of planning control consisting of a change of use of any building to use as a single dwelling house. All other breaches of planning control are subject to a 10-year time limit. However, we have heard from key stakeholders the very point made by the noble Baroness, Lady Thornhill, that there are some cases where the current four-year time limit is not long enough and the opportunity to commence enforcement action is inadvertently missed.
For example, a person may not initially raise concerns with a local planning authority, assuming a neighbouring development has the correct permissions or will not cause disturbance. Should the development prove disruptive, they may then try to come to an agreement with the person responsible for it. However, by the time they raise their concerns with the local planning authority, the opportunity to commence enforcement action may have passed.
We have also heard that having two timescales for enforcement can unnecessarily complicate cases. For example, where a new building has been constructed on land, enforcement action could be taken against the construction of the building itself, subject to the four-year rule, or against the material change of use of the land brought about by the construction of the building and its subsequent use, subject to the 10-year rule. This uncertainty can lead to lengthy and resource-intensive appeals and court cases debating the starting point for immunity.
Clause 107 seeks to address all these issues by making the time limit 10 years for all breaches of planning control in England. This will create greater certainty and consistency for all parties involved in the planning enforcement process and ensure that the opportunity to commence enforcement action is not inadvertently missed. To be very clear, Clause 107 is not about delaying the enforcement process unnecessarily. The expectation will remain that local planning authorities should act promptly to investigate and remedy breaches of planning control as quickly as possible.
Amendment 278 is about consultation. As I have already explained, we have engaged with key stakeholders during the preparation of the Bill. This package of enforcement measures is what the profession identified would most help it carry out its job more effectively. On the noble Earl’s Amendment 279, we will make transitional provisions in regulations to ensure that breaches of planning control that are currently immune from enforcement action will remain immune following the passage of the Bill. I hope that, with these reassurances, he will agree that these amendments are not required.
Amendment 280, tabled by the noble Baroness, Lady Taylor of Stevenage, seeks to probe how technology can be used to support the new planning process. The Government share this ambition. We are keen to modernise the planning process and make better use of technology; amendments in Chapter 1 of Part 3 of the Bill, on planning data, are designed to do just that.
The new enforcement warning notices that we are introducing through the Bill may be served in a number of ways, including by electronic means, but I do not think it would be appropriate to make this the only means of serving such a notice. Enforcement warning notices are a planning enforcement tool. It is therefore vital that, if a local planning authority is beginning enforcement action, those against whom action is being taken receive the notices. Some do not use or have access to digital communication tools, and we must ensure that they are not disadvantaged. There is also the issue that an enforcement warning notice may be served on someone who has not engaged with the local planning authority and so the authority would not have an email address for them. I hope that, with this explanation, the noble Baroness will agree that this amendment is unnecessary.
Amendment 281, tabled by the noble Baroness, Lady Taylor, is about local authority resources. The measures in the Bill are designed to make the existing framework easier to use for enforcement officers. Where we are introducing new powers such as enforcement warning notices, their use is discretionary. As such, I do not think these measures will create significant additional burdens or resource pressures for local planning authorities.
However, we recognise that many local planning authorities already face capacity and capability challenges and we are taking steps to address this issue. We are currently consulting on proposals to increase planning application fees. In the enforcement context, this includes a proposal to double the fee for retrospective applications, in recognition that they often create additional work for officers over and above what is required for a regular application. To ensure that local planning authorities are well equipped and supported to deliver their existing requirements as well as the changes set out in the Bill, we have already started to work alongside the sector to design targeted interventions to support the development of critical skills and to build capacity across local planning authorities. With these reassurances, I hope the noble Baroness will agree that Amendment 281 is unnecessary.
I turn to Amendment 281A, tabled by the noble Baroness, Lady Hayman, and spoken to by the noble Baroness, Lady Taylor. The level of fine for failure to comply with a breach of condition notice is currently level 4 on the standard scale—a maximum of £2,500. The purpose of Clause 112 is to make fines for this offence unlimited, bringing them into line with the levels of fine for other planning enforcement offences. Amendment 281A would introduce a new sentencing requirement for this offence which would not apply to sentencing for other planning enforcement offences. It would not be reasonable to create a more punitive sentencing regime for the offence of non-compliance with a breach of condition notice than for other planning enforcement offences.
This amendment would also cut across the national approach to sentencing set out in the Sentencing Code which courts refer to when sentencing offenders. It is for the courts to determine the appropriate level of fine for an offence, taking into account its seriousness and the financial circumstances of the offender, including for this offence. Therefore, while I appreciate the sentiment behind this amendment, I feel that it is not appropriate for those reasons.
Amendment 281B, tabled by the noble Baroness, Lady Taylor, would ensure that relief from enforcement action under Clause 113 cannot be granted for any planning conditions relating to the type or volume of affordable housing. While I appreciate her concern about the power being used to restrict conditions about affordable housing, I reassure her that this is not the intention. Clause 113 has been brought forward to provide a statutory route to provide relief in future from planning conditions that unnecessarily impede economic activities during periods of disruption and uncertainty. This is in response to the experience during the height of the Covid pandemic to enable key business sectors to respond and recover from its impacts where we discouraged enforcement through policy.
Here, we focused exclusively on conditions related to the operative use of land or premises, such as construction working hours or delivery times. We would expect these types of conditions to provide relief from enforcement action in future. Conditions related to affordable housing were not in scope. More importantly, affordable housing provision is primarily secured through Section 106 planning obligations, rather than by condition. The concern that affordable housing provision could be affected by the use of this power is therefore misplaced. It does not affect Section 106 agreements.
Amendment 281C, tabled by the noble and learned Lord, Lord Hope of Craighead, seeks to limit the use of the power under Clause 113 to periods of emergency or serious disruption. I recognise that the Delegated Powers and Regulatory Reform Committee has recommended that this power should be limited to periods of emergency or serious disruption. We are carefully considering its recommendations and will respond to the committee before Report. However, I reassure the noble and learned Lord that I believe the committee has made some valid points on the scope of the power. It is intended to be used in emergencies and periods of disruption, and it will not be used lightly. We recognise that planning conditions are an important way of making development acceptable to communities and we want them to continue to be used.
Monday 24th April 2023
(1 year, 7 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-XI(a) Amendments for Committee (Supplementary to the Eleventh Marshalled List) - (24 Apr 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Earl Howe
“(iii) for “arising in” substitute “in respect of”;”Member’s explanatory statement
This amendment is consequential on the amendment inserting a new paragraph (ab) at the end of line 30 of Clause 115 in the minister’s name.
Earl Howe (Con)
My Lords, I will speak also to Amendments 281CB to 281CE. These amendments are aimed at creating greater opportunities for those people who want to build their own home by ensuring that local authorities make sufficient provision for self- and custom-build sites in their areas.
The Government believe that self- and custom-build housing can play a crucial role as part of a wider package of measures to boost home ownership and diversify the housing market, as well as helping to deliver the homes that people want. Self and custom build improve the design and quality of homes as they are built by the people who will live in them.
We are aware that, under the current legislation, some development permissions that are not necessarily for self- and custom-build housing are being counted towards a local planning authority’s statutory duty. This has meant there is an incomplete and inaccurate picture of self and custom build at a local and national level, which can distort the market and have wider impacts on small- and medium-sized enterprises and developers.
In the other place, the Government introduced Clause 115 to ensure that a development permission will count in meeting the duty only if it is actually for self-or custom-build housing. The Government have brought these additional amendments forward to further tighten up the Self-build and Custom Housebuilding Act 2015 to ensure that the intended policy aim of the original legislation is being met in practice.
Amendment 281CB ensures that only land made available explicitly for self-build and custom housebuilding qualifies towards the statutory duty to grant planning permission et cetera and meets demand for self and custom build. We have tabled the amendments to give the power to the Secretary of State to define in regulations the descriptions of types of development permissions that will count towards meeting this duty. This will ensure that only development permissions that are intended to be built out as self or custom build will be counted. The regulations are likely to require any permissions granted for self and custom build to be characterised by a condition or planning obligation making that requirement explicit. Amendment 281CE specifies that any regulations made under this new power will be subject to the negative resolution procedure.
Amendment 281CC ensures that any demand that a relevant authority has accrued for self and custom build through its self and custom build register that has not been discharged within the three-year compliance period will not dissipate after this time, but will roll over and remain part of the demand for the authority to meet under Section 2A of the 2015 Act. Amendments 281CA and 281CD are consequential, minor and technical amendments that amend the 2015 Act to ensure that Amendment 281CC works in practice. Overall, the amendments proposed ensure that the 2015 Act works as intended, without ambiguity.
These amendments, accompanied by our other interventions, including the launch of the Help to Build equity loan scheme and the Government’s response to Richard Bacon MP’s independent review into scaling up of self-build and custom housebuilding, will help to mainstream the self- and custom-build sector. This will allow more people to build their own home, help support SMEs and boost housebuilding. I therefore hope that noble Lords will support these amendments. I beg to move.
Lord Best (CB)
My Lords, I rise to support this group of government amendments aimed at increasing the number of homes built or commissioned by their future occupiers. I had the pleasure of piloting the Self-build and Custom Housebuilding Act 2015 through your Lordships’ House. It started as a Private Member’s Bill from Richard Bacon MP, who has tirelessly—I would say relentlessly—pursued his campaign to get the sector to scale up. Most recently, he has produced an independent review to boost the building of self-commissioned new homes across all tenures, and these amendments flow from the Bacon review to which the Minister referred.
In countries as diverse as Germany and New Zealand, much of the new housebuilding is done in partnership with its future occupiers who, if not actually building the homes, are specifying the form they take and working with an SME builder to meet individual requirements. The result in other countries is that homes are more varied, personalised, affordable and energy efficient. These amendments attempt to give this still fledgling sector further impetus by helping self-builders and custom housebuilders to get their hands on the land on which to build, rather than leaving the volume housebuilders to gobble it all up. The sector would be an important beneficiary of my earlier amendment on diversification on larger sites, but a shift to that Letwin-inspired development model is not going to happen immediately. Bolstering the existing means to get local authorities allocating land for self-build and custom housebuilding is eminently sensible. I congratulate Richard Bacon on his continuing tenacity, the Right to Build Task Force on getting the Government to take forward these amendments and the Government on accepting them.
Baroness Hayman of Ullock (Lab)
I thank the Minister for introducing these government amendments. We have no problem at all with them. They seem fairly straightforward in what they want to achieve, but I would like to make the point that this is going to help provide only a small number of homes. I wonder what estimate the Government have made of the number of homes this will provide and what the demand is for this sort of housing. It would be quite interesting.
We are concerned about the number of houses being built, full stop, particularly since the Government abandoned their mandatory housing target. We feel that this Bill should be used to help the Government to concentrate on providing sufficient quality housing that includes both affordable-to-buy and social housing. Perhaps the Government could then bring forward an amendment on properly defining “affordable housing”; that would be a very useful amendment to see going forward.
As I said, I have absolutely no problem with this; I am quite happy to support the government amendments. However, we feel that the Government need to balance their interest in progressing this with their progress in meeting their stated target of 300,000 new homes.
Earl Howe (Con)
My Lords, I am grateful to the noble Lord, Lord Best, and both noble Baronesses, for their comments and questions. The noble Lord, Lord Best, is perhaps this House’s foremost expert on housing matters, saving my noble friend Lord Young of Cookham who is now looking at me.
To answer for now the question put by the noble Baroness, Lady Hayman, on the number of self-build and custom-build houses that we expect to flow from this, it is very difficult to estimate. We do think that those categories of housing have a definite place in the system. If I can enlighten myself, and her, further, I will be happy to do so. I hope she will have gained a sense that these amendments are designed to remove the barriers that have been identified in this area; certainly, we fully expect that to happen having engaged with the sector.
As regards a definition of affordable housing, I think that will have to be a long debate for another day—although we have touched on that subject before during these Committee proceedings.
As regards the question posed by the noble Baroness, Lady Pinnock, I think the instance that she cited will be addressed, in part at least, by Amendment 281CC. What we want to achieve in that amendment is that, where you have a register of self-build and custom-build applications that have not been discharged within the three-year compliance period, that demand will not dissipate after this time but will roll over. I will, however, write to her about enforcement on these particular applications and clarify that.
Baroness Scott of Bybrook
“(aa) after subsection (5) insert—“(5A) Regulations may make provision specifying descriptions of planning permissions or permissions in principle that are, or are not, to be treated as development permission for the carrying out of self-build and custom housebuilding for the purposes of this section.”;”Member's explanatory statement
This amendment allows the Secretary of State to specify descriptions of planning permissions or permissions in principle that will count as development permissions for the purpose of a local planning authority complying with its duty to meet the demand for self-build and custom housebuilding in its area.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, I thank my noble friend Lord Moylan for tabling Amendment 284. I shall not be commenting on any individual planning case at all. Obviously it would not be correct for me to do so.
Amendment 284 seeks to ensure that the progress of applications, in circumstances where a Section 35 direction has been made, is monitored and kept under review by the Secretary of State. I agree that developments, especially nationally significant infrastructure projects, should enter our planning system efficiently, and doing so is crucial for ensuring that local communities and businesses can express their views on the real impacts that these projects can have on them.
The NSIP consenting process has served the UK well for more than a decade for major infrastructure projects in the fields of energy, transport, water, waste and wastewater, and has allowed these projects to be consented within an average of around four years. Some of these projects enter the NSIP planning system under a Section 35 direction. This is the beginning of the planning process for some projects and offers prospective applicants certainty that they can take their projects through the NSIP consenting process. This consenting mechanism has been used successfully by 18 developers and allowed them to capitalise on the benefits that the NSIP regime offers.
Very occasionally, applications for development consent can be delayed or even withdrawn. This applies to applications that either automatically qualify as an NSIP under Part 3 of the Planning Act or are directed in through Section 35. This often occurs to allow developers time to ensure that applications entering the system are of the standard needed to efficiently and robustly undergo the scrutiny required. I acknowledge that this can translate into uncertainty for some communities, businesses and investors that have the potential to be affected by such projects.
Under Section 233(2) of the Planning Act, the Secretary of State already has the power to revoke a direction to treat a project as an NSIP, and thus no longer allow the project in question to enter the NSIP planning system through these means. The Secretary of State may consider using this power, for example, if it becomes clear that the rationale or basis on which the Section 35 direction was made has changed, so this is no longer the correct and appropriate consenting option for the project in question. I appreciate why my noble friend has raised this amendment, and I hope he will withdraw it following the reassurances I have provided.
The noble Lord, Lord Stunell, and others brought up the interesting issue of oversight. We are currently working to set this up. Minister Rowley is setting up an IMG which will look at the cross-cutting issues on projects, but he cannot get involved in the specifics on projects, in order not to prejudice, obviously, future decision-making, particularly as a Planning Minister. I will also take on board the issue that the noble Baroness, Lady Hayman of Ullock, brings up about the capacity within local planning authorities to deal with these very big projects. I think it is something we can feed back in and I will do so.
Lord Stunell (LD)
I thank the noble Baroness for a very helpful answer. Will she say something about the actual timeline for this group formally starting work? She suggested that it was going to start work in the fairly immediate future: perhaps some sort of timescale could be provided.
Baroness Scott of Bybrook (Con)
I do not have a timescale tonight, but I will talk to Minister Rowley and try to get one for the noble Lord and let him know. As I say, I hope my noble friend will withdraw the amendment following the reassurances I have provided.
Lord Moylan (Con)
My Lords, I am grateful to noble Lords who have taken part in this short debate. I shall start briefly with the noble Lord, Lord Kennedy of Southwark, being keen to fly. He said at the end about Heathrow expansion, “We should get on with it”. I am not necessarily a believer that textual exegesis is the right way to approach a winding-up speech, even in your Lordships’ House, but this question of what “we” is in that sentence is at the heart of this. If it were purely a private planning application, it would mean the developer, but I do not think that is what he meant when he talked about Heathrow. He meant either “we” as a Government or “we” as a nation: we, somehow bigger than just the private sector developer, should be getting on with it, and it is that blend that is involved in nationally significant infrastructure projects, where, as I say, the Government make themselves a co-partner with private sector developers in the case both of Heathrow and the other example I gave. It is that confusion about who is responsible that I am trying to get to.
We know the Government are responsible, to some extent, with a project such as Heathrow expansion, but what are their responsibilities in relation to the consequences of it and are they actively monitoring? That is really my question. The noble Baroness, Lady Hayman of Ullock, I am sure understood that I was not in anything I said criticising the process as such or saying that there was not the need for a process that would speed large applications through the system, although it is undoubtedly the case that the speed with which the DCO process is handling applications is getting slower and slower, and everybody involved in it knows that. It may well be that the time for a refresh is coming. I do not think it is simply skills; it is also demand for additional up-front information and so forth: this is something the Built Environment Committee, which I chair, may well look at again.
I do not know why the noble Lord, Lord Stunell, said that he was only three-quarters in support of my amendment, as I thought he gave a 100% endorsement. I do not know what reluctance prevented him from coming out wholeheartedly, because he also put my purpose very well. Although I invited my noble friend to accept the amendment, the noble Lord recognised—as I am sure my noble friend does—that it is essentially a probing amendment to try to find out what the Government do and how they take their responsibilities for these projects forward.
I welcome my noble friend’s response, but it was slightly on the disappointing side. Of course, it is wonderful that an inter-ministerial group is being set up to look at these issues—I did not know that—but she slightly took away from the benefit of that in saying that it should not look at individual projects, which are precisely what I would like Ministers to look at. I appreciate that a Planning Minister, who may have to take planning decisions—
Baroness Scott of Bybrook (Con)
It will look at cross-cutting issues on projects but cannot get involved with the specifics of a project, in order not to prejudice decision-making. I did not say that it could not look at individual projects, just their specifics.
Lord Moylan (Con)
I am grateful for that but, thanks to a judgment—I cannot remember the name—in the courts a year or two ago on the Holocaust memorial, local planning authorities have been required in the past year or two to put in place rigorous separations, called Chinese walls, between those officers who work on developing councils’ own applications and those assessing them, in a way that always existed to some extent but is now very much more rigorous. If Ministers, including the Planning Minister, are understandably inhibited from getting into the details of why a project is not happening, perhaps a similar arrangement could be achieved within government; maybe someone in the Cabinet Office or wherever could take on the responsibility for getting into the weeds of projects that are not happening and either helping them to do so or cancelling them.
I am grateful to my noble friend for acknowledging that Ministers have the power to remove an NSIP designation. I would like to think that they could remove it on grounds more expansive than the one she mentioned—that it was no longer an appropriate designation—such as it simply not happening and therefore being, in practice, an irrelevant designation. She did not say that but perhaps it was implicitly encompassed in what she did say. I would like to think that any ministerial involvement now getting going, which I wholly welcome, could be structured in such a way that Ministers could get involved in the weeds.
I am very grateful for this debate. It has flushed out some issues that we would not otherwise have debated and I am grateful to my noble friend. With the leave of the Committee, I beg leave to withdraw my amendment.
Baroness Scott of Bybrook
“Power for appointees to vary determinations as to procedureIn paragraph 2 of Schedule 6 to TCPA 1990 (powers and duties of appointed persons), in sub-paragraph (10)—(a) for “does not apply” substitute “applies”;(b) at the end insert “only for the purposes of subsection (4) of that section”.”Member's explanatory statement
This amendment inserts a new Clause into Chapter 6 of Part 3 of the Bill to amend the Town and Country Planning Act 1990 to enable a planning inspector (as an appointed person) to vary the procedure of certain proceedings under section 319A of that Act.
Baroness Scott of Bybrook (Con)
My Lords, planning appeals are currently decided by three potential routes: written representations, hearings or public inquiries, or a combination of all three. Government Amendment 285A will enable an appointed planning inspector, rather than a case officer, as is currently the case, to change the mode of procedure for a planning appeal. The Government believe that an appointed inspector is best placed to decide the most appropriate mode of procedure for an appeal case as they will be familiar with the facts of the case and the views of all parties. The new clause will facilitate a more streamlined procedure and have a positive impact on the operational delivery, leading to more efficient and timely appeal decisions. I therefore request that the amendment is supported.
Baroness Taylor of Stevenage (Lab)
My Lords, I know it is not the practice in your Lordships’ House to have long discussions on government amendments. I do not intend to do that, but I want to make some comments on these amendments, because I think they are interesting.
On Amendment 285A, I make the point that varying proceedings should always be the subject of very effective communication, not only because we have professionals engaged in these processes but because the public are involved and need to understand exactly what is happening. Where there are changes, even more effort should be made to communicate why they have been made. I raise again the issue of resourcing of PINS. A lot of clauses in the Bill are putting another heavy burden on the Planning Inspectorate, and those issues need to be taken into account.
Secondly, as we have heard, Amendment 285B indicates that the Government wish the planning process to allow people to participate remotely in planning proceedings at the grant of the Planning Inspectorate. If the Government can see the value of this—I am very pleased that they can—I ask the Minister why what is good for planning proceedings is so inappropriate for the rest of local government? We have had debates on this previously in the Bill.
The Minister made the point that participating virtually increases diversity of participation, which I completely agree with. It also saves unnecessary travel; we have had those discussions on previous clauses. We are all trying to get down to net zero, and people do not have to travel if they can participate virtually. In addition, it helps those who live in bigger geographical areas. My borough is very small geographically, so it is not really a great hardship for anyone to have to come to the town hall for a discussion on a planning application or anything else. However, if you live in some of the parts of the country where that is not such an easy journey, particularly at certain times of the year, it can be much more difficult. So, I am confused about why we seem to think that this is a really helpful process for one part of local government activity but not for the rest of it. I also probe why the amendment says, “require or permit”. I am concerned about “require” and whether the planning inspector is going to be able to insist that this happens virtually, and how that is going to work.
The noble Baroness, Lady Pinnock, referred to feeling the mood in planning meetings. That is a variable experience, from my experience in local government. Sometimes it can be useful to do that, and sometimes you would not want to be anywhere near feeling the mood in a planning meeting—but that is another matter. I echo the question from the noble Baroness, Lady Pinnock, about whether the intention is that this should apply to local planning inquiries. That is a whole other issue that needs further consideration.
By the way, I know that the noble Earl, Lord Howe, responded quite extensively on the ability to have local government proceedings virtually, and that is on the record. I would just appreciate a response from the Minister on why this is right for planning but so wrong for everything else in local government.
Baroness Scott of Bybrook (Con)
Let me respond to a couple of those points. On the difference between a case officer and a planning inspector and how you bring in the appellant, at the moment the case officer handles the administration of a planning appeal case, which includes the appointment of a planning inspector, but they also determine the mode of the procedure after seeking input from the parties and the inspector. Therefore, at the moment it is the case officer who talks to the parties and the inspector, and who then makes a decision taking all of that into account. We are suggesting that the planning inspector, who is the decision-maker or recommendation maker for called-in and recovered cases, will assess the details of the case and representations received from all parties in just the same way, so they would be seeking input from all parties before they made that decision.
On local plans, the major party in that will be the local planning authority or the local authority, and I cannot see those discussions being taken online. I suppose a local authority could ask for that, but those are usually quite long and arduous meetings that sometimes go on for weeks, so I am pretty sure they would be public.
Baroness Pinnock (LD)
My understanding, then, is that in the instance of a local plan hearing, the local planning authority would decide whether it should—the Minister is shaking her head, so I have misunderstood. Therefore, the appointed planning inspector makes the decision whether it will be in public or online.
Baroness Pinnock (LD)
I therefore seek assurance that those members of the public—and in some cases members of the council, presumably—would be able to ask for it to be held in person if that was more relevant and appropriate.
Baroness Scott of Bybrook (Con)
That is exactly what I was saying. Although the decision would be made by the inspector, it would be taken only after speaking to the person asking for the inspection, which would be the local planning authority. So it is important that it has a large input into that, just as any appellant in a normal planning appeal would have input into the discussion on how it was going to be dealt with. However, I cannot see a local plan inspection being held online. As I said, as with the current procedure, the appellant will be asked and the council will have a chance to comment on the appellant’s choice of procedure. That is because we need to make sure there is fairness to all parties, but the inspector will have the final decision.
On how Planning Inspectorate meetings, hearings or inquiries differ from local authority meetings—I think that is the question the noble Baroness, Lady Taylor, asked—the measure clarifies the Planning Inspectorate’s existing practice of operating in-person and virtual proceedings as appropriate. This is necessary just to reduce the risk of challenge. We are not changing anything in the legislation; it can do this anyway without us changing anything. That is unlike some local authority meetings; Planning Inspectorate events through hearings or inquiries do not represent decision-making forums but allow interested parties to make representations. Hearings and inquiries enable planning inspectors to gather evidence, which they use to inform their approach to a case with a view to issuing either a decision or a recommendation to the Secretary of State, whereas planning meetings are decision-making meetings.
Baroness Taylor of Stevenage (Lab)
My Lords, regarding Clause 123, we believe that this provision was added to the Bill subsequent to consideration in the other place, so it has perhaps not had the same scrutiny as other parts of the Bill.
Amendment 285AA, moved by the noble Lord, Lord Stunell, seeks to have the status of combined mayoral authority with planning powers added to the list of exemptions. A distinction was drawn previously in your Lordships’ House between the devolution powers conferred on mayors and the legislative powers devolved to Administrations, but what meetings and discussions have been held with devolved Administrations in this respect?
I express our concern, alongside that of the noble Lords, Lord Stunell and Lord Carrington, about the implications of this clause in any case. The noble Lord, Lord Carrington, argues that the clause should not be part of the Bill at all. I can understand this view as in this part of the Bill, as in others, there are very significant powers being taken by the Secretary of State to amend these long lists of 25 pieces of primary legislation, with limited scrutiny or consultation and without reversion to either House. That would give us great cause for concern. I hope that the Minister can respond to this, but we support the clause stand part notice.
Earl Howe (Con)
My Lords, I have listened carefully to the concerns expressed by the noble Lords, Lord Stunell and Lord Carrington, and hope and believe that I can fully reassure them both. I will respond to the noble Lord, Lord Carrington, in a second, but will begin by addressing Amendment 285AA, tabled by the noble Lord, Lord Stunell.
This amendment would restrict the nature of amendments that can be made under the power contained in Clause 123 so that the Secretary of State could not use it in relation to matters within a devolved competence or where a mayor has planning powers. Noble Lords will be aware that under Clause 123(6) any changes made by regulations under this section do not come into effect except where Parliament enacts a relevant consolidation Act and that Act comes into effect. In practice, these regulations will smooth the transition of the law from its current unconsolidated state to its future consolidated state. To do this, they have legal effect for only a moment, immediately before the relevant consolidation Act comes into effect.
Noble Lords will know that consolidation is a highly technical exercise restricted to the clarification and restatement of the existing law. This power is likewise restricted. It cannot be used to change the terms of devolution, nor to interfere in policy matters which are devolved. The power to make incidental provision in relation to a devolved competence is included here to reflect that much of planning and compulsory purchase law pre-dates devolution. Without this power allowing the Secretary of State to disentangle the law in England, we would be unable to ensure that in substance the legal position within devolved competence would be unchanged when the law applying in England was disentangled. In relation to the second—
Baroness Taylor of Stevenage (Lab)
I thank the noble Earl for giving way. The provision in Clause 123(4) says:
“For the purposes of this section, ‘amend’ includes repeal and revoke”.
That sounds like a sledgehammer being used to crack a nut if it is a matter of consolidation.
Earl Howe (Con)
Consolidation in this area of the law is immensely complex. Frankly, we do not know the full extent of the relevant planning provisions that must be considered in any common consolidation exercise because the exercise has not been commenced.
Baroness Hayman of Ullock (Lab)
My apologies, but if it is that complex, is it not more likely that mistakes could be made, making it even more concerning that something could just be repealed or revoked without full comprehension or sufficient time? It is quite concerning.
Earl Howe (Con)
The noble Baroness should not be concerned, if I may suggest, as I shall go on to try to explain, because I have a little bit more to set out for the Committee. The power does not allow the changing of the terms of devolution once given effect in law, nor does it allow any changes to what planning powers can be conferred on any area as part of such a deal.
Finally on the amendment, I reiterate that in relation to the planning powers of mayors, there is no intention to remove the powers of district councils through devolution deals. I therefore hope I have persuaded the noble Lord that, as expressed, the amendment is not necessary.
Lord Stunell (LD)
I thank the noble Earl for taking us through what for some of us is a kind of grade 1 learning experience, which he has dealt with very effectively. I have some considerable concerns which remain. I wonder whether he could go back to a point that he made in response to the noble Baroness a few minutes ago: that it was so complex and there were so many different pieces of legislation that it was not possible to give a list of all the complexities and so on which were involved. He also spoke about trust, and how the whole system might be undermined by opaqueness. If I connect those two remarks, he will perhaps see that to some extent the opacity means that the trust is not present on this side of the Chamber at the moment.
Earl Howe (Con)
I am sorry to hear that. The point I was seeking to make is that the general public need to trust the law and know what the law is, as does anyone dealing with the planning system. That is why the Government’s ambition is to put in train a consolidation exercise, which may take a considerable time. I have been quite frank with the Committee that there are not only 50 Acts that we know about which deal with planning and compulsory purchase, but—as my notes say—innumerable other Acts which cross-reference those 50 Acts. It will require a major legal exercise to bring all the threads together.
I cannot commit to a timescale for consolidation from the Dispatch Box today. There is a large amount of work to do before we can get to that stage and that will naturally have to be balanced against the wider legislative programme. It is for that reason that we are asking for this power to prepare the way—I think that is the best way of putting it—to make the ultimate consolidation a more achievable exercise.
Baroness Taylor of Stevenage (Lab)
I am sorry to keep pursuing this point but it is really very important indeed. Any of us who has worked on this Bill knows the difficulty of how many crossovers there are with other Bills. On the previous group of amendments, from my perspective and I am sure from those of colleagues on these Benches, we ended up referencing back through various Bills to get to the point that the amendments referred to. That does not make life easy, and I am sure it makes it very opaque for professionals and the public trying to deal with the system. That simply underlines yet again, as we have done many times through this process, that a planning Bill might have been a better option to get to the rationalisation of the planning system, but we are where we are with that.
We remain concerned about just how this exercise will be done. Will a whole series of statutory instruments come through? Will it just be for the Secretary of State to make the decisions and then change the legislation—I am not entirely sure how that works in process terms—or will we have a whole other Bill that will be the “consolidation of planning Bill 2025” or something? I am interested as to what the process will be for this, because we have 25 Acts here at least—there are probably more than that, in truth—that need amending.
Earl Howe (Con)
As I said, the exercise is an enormous one. It requires legal brains to get their heads around the statutes before we can even think about putting a consolidation Bill together. I am afraid I cannot be precise in answer to the noble Baroness but I will see whether I can clarify and distil what I have tried to say—obviously not very adequately—by writing to her. I will of course copy my letter to the noble Lords, Lord Stunell and Lord Carrington. In doing so, I hope I can provide complete reassurance about the intent behind these regulation-making powers.
The Earl of Caithness (Con)
My Lords, I have listened with great care to my noble friend. I understand about consolidation and legislation; it is immensely complicated. He used a phrase that I half wrote down—I missed the last bit because I was listening to the next sentence. He said that there is no intention to change. Does that mean that, when my noble friend and my noble friend Lady Scott leave their jobs, the next Ministers could have an intention to change, or does it mean that there will be no change, only consolidation?
Earl Howe (Con)
Consolidation by definition does not extend to changing the policy effect of legislation.
Lord Stunell (LD)
My Lords, I think the noble Earl will have detected a degree of unease right around the Chamber about how this clause will take effect, not just in the course of this Administration but in the hands of a different one at a future date. I have heard the discussion and learned a lot. I will need to read Hansard and the noble Earl’s letter when it comes and take a view on whether this is something to take further forward. In the meantime, I beg leave to withdraw the amendment.
Baroness Scott of Bybrook
“Participation in certain proceedings conducted by, or on behalf of, the Secretary of State(1) The Secretary of State may, to the extent not otherwise able to do so, require or permit a person who takes part in relevant proceedings conducted by the Secretary of State to do so (wholly or partly) remotely.(2) The references in subsection (1) to the Secretary of State include references to a person appointed by the Secretary of State.(3) “Relevant proceedings” means any inquiry, hearing, examination, meeting or other proceedings under an Act (whenever passed or made) which relate to planning, development or the compulsory purchase of land.(4) Relevant proceedings include, in particular—(a) any proceedings to which section 319A of TCPA 1990 applies (see subsections (7) to (10) of that section);(b) any proceedings under section 20 of, or paragraph 6 of Schedule 3 to, the Planning (Listed Buildings and Conservation Areas) Act 1990;(c) any proceedings under section 21 of, or paragraph 6 of the Schedule to, the Planning (Hazardous Substances) Act 1990;(d) any proceedings under section 13A of, or paragraph 4A of Schedule 1 to, the Acquisition of Land Act 1981;(e) any proceedings under Part 10A or Part 11 of the Planning Act 2008;(f) an examination under Part 2 of PCPA 2004;(g) an examination under Chapter 2 or 3 of Part 6 of the Planning Act 2008 (including any meetings under Chapter 4 of that Part) in relation to an application for an order granting development consent;(h) an examination under Schedule 4B to the TCPA 1990 in relation to a draft neighbourhood development order.(5) For the purposes of this section a person takes part in relevant proceedings remotely if they take part through—(a) a live telephone link,(b) a live television link, or(c) any other arrangement which does not involve the person attending the proceedings in person.”Member’s explanatory statement
This amendment inserts a new Clause into Chapter 6 of Part 3 of the Bill. The Clause confers a power on the Secretary of State to require or permit a person who takes part in certain proceedings relating to planning, development or the compulsory purchase of land to do so wholly or partly remotely. The power can be exercised by a person appointed by the Secretary of State and it is intended that the Planning Inspectorate will be appointed for this purpose.
Baroness Scott of Bybrook (Con)
My Lords, I thank noble Lords for that debate. Short it may have been, but it was full of some interesting facts.
Amendment 288 tabled by the noble Baroness, Lady Pinnock, would impose a duty on the Secretary of State to publicly consult on changes to the planning system to establish the impact on women’s safety. The amendment would also require local planning authorities, when determining a planning application for public development, to establish a view on how that proposed development would impact women’s safety.
The Government recognise public safety for all as a priority, and that it is critical that the planning system plays an important part in addressing that effectively in new development. The National Planning Policy Framework is already clear that a council’s planning policies and decisions should aim to create safe and inclusive places for all. It explicitly states that both planning policies and decisions should promote public safety. This is in line with the Government’s strategy on tackling violence against women and girls.
The Government have recently consulted on the proposed approach to updating the National Planning Policy Framework. The consultation acknowledges that this important issue is already addressed within national planning policy. However, it sought views on whether to place more emphasis on making sure that women, girls and other vulnerable groups feel safe in our public places including, for example, policies on lighting and street lighting. As we have heard, the consultation closed on 2 March this year. We expect to consider this subject area in the context of a wider review of the National Planning Policy Framework, to follow Royal Assent to the Bill. The Government will consult on the details of these wider changes later this year, reflecting responses to the prospective consultation.
The supporting planning practice guidance on healthy and safe communities spells out that planning provides an important opportunity to consider the security of the built environment and those who live and work in it. This specifically references Section 17 of the Crime and Disorder Act 1998, which requires all local, joint and combined authorities to exercise their functions to do all that they
“reasonably can to prevent … crime and disorder”.
Wednesday 3rd May 2023
(1 year, 7 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-XII(a) Amendment for Committee (Supplementary to the Twelfth Marshalled List) - (3 May 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, Amendment 292, tabled by the noble Lord, Lord Carrington, would place a new statutory duty on all acquiring authorities to act fairly towards anyone involved in the compulsory purchase process and would require the Secretary of State to issue a compulsory purchase code of practice setting out how the statutory duty to act fairly must be discharged by acquiring authorities.
I assure noble Lords that the Government understand the concerns raised on ensuring there is a fair balance between the interests of a body exercising compulsory purchase powers and the person whose interests are being compulsorily acquired. Used properly, compulsory purchase powers can contribute to effective and efficient regeneration, essential infrastructure, the revitalisation of local areas and the promotion of business leading to improvements in quality of life and the levelling up of communities. However, acquiring authorities should only use compulsory purchase powers where there is a compelling case in the public interest and the use of the powers is clearly justified. The justification for a CPO must provide sufficient evidence to demonstrate that the benefits of the compulsory acquisition of land outweigh the harm to any individuals. It is for the acquiring authority in each CPO to determine how best to do this.
The Government’s guidance on compulsory purchase is clear that negotiations should be undertaken by acquiring authorities in parallel with preparing a CPO to build relationships and demonstrate that the concerns of landowners and further claimants are treated with respect. The guidance sets out that a benefit of an acquiring authority undertaking early negotiations is to identify what measures it can take to mitigate the effects of the scheme on landowners. It also requires that, when making and confirming an order, both acquiring and authorising authorities should be sure that the purposes for which the CPO is made justify interfering with the human rights of those with an interest in the land affected. For these reasons, the Government consider the proposed duty is unnecessary. The existing compulsory purchase legislative and policy framework has safeguards in place to protect individual interests and ensure a fair balance is maintained between an acquiring authority and the person whose land is being acquired.
Amendment 410, tabled by the noble Baroness, Lady Taylor of Stevenage, would insert a new subsection into Clause 165 to provide that the Secretary of State may define by regulations the meaning of “regeneration” in new Section 226(1B) of the Town and Country Planning Act—inserted by Clause 165—providing that local authorities have been consulted. I thank the noble Baroness for raising this constructive amendment as it allows me to clarify to the House the reason for the introduction of Clause 165 of the Bill.
Local authorities have a wide range of existing powers to compulsorily acquire land in support of their functions. Clause 165 adds “regeneration” to the planning compulsory purchase power under the Town and Country Planning Act to put it beyond doubt that local authorities can use these powers for development with a clear regeneration benefit. The Government are making it clear through Clause 165 that local authorities’ existing planning compulsory purchase powers for facilitating development, redevelopment and improvement also include regeneration activities. The term regeneration is not specifically defined in legislation to not overly restrict use of the broad planning compulsory purchase power.
However, the Government’s guidance on compulsory purchase indicates how regeneration can be achieved through CPOs: for example, bringing land and buildings back into effective use; encouraging the development of existing and new industry; creating attractive environments; and ensuring that housing and social facilities are available to encourage people to live and work in the area.
The Government believe that setting out in regulations a definition of the meaning of regeneration risks unnecessarily constraining and narrowing use of the planning compulsory purchase power, which could limit its effectiveness for local authorities. This would run contrary to the Government’s objective of encouraging use of CPO powers by local authorities where there is a compelling case in the public interest to bring forward development, including for housing, regeneration and infrastructure. I trust I have given the Committee reassurance that the purpose of Clause 165 is to provide local authorities with suitably broad compulsory purchase powers enabling the delivery of regeneration benefits.
Amendment 411, tabled by the noble Baroness, Lady Bennett of Manor Castle, would insert a new clause which would amend Section 226(1) of the Town and Country Planning Act to extend use of the CPO power under that section to where a local authority wishes to compulsorily acquire land to facilitate the provision of affordable housing or social housing. I thank the noble Baroness for bringing this amendment. As alluded to in my response to the previous amendment, local authorities have a wide range of existing powers to compulsorily acquire land to support their functions, and Clause 165 of the Bill is making it clear that the CPO power under Section 226 of the Town and Country Planning Act may be used for regeneration purposes too.
Use of this extended power by local authorities could, among other things, involve the construction of affordable or social housing forming part of a large-scale regeneration scheme or the reconstruction of buildings to deliver affordable or social housing. Local authorities also have compulsory purchase powers available to them under the Housing Act 1985. These powers may be used to compulsorily acquire land, houses or other properties for the provision of housing accommodation which must achieve a quantitative or qualitative housing gain. This could include, for example, the provision of affordable or social housing.
I hope I have given the Committee reassurance that Clause 165 of the Bill gives local authorities a broader compulsory purchase power which may be used to facilitate affordable or social housing forming part of a regeneration scheme. Also, local authorities already have powers available to them to compulsorily acquire land or properties to support their housing functions.
Amendment 412, tabled by the noble Baroness, Lady Taylor of Stevenage, would insert a new clause which would add a new subsection to Section 226 of the Town and Country Planning Act. I thank the noble Baroness for raising this amendment as again it allows me the opportunity to outline to the House the existing compulsory purchase powers available to local authorities to increase the number of residential properties in their areas. As I have said, under the Housing Act 1985 local authorities have specific compulsory purchase powers which, when used, must achieve a quantitative or qualitative housing gain in their areas. These powers may be used by local authorities to compulsorily acquire land, houses or other properties for the purpose of increasing housing accommodation in their areas.
Under the Town and Country Planning Act, local authorities have further compulsory purchase powers to deliver a range of types of development and infrastructure. Requiring local authorities to deliver replacement and extra housing in addition to the main purpose for the compulsory purchase is likely to increase the costs of providing essential infrastructure and beneficial development. This will discourage the use of compulsory purchase and run contrary to the Government’s objective of encouraging use of CPO powers by local authorities where there is a compelling case in the public interest to bring forward development, including, as I say, for housing, regeneration and infrastructure. I hope I have given the Committee reassurance that local authorities already possess specific compulsory purchase powers for the purpose of increasing the quantity and quality of residential development in their areas.
I move now to the question of whether Clause 174 should stand part. Perhaps I could begin by directing the Committee’s attention to the provisions of Clause 174 in the round, which are in the technical area of compulsory purchase compensation, and to respond to concerns raised by the noble Lord, Lord Carrington. The Land Compensation Act 1961 contains the principal rules for assessing compulsory purchase compensation. Under the current rules, when assessing the open market value of land to be acquired, there are statutory assumptions which must be taken into account. This includes discounting the effect of the compulsory purchase scheme, known as the no-scheme principle. The landlord receives a value for the land which they would have received if the CPO and associated investment had not existed. The Government want to ensure that the improvement of land enabled by a transport project is equally able to benefit from the definition of the scheme under Section 60 of the 1961 Act and the scope of the no- scheme principle, as the regeneration and redevelopment of land currently can. There is no reason why the improvement of land should be excluded from the scope of this definition, and the Government are seeking to achieve this through Clause 174.
Clause 174 amends Section 6D of the 1961 Act by inserting a definition of development which includes redevelopment, regeneration and now the improvement of land. The change further aligns the wording of Section 6D with the amendment the Government are making to local authority CPO planning power under Section 226 of the Town and Country Planning Act 1990, at Clause 165, for English local authorities to use consistent terminology. I understand government officials have met the noble Lord, Lord Carrington, to discuss his concerns with Clause 174, and I hope my explanation of the clause’s purpose has given the Committee reassurance that its focus is on the consistent application of the statutory no-scheme principle to the improvement of land, alongside the redevelopment and regeneration of land.
I move now to the question of whether Clause 175 should stand part. Clause 175 is another clause in the technical area of compulsory purchase compensation. As I outlined in my response to the noble Lord, Lord Carrington, on the previous amendment, the Land Compensation Act 1961 contains the principal rules for assessing compulsory purchase compensation. Under the current rules, when assessing the open market value of land to be acquired, there are statutory assumptions which must be taken into account. Not only does this include discounting the effects of the compulsory purchase scheme, known as the no-scheme principle, but it requires that the planning prospects of the land being acquired must be considered. One method of assessing the planning prospects of land is to establish appropriate alternative development; namely, development which would have got planning permission if the acquisition of the land through compulsory purchase was not happening. Where appropriate alternative development is established, it may be assumed for valuation purposes that planning permission is in force. This is known as the planning certainty, and, assuming the value of the appropriate alternative development is greater than the existing use value, it creates an uplift in the value of the land.
The 1961 Act allows parties concerned with the compulsory purchase to apply to a local planning authority for a certificate to determine whether there is development which, in its opinion, would constitute appropriate alternative development. These certificates, known as CAADs, are used as a tool to establish whether there is an appropriate alternative development on the site, and thus planning certainty for valuation purposes—namely maximum uplift in value attributed to the certainty that development would be acceptable and granted permission in the no-scheme world. Under current rules, there is no requirement to apply for a CAAD to establish planning certainty and secure any resulting uplift in the value of land. The purpose of Clause 175 is to ensure that the compulsory purchase compensation regime does not deliver elevated levels of compensation for prospective planning permissions, which would result in more than a fair value being paid for the land.
The Earl of Caithness (Con)
My Lords, I am grateful for that very full reply from my noble friend, which I will want to read, but a number of points in it concern me. I hope that she will find time for a meeting between now and further stages, because there are some quite serious issues which are unclear.
My noble friend was absolutely right when she spoke about the need for the local authority to build relationships. All I can say to her is that these proposals are shattering relationships. A lot of work will have to be done to try to get them back.
Does a CPO override a conservation covenant? If my noble friend has a conservation covenant on her stud with her horses and the local authority wants to pinch a bit of land with state theft for some affordable houses, who is going to win? Perhaps she might have to write to me on that one. I have some more questions—
Baroness Scott of Bybrook (Con)
I just want to make sure that the Committee knows I own no land and rent no land. Certainly, on a question such as that, I would rather give a written answer to my noble friend.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, the noble Baroness, Lady Young of Old Scone, has introduced these two amendments very clearly. I will be brief.
The green belt is seen by most of the population as an excellent example of green space in which to relax and enjoy the fresh air, and a place where they can, if they are quiet and careful, spot some of our indigenous wildlife. As the noble Baroness, Lady Willis of Summertown, said, just the sight of green space is good for us. However, all is not well with the green belt. The percentage of green belt in England that also has a statutory nature designation, such as SSSI, SPA/SAC, LNR or NNR is only 5.44%; the percentage that also has a statutory landscape designation, an AONB in England, is 9.26%; and the percentage of the green-belt land in England without either statutory landscape or nature designation is 86.67%. This last figure takes account of the same areas with both landscape and nature designations. It is easily seen that little of the green belt has any real protection. I am grateful to Wildlife and Countryside Link for this information.
The green belt should be a community asset. It has been enjoyed for generations. During my childhood I lived in Bristol, on a new housing estate erected in haste to replace those dwellings bombed during the war, when there was a desperate need for new housing. Our back garden ran up to the edge of the green belt, as did the gardens of our neighbours. In Bristol as children, we could play games, have impromptu picnics, play hide and seek and build dens in the scrub woodland that went around the corner and covered a quarter of the area. In the winter, we could take our tin trays and toboggan down the snowy slopes. In summer, there would be bees buzzing around the clover flowers, slow-worms on the edges of the scrub woodland and mice scuttling around under the bushes; birds would steal blackberries in the autumn. The green belt is an asset that needs to be preserved for future generations of children to enjoy in both inner-city and rural areas, and to increase biodiversity, as the noble Baroness, Lady Willis, said.
Amendment 295 comprehensively defines the purpose of green belts. I will not detain the Committee by repeating the list, with which I completely agree. Where green belts are preserved and accessible to local communities, they improve the physical and mental health of those communities. Amendment 312E in the name of the noble Baroness, Lady Hayman of Ullock, and introduced by the noble Baroness, Lady Taylor of Stevenage, requires the Secretary of State to report on legislation in relation to green-belt land and to lay this report before Parliament. The noble Baroness, Lady Willis of Summertown, has spoken eloquently on this especially important amendment, and I support her comments and the aims and ethos of Amendment 312E.
I accept completely that there are competing needs on green-belt land around cities, but we need to find different ways of preserving the green belt and providing housing. Not all housing should be in the cities: as many people will know, I have long been an advocate of a rural strategy that makes absolutely certain that there is organic growth of housing in rural areas. That said, the noble Lord, Lord Lansley, has given some excellent examples of the benefits of reviewing the green belt. The green belt and the widening of its objectives are important and should be brought into statute and given teeth, as has been said.
Earl Howe (Con)
My Lords, it is a pleasure to respond to the noble Baroness, Lady Young of Old Scone. She and I go back a long way to the days when I was a Minister in MAFF and she was chief executive of the RSPB. A photograph of a stone curlew used to sit on my ministerial desk. I pay tribute to her as a staunch defender of the natural environment over many years, including in her current role as chair of the Woodland Trust.
I turn to her Amendment 295, alongside Amendment 312E in the name of the noble Baroness, Lady Hayman of Ullock. Amendment 295 seeks to transpose the existing purposes of green belt land from the National Planning Policy Framework into statute. It would also add new purposes in regard to climate change, biodiversity, natural capital and public access. Amendment 312E seeks to probe the possibility of introducing legislation in relation to the green belt.
Although I entirely understand the sentiment behind these amendments, the government view is that these matters are best dealt with in national planning policy rather than legislation. National planning policy already sets out the purposes of the green belt. Such land is vital for preventing urban sprawl and encroachment on valued countryside, while enabling towns and cities to grow sustainably. National planning policy includes strong protections to safeguard this important land for future generations and these protections are to remain firmly in place.
For example, national policy is already clear that the green belt can and should support public access and that opportunities for greening should be taken. The noble Baroness, Lady Willis of Summertown, mentioned that there is already provision to say that a local authority should not propose to alter a green belt boundary unless there are exceptional circumstances and it can show, at examination of the local plan, that it has explored every other reasonable option. That, I suggest, is a strong protection.
Another example is our recent consultation on reforms to the National Planning Policy Framework. We proposed new wording on green belt boundary policy, as mentioned by my noble friend Lord Lansley. Our proposed changes are intended to make clear that green belt boundaries are not required to be reviewed and altered if this would be the only means of meeting objectively assessed housing need over the plan period. We are currently analysing consultation responses. He questioned the utility of that change. My understanding is that in the current wording of the framework there is a straightforward permissive power for local authorities with regard to green belt boundaries. The wording is not slanted either way. We think it could be beneficial to slant it in the way the consultation proposes. I do not agree that it would absolve local authorities from achieving sustainable development.
Incidentally, my noble friend Lord Lansley asked about the existing boundaries within the definition of national development management policy. We have been clear about what aspects of current policy would be a national development management policy. The decision-making parts of current policy, such as that on the green belt, would form the basis of NDMPs. The Government have also committed to consulting on amendments to national planning policy to reflect the commitment in the levelling up White Paper to bring forward measures to green the green belt, so that it can better fulfil its potential as land of scenic, biodiversity and recreational value, as well as checking urban sprawl.
Some powerful points have been made in this debate, not least by the noble Baronesses, Lady Young of Old Scone, Lady Taylor and Lady Willis of Summertown, about the green potential of green belt. We are working with Defra, Natural England and others to consider how local nature recovery strategies can benefit green belt and other greenfield land to improve people’s access and connection to nature, and to maintain and restore habitat, wildlife populations and woodland. All this is work in progress and I do not want to pre-empt the outcome of our consultation on the detail of the green belt policy in the framework.
I appreciate that the noble Baroness, Lady Young, was hoping for greater certainty at this point, or at least the prospect of it; however, I cannot provide that today for the reasons I have given. Nevertheless, I hope that what I have said will give her enough reassurance that the Government are committed to consulting on giving the green belt a greener purpose and that she will be content to withdraw her amendment on that basis. Equally, I hope that the noble Baroness, Lady Taylor, will not move her amendment when we reach it.
Baroness Young of Old Scone (Lab)
I thank all noble Lords who have spoken in this important debate. At least, I think I thank them all. There are one or two I probably do not agree with. The noble Lords, Lord Lansley and Lord Young of Cookham, amply showed how the polarisation argument about green belt is quite corrosive. It cannot be either/or; it has to be both. We have very little land in this country and we are asking more and more of it, so we have to find ways to meet all the needs for land effectively. That is the subject of another amendment that I have tabled to the Bill. In particular, I hope I misunderstood the noble Lord, Lord Young of Cookham, who seemed to imply that if green belt did not meet the broader criteria, other than just urban sprawl reduction, that was a good reason for building on it. In my view, we should be asking: how do we get this land, which is primarily for the purpose of restraining urban sprawl, also to do other things while it is at it?
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, this group of amendments deals with tree preservation orders and would extend their scope and strength. TPOs are an important tool to support tree protection and need to be strengthened in order to be effective. The noble Baronesses, Lady Young of Old Scone and Lady Taylor of Stevenage, have spoken eloquently to the amendment.
Despite a well-established tree protection system, most of our ancient trees have no legal protection. Perhaps now is the time for ancient trees to have the same protection as our old buildings and other endangered wildlife. The use of TPOs around the country is very patchy: some councils, such as City of London and Blackpool, have fewer than 40 TPOs in place, whereas around 50 councils report over 1,000 TPOs, including eight with over 2,000 TPOs. Trees are an essential asset, especially in urban areas, and need to be treated with greater respect.
The amendments in the name of the noble Baroness, Lady Young of Old Scone, cover: penalties for non-compliance in Amendment 296; the meaning of “amenity” in Amendment 297; TPOs being in the public interest in Amendment 298; removing the exemption of dead and dying trees in Amendment 299; and, lastly, consultations on TPOs in Amendment 301. I support all of them. Where trees have died or are dying, I support, in general, their retention. As such, they will become homes for wood-boring insects, and nest sites for birds and smaller mammals. I do, however, add the caveat that where a tree that has died has been assessed as likely to be a danger to the public, perhaps some of the upper branches should be removed to make it stable and the lower limbs and trunks left to decay naturally.
How often have we seen councils announce that they are cutting down trees to make way for some new road improvement scheme or other facility? The public, quite rightly, rise up in protest. How much better it would be if all councils and authorities, where they are planning schemes, consult with the public and take the public with them. Perhaps with a little tweaking, their plans could be amended to ensure the retention of trees, whether ornamental or traditional species.
Trees are the green lungs of our urban and inner-city areas. They provide roosts and nesting sites for birds; their branches provide shade and a cool breeze on a summer’s day; and they hold 30% of carbon storage. We fully support this suite of amendments and look forward to the Minister’s comments.
Earl Howe (Con)
My Lords, I thank the noble Baroness, Lady Young of Old Scone, for proposing this group of amendments, all of which are related to the protection of trees. I should start by saying that as a member of the Woodland Trust, and as an owner of woodlands myself, which are interests I should declare, I have sympathy with the spirit of these amendments. I shall, however, attempt to persuade the noble Baroness that they are unnecessary or, in some cases, undesirable.
First, Amendment 296 seeks to make all offences of contravening a tree preservation order or tree regulations subject to an unlimited maximum fine. I understand the sentiment behind this proposal. It is right that there needs to be a credible threat of significant fines if we want to protect the trees that we most cherish. However, I think there is an important distinction between deliberate damage to a tree, leading to its total destruction, and, for example, the loss of a single branch, where the tree itself survives. Our current approach to fines recognises this difference. Wilful damage leading to the destruction or likely destruction of a tree is punishable by an unlimited fine, and there are examples of the courts handing down significant fines. Less serious offences—for example, where someone prunes a tree and is perhaps unaware that it is protected by a tree preservation order—are subject to a lower maximum fine of up to £2,500.
I firmly believe that the current approach is the right one. It is proportionate and fair, and provides a clear steer to the courts. For these reasons, I am afraid I am not able to support this amendment.
I turn to Amendments 297 to 299. Amendment 297 would provide a definition of “amenity” for tree preservation orders. Amendment 298 would make it clear that local planning authorities may utilise tree preservation orders proactively and where there is no indication of an intent to undertake works to a tree. Amendment 299 would maintain protections for dead trees and ensure that they remain eligible for tree preservation orders.
The Government recognise the need to protect and enhance biodiversity through the planning system, and trees are central to this. I agree with the noble Baroness that tree preservation orders are important tools. Local planning authorities may now use them, as she recognised, to protect selected trees and woodlands if their removal would have a significant negative impact on the local environment and its enjoyment by the public. This gives local planning authorities scope to protect the trees important to their communities, whether for amenity or for wider reasons.
The making of tree preservation orders is discretionary and local planning authorities may confer this protection where there is a risk or an emerging risk of damage to trees. So I argue that it is unnecessary to make an amendment to the Town and Country Planning Act 1990 to ensure their proactive use. Perhaps the fact that I am putting that on the record will be helpful.
I turn to the definition of “amenity”. There is already a wide definition within the tree preservation order regime of the concept of amenity. The meaning of amenity is deliberately not defined in statute, so that decision-makers can apply their full planning judgment to individual cases. The term is, however, already well understood and applied to a wide range of circumstances, with the planning practice guidance already being clear that the importance to nature conservation or responding to climate change may be considered.
Changing the meaning of amenity in the way proposed could lead to uncertainty for considering tree preservation orders and risks unintended consequences more generally in the planning system. Tree preservation orders protect living trees; they do not protect dead trees. It is important that dead trees are exempt from orders, as urgent works may need to be taken where dead trees pose a risk. In particular, for group and woodland tree preservation orders, diseased trees can pose biosecurity risks. Ash dieback is a classic example in which you absolutely have to be proactive. I speak from very recent personal experience. Preventing the spread of disease from dying trees is often very important. There can often also be an urgent need to protect the public, as the noble Baroness, Lady Bakewell, said.
Looking at the wider picture, tree preservation orders are only one of the tools we have to ensure these invaluable assets are protected. For example, our already strong protections for biodiversity in the planning system give consideration to the preservation and value of trees. We are also taking significant further steps to improve outcomes for biodiversity in the planning system through the 10% biodiversity net gain requirement in the Environment Act 2021. This will make trees of value to development, given the significant biodiversity value they bring. This will help ensure that trees are seen as integral to development as opposed to a barrier to it. Therefore, while I appreciate the spirit of these amendments, I am not able to support them, bearing in mind the breadth of protections that trees are already afforded. I hope I provided enough reassurance for the noble Baroness not to move these amendments when they are reached.
Amendment 301 seeks to introduce a requirement for public consultation prior to a local planning authority deciding to revoke a tree preservation order. The existing revocation process, as set out in the tree preservation regulations, is long established. Among other matters, it requires a local planning authority to notify persons interested in the affected land that an order has been revoked.
While the current legislation does not require public consultation, in practice I expect that local planning authorities would want to engage and consult with interested parties before reaching their decision. Our planning practice guidance makes clear that this option is open to them. The current approach to the revocation of tree preservation orders is squarely in line with revocation processes in other parts of the planning system, for example, where a local listed building consent order is revoked.
In summing up, I hope I have provided reassurances to the noble Baroness, Lady Young, and that she will be content to withdraw Amendment 296 and not move her other amendments in this group when they are reached.
Baroness Young of Old Scone (Lab)
My Lords, I thank noble Lords who have taken part in this debate, and I will just make a couple of points to the Minister.
The mood music around TPOs is really important. There is guidance, as the Minister has said, on revocation, but its implementation is very patchy across the country. The definition of who is interested in the land can be interpreted very narrowly so that the folk who are clearly interested—local residents on a wider basis—are often not informed about revocations. That is just one example of where these amendments intend to demonstrate that the Government are serious about TPOs and want to create a different mood music around them.
In terms of dead and dying trees, local authorities currently move very rapidly to remedy, for example, trees that are coming into a dangerous condition and need to be felled. Those of us who have got ash dieback know that they can move very rapidly on that. I do not think there is a real problem around saying that TPOs must be strengthened because there is disease. What we want for TPOs is a presumption for retention of trees, rather than the possibility of both revocation and removal of dead and dying trees. I am obviously not of the same mind as the Minister.
I will make a slightly barbed political point. I do not know whether there are any friends of the Conservative leader of Plymouth council in the Chamber. He must be rather regretting that he was not strenuous about the observation of tree protection orders, since he lost his job over the recent debacle of the illegal felling of trees in Plymouth. So I urge the Government to recognise that the public, bless their hearts, have the bit between their teeth on this. Unless the Government demonstrate that they recognise that there is a point, and unless they make some movement towards finding ways of enabling the public to be more effectively involved and to feel that TPOs are a stronger protection, this could happen again and again.
Earl Howe (Con)
I am grateful to the noble Baroness for giving way. It might be helpful if I write her a letter to follow up this debate, picking up some of her points, now and in her opening speech, that I may not have picked up in my response.
Baroness Young of Old Scone (Lab)
I thank the Minister for that, and I look forward to his letter. I beg leave to withdraw the amendment.
The Lord Bishop of St Edmundsbury and Ipswich
My Lords, I too add my support for the amendment from the noble Baroness, Lady Young, and pay tribute to the work she has done in this area. I declare an interest as someone who grows trees and has contributed to the green canopy project in Suffolk. We managed to plant 1.3 million trees under that auspice, which was more than a third of the national total. We were completely committed through various networks of people to this and, indeed, to the preservation of ancient woodlands.
Two things have struck on listening to the discussion of the various amendments on this issue. First, I was struck by the statement from the noble Baroness, Lady Young, about the presumption of retention. That led me to think that there are some underlying principles which might join up our planning, environmental aims and building aims, where clearly things are in conflict. If we could establish some overarching principles, we might be able to work more closely together on achieving what we all desire. A specific example concerning ancient woodlands is Hintlesham Woods in Suffolk. which was under threat from the National Grid, which was going to put pylons across it. Working together, the Suffolk Wildlife Trust, the Woodland Trust and the RSPB engaged in a process whereby the National Grid had the consultation it should have had and shifted the route, so that it bypassed the woodland and the woodland was saved. That would have happened as a matter of course if the presumption for consultation had been enshrined.
I fully support this amendment, because we need to ramp up the protection for trees across all these areas for the sake of our environment, and to do so in consultation with our planning aims and environmental aims.
Earl Howe (Con)
My Lords, Amendment 300 in the name of the noble Baroness, Lady Young of Old Scone, would require within three months of the Bill achieving Royal assent the implementation of the Government’s commitment to amend the Town and Country Planning (Consultation) (England) Direction 2021 so that local planning authorities must consult the Secretary of State if they want to grant planning permission for developments affecting ancient woodland. Let me first make clear to the noble Baroness and to all noble Lords who have spoken that we are committed to reviewing the direction to require authorities to refer applications if they are minded to grant permission for developments affecting ancient woodland.
As the noble Baroness knows, the direction is a strategic tool aimed at ensuring the right applications are captured. Noble Lords will be aware of consultation which has taken place recently on changes to the National Planning Policy Framework, which I mentioned earlier. It may be helpful for context if I say that there are other requests being made for inclusion in the direction. We really need to amend it in a managed way, capturing all the issues to provide clarity and stability to authorities, developers and others.
The noble Baroness is a resolute campaigner on these issues, and, indeed, referred to herself “banging on” about them in the House last year. She does so extremely effectively and long may that last, but in this instance I cannot give my support to the hard deadline she seeks, as it is important that the direction be updated in a coherent and managed way. I realise I am asking the noble Baroness to be patient for a while longer, but I hope she will be content to withdraw her amendment on that basis.
Baroness Young of Old Scone (Lab)
I thank noble Lords for the support they have shown for this amendment. We have to remember that less than 2% of ancient woodland remains in this country. We are right on the brink, being down to such a small number of fragments that are, in many cases, increasingly unviable, so it is a real and pressing issue. The Minister has asked me to have patience. I am glad he was able to restate the commitment to the amendment to the direction, but my attitude to being asked to be patient will depend on how long that patience has to last. I wonder whether he can say how long it will have to last, because it has lasted now for a year and a half. If it were another year and half, I think I might have run out of patience. I do not know if I can press him now to say when the amendment might emerge. I very rarely read in Hansard how wonderful the Government have been, but I would commit to saying how wonderful they are if the Minister can tell us when this change to the direction might happen.
Earl Howe (Con)
My Lords, nothing would give me greater satisfaction than to be able to tell the noble Baroness but, having asked this question myself, I fear I cannot give a definite timescale at the moment. I am sorry for that.
Baroness Young of Old Scone (Lab)
On that basis, I do not think I can guarantee not to come back on Report with something on this, but in the meantime, I beg leave to withdraw the amendment.
Lord Bellingham (Con)
My Lords, I rise very briefly to support my noble friend Lord Northbrook. It is a very simple and straightforward amendment, but it raises some important principles. As my noble friend pointed out, the BSI is a well-resourced organisation—a commercial, not-for-profit body established under royal charter. I had a look at its website, although I did not look at its accounts. It would be wrong to say that it is awash with money, but it has plenty of money to carry out the excellent work it does on behalf of many different parts of industry in our society. There is no reason whatever why it cannot publish these matters, and it would make a huge difference to residents to be able to know exactly what is going on.
Maybe the Minister can look at one particular point —my noble friend did not mention this, though he mentioned a number of other bodies that are mentioned in statute and different legislation that do make reports and other information available free of charge. I gather that in Ulster such documents are online completely free of charge, and that is a precedent that our Government could follow.
I hope that if the Minister cannot promise to accept the amendment, she will at least undertake to talk to the British Standards Institution about this, because it is a problem that could be solved very easily.
Baroness Scott of Bybrook (Con)
My Lords, Amendment 311 in the name of my noble friend Lord Northbrook would require the Government to make all standards that relate to all planning Acts, or local authority planning policy, online and free of charge.
Our national standards body, the British Standards Institution or BSI, publishes around 3,000 standards annually, and these standards are the product of more than 1,000 expert committees. The BSI is independent of government and governed by the rights and duties included in its royal charter. This includes the obligation to set up, sell and distribute standards of quality for goods, services and management systems. About 20% of the standards produced are to support the regulatory framework. This will include a minority of standards made to support planning legislation and local authority planning policy.
To ensure the integrity of the system and support the effective running of the standards-making process, the funding model relies on the BSI charging customers for access to its standards. As a non-profit-distributing body, the BSI reinvests its income from sales in the standards development programme. In some circumstances, the Government will fund BSI standards to make them available. For example, last year the then Department for Business, Energy and Industrial Strategy made available 100,000 copies of one of the energy management systems standards to UK SMEs.
I hope that this provides sufficient reasoning for my noble friend Lord Northbrook to withdraw his amendment. I am very happy to discuss this further with noble Lords and the BSI.
Lord Foster of Bath (LD)
My Lords, I will be very brief. I speak only because of the words of the noble Lord, Lord Bellingham, just now. Like him, I am very keen to see, and as a Minister had some responsibility for, the improvement of high streets. The noble Lord is quite right that on a high street these changes could take place without the significant problem to local residents that he described might happen in a more residential area.
We are very supportive of the principle of Amendment 312, but I say very gently to the Minister that if, as I suspect, she is going to suggest that there is no need for this amendment, I would encourage her to remind herself of the earlier debate on the agent of change principle. That too was apparently not necessary. Frankly, it seems that one or the other will be necessary in the circumstances that the noble Lord, Lord Bellingham, described in a residential area. We need either a separate use classification or the agent of change principle to give local residents that protection.
Baroness Scott of Bybrook (Con)
Amendment 312, in the name of my noble friend Lord Northbrook, seeks to prevent the movement of premises being used as shops, banks, gyms, offices et cetera within (a) and (c) to (g) of class E to be used instead as cafés or restaurants in (b).
I take this opportunity to make clear to noble Lords that vibrant and diverse high streets and town centres are vital to communities, as places where local people shop, use services and spend their leisure time.
The Government introduced the commercial business and service use class in 2020 to support our high streets and town centres, enabling them to respond quickly to changes in consumer demands. This use class includes a wide range of uses commonly found on our high streets, such as shops, banks and offices, as well as services such as creches and health centres. Movement between uses within the class does not constitute development and therefore does not require planning permission. Thus, this class provides flexibility to move between such uses and allows for a mix of such uses to reflect changing retail and business models, and to avoid premises being left empty.
We believe that restaurants and cafés are an important part of our high streets and town centres. Such uses support high street vitality, attracting people to the high street to shop and spend their leisure time, and we would not want to limit them. My noble friend’s amendment seeks to restrict the flexibility of premises within the commercial, business and service use class to be used as cafés or restaurants. However, a permitted development right cannot be used in this way to limit movement within this use class. The legislative approach of this amendment is therefore flawed and we are unable to support it.
I turn next to Amendment 312F in the name of the noble Baroness, Lady Taylor of Stevenage, which seeks to require the Secretary of State to publish a review, within 12 months of the Bill achieving Royal Assent, of all permitted development rights. Permitted development rights are a national grant of planning permission that allow certain developments, including building works and changes of use, to be carried out without an application for planning permission having to be made. Permitted development rights have been a well-established part of the planning system for many years, supporting homeowners and businesses. In recent years, new permitted development rights have been used to support housing delivery. The rights are helping deliver much-needed additional new homes, including more than 94,000 homes in the seven years to March 2022.
In response to comments about the quality of some of the homes delivered, we commissioned research into the operation of the rights, published in July 2020. We subsequently legislated to ensure that all new homes delivered under permitted development must, as a minimum, meet the nationally described space standards and have access to adequate natural light in all habitable rooms. In addition, the current consultation on the infrastructure levy seeks views on the circumstances in which it may be appropriate to apply the infrastructure levy to permitted development.
We continue to keep permitted development rights under review, so this amendment is not necessary. It would also be impractical, as it would require a disproportionate review of 155 separate permitted development rights, all within the 12 months proposed. On these grounds, we will not be able to give this amendment our support.
Baroness Taylor of Stevenage (Lab)
I am grateful for the response, but it seemed a bit equivocal around permitted development rights and the infrastructure levy. Can the Minister give us some more clarity? Is it under consultation still? One of the important problems with permitted development is that is has not attracted any infrastructure support whatever or any percentage of affordable housing. For example, if an office building is converted into luxury flats, there is no infrastructure provided and no requirement to provide affordable housing that sits alongside it. This is a very important message for the infrastructure levy that it should incorporate permitted development.
Baroness Scott of Bybrook (Con)
It is in the current consultation. I assure the noble Baroness that we will be taking account of the consultation responses on this.
I turn next to Amendment 312J, in the name of the noble Baroness, Lady Hayman of Ullock, which seeks to require the Secretary of State, within 60 days of the Bill achieving Royal Assent, to make a statement on the use of Article 4 directions by local authorities, and to explain the reasoning behind occasions when they may be modified by the Secretary of State and their resulting consistency.
It may be helpful if I briefly explain Article 4 directions. Permitted development rights are a national grant of planning permission. These allow certain building works and changes of use to be carried out without having to make an application for planning permission. Where it can be clearly evidenced that a permitted development right will cause unacceptable harm to a particular area, local authorities can make an Article 4 direction. This stops development proceeding under the permitted development right and requires that a planning application is submitted.
While Article 4 directions are consulted on and made locally, the Secretary of State has the power to modify or cancel an Article 4 direction. He will intervene where he considers that there are clear reasons for doing so, most particularly where he considers that they do not comply with national policy, as set out in paragraph 53 of the National Planning Policy Framework. This policy requires that all Article 4 directions should cover the smallest geographic area possible. Where they relate to a change from non-residential to residential use, they should be made only to avoid wholly unacceptable adverse impacts. All other Article 4 directions should be necessary to protect local amenity or the well-being of an area. Local authorities must notify the Secretary of State when they make an Article 4 direction.
When it is considered that an Article 4 direction as made by a local authority does not comply with national policy, officials have worked with the local authority to agree a revised Article 4 direction. Between 1 July 2021, when there was a change in national policy, and 3 May 2023, modifications have been made to Article 4 directions from 10 local authorities to ensure that they comply with national policy. I hope that noble Lords will be reassured that there is consistency in Article 4 directions that is ensured by the statutory process, policy and guidance. The Secretary of State exercises his power to intervene where there are clear reasons to do so, and in a consistent and measured way. With these reassurances, I hope that noble Lords will agree that Amendment 312J is not necessary.
To conclude, I hope that I have said enough to enable my noble friend Lord Northbrook to withdraw his Amendment 312 and for the other amendments in this group not to be moved when reached.
Lord Northbrook (Con)
My Lords, I listened carefully to the Minister’s reply. I should like to say straightaway that I applaud the useful overall relaxation in permitted development rights. I take her point and that of my noble friend Lord Bellingham that there could be problems in high streets with my proposed permitted development BB1. I still believe that in residential areas it is important to propose change. I am noting some support from the Benches opposite. I should like maybe to recraft the amendment so that perhaps residents’ associations could have a say in residential areas.
Baroness Twycross (Lab)
My Lords, I declare an interest as London’s Deputy Mayor for Fire and Resilience and chair of the London Resilience Forum. I just want to say, briefly, that I completely agree with my noble friend Lord Kennedy, particularly on Amendment 504E. I got quite excited when he showed it to me. If an amendment can be described as exciting, this one would match that criterion.
An office for risk and resilience would provide a focus and play an invaluable part in ensuring that this country is better prepared to deal with the many risks we face, not least in relation to climate change. If we need to do anything through this legislation, it is to ensure that the buildings and infrastructure being built now are still fit for purpose in a decade, two decades or 50 years’ time. At the moment, we cannot guarantee that this is the case. We should note that resilience is particularly relevant to the concept of levelling up, as inevitably those individuals or institutions with better resources are inherently more resilient. I urge the Minister and the Government to consider this amendment seriously.
Earl Howe (Con)
My Lords, this group of amendments concerns chief planning officers, local authority resources and capacity, and risk and resilience. I welcome the discussion that has taken place on these important issues.
Amendment 312B, in the name of the noble Baroness, Lady Taylor, and spoken to by the noble Lord, Lord Kennedy, would require the Secretary of State to publish guidance for local authorities on the appointment of chief planning officers. I assure noble Lords that the Government recognise the importance of effective leadership in local planning authorities—someone who can raise the profile of planning in local government, drive a strong vision for what places aspire to and ensure that this is integrated across council functions.
However, to do this effectively we need a flexible approach that recognises the circumstances of individual authorities. In that context, issuing guidance for all local planning authorities on the appointment of chief planning officers would be undesirable. Instead, we would encourage local authorities to fill these leadership roles in a way that best suits their approach to tackling their areas’ challenges and priorities.
Our approach is in keeping with the existing legislative framework. Excluding a select number of statutory posts, Section 112 of the Local Government Act 1972 allows an authority to
“appoint such officers as they think necessary for the proper discharge by the authority”
of its functions and for carrying out commitments on behalf of other authorities. That is surely right; it should be a matter for their discretion. Having said that, I shall refer in a moment to the wider programme of support that we are developing to ensure that local planning authorities have the skills and capacity that they need to create better places and provide a good service to applicants.
Thursday 18th May 2023
(1 year, 7 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-XIV Fourteenth marshalled list for Committee - (18 May 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Lord Lansley (Con)
I want briefly to refer to the clause stand part notice tabled by my noble friend Lord Young of Cookham and I for a probing purpose. Clause 126 has the effect of retaining the community infrastructure levy in London and Wales, but I will not talk about Wales. We are leaving Wales out of it for these purposes. The clause retains the community infrastructure levy in London, alongside the introduction of the infrastructure levy. I understand that that is essentially because the mayoral CIL has been used for the provision of Crossrail and is expected to do so for years to come.
However, it has raised in our minds a question to ask my noble friend the Minister about whether the community infrastructure levy, which of course does not provide for affordable housing, can live alongside the infrastructure levy for a number of years. The technical consultation, which is to be concluded on 9 June, does not explain how the respective contributions are to be assessed in a combined fashion because they apply to different parameters of the development. That leads to the assumption that with a 10-year transition we are looking at many places across the country with a combination of community infrastructure levy obligations that have arisen in relation to developments over a number of years and past developments, alongside the introduction of the infrastructure levy. The technical consultation, to my reading, does not help us understand how these two things are going to be meshed together. Of course, many noble Lords tabled their amendments in this group before the technical consultation was published. It answers some of the questions, but not all of them, and I think this is one question that it does not quite answer.
Another question occurred to me while reading the technical consultation in relation to affordable housing. It does not yet provide certainty about whether contributions under the infrastructure levy may be regarded as an improvement on the situation where developers are able to negotiate or renegotiate their liabilities under Section 106. Developers are not engaging in negotiations simply because they can and therefore they do and local authorities do not give way simply because they ask for it. Circumstances change.
I am always burned by the fact of the October 2008 crash. In the space, literally, of weeks, the economic viability of many large-scale development projects changed dramatically. If you look at any system, including this system, and it cannot meet the test of what you would do under those circumstances, I am afraid it does not help. Renegotiation of the contributions is one solution. It might be said that if the market price and the gross development value of a large site crash in the way they did in October 2008, the infrastructure levy crashes as well. The problem then is: how is the affordable housing going to be funded? How is the other infrastructure to be funded?
I do not have answers to all these things, but my noble friend and I will perhaps have an opportunity in the next group to talk a bit more substantively about the infrastructure levy and what we might do about it, but that does not answer the question. If affordable housing presently often suffers by being a residual after other Section 106 obligations have been met, and if under the infrastructure levy it becomes, in effect, a right to require and it is elevated above other requirements, there will be a great deal of difficulty in local communities about the fact that there are many other obligations that the infrastructure levy has to meet that may not be able to be met if the gross development value comes down or if, for example, the affordable housing right to require and the tenures that have to be provided lead to a much higher cumulative discount needing to be paid. We have to have some flexibility built into the system, and the risk at the moment is that that is not presently available in the way that we have understood it in the past. We can strengthen local authorities, and in the next group I hope we can talk about how that might be possible.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, Amendments 313 and 317 propose to make the levy voluntary for local authorities or to introduce it through a pilot system. I acknowledge that the reforms we are proposing will need to be implemented in a sensible manner. There are problems with the existing system, but it is important that we do not introduce new issues. We want to ensure that the new levy delivers at least as much affordable housing as the existing system, and that is why we are currently consulting on the levy and intend to consult again on the draft regulations. We want input from across the private and public sectors, and we will consider the feedback carefully as we proceed. As I mentioned previously, the new levy will be introduced through a process of test and learn and a phased-out programme. I hope that this will provide the noble Baroness, Lady Taylor, the reassurance that further piloting powers are not needed.
In terms of introducing the levy as a voluntary system, we are seeking to create more certainty across the whole system of developer contributions. We recognise that the levy must be introduced carefully to ensure that it will deliver the intended results. That is the purpose of the test and learn. However, if we do not aim for a unified system, we will dilute the potential benefits. I hope this provides the noble Baroness, Lady Hayman, with sufficient reassurances to withdraw Amendment 313.
Amendments 364 and 364A are concerned with how the Government will assess the delivery of affordable homes under the new infrastructure levy. Given the length of time of the proposed rollout, requiring an assessment of the levy 120 days after the Bill is passed, as proposed in Amendment 364, provides an insufficient amount of time meaningfully to assess the impacts of the levy, but I reassure the Committee that during the rollout the Government will work closely with stakeholders to monitor the impacts of the levy. That includes monitoring our commitment to deliver at least as much, if not more, affordable housing.
In addition, the department has commissioned a scoping study to develop an approach to the evaluation of the planning elements of the Levelling-Up and Regeneration Bill, which we expect to report following Royal Assent, and the full evaluation informed by the findings of the scoping study will then be commissioned. I hope this gives reassurance to the noble Baroness, Lady Taylor, and that she will feel able not to move her amendment.
On Amendment 364A, first homes were a 2019 manifesto commitment and are already successfully established in the market through a grant-funded early delivery programme. Outside that programme, the first homes discount is funded by developers as part of their contribution through planning obligations. The Government currently publish information about the delivery of first homes through both the early delivery programme and planning obligations in our annual affordable housing supply statistical release, and I reassure the noble Baroness, Lady Hayman, that we will continue to do so. We will work closely with local authorities throughout the phased test-and-learn implementation programme to monitor the Government’s key objective to maintain affordable housing supply. This will include but will not be limited to first homes. I hope I have provided the noble Baroness with sufficient reassurance not to press that amendment.
Lord Foster of Bath (LD)
I am sorry to interrupt the Minister. She has given a number of examples. Will the biodiversity net gains required in the Environment Act 2021 be included in the exceptions she has just listed?
Baroness Scott of Bybrook (Con)
I think I have just said that we are currently consulting on what will be in those. I would prefer to wait until after that consultation and then we will know what is going to be in them.
Amendments 332 and 333 seek to require a local authority to prepare an assessment of its affordable housing need and for the infrastructure levy rates to be set at a level that will meet this need in full. We must recognise that the total value that can be captured by the levy, or indeed any system of developer contributions, will not necessarily match the costs of meeting the entire affordable housing need of an area. Revenues will depend on the value of development that comes forward, and that will not always match need.
Nevertheless, new Section 204G(2) in Schedule 11 requires that charging authorities, when setting their rates, must have regard to the desirability of ensuring that affordable housing funded by developer contributions equals or exceeds present levels. That will ensure that affordable housing need is accounted for when levy rates are set. Furthermore, charging schedules will be subject to scrutiny by public examination to ensure that it does.
I want to make it clear that the list of infrastructure issues is not in priority order. Although affordable housing may be seventh on the list, that does not make it a priority. That list is also not necessarily complete.
As noble Lords will no doubt be aware, strategic housing market assessments or similar documents are currently part of the evidence base used to prepare a local plan. These are required as a result of national policy contained in the National Planning Policy Framework, rather than in primary legislation. Under the new system for preparing local plans, local authorities will continue to be required to prepare evidence regarding different types of housing need, including affordable housing. That will inform not only the local plan but the infrastructure delivery strategy.
I agree that it is important that the levy is based on up-to-date evidence of affordable housing need. It is the intention that local plans, charging schedules and infrastructure delivery strategies are prepared together. However, during the transition period, this may not always be possible. That is why our preferred approach is to use regulations and guidance to set out how evidence-based documents, including evidence on different types of housing need, should be considered. I hope I have given reassurance to the Committee that the provisions in the Bill will enable levy rates to be set with proper regard to affordable housing need, and that the noble and learned Lord, Lord Etherton, will feel able not to press his amendment.
Amendments 334 and 334A have the commendable purpose of ensuring that the levy meets its aims of delivering at least as much affordable housing as the current system, if not more, or otherwise addressing locally identified need for affordable housing. The Bill allows regulations to make provision about matters to be considered by charging authorities when setting rates, including the desirability of ensuring that affordable housing funded by developer contributions equals or exceeds present levels. This will ensure that affordable housing need is accounted for when rates are set but, if the Government are overly prescriptive about requirements, the development of an area could become unviable. That is because affordable housing need may exceed what can be captured through the levy. In such circumstances, rates would need to be set at such high levels that neither affordable housing nor market housing would come forward.
The Bill has been drafted carefully to enable local authorities to find the right balance when setting rates and capture as much value as they can while maintaining viability. As I have said, local authorities’ infrastructure levy charging schedules will be subject to public examination, meaning thorough scrutiny of how and why levy rates are set at a particular level. The infrastructure delivery strategy will also be subject to examination, alongside either a local authority’s charging schedule or its local plan. We envisage that the infrastructure delivery strategy will set out the proportion of levy payment that an authority will require to be delivered in kind as affordable housing. I hope that this provides the noble Baronesses, Lady Warwick and Lady Taylor, with sufficient reassurance not to press these amendments.
Amendments 340, 341, 344, 344A, 349 and 350 are all concerned with how local planning authorities should spend levy proceeds. With regard to Amendment 340, the infrastructure levy is an important tool to support sustainable development objectives at the local level. There is an existing requirement for local authorities, when exercising any function in relation to local plans, to do so with the objective of contributing to the achievement of sustainable development. This is set down in Section 39 of the Planning and Compulsory Purchase Act 2004 and will remain in the new plan-making system.
To create sustainable development and successful places, it is important that the infrastructure is appropriately planned for. Contributions from developers are a key tool in mitigating the impacts of new development, alongside wider government funding. The Bill provides a flexible framework to allow local authorities to decide which infrastructure projects they spend the proceeds on. When making such decisions, the Government expect local authorities to fulfil their functions by having regard to all their legal requirements in the round—for example, contributing to the achievement of sustainable development.
I turn to Amendments 341 and 344. As I hope that I have impressed on the Committee, we have designed the levy with the aim of delivering at least as much affordable housing as the current system of developer contributions, if not more. Should the levy generate more revenues than at present, local authorities would be able to choose to direct those additional revenues to meeting their local affordable housing need. Nevertheless, local authorities will need to balance this objective of affordable housing delivery with the levy’s other objectives, such as supporting the development of new roads and medical facilities. We think it is right that local authorities, which know their areas best, are best placed to make local decisions in balancing funding for matters such as affordable housing and other local infrastructure need. I hope noble Lords will therefore feel able not to press these amendments.
Baroness Taylor of Stevenage (Lab)
My Lords, I thank the noble Lord, Lord Lansley, for initiating this clause stand part debate, because in the way we do business in your Lordships’ House, amending existing Bills, it is always worth taking a step back and asking whether we need to do this at all. He has generated a very interesting debate, and in the other groups on the infrastructure levy, it has always been worth holding in our minds whether this is the right way to do it, or whether we should go back to what we have already. That is always worth doing.
The local government community would welcome some clarity on the whole issue of developer contributions. The LGA has been quite supportive of the infrastructure levy, with some qualifications, but wants clarity on what quantum we are expecting to get from it, as well as what is expected to be achieved by it, because we are in danger of making it into the motherhood and apple pie of local government funding, and it certainly will not achieve that.
This is even further complicated in two-tier areas—I have the scars on my back to prove it—where the district council is the housing authority and is looking for substantial contributions to housing, but the upper-tier authority has a duty to press for funding for education, highways, flooding and all the other things that upper-tier authorities look after. It is important we understand the weighting of those various voices in the infrastructure levy process, because otherwise all the pressure on infrastructure will raise viability questions once again. The noble Lord, Lord Greenhalgh, who is not in his place today, previously raised issues about emergency services and whether they warrant consideration for infrastructure levy. These are questions we are rightly looking at as we go through the Bill.
Our provision in the first group was for pilots, and we would have preferred that they were carried out before the Bill came to the House, which would have enabled some testing of the efficacy of the infrastructure levy before we went down this route, but that is shutting the stable door. I should be interested to hear the Minister’s responses on how long the transition period will be and what will be done to test this out as we go through the process.
The noble Lord, Lord Lansley, asked why, if what the Government are trying to achieve is a minimum contribution levy, they do not just do that. I should be interested to hear the Minister’s answer to that question. It is a really good point that, if we must assess this at planning, post-commencement and at final adjustment, what happens if there is significant inflationary pressure, a market crash or whatever between those stages? If it works one way and the final adjustment ended up being a further contribution in cash from developers to make up the difference, that is one thing; if it goes the other way, however, and the viability at the planning stage is greater than what is achieved at the final adjustment, what happens then to the difference? There is quite a lot still to be thought through on this.
I am grateful to the noble Lord, Lord Lansley, for raising the question, but the local government community is quite keen now to have the issue of developer contributions resolved. If the infrastructure levy is going to do that, that would be a good thing, but there are many more questions to answer before that happens.
Baroness Scott of Bybrook (Con)
My Lords, I thank my noble friend Lord Lansley for tabling these amendments.
As we have discussed, infrastructure delivery strategies will help local authorities to plan for the vital infrastructure that is needed to support sustainable development in their area. The infrastructure levy is designed to be a more effective and streamlined system than CIL and planning obligations. Unlike CIL, the new levy will be a mandatory charge which all relevant authorities will be required to adopt. This is an important step in reducing the complexities of the existing system and ensuring uniformity. Also, it ensures that all local authorities benefit from the levy receipts for their local area over time. The levy will be designed to be responsive to market conditions, meaning that local authorities get a fairer share of the uplift in land value that often occurs between the grant of planning permission and site completion to fund local infrastructure.
My noble friend Lord Lansley asked what happened if there was a 10% reduction in GDV which resulted in a 40% reduction in developer profit. As the final liability is based on the gross development value, if the sales value falls, the levy liability will also reduce—that happens similarly at the moment anyway.
The infrastructure levy will be able to fund the provision of affordable housing, largely replacing the operation of the Section 106 agreement. At the moment, the Section 106 agreement is what delivers most of the affordable housing and is often hard fought by local authorities. This will be a much more stable way of delivering affordable housing. The new right to require will mean that local authorities can stipulate the affordable housing that they require to be delivered in kind as part of that levy liability.
My noble friend Lord Lansley also asked about regional inequalities. We can only capture the land value uplift that is there. We expect to capture more in high-value greenfield areas, obviously, and this is what happens in the existing system—you cannot do that any other way.
The noble Baroness, Lady Pinnock, also brought in the point about the infrastructure delivery strategy and existing local plans, which is an important issue. We must accept that we are making a big change here. An assessment of infrastructure need will be undertaken alongside the local plan. In the long term, we expect these two parts of the delivery strategy will be brought together, but during transition they may have to be undertaken separately. We are talking about long-term here, and we expect those two plans to be together eventually and as soon as possible.
Baroness Taylor of Stevenage (Lab)
The issue about regional inequalities is really important. This is supposed to be a levelling-up Bill. If there will be more inequalities in the infrastructure levy in different parts of the country, then it is hard to see how it will help the Bill to do its job in terms of levelling up. It will exacerbate inequalities, not help to level them up.
Baroness Scott of Bybrook (Con)
I am not sure that is right. To take affordable housing, in an area with lower housing-cost needs and where housing is of lower value, you cannot expect the same infrastructure levy for houses and land of £150,000 to £350,000, so you must get that balance right. However, with levelling up, we would expect the values to come up and level as we go through the levelling-up procedure.
Lord Stunell (LD)
The noble Baroness makes a very interesting point, but the problem is that construction costs are not as widely differentiated as land costs. This means that an area with a low level of levy will not be able to build an equivalent number of homes to an area with a high levy. The mismatch between costs and income will be the problem.
Baroness Scott of Bybrook (Con)
I take that point. We have talked about the different rates from different development typologies, and we expect local authorities to set different rates. As the noble Baroness said, they do that with COUNCIL for different development types. We have published research that shows the range of possible rates for different case study areas, and I have put the results of that research in a letter.
For all these reasons, the Government are introducing the new infrastructure levy through the Bill and it is the correct thing to do for the country. There are too many local communities that, with the CIL system and the Section 106 system, are not getting what they deserve from the developments in those areas. So a new system, however difficult it is or however long it takes to deliver, has to be the right way to go.
Baroness Pinnock (LD)
The Minister makes a very important point about the infrastructure levy, as opposed to Section 106 and CIL. Could she provide us with some evidence that the infrastructure levy will raise more money than the existing system?
Baroness Scott of Bybrook (Con)
I will look to the evidence but, as I have clearly stated many times, we are expecting the same if not more housing, particularly affordable housing, from this infrastructure levy. I just say to my noble friend Lord Lansley, as I have said before, that we are not getting rid of Section 106 agreements, but will use them only in very restricted circumstances. The main issue from this is that affordable housing comes out of the Section 106 system and into the infrastructure levy system. When the whole country moves to the infrastructure levy, it will make affordable housing a much more important issue when it comes to how we use developer contributions in the future.
I move on now to government Amendment 361A. This makes three consequential changes to other Acts of Parliament to ensure that the new infrastructure levy will be treated in the same way as CIL in relevant legal contexts. First, Section 101(6) of the Local Government Act 1972 requires that a local authority’s functions in relation to levying rates may be exercised only by that authority—in other words, those functions may not be delegated—but CIL is not a “rate” for this purpose. This means that a local authority may delegate its CIL functions.
Amendment 361A replicates this approach in respect of infrastructure levy functions. I emphasise, however, that the Bill contains important safeguards for democratic accountability. For example, new Section 204K(6) makes it clear that a local authority may approve its infrastructure levy charging schedule only at a meeting of the authority and by a majority of the members present.
Secondly, Section 70 of the Town and Country Planning Act 1990 provides that “local finance considerations” can be a material consideration when determining planning applications. Local finance considerations include CIL, which can therefore be a material consideration when a planning application is determined.
Government Amendment 361A treats the infrastructure levy in the same way, allowing infrastructure levy receipts—anticipated and received—to be taken into account when determining planning applications. This does not override the primary aims of the infrastructure levy to support the development of an area by providing infrastructure, including affordable housing, or its meeting of other purposes, as set out in regulations, in a way that does not make development of the area economically unviable.
Baroness Scott of Bybrook
“(ea) may make provision treating CIL as if it were IL,”Member's explanatory statement
This amendment enables IL regulations made under new Part 10A of the Planning Act 2008 (as inserted by Schedule 11 to the Bill) to make provision treating the charge known as the community infrastructure levy under section 205 of that Act to be treated as if it were the charge known as the infrastructure levy.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment enables IL regulations made under new Part 10A of the Planning Act 2008 (as inserted by Schedule 11 to the Bill) to make provision about the use of the power under section 106(1)(d) of the Town and Country Planning Act 1990 to obtain sums for use in connection with IL.
Baroness Scott of Bybrook
“Local Government Act 1972
1A In section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities), after subsection (6) insert—“(6ZA) Infrastructure Levy under Part 10A of the Planning Act 2008 is not a rate for the purposes of subsection (6).”TCPA 1990
1B In section 70(4) of the TCPA 1990 (determination of applications: general considerations), in paragraph (b) of the definition of “local finance consideration”, after “payment of” insert “Infrastructure Levy or”.Deregulation and Contracting Out Act 1994
1C In section 71(3) of the Deregulation and Contracting Out Act 1994 (functions excluded from sections 69 and 70), omit the word “and” at the end of paragraph (h) and after that paragraph insert—“(ha) sections 204R and 204S of the Planning Act 2008 (Infrastructure Levy: collection and enforcement); and”.”Member's explanatory statement
This amendment makes amendments to a number of Acts in consequence of new Part 10A of the Planning Act 2008, inserted by Part 1 of Schedule 11 of the Bill, which makes provision for a new Infrastructure Levy.
Baroness Pinnock (LD)
My Lords, I thank the noble Lord, Lord Young of Cookham, very much for the best explanation of community land auctions that I have heard. I have searched the internet to find a good explanation but have heard the best one this afternoon from him.
The issue is how we capture for local communities the uplift—a very large uplift in many cases—in land values once planning consent has been given to a site. This is one way in which it could work and it has some attraction to it. However, living as I do in West Yorkshire, where land values are not like those in Surrey, Hampshire or Berkshire, the inevitable consequence of community land auctions is exactly as the noble Lord, Lord Young, said: to the well off, more shall be given while to the least well off, little shall be given.
As far as I can tell, this will exacerbate regional inequalities. As the noble Lord, Lord Young, said, this is a levelling-up Bill. Living where I do, I was really looking forward to lots of proposals in it to reduce regional inequalities, but this is one example of where it will do the opposite. Somehow we have to find ways of extracting the very considerable uplift in land values once planning consent is given for housing.
Where I live, we still have many former industrial sites in need of costly remediation, and those land values will not be there for a community land auction. The provision will work only on greenfield sites, which is contrary to what we are trying to achieve. It will increase regional inequalities, which is contrary to the purpose of the Bill. If we can find a better way of extracting land value once planning consent or planning allocations have been given, that is where we should go. I am not convinced that this is the way, interesting though the proposal is. “Let us see the evidence” is what I would like to say. I know we are going to do a pilot, but somebody somewhere in the department has done some thinking and provided some evidence. Let us see it before we make a decision on this, because otherwise it is a dive into the unknown.
My last point is that there have not been good examples recently of local authorities getting involved in commercial practice—in fact, the contrary is the case. That is where this would take us: local authorities bidding for and buying land at a certain value and then hoping that, once they sell it on with planning consent, the extra can be extracted. That is putting a lot of faith in the commercial expertise within local authorities, which I am not sure they have. If I was putting a bet on developers and landowners against local authorities, I know which one would win.
Earl Howe (Con)
My Lords, in addition to the levy we have been debating, the Government are interested in testing other mechanisms that could improve land value capture.
Community land auctions are an innovative process of identifying land for allocation for development in a local planning authority’s area in a way that seeks to optimise land value capture. Their aim is to introduce transparency and certainty by allowing local planning authorities to know the exact price at which a landowner is willing to sell their land. The crux of our approach is to encourage landowners to compete against each other to secure allocation of their land for development in the local plan by granting a legally binding option over their land to the local planning authority.
The competitive nature of community land auction arrangements incentivises landowners to reveal the true price at which they would willingly part with their land. If the land is allocated in the local plan upon its adoption, the local planning authority can sell the CLA option, keeping the amount that the successful bidder has paid and capturing the value that has accrued to the land as a result of the allocation. The successful bidder must then pay the price set out by the original landowner in the option agreement to purchase the land. The detailed design of community land auction arrangements will be set out in regulations that will be subject to the affirmative procedure. In a moment, I will address my noble friend Lord Young’s clause stand part notice but, for now, I hope that that is useful background, by way of introduction.
The Earl of Caithness (Con)
My Lords, maybe it is because it is Thursday afternoon, but I am slightly more confused now than before my noble friend gave his reply. He said that the land would be within the development plan, but he also said that it is an innovative way of identifying land for development. Those two statements do not seem to agree; there is a contradiction. I do not think that my noble friend answered my noble friend Lord Young’s point about the distortions that this can cause to a potential development plan.
It is perhaps true more in the south of England than in the north, where land values are cheaper, but if a landowner gets in cahoots with the local authority and says, “I will sell you my land at X”, knowing very well that his chances of getting planning permission are zero, would that not encourage the local authority to alter the development plan to benefit itself and the community rather than doing planning in the old-fashioned way, which was to develop with a holistic view of the area?
One thing I am not certain about is where local authorities will get the funds from to buy that land, particularly in the expensive south-east. I wonder whether my noble friend can help me on that.
Earl Howe (Con)
My Lords, the process will not be as my noble friend has described. The simplest way I can describe this is that community land auctions will be a process of price discovery. In the current system, local planning authorities have to make assumptions about the premium required by a reasonable landowner to release their land for development. For Section 106 agreements, this manifests itself through viability negotiations between the local planning authority and a developer. As these can be negotiated, there is a higher risk that, in effect, higher land prices lead to reduced developer contributions, rather than contributions being fully priced by developers into the amount that they pay for land.
For the community infrastructure levy and the proposed infrastructure levy, a levy rate is set for all development within certain parameters. When setting rates, the local planning authority has to calculate how much value uplift will occur on average, and has to make assumptions about landowner premiums and set a levy rate on that basis. The actual premium required by individual landowners will not be available to local planning authorities and will vary depending on individual circumstances. If the local planning authority makes an inaccurate assumption about landowner premiums, they may either make a lot of sites unviable by setting too high a levy rate, or else they will collect much less than they might have done otherwise by setting too low a levy rate.
Under the CLA process, landowners bid to have their land selected for allocation in an emerging local plan, as I have described, by stating the price at which they would willingly sell their land to the LPA for development. The offer from the landowner, once an option agreement is in place with the LPA, becomes legally binding. The LPA can either exercise it themselves, thereby purchasing the land, or auction it to developers. The competitive nature of CLAs incentivises landowners to reveal the true price at which they would willingly part with their land. If they choose to offer a higher price, they risk another piece of land being allocated for development, in which case they will not secure any value uplift at all.
I do not want to prolong the debate unnecessarily, so I will respond to my noble friend in writing on the other questions I have not covered.
Lord Young of Cookham (Con)
I am very grateful to my noble friend the Minister for the very patient way he dealt with the argument I put forward. I will take him up on two points. First, he said that the Government will consult local authorities about this. Surely, before introducing primary legislation on a major planning system, they should consult the local authorities first, rather than after the Bill has gone through. Secondly, and perhaps more importantly, I think he said that when the local authorities were drawing up the plan they could take into account the financial benefits. I think that is moving towards what he subsequently deplored: namely, the sale of planning permission.
Earl Howe (Con)
The extent to which those financial benefits can be taken into account will be set out, as I mentioned, in regulations. My noble friend makes a fair point, but parameters will be set around this. On the issue of prior consultation, which the noble Baroness, Lady Taylor, also raised, one can take two views: one is to go through the process that my noble friend advocated, and the other is to say that the integrity and workability of the scheme is such that we can afford to come to this House and the other place first before launching a pilot. Our view is that it will be perfectly satisfactory to take that course.
Baroness Taylor of Stevenage (Lab)
My Lords, this has been a very interesting discussion. This is probably one of the cases where there is less clarity at the end of the debate than there was at the beginning. I am very grateful to the noble Lord, Lord Young, for once again giving a very forensic and detailed analysis of the subject and for raising all the key issues that sit within it. As the noble Baroness, Lady Pinnock, said, it was a very clear description of community land auctions.
On the issue of consultation, I remind the Committee that the noble Lord, Lord Benyon, in answer to an Oral Question earlier today, said that we are in danger of doing too much consultation. In this case, it would have been helpful if councils had been consulted before this proposal was put forward in primary legislation, because some of the issues raised in the debate would have come up immediately—they are quite obvious to those of us engaged in local government.
I have great sympathy with what the noble Lord, Lord Young, said. There is a queue of things that many of us feel should be in this Bill, including renters reform, leasehold reform, repealing the Vagrancy Act and so on. They did not get across the line and put into this primary legislation; yet here we have a fairly unformed idea, which has not been tested, which is in the legislation. That process is a bit mysterious to some of us.
Baroness Hayman of Ullock (Lab)
My Lords, I am delighted to see the Minister in his place because it gives him the opportunity to make me gruntled again. If he is doing the next two groups, I am beginning to think I should set him a weekly target to ensure that I am never disgruntled again with any of the things he is dealing with.
To be serious, this is a critical environmental issue. I thank the noble Viscount, Lord Trenchard, for tabling this amendment and for his excellent introduction. I also join the noble Baroness, Lady Bakewell, in her tribute to Lord Chidgey. He was deeply committed to this issue, and I think we should recognise that.
As we have heard, England has 85% of the world’s chalk streams, and they are at risk. They are very, very precious, and I really do not think this should be a political issue; it is something we should all be getting behind, and we should all be supporting their protection. As at the noble Lord, Lord Deben, said, they are more vulnerable than other waterways. There are many reasons for that, and we have heard many during the debate: agricultural pollution; sewage pollution; the decline of native species, particularly invertebrates; the introduction of non-native invasive species; development; population growth; and the fact that we simply use and waste far too much water. On average in Britain, we use more water per head per day than most other European countries. Most pressing are the low flows and the chronic abstraction, which noble Lords have talked about. We have also had issues in recent years with not having enough rainfall to support the levels of abstraction, even though people have been given warnings about the damage that that can cause.
As noble Lords have said, we support the reform of the abstraction licensing system, which is currently allowing too much water be taken from our chalk streams. We need to look at more robust infrastructure to support that, dealing with the ongoing strain of an unpredictable climate and rising populations. We need greater investment in storage capacity, and water metering needs to be managed more and developed.
One of the recommendations of the chalk stream restoration group—it is really good that the Government are getting behind it and supporting what it is trying to do—is that chalk streams should be given overarching protection and priority status. That is the one big wish we have heard noble Lords talk about. If there is anything the Minister should take from this debate and previous debates on the Environment Act, for example, it is that the Government really must give chalk streams a status that reflects that they are not just locally precious but, as we have heard, globally unique. This amendment would provide those protections. We support it and I urge the Minister to get behind it. If the Government cannot do anything today, I urge them to bring something forward.
The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)
My Lords, I refer to my entry in the register. Amendment 372ZA seeks to amend the definition “environmental protection” to include specific reference to the protection of chalk streams. It was so eloquently moved by my noble friend Lord Trenchard, and I pay tribute to his and other noble Lords’ passion on this issue. I assure them that I would not stand at this Dispatch Box and in any way jeopardise the future recovery of our chalk streams. I was in one last weekend and I will be in one again this weekend, as the mayfly start to hatch.
Mention was made of the catchment-based approach— CaBA—which is a wonderful piece of partnership working, so ably led by Charles Rangeley-Wilson. I was fortunate enough to visit him in Norfolk, to see where he has reconnected with the valley bottom or river bottom chalk streams that were previously canalised for water meadows, sometimes hundreds of years ago. There are remarkable benefits, which we measure rather technically in the water framework directive, but the key indicators, such as ranunculus and fish populations, can be massively enhanced by many measures that he and others carry out. The work was led in this House by Lord Chidgey and, of course, in Hertfordshire by my right honourable friend Sir Oliver Heald, whom I met just a couple of weeks ago to talk about this.
There is undoubtedly some good news about chalk streams. The Mimram, which I visited in the past and which suffered from massively low flow, has seen some improvement, but there is still huge pressure on these remarkable places. I am on record talking about them as our country’s equivalent of the rainforests: these areas are, in large part, particular to England—85% of them are here—and we want to see them thrive. Some excellent points have been made.
This Government are committed to protecting chalk streams, which we defined as priority sites in the Storm Overflows Discharge Reduction Plan, with a target of a 75% reduction in harmful sewage spills by 2035. In our Plan for Water, the Government also committed to reviewing the impact on chalk streams of private sewerage systems—my noble friend Lord Caithness made this point well. The pressures on them are from sewage outflows and inadequate sewage-treatment plants, farming and run-off, and serious problems due to misconnections and private sewerage systems that are not functioning properly.
I say to my noble friend Lord Lucas that we will certainly address the Lottbridge Sewer—how on earth it got that name I do not know—and make sure that it is part of our consideration of chalk streams. To the noble Baroness, Lady Jones, I say: the riverfly project of which she is part is one of the great examples of citizen science. It sees an enormous number of people assisting the regulator—the Environment Agency—in identifying when a problem occurs, so that it can then step in.
My noble friend Lord Caithness mentioned my visit to Marlborough in 2010, just after I became a Minister. I stood in a riverbed that was dry because water was being extracted from the Kennet and pumped out of the catchment to provide water for the people of Swindon. They needed water, but it should not have come out of the catchment. This really damaged a very special SPA and SSSI, but I am delighted that, through measures that the Government drove through our abstraction incentive mechanism, Thames Water then delivered water from the same catchment—the Thames—rather than the Kennet. The Kennet is now in a better, although not perfect, state. There are now huge opportunities, through private sector green finance initiatives and habitat restoration—driven by government actions, through ELMS and our Plan for Water—for chalk streams’ amazing natural environments to be restored, so that we can show the world that we lead the way on river restoration.
I certainly share my noble friend Lord Trenchard’s concern for the protection of chalk streams. I stress that the definition of “environmental protection”, for the purposes of the environmental outcomes report, has been drafted to ensure that the Secretary of State is capable of setting outcomes across the breadth of environmental concerns, very much including chalk streams.
Lord Deben (Con)
I am sure that my noble friend’s comments are absolutely acceptable and I see perfectly well why he does not want this here. But is it possible just to consider whether attention might be drawn to this point somewhere else in the Bill? As he said, it is very special; I say this with a perfect lack of interest because, coming from the flatlands of Suffolk—where I am afraid we do not have any chalk streams—I am particularly keen to support the noble Viscount. Might the Minister consider putting this somewhere else in the meantime?
Lord Benyon (Con)
I will have to have discussions with colleagues and officials to see whether there are other areas of legislation, or areas in this legislation, where we could reassure the House. I have listened and will continue to listen on this, and I hope that noble Lords will reflect on this.
Lord Berkeley of Knighton (CB)
My Lords, the Minister mentioned the Kennet case. Is he satisfied that enough legislation is in place to prevent that happening again?
Lord Benyon (Con)
A decade ago, we provided a mechanism whereby overextraction would require action to be taken, in this case by water companies. It was a fairly geeky measure called the abstraction incentive mechanism, and it worked. Countless other measures can and should be taken, and our direction to Ofwat and the commitments in our Plan for Water will drive this forward, as will our abstraction reforms.
Rivers such as the Kennet can be affected by something incredibly small. Three miles of the Kennet’s ecosystem was destroyed about seven years ago by about an egg cup of a chemical called chlorpyrifos, which went through the drainage system—which is the responsibility of the local authority and the water company—into the river. That tiny amount wiped out life for about three miles. That is an indication of how fragile these systems are and how we must have protections that can trace this, make the polluter pay and make sure that this never happens again. It is incredibly important that we do this.
Viscount Trenchard (Con)
My Lords, I thank all noble Lords who have participated in this debate. I am greatly heartened by the universal tone of the speeches and contributions made.
I thank my noble friend Lord Lucas for his support. It is most unfortunate that his local chalk stream has the name it does; I do not know how easy it will be for him to change it, but I imagine there is some kind of complicated procedure for changing names—there is for roads, so there should be for rivers as well.
I am also very happy to have received support from some noble Lords whose support I am unaccustomed to receive—in particular, the noble Baroness, Lady Jones of Moulsecoomb, and my noble friend Lord Deben. To answer my noble friend’s point, I am sure that my noble friend the Minister, together with his officials, could prepare a comprehensive list of defined chalk streams, because I am sure that we have not quite caught all of them. It may never be a perfect list, but at least, as my noble friend said, it would be a pretty good and near comprehensive one.
My noble friend Lord Caithness made a strong, comprehensive speech of support, for which I am most grateful. I agree with what he said about the Environment Agency and how it conducted itself immediately after its establishment, because I had to deal with it at great length over developments in the River Tamar. I also endorse entirely what he said about the small group of determined people who work so hard to protect our beautiful chalk streams.
I was also grateful to my noble friend for riling the noble Baroness, Lady Hayman of Ullock, into supporting my amendment—I think riling is the right word in this context.
Baroness Scott of Bybrook
“(aa) any proposals for increasing the extent to which a specified environmental outcome is delivered,”Member's explanatory statement
This amendment is consequential upon the second amendment in the Minister’s name to clause 139. It inserts a provision which is equivalent to the sub-paragraph removed by that amendment from clause 139(4)(b).
Baroness Scott of Bybrook
Member's explanatory statement
This amendment is consequential upon the first amendment in the Minister’s name to clause 139.
Lord Benyon (Con)
My Lords, I thank my noble friend Lord Randall of Uxbridge for tabling Amendment 387, and my noble friend Lady McIntosh of Pickering for tabling Amendments 504GA and 504GB, and the noble Baroness, Lady Hayman of Ullock, for Amendment 504B.
These amendments would give national parks and areas of outstanding natural beauty additional statutory purposes and update the duties on relevant authorities. I am grateful for the quality of the debate that we have had on this and share noble Lords’ passion for our national parks and the beauty that they provide in landscape terms, as well as the human benefits that they give for our health and well-being. I assure the noble Baroness, Lady Willis, that our commitment to 30 by 30, and the inclusion of national parks and designated landscapes in this, is fundamental. She is right that I have a sign in my office saying “30 by 30” and then quoting NASA:
“Failure is not an option”.
It is about the quality of the environment as well as the line on the map.
My noble friend Lord Lucas has rightly raised, in another amendment, issues around OECMs. There are a variety of ways in which we will achieve this commitment, which is important for us domestically—and internationally, if we are to walk the talk that we have done in international fora on successfully encouraging countries around the world to commit to 30 by 30.
The noble Baroness, Lady Willis, also identified a point about the quality of our interventions as land managers and the types of trees that we plant. She identified perhaps a conflict between tackling carbon and biodiversity. The trees that she described in a pejorative way grow much quicker. They form parts of the furniture and other features in our rooms or whatever. That is keeping that carbon still locked up, and they sequester carbon much more quickly. However, the biodiversity that we want is largely absent from them, whereas the broadleaves, abundant in biodiversity, are slower growing and more susceptible to pests and diseases. We want to ensure that we are getting all that, the carbon benefits as well as the biodiversity benefits, and there is a landscape issue there.
The Government recognise how important our protected landscapes are for improving nature, tackling climate change, supporting rural communities and removing barriers to access. To deliver 30 by 30, we need to strengthen governance and management through the Environment Act 2021. We have strengthened the biodiversity duty on public bodies such as national parks and AONBs, and set ambitious environmental targets. We are also setting specific targets for protected landscapes and issuing guidance for public bodies with responsibilities in those areas.
We are extending land protected for nature through carefully chosen new designations and other habitat-creation projects. We are investing in restoring habitat through the successful Farming in Protected Landscapes programme and the biodiversity challenge fund, while working with partners to attract private investment in protected landscapes.
In opening this debate, my noble friend Lord Randall eloquently set out why he thinks this change is necessary. I hope I can prove that the Government are absolutely committed, because we have taken on-the-ground action to implement the excellent landscape review led by Julian Glover. As I said, our Farming in Protected Landscapes programme supports farmers in protected landscapes to deliver projects for nature, climate, people and place, addressing exactly the points raised by the noble Baroness, Lady Willis. It delivers good environmental and habitat management. Our Access for All programme is also helping local teams to improve accessibility in our protected landscapes. We are also investing in a new protected landscapes partnership to enable national parks, AONBs and—crucially for a subsequent amendment—national trails to collaborate on national priorities more closely.
The Environment Act strengthens the duty on public bodies to have regard to conserving and enhancing biodiversity. In addition, under the National Parks and Access to the Countryside Act 1949 and the Countryside and Rights of Way Act 2000, public bodies already have duties to have regard to the statutory purposes of protected landscapes when exercising their functions. The Government intend to publish guidance to ensure that the existing duties on public bodies are correctly interpreted and applied when exercising their functions in protected landscapes.
I will study my noble friend Lord Blencathra’s words in the record, because he raised some interesting points where a compromise is perhaps achievable.
I hope I have said enough to convince my noble friend Lord Randall of Uxbridge—I know he takes a lot of convincing—to move on these issues that he feels so strongly and speaks so eloquently about. I hope I have persuaded him to withdraw his amendment.
Amendment 471 repeals the 2026 cut-off date for recording historic rights of way. I draw noble Lords’ attention to our commitments on public access in our environmental improvement plan, our desire for everyone to be within at least 15 minutes of green open space, our commitments to complete the England Coast Path and to enhance national trails, and what we are doing on social prescribing. We are using the benefits of nature and access to it to divert people away from the NHS, with new access provisions through a variety of other measures, as well.
It is important to give users, landowners and local authorities certainty about recording unregistered rights of way. Regulations will provide for certain unrecorded historic rights of way to be excepted from extinguishment, such as where they are currently in use or applications to register them remain undetermined. The Government therefore intend to commence the cut-off date provisions, in line with the original intention of the Countryside and Rights of Way Act 2000.
However, in answer to my noble friend Lord Hodgson, who spoke with great passion on this issue, given the delays caused by Covid and the impact it had on a great many areas of the public realm, but particularly local authorities, the Government will take steps to use existing powers and extend this deadline by five years to 1 January 2031. The Government are committed to delivering rights of way reform, which will make processes to add historic rights of way to the definitive map faster, fairer, cheaper and less bureaucratic. Our reforms will also give landowners a new right to apply to have certain routes diverted or extinguished. The regulations needed to bring these into effect will be introduced as soon as is reasonably practicable.
The Government are keen to promote responsible access, protect nature and support people who live and work in the countryside. We also recognise the importance of providing access to the outdoors for people’s health and well-being, and we are working to ensure this and that we are achieving that balance in all that we do. We will continue working with landowners and user groups to promote responsible access, so that we achieve our 25-year environment plan commitment to make it easier for more people, from every background, to connect with nature.
Lord Hodgson of Astley Abbotts (Con)
I am grateful to my noble friend for the news of a five-year extension. Could his department try to explain to local authorities the importance of giving some priority to registrations? As the noble Baroness, Lady Scott of Needham Market, said, they inevitably tend to get pushed down the hierarchy. We need to find as many ways as possible to bring them up to get this finished. However, I understand that there is a balance to be struck, and the Minister is fair to point that out.
Lord Benyon (Con)
I thank my noble friend. He and the noble Baroness made very important points, but this is a question of resourcing and of prioritisation in local authorities. Of course, some local authorities are inundated and others are less so. It is about supporting them to register these rights of way. I will work with him and all interested noble Lords to make sure that we assess how this is going against the new timescale.
Amendment 475 would have the effect of permitting the right to wild camp on open access land. The Government understand concerns about the ability to wild camp in Dartmoor National Park, as raised by the noble Baroness. As a result of the local court judgment, this has come into much clearer view for the wider public. Private Members’ Bills in the other place also seek to make similar legislative amendments to those proposed here.
For the record, it is worth saying that Dartmoor has never banned wild camping: there was just never a right to it. It is a question of which end of the telescope you look at this issue from. There was what I thought was a very fair report on “Countryfile” a few weeks ago, which gave the perspective of both those who want that access as a right and those who very often end up clearing up the mess from the small proportion of those who act irresponsibly and damage our natural environment. The amendment would have negative impacts, including potential legal conflict and complexity surrounding the rights of private landowners, concerns about health and safety and the liability of landowners, and the risk of damage to the natural and historic environment.
Amendment 480 requires the Government to review recreational access to land and open access land. The Government are already required by law to complete a review of open access land under the Countryside and Rights of Way Act 2000, and the next review is due by 2024-25. We will consult on extending the rights to open access land after having completed the review of our existing maps of open access land; this point was raised by the noble Baroness, Lady Bennett. I understand the point that she raised, and I have been active in providing access to land close to where a lot of people live. I understand the tensions and problems. Much can be done by good joint working between land managers and the people who wish to use it. I am very happy to continue that debate.
Baroness Bennett of Manor Castle (GP)
I thank the Minister for giving way. I have a point of clarification. The term “recreational access to land” may have been interpreted as meaning open access land. This amendment is meant to mean all land, not just open access land, and I think that the way it is written shows that.
Lord Benyon (Con)
I understand the campaigning point that the noble Baroness makes. That is perhaps for another occasion in this House; I am very happy to have that debate. I want to see more access but, over the next six years, the recovery of species in this country has to be our priority, as there has been a catastrophic decline. We have to work with people to give them more access where it is appropriate, but we also have to protect our countryside and rare habitats and make sure that hotspots of biodiversity are allowed to thrive, because the benefits from those will spill out right across our country.
Amendment 504GJC, so ably spoken to by my noble friend Lord Lucas, enables local communities, landowners and organisations to contribute directly to the 30 by 30 target through an internationally recognised structure—namely, the other effective area-based conservation measure. We understand the intentions behind this amendment. I provide reassurance that, as I said earlier, the Government are committed to protecting 30% of land for nature by 2030 and to developing the most appropriate approach to increasing and enhancing our protected areas and other land of value to nature.
We are working with partners across the country, including members of the public, the environmental sector, academics, farmers, landowners and the private sector, to deliver against this commitment. The nature recovery Green Paper sought views on our approach to 30 by 30. This included our plans to explore how land that is delivering for biodiversity outside of our designated protected areas can contribute to our 30 by 30 target. Many of the reforms explored in the Green Paper have fed into the Government’s environmental improvement plan, our delivery plan for protecting nature. The noble Lord is absolutely right to raise these points. More areas will be developed for nature as part of our reforms, and I very strongly believe that these should be included in our 30 by 30 calculations.
Government Amendments 467G, 504O, 509E and 515 address the requirement for Natural England to review the maps of open access land in their entirety at set intervals, with the first review currently due to be delivered by 2024-25 and subsequent reviews to be completed every 20 years following this date. These amendments allow Natural England to complete proportionate reviews, focusing on areas that were mapped incorrectly or have changed status, on an ongoing basis. While much open access land is already mapped correctly, some mistakes were made during the initial mapping process, and a first review of these areas is required to establish an accurate baseline. The amendments do not remove the first review deadline completely but move it to 2031 to allow for sufficient preparation of the review.
As I have said, we recognise the importance of enabling access to the countryside. That is why we have established 13 community forests, alongside substantial programmes to create more green open space and significantly expand national trails. We have also created and restored some 360,000 football fields of habitat since 2010. Our response to the Glover recommendations made clear that we will not consider whether CROW rights should be expanded until the review of the CROW maps is complete. Our stakeholders have been clear that reviewing the maps is a necessary first step before any consideration of expanding rights can be made. Once the first review is completed and a baseline established, the amendments will enable us to move to a continuous selective review system. Any changes in land use can be amended on the maps in good time rather than needing to wait up to 20 years for further review.
Amendment 467G inserts a new provision into the Countryside and Rights of Way Act 2000 regarding when Natural England must carry out reviews following the issuing of open access maps, and the matters that such a review must cover. The amendment also makes provision for regulations to set out the procedure on a review and makes consequential amendments.
I hope noble Lords will support these important amendments. A substantial amount of planning is required if we are to ensure that the reviewed maps are fit for purpose, so that we can then switch to a system of limited continuous review rather than the periodic reviews required at present. Amendment 467H would reduce, by three years, the time we have to make sure that the first review of maps is completed to the standard needed. The Government have tabled amendments which remove the scope for regulations to push back the deadline for the review, so I offer the noble Baroness assurance that this date will not move again.
Amendment 467I would insert a legal requirement to make regulations to enable subsequent reviews of the open access maps. Once the Bill has achieved Royal Assent, the Government intend to make regulations to enable a continuous review following the completion of the first review, which I hope will reassure the noble Baroness that the ability to do this will not be lost.
Amendment 467J would take the opposite approach of the government amendment by returning to the existing power to invoke the original appeals regime so that it applies to the review process. The Government feel it is important that we have the flexibility to fit the details of the appeal regime to the very different circumstances of the review, and therefore do not feel able to support this amendment.
Lord Randall of Uxbridge (Con)
My Lords, we have had a very interesting debate. I thank all those who have supported my amendment.
Because of the lateness of the hour I will not go into details, except to thank the noble Baroness, Lady Willis, for her speech, which was not just passionate but full of expertise, which shows the strength of this Chamber. I also thank my noble friend Lord Blencathra, not just for his almost complete support but for two ideas. One is tweaking. I am always up for tweaking and I hope my noble friend the Minister is too. My noble friend’s other suggestion involved a bottle of Highland Park. Perhaps we could get together and tweak this amendment with the Minister, and perhaps even his boss, so that we can go forward. Then, if the Government do not come forward with the appropriate amendment on Report, I assure my noble friend that I will return to it. With that, I beg leave to withdraw my amendment.
Baroness Parminter (LD)
My Lords, I support the noble Baroness, Lady Willis, in her Amendment 390, to which I have added my name. It is a really important amendment as we struggle to meet the Government’s environmental target and our need to build more homes and develop our land. We have to do that in a way that understands there are fundamental environmental problems we need to address, particularly nutrient pollution.
It is clear that we need a statutory underpinning for nature-based solutions because, without that, they are not going to happen. We have evidence of that. You only have to look through previous price reviews, in which Ofwat turned down recommendations from water companies for nature-based solutions because, on a crude cost-benefit analysis, putting in a grey concrete storm tank was a damn sight cheaper than wetlands and various other proposals. If my memory serves me right, Ofwat turned down some very detailed and thoughtful proposals from Anglian Water because of the cost. Unless there is statutory underpinning, Ofwat will just carry on with its usual economic model.
This amendment is an important way of ensuring we get that win-win of nature-based solutions as we seek to address our nutrient pollution problems. It is an elegant way to move forward on the Dasgupta review, which talked about finding new ways to build nature into our economic model. Giving this a statutory underpinning would, as I have just made clear, give Ofwat the confidence to build into its economic models support for nature-based solutions. We know these are going to be fundamental if we are going to get to our 30 by 30 target.
The only thing I want to say, because it is late and so much has been brilliantly said by the noble Baroness, Lady Willis, is that you would expect us to say this. We are the usual green environmentalists. But I hope the Minister hears that we are also saying that we understand why this is important. We need development, and there is stalemate in many housing developments because the nutrient pollution issues cannot be solved. We are trying to be constructive in resolving that problem. We are not just saying this with our usual green hats on. We realise that this is a tricky issue which needs resolving.
It is not just us in the environmental groups, such as Wildlife and Countryside Link. The House of Lords Science and Technology Committee did an excellent report on nature-based solutions recently. Again, this underpins the support for this amendment. The Government’s own environmental improvement plan talks about the benefits of nature-based solutions. If you are going to deliver on your own words, then you should be supporting this.
For me, the most important and powerful thing is that the water companies support this amendment. In addition to the comments made individually to the noble Baroness, Lady Willis, Water UK put out a release saying that the water companies want this amendment. It would be wonderful to be able to say that this amendment has been supported on a day when the water companies have said, “Mea culpa”, said sorry for the appalling way that they have handled our sewage problems, and promised that they will put £10 billion-worth of new investment into this area. This would ensure that we get the win-win, both to overcome some of our problems with building the homes we need and to ensure that we get the benefits we need for our hard-pressed nature.
Lord Benyon (Con)
I am grateful to noble Lords for their contributions. I will come to the various points but, first, I say that I agreed with nearly everything that the noble Baroness, Lady Parminter, said, particularly the quotation from Dasgupta. But her criticism of Ofwat is slightly out of date: I had those arguments with it a decade ago. It liked a bit of concrete and steel then because it could measure water going into it and the quality going out, and it did not trust nature-based solutions because it could not get that degree of measurement of asset value. There has been a sea-change in how we do that, but I agree with her in every other respect.
On this group on nutrient pollution standards, I begin my remarks with Amendment 390. I agree with the noble Baroness, Lady Willis of Summertown, and others that we should ensure that water companies deliver this new statutory duty in a timely way. Throughout the delivery of the Water Industry National Environment Programme, the Environment Agency regularly liaises with water companies to ensure progress and to address risks to delivery. Under Section 202 of the Water Industry Act, the Government have the power to request that water companies provide information regarding the delivery of improvements to wastewater infrastructure, and we intend to use these powers if necessary.
Should it become evident that a delay in upgrading a particular wastewater treatment works is unavoidable, the legislation makes provision for the Secretary of State to disapply the requirement placed on local planning authorities to assume that the upgrade will be delivered by 1 April 2030 for the purposes of a habitats regulations assessment. The Secretary of State must notify local planning authorities accordingly so that they can factor this into their planning discussions.
I agree with the noble Baroness that we should ensure that water companies are delivering against this duty in a way that maximises benefits for the environment, and ensure that nature-based solutions are a vital part of our sewage treatment infrastructure. The Government want to see water companies making use of these solutions as part of the treatment processes that they apply. In the strategic policy statement for Ofwat, we set out that water companies should
“increase … the use of nature-based solutions where appropriate”.
The new statutory duty has been designed to ensure that water companies can use nature-based solutions as part of the wastewater treatment process—for example, water companies may use integrated wetlands to remove nutrients from wastewater. The legislation also allows water companies to use nature-based solutions as part of this process. I am repeating myself, so I will move on, as the hour is late.
In the most recent strategic policy statement for Ofwat, the Government set the clear expectation that it should continue in this form. Therefore, I assure the Committee that sufficient provisions are already in place to ensure that nature-based solutions are taken forward where appropriate.
I turn to Amendment 391 in the name of the noble Baroness, Lady Hayman of Ullock. Upgrading wastewater treatment plants smaller than a plant capacity of 2,000 population equivalent would require significant investment in new infrastructure and deliver minimal environmental benefit, and it is therefore unlikely to represent value for money. However, we have provided a power for the Secretary of State to lower the plant capacity in individual catchments so that, where appropriate, we can require upgrades at smaller treatment works too.
Although I welcome Amendment 392 in the name of the noble Baroness, Lady Hayman of Ullock, it is unnecessary because the Secretary of State will of course consider all relevant information and advice before making any exemptions from achieving the nutrient pollution standard. In addition, if a wastewater treatment plant is exempt from this statutory duty, the Environment Agency will still make use of environmental permits to set limits on the quality of wastewater being discharged, thereby ensuring that the water environment is protected.
In relation to Amendment 393, I reassure the Committee that wastewater treatment plants with a capacity of less than 250 population equivalent can already be designated as not exempt where appropriate. If the evidence shows that it is necessary to put enhanced treatment in place at a wastewater treatment plant with a capacity of less than 250 population equivalent, the legislation allows for the Secretary of State to do so within a set timeframe.
I agree with the noble Lord, Lord Stunell, that we should ensure that nutrient pollution standards for wastewater are protected. However, as already made clear, wastewater treatment works that are exempt will still be subject to all the other existing standards set by the Environment Agency on a site-specific basis, but I am happy to continue discussions on this as the Bill progresses.
Amendment 400 raises the issue of accurate monitoring and reporting. I agree that this is critical. Under this Government, we have gone from just 7% of storm overflows being fitted with event duration monitors in 2010 to over 90% today, and by the end of this year that will rise to 100%. The Environment Agency already regulates many water quality monitoring stations through permits to ensure that they operate to established regulatory standards. We aim to bring forward regulations to implement a new duty on water companies to report data on sewage discharges from storm overflows in near real time. In those same regulations, we will implement a duty to monitor the water quality impacts of those discharges. That will make the UK world leaders in understanding the impact of sewage discharges on the receiving environment. I therefore reassure the Committee that this amendment is not necessary, as the Government are already taking steps to ensure the accurate and timely reporting of monitoring data from wastewater treatment works. The Committee should expect further announcements on this soon.
Considering Amendment 401 in the name of the noble Baroness, Lady Hayman of Ullock, I will assume that she is referring in it to the environmental improvement plan. The plan includes the steps that we are taking to meet the legally binding long-term target to reduce phosphorus loadings from treated wastewater to the water environment. Every five years, the Government must review the environmental improvement plan and update it as necessary to ensure that it contains any further policies needed to achieve long-term and interim targets. It is therefore important that we retain flexibility to update the actions in the plan rather than setting them on a statutory footing, so that we can ensure that the actions reflect the most appropriate path to achieving our policy. It will be for this and the other place to hold Ministers to account on this in future years.
Government Amendments 393A to 393J will improve the enforceability of these provisions by making it clear that the Environment Agency needs to treat excess nutrient pollution discharge which results from the failure to deliver upgrades on time as environmental damage. The sewerage undertaker would then be liable to remediate the excess nutrient pollution determined as having been discharged. For the reasons set out, which I hope provide sufficient reassurance, I ask the noble Baroness, Lady Willis, to withdraw Amendment 390, and noble Lords not to move the other amendments in their names and to support the government amendments.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment is consequential on the Minister’s amendment at page 190, line 36.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment would change what is treated as environmental damage for the purposes of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 where a plant is in breach of a nutrient pollution standard to the excess nutrient pollution discharged (instead of the damage caused to a site).
Lord Stunell (LD)
My Lords, I support what the noble Baroness, Lady Taylor of Stevenage, said, as well as what my noble friend Lady Pinnock had to say about this.
I need to start by saying that I worked in the architects’ department of a new town for 13 years and lived in that new town during its raw development stage. Noble Lords will not be surprised to hear me say that I believe that the development corporation model has a proven track record, usually of building communities with all the essential infrastructure in a joined-up way. The Government are right to see the development corporation model as one means of accelerating necessary development, and I welcome the presence of these clauses in the Bill.
However, I will just briefly reflect on my experience. During the 1960s and 1970s, the new towns were very top-down in conception. The New Town Act made the development corporation I worked with simultaneously the client, the designer, the planning authority and the funding channel for the delivery of the projects I worked on, which was a very cosy situation for those of us working on the projects but not so good if you lived next door or sometimes literally underneath where we were developing. The later generation of urban development corporations mostly paid better lip service to local democratic institutions than that.
However, there are deficiencies, and my noble friend Lady Pinnock has put her finger on one of them. It is good that the relevant clauses inform a model whereby development corporations spring from local government initiatives and are not to be imposed by somebody with a map sitting in Whitehall. That brings me to my first question to the Minister. Clause 156(2) still reserves the power to declare urban development corporations independent of any local proposals—the Secretary of State can in fact sit behind a desk in Whitehall. Do the Government have in mind making any such designations, and if not, why do we have Clause 156(2) in the Bill?
My second question relates to the consultees listed in Clause 156(4), which inserts new provisions. Indeed, the noble Baroness, Lady Taylor of Stevenage, refers to that in her Amendment 407. A very good part of that clause says that local government is to be involved even if it is not the commissioning authority. There is then a less good list of what local government consists of. Very surprisingly, it does not include parish and town councils. They are not listed as statutory consultees, although district and county councils are. There is a parallel provision in the legislation for the urban development corporations to what we might call the green belt ones. In each case, parish councils are left out. In any normal use of language, they qualify as local government, do they not? They also qualify as legislative and statutory as well, so it is a great puzzle to me why they are not there. An important point is that they will probably be the best informed about their areas, and at a detailed level which certainly will be missed by county councils, for instance. I therefore want to hear from the Minister why parish councils are not statutory consultees.
The Minister may say that there is a catch-all here;
“any other person whom the proposing authority considers it appropriate to consult”
is among the consultees. However, that is an option for the consulting authority, not a statutory consultation partner. If you want to rely on that catch-all, why not rely on it for county councils? If it is blindingly obvious that you would always consult a parish council, and therefore you do not need to say it, it must surely be blindingly obvious that you need to consult the county council, so you do not need to say that. If you are mentioning one, why not the other?
Secondly, what led to the omission of town and parish councils? If it was an oversight, will the Minister please correct it on Report or at least tell us that the inevitable statutory instrument will make it unambiguously clear that any town or parish council in or in the vicinity of a proposal should be consulted as a matter of course? I would be very happy to receive an answer by letter, if that makes it easier.
Earl Howe (Con)
My Lords, as the noble Baroness, Lady Taylor, has explained, this group of amendments concerns development corporations. I am grateful for the broadly supportive comments from noble Lords for these provisions.
Amendment 403 probes the issue of local accountability, which was a theme picked up strongly by the noble Baroness, Lady Pinnock, whose amendment I will come to in a moment. One of the key priorities of the Government’s levelling-up agenda is to empower local leaders and communities. Introducing a new, locally led urban development corporation model will support local aspirations for regeneration without the need to establish a body accountable to central government, but which is instead accountable to local authorities. For it is local authorities—local councillors, elected by their local community—who will be the originators of the proposal and oversee the locally led development corporation, ensuring clear democratic accountability.
We completely recognise the importance of community involvement and participation in the creation of locally led development corporations. That is why we have included statutory public consultation arrangements for locally led urban and new town development corporations in the Bill, which proposing authorities must implement before submitting their proposal to the Secretary of State.
We intend also to use regulations to set out further details on the composition of board membership and aims of the oversight authority for locally led urban development corporations, as we did in relation to locally led new town development corporations in 2018. In appointing independent members, we expect the oversight authority to ensure that the board has the relevant skills and experience needed and includes those with an understanding of the local area.
I turn to Amendments 404 and 405. We recognise the importance of ensuring that appropriate scrutiny has taken place, including from the local community, where a proposal is being developed to designate the development area of a new settlement or urban development area and establishing a locally led development corporation. As I have mentioned before, we have included provisions for statutory public consultation where people can have their say on the proposals at the formative stage before it is submitted to the Secretary of State. When the proposal is received by the Secretary of State, they will look very carefully at the robustness of the plans, including at community involvement and views expressed, before making a decision on whether the proposal is expedient in the local interest and making an order to designate the development corporation’s development area.
The noble Baroness, Lady Taylor, asked whether all planning would become the responsibility of the locally led UDC and whether all powers would transfer from the local authority to the locally led urban development corporation. The answer is no—or rather, not necessarily. It is for local authorities to propose and for the Secretary of State to decide, under his discretion, whether and to what extent functions should transfer.
The noble Baroness and the noble Baroness, Lady Pinnock, also asked about the conformity of locally led UDC development with local plans. A development corporation that takes on plan-making or development management functions will be subject to the same rules as a local planning authority. I would be happy to fill out that answer in writing, if I may.
Amendments 404 and 405 are therefore an unnecessary addition to these consultation requirements. They would slow down the designation of development corporation areas. The purpose of designating the area is to determine the area in which the locally led development corporation will operate and deliver a programme of urban regeneration or a new town. There will be further opportunities for the local community to have its say on the planning proposals for the area as proposals for development come forward through the planning system.
Baroness Scott of Bybrook
“(4) Schedule (Conditional confirmation and making of compulsory purchase orders: consequential amendments) contains, and makes provision in connection with, amendments in consequence of this section and paragraph 3 of Schedule 15.”Member’s explanatory statement
This amendment introduces the new Schedule in the Minister’s name before Schedule 15, and omits one of the provisions superseded by that new Schedule.
Baroness Scott of Bybrook
“ScheduleConditional confirmation and making of compulsory purchase orders: consequential amendmentsLand Compensation Act 1973 (c. 26)
1 In section 33D of the Land Compensation Act 1973 (exclusions from entitlement to loss payments), for subsection (6) substitute—““(6) The relevant time is the time at which any of the following occurs in respect of the compulsory purchase order relating to the person’s interest in the land—(a) the order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981;(b) the order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act;“(c) a decision is made under section 13BA(2)(a) of the Acquisition of Land Act 1981 (decision that conditions subject to which order was confirmed have been met);(d) a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met).”Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)
“2 In section 5(2) of the Compulsory Purchase (Vesting Declarations) Act 1981 (vesting declaration not to be executed before purchase order operative), for “26(1)” substitute “26”.Acquisition of Land Act 1981 (c. 67)
3 (1) The Acquisition of Land Act 1981 is amended as follows.(2) In section 7—(a) in subsection (3) (regulations subject to negative procedure)—(i) after “13A” insert “or 13BA”;(ii) after “paragraph 4A” insert “or 4AA”;(b) after subsection (3) insert—““(4) So far as anything is required or authorised to be prescribed as mentioned in subsection (2) in relation to orders that fall to be made or confirmed by the Welsh Ministers— “(a) the reference in that subsection to the Secretary of State is to be read as a reference to the Welsh Ministers, and“(b) the reference in subsection (3) to either House of Parliament is to be read as a reference to Senedd Cymru.”(3) In section 26 (date of operation of orders and certificates), for subsections (1) and (2) substitute—“(1A) A compulsory purchase order confirmed under Part 2 becomes operative—(a) if it is confirmed unconditionally, on the date on which a confirmation notice in respect of the order is first published as required by section 15(3)(a);(b) if it is confirmed conditionally, on the date on which a fulfilment notice in respect of the order is first published as required by section 15(4C)(b)(i).“(1B) A compulsory purchase order made under Schedule 1 becomes operative—“(a) if it is made unconditionally, on the date on which a making notice in respect of the order is first published as required by paragraph 6(3)(a) of that Schedule;“(b) if it is made conditionally, on the date on which a fulfilment notice in respect of the order is first published as required by paragraph 6(4C)(b)(i) of that Schedule.“(1C) Subsections (1A) and (1B) do not apply to an order to which the Statutory Orders (Special Procedure) Act 1945 applies.“(2A) A certificate given under Part 3 becomes operative on the date on which it is first published as required by section 22(a).“(2B) A certificate given under Schedule 3 becomes operative on the date on which it is first published as required by paragraph 9(a) of that Schedule.(3) This section is subject to section 24.”Housing Act 1985 (c. 68)
4 (1) The Housing Act 1985 is amended as follows.“(2) In section 582 (suspension of recovery of possession of certain premises when compulsory purchase order made)—(a) in subsection (2), for paragraph (b) substitute—“(b) any earlier date on which—(i) the Secretary of State notifies the authority that the Secretary of State declines to confirm the order,(ii) the order (having been confirmed conditionally) expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981, or(iii) the order is quashed by a court.”;(b) in subsection (6), for paragraph (a) substitute—“(aa) the Secretary of State notifies the authority that the Secretary of State declines to confirm the compulsory purchase order,(ab) the order (having been confirmed conditionally) expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981,(ac) the order is quashed by a court, or”.(3) In paragraph 3 of Schedule 5A (termination of initial demolition notices)—(a) in sub-paragraph (2), after “(3)(a)” insert “or (aa)”;(b) in sub-paragraph (3)—(i) omit the “or” at the end of paragraph (a);(ii) after paragraph (a) insert—“(aa) a decision under section 13BA(2)(b)(ii) of that Act that conditions subject to which the order was confirmed have not been met, or” (c) in sub-paragraph (4), after “(3)(a)” insert “or (aa)”;(d) after sub-paragraph (6) insert—“(6A) If—(a) a compulsory purchase order has been made as described in sub-paragraph (2),(b) the order expires by virtue of section 13BA(2)(b)(i) of the Acquisition of Land Act 1981, and(c) the effect of the expiry is that the landlord will not be able, by virtue of that order, to carry out the demolition of the dwelling-house,the notice ceases to be in force as from the date when the order expires.”;(e) in sub-paragraph (7), after “(2)” insert “or (6A)”.Town and Country Planning Act 1990 (c. 8)
5 (1) TCPA 1990 is amended as follows.(2) In section 137(7)(b) (discontinuance of compulsory purchase for purpose of blight notice exception)—(a) in sub-paragraph (i), after “order” insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981”;(b) in sub-paragraph (ii), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”.(3) In Note (2) in paragraph 22 of Schedule 13 (land ceasing to be blighted by proposed compulsory purchase order)—(a) omit the “or” at the end of paragraph (a);(b) at the end of paragraph (b) insert “; or“(c) the order (having been confirmed or made conditionally) expires by virtue of section 13BA(2)(b) of, or paragraph 4AA(2) of Schedule 1 to, the Acquisition of Land Act 1981.”Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
“6 In section 48(6)(b) of the Listed Buildings Act (discontinuance of compulsory purchase for purpose of listed building purchase notice exception)—“(a) in sub-paragraph (i), at the end insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981”;“(b) in sub-paragraph (ii), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”.Historic Environment (Wales) Act 2023
7 (1) In section 111(8)(b) of the Historic Environment (Wales) Act 2023 (discontinuance of compulsory purchase for purpose of listed building purchase notice exception)—(a) in the English language text—(i) in sub-paragraph (i), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”;(ii) in sub-paragraph (ii), at the end insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to that Act”;(b) in the Welsh language text—(i) in sub-paragraph (i), at the end insert “neu pan fydd (ar ôl cael ei gadarnhau’n amodol) yn dod i ben yn rhinwedd adran 13BA(2)(b) o Ddeddf Caffael Tir 1981”; “(ii) in sub-paragraph (ii), at the end insert “neu pan fydd y gorchymyn (ar ôl cael ei wneud yn amodol) yn dod i ben yn rhinwedd paragraff 4AA(2) o Atodlen 1 i’r Ddeddf honno”.“(2) The Secretary of State may, by regulations, amend sub-paragraph (1) before it comes into force in consequence of the provision amended by that sub-paragraph being enacted other than as proposed in the relevant iteration of the Historic Environment (Wales) Bill.(3) In sub-paragraph (2)—“(a) the “Historic Environment (Wales) Bill” means the Bill of that name introduced in Senedd Cymru on 4 July 2022, and“(b) the “relevant iteration” of that Bill is the Bill as it stands after consideration by the Legislation, Justice and Constitution Committee of the Senedd on 13 February 2023.”Member’s explanatory statement
This new Schedule brings together various amendments in consequence of the introduction of conditional compulsory purchase orders (some of which are currently elsewhere in the Bill and some of which are new).
Baroness Scott of Bybrook
““(4) In section 582 of the Housing Act 1985 (suspension of recovery of possession of certain premises when compulsory purchase order made)—“(a) in subsection (2)(a), for “third anniversary of” substitute “final day of the period of three years beginning with”;(b) after subsection (6) insert—““(6A) If the compulsory purchase order specifies a period longer than three years under section 13D of the Acquisition of Land Act 1981, the references in this section to the period of three years are to be read as references to the period specified in the order.””Member’s explanatory statement
This amendment adds consequential amendments to Clause 171.
Baroness Scott of Bybrook
“Power to require prospects of planning permission to be ignored(1) In the Acquisition of Land Act 1981—“(a) in section 7(3) (regulations subject to negative procedure), before “paragraph 4A” insert “section 15A(11) or”;“(b) in section 14A (confirmation by acquiring authority), after subsection (2) insert— ““(2A) Nor does it apply to an order directing that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (see section 15A).”(c) after section 15 insert—“Special provision about compensation
15A
Directions applying section 14A of the Land Compensation Act 1961
(1) Subsection (2) applies if—(a) an acquiring authority submits a compulsory purchase order for confirmation, and(b) the authorising enactment is listed in Schedule 2A.“(2) The acquiring authority may include in the order a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored); and if it does so the following provisions of this section apply.(3) The acquiring authority must submit to the confirming authority a statement of commitments together with the order.“(4) A “statement of commitments” is a statement of the acquiring authority’s intentions as to what will be done with the project land should the acquisition proceed, so far as the authority relies on those intentions in contending that the direction is justified in the public interest.(5) If the authorising enactment is listed in any of paragraphs 1 to 6 of Schedule 2A, those intentions must include the provision of a certain number of units of affordable housing.“(6) The statement under section 12(1)(a) must include a statement of the effect of the direction; and paragraphs (ba) and (bb) of the same subsection apply in respect of the statement of commitments as they apply in respect of the compulsory purchase order.“(7) The confirming authority may permit the acquiring authority to amend the statement of commitments before the decision whether to confirm the order is made.(8) But the confirming authority may do so—“(a) only if satisfied that the amendment would not be unfair to any person who made or could have made a relevant objection for the purposes of section 13, and“(b) if the authorising enactment is listed in any of paragraphs 1 to 6 of Schedule 2A, only if the statement of commitments as amended will still comply with subsection (5).(9) If the confirming authority decides to confirm the order in accordance with the applicable provisions of this Part—(a) it may confirm the order with the direction included if satisfied that the direction is justified in the public interest;(b) otherwise, it must modify the order so as to remove the direction.“(10) If the order is confirmed with the direction included, a confirmation notice under section 15 must (in addition to the matters set out in subsection (4) of that section)—(a) state the effect of the direction,(b) explain how the statement of commitments may be viewed, and(c) explain that additional compensation may become payable if the statement of commitments is not fulfilled. (11) In this section—““the authorising enactment” means the enactment that confers the power to make the compulsory purchase to which the order in question relates;“the project land” means—(a) the land proposed to be acquired further to the compulsory purchase order, and(b) any other land that the acquiring authority intends to be used in connection with that land;“unit of affordable housing” means a building or part of a building that is—(a) constructed or adapted for use as a separate dwelling, and(b) is to be used as—(i) social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or“(ii) housing of any other description that is prescribed.”;(d) after Schedule 2 insert—“Schedule 2AEnactments eligible for directions applying section 14A of the Land Compensation Act 1961Enactments authorising acquisitions for purposes including housing
1 Section 142 of the Local Government, Planning and Land Act 1980 (acquisition by urban development corporation).2 Section 17 of the Housing Act 1985 (acquisition by local housing authority).“3 Section 226 of the Town and Country Planning Act 1990 (acquisition by local authority for development or planning purposes).4 Section 333ZA of the Greater London Authority Act 1999 (acquisition by Greater London Authority for housing or regeneration purposes).“5 Section 9 of the Housing and Regeneration Act 2008 (acquisition by the Homes and Communities Agency).6 Section 207 of the Localism Act 2011 (acquisition by mayoral development corporation).Enactments authorising acquisitions for purposes of the NHS
7 Paragraph 46 of Schedule 4 to the Health and Social Care (Community Health and Standards) Act 2003 (acquisition by NHS foundation trust).8 Paragraph 27 of Schedule 4 to the National Health Service Act 2006 (acquisition by NHS trust).9 Paragraph 20 of Schedule 2 to the National Health Service (Wales) Act 2006 (acquisition by local health board).Enactment authorising acquisitions for educational purposes
10 Section 530 of the Education Act 1996 (acquisition by local authority for purposes of educational institution or function).”(2) In the Land Compensation Act 1961—(a) after section 14 insert—“14A Cases where prospect of planning permission to be ignored“(1) The following provisions apply in relation to an acquisition if the compulsory purchase order authorising the acquisition directs that compensation is to be assessed in accordance with this section.(2) Section 14 does not apply.“(3) In assessing the value of land in accordance with rule (2) in section 5, it is to be assumed that no planning permission would be granted for development on the relevant land (whether alone or together with other land). (4) Subsection (3) does not prevent account being taken of planning permission that has already been granted.(5) Subsection (3) does not apply in relation to development consisting of the use as two or more separate dwellings of any building previously used as a single dwelling.(6) Schedule 2A provides for the payment of additional compensation in respect of the acquisition in certain circumstances.”(b) in section 32 (interest from entry on land), after subsection (2) insert—““(3) This section does not apply in relation to additional compensation payable under Schedule 2A.”(c) after the second Schedule insert—“Schedule 2AAdditional compensation where section 14A appliedDirections for additional compensation
1 (1) This paragraph applies if—(a) an interest in land has been acquired further to a compulsory purchase order, and(b) the order directed that compensation was to be assessed in accordance with section 14A.“(2) The confirming authority must, on an application by an eligible person, make a direction for additional compensation if it appears to the confirming authority that the following conditions are met.(3) Those conditions are—(a) that the statement of commitments has not been fulfilled,(b) either—“(i) that the period of 10 years beginning with the date on which the compulsory purchase order became operative has expired, or“(ii) that there is no longer any realistic prospect of the statement of commitments being fulfilled within that period, and“(c) that the initial direction would not have been confirmed on the basis of a statement of commitments reflecting what has in fact been done with the project land since its acquisition.(4) In sub-paragraph (3)—“the statement of commitments” means the statement of commitments submitted in connection with the compulsory purchase order under section 15A(3) of the Acquisition of Land Act 1981 (and if the statement was amended after its submission, means the statement as amended);“the initial direction” means the direction referred to in sub-paragraph (1)(b) (and that direction was “confirmed” when the compulsory purchase order was confirmed with the inclusion of the direction);““the project land” means the land treated as the project land for the purposes of the statement of commitments;and that statement is “fulfilled” if what is done with that land after its acquisition is materially in accordance with the statement.“(5) The effect of a direction for additional compensation is that each eligible person may make a claim to the acquiring authority for any additional compensation in respect of the acquisition payable to the person under this Schedule.“(6) A person is an “eligible person” for the purposes of this Schedule if the person was entitled to compensation in respect of the acquisition (and see also paragraph 4(1)). Amount of additional compensation
“2 (1) Additional compensation in respect of an acquisition is payable to an eligible person only if, in relation to that person, the alternative amount is greater than the original amount.(2) The amount payable is the difference between the two amounts.(3) The “original amount” is the amount of compensation awarded or agreed to be paid to the person in respect of the acquisition.“(4) The “alternative amount” is the amount of compensation that would have been assessed as due to the person in respect of the acquisition had compensation been assessed without the application of section 14A.(5) If the original amount was agreed, the relevant valuation date for the purposes of the assessment imagined under sub-paragraph (4) is the date on which the agreement was concluded.“(6) In relation to the determination of an amount of additional compensation under this Schedule, section 17(2)(b) applies as if its reference to the amount of compensation were to the amount of additional compensation.“(7) A certificate issued under section 17 (or 18) after the award or agreement referred to in sub-paragraph (3) is to have effect for the purposes of the assessment imagined under sub-paragraph (4) as if it had been issued before that assessment.(8) Any amount of compensation that is or would be attributable to disturbance, severance or injurious affection is to be ignored for the purposes of sub-paragraphs (3) and (4).Time limit for application for direction
3 An application under paragraph 1(2) may not be made after the expiry of the period of 13 years beginning with the date on which the compulsory purchase order became operative.Mortgages
“(1) For the purposes of this Schedule an “eligible person” includes a person who would have been entitled to compensation in respect of the acquisition but for the existence of a mortgage (but the mortgage is in that case still to be taken into account in determining the original and alternative amounts under paragraph 2).(“2) An amount agreed or awarded to be paid to a mortgagee under section 15 or 16 of the Compulsory Purchase Act 1965 in respect of the acquisition is to be treated for the purposes of this Schedule as compensation in respect of the acquisition.“(3) The reference in sub-paragraph (2) to an amount paid under section 15 or 16 of the Compulsory Purchase Act 1965 (“the applicable section”) includes an amount paid under section 52ZA or 52ZB of the Land Compensation Act 1973 and taken into account by virtue of section 52ZC(7)(d) of that Act for the purposes of the applicable section.“(4) Additional compensation payable under this Schedule to a person in the person’s capacity as a mortgagee (or to a person exercising rights of a mortgagee) is to be applied towards the discharge of the sums secured by the mortgage.“(5) If there is no remaining sum secured by the mortgage, the additional compensation that would be payable as described in sub-paragraph (4) is instead payable to the person who is an eligible person by virtue of the interest that was subject to the mortgage. “(6) If the additional compensation that would be payable as described in sub-paragraph (4) exceeds the total of the remaining sums secured by the mortgage, the amount of the excess is instead payable to the person who is an eligible person by virtue of the interest that was subject to the mortgage.Successors-in-title
“5 (1) This paragraph applies if, had the compensation to which an eligible person was entitled in respect of the acquisition remained unpaid, the right to be paid it would now vest in some other person (assuming that it remained enforceable and any obligations in respect of the right had been complied with).(2) If the eligible person is still alive or in existence, the rights that the eligible person would have under this Schedule are exercisable by the other person and not by the eligible person.“(3) If the eligible person is no longer alive or in existence, the rights that the eligible person would have under this Schedule if that person were still alive or in existence are exercisable by the other person.“(4) The right exercisable by the other person under sub-paragraph (2) or (3) is subject to any restriction, condition or other incident to which the right vested in that person as imagined under sub-paragraph (1) would be subject.(5) Additional compensation paid to the other person by virtue of sub-paragraph (2) or (3) must be dealt with by the person in any way in which the person would have to deal with compensation paid to that person further to the right vested in that person as imagined under sub-paragraph (1).“(6) If a person is an eligible person by virtue of paragraph 4(1), the reference in sub-paragraph (1) to compensation to which the person was entitled is to be read as a reference to the compensation to which the person would have been entitled but for the mortgage.Consequential losses
(1) The relevant authority may by regulations provide for additional compensation payable on a claim under paragraph 1(5) to include (in addition to any amount payable under paragraph 2) an amount to make good qualifying losses.“(2) “Qualifying losses” are financial losses shown to have been suffered by an eligible person, or a person entitled to exercise the rights of the eligible person under paragraph 5, as a result of the compensation initially payable to the eligible person in respect of the acquisition being of the original amount rather than the alternative amount.“(3) In the case of an eligible person who is so by virtue of an interest that was subject to a mortgage, the reference in sub-paragraph (2) to compensation payable to the eligible person is to be taken to include compensation payable to the mortgagee of that interest.“(4) Regulations under this paragraph may limit the qualifying losses in respect of which additional compensation is payable under the regulations by reference to—(a) a description of loss,(b) an amount, or(c) any other circumstance.Procedure etc
7 (1) The relevant authority may by regulations make provision— “(a) about the procedure for applications under paragraph 1(2) or claims under paragraph 1(5) (including provision about the costs of such applications or claims);“(b) about steps that must be taken by the acquiring authority or the confirming authority for the purposes of publicising or giving notice of a direction for additional compensation;(c) for interest to be applied to amounts of additional compensation that are payable;(d) about how or when additional compensation (and any interest) is to be paid.(2) Regulations under this paragraph about costs of claims under paragraph 1(5)—“(a) may modify or disapply section 29 of the Tribunals, Courts and Enforcement Act 2007 (costs or expenses) or provisions in Tribunal Procedure Rules relating to costs;(b) may apply (with or without modifications) section 4 of this Act;and section 4 of this Act does not apply in relation to such a claim unless so applied.Regulations
8 (1) For the purposes of this Schedule “the relevant authority” is—(a) the Secretary of State, in relation to England;(b) the Welsh Ministers, in relation to Wales.(2) Regulations under this Schedule may make—“(a) consequential, supplementary, incidental, transitional or saving provision;(b) different provision for different purposes.(3) Regulations under this Schedule are to be made by statutory instrument.(4) A statutory instrument containing such regulations is subject to annulment in pursuance of—(a) a resolution of either House of Parliament, in the case of regulations made by the Secretary of State, or(b) a resolution of Senedd Cymru, in the case of regulations made by the Welsh Ministers.Interpretation
9 (1) In this Schedule—(a) “the confirming authority” means—(i) the person who confirmed the compulsory purchase order, or(ii) any successor to that person’s function of confirming compulsory purchase orders of the type in question;(b) references to “the acquisition” or “the compulsory purchase order” are to the acquisition or order by virtue of which paragraph 1 applies;(c) references to the acquisition of an interest in land include—(i) the creation of such an interest, and(ii) the acquisition or creation of a right in or over land;and references to interests in land are to be read accordingly.“(2) In the case of a compulsory purchase order made under section 10(1) of, and Part 1 of Schedule 4 to, the New Towns Act 1981 (compulsory acquisition by new town development corporation in usual cases), the reference in paragraph 1(4) to section 15A(3) of the Acquisition of Land Act 1981 is to be read as a reference to paragraph 5A(2) of Schedule 4 to the New Towns Act 1981. “(3) In the case of a compulsory purchase order made under section 13(1)(a) of, and Part 1 of Schedule 5 to, the New Towns Act 1981 (compulsory acquisition by new town development corporation of statutory undertakers’ operational land)—(a) the reference in paragraph 1(4) to section 15A(3) of the Acquisition of Land Act 1981 is to be read as a reference to paragraph 5A(2) of Schedule 5 to the New Towns Act 1981, and(b) the references in paragraph 1(4) and sub-paragraph (1)(a) to the confirmation of the order are to be read as references to the making of the order.(4) If—“(a) an interest in land is acquired further to section 154(2) of the Town and Country Planning Act 1990 (deemed compulsory acquisition further to blight notice), and(b) the land falls within paragraph 22 of Schedule 13 to that Act (land blighted by compulsory purchase order),“the interest is to be treated for the purposes of this Schedule as having been acquired further to the compulsory purchase order by virtue of which the land falls within that paragraph.”(3) In the New Towns Act 1981—(a) in Schedule 4 (procedure for compulsory acquisition by new town development corporation in usual cases), after paragraph 5 insert—“(1) A development corporation submitting an order to the Secretary of State under this Part of this Schedule may include in the order a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored); and if it does so the following provisions of this paragraph apply.(2) The corporation must submit a statement of commitments together with the order.“(3) A “statement of commitments” is a statement of the corporation’s intentions as to what will be done with the project land should the acquisition proceed, so far as the corporation relies on those intentions in contending that the direction is justified in the public interest.(4) Those intentions must include the provision of a certain number of units of affordable housing.(5) The notice under paragraph 2(1) must—(a) state the effect of the direction, and(b) name a place where a copy of the statement of commitments may be seen at any reasonable hour.(6) The Secretary of State may permit the corporation to amend the statement of commitments before the decision whether to confirm the order is made.(7) But the Secretary of State may do so—“(a) only if satisfied that the amendment would not be unfair to any person who duly made or could duly have made an objection for the purposes of paragraph 4, and(b) only if the statement of commitments as amended will still comply with sub-paragraph (4).(8) If the Secretary of State decides to confirm the order under paragraph 3, the Secretary of State—(a) may confirm the order with the direction included if satisfied that the direction is justified in the public interest;(b) otherwise, must modify the order so as to remove the direction.“(9) If the order is confirmed with the direction included, the notice under paragraph 5 must— (a) state the effect of the direction,(b) explain how the statement of commitments may be viewed, and(c) explain that additional compensation may become payable if the statement of commitments is not fulfilled.(10) In this paragraph—“the project land” means—(a) the land proposed to be acquired further to the compulsory purchase order, and(b) any other land that the corporation intends to be used in connection with that land;“unit of affordable housing” means a building or part of a building that is—(a) constructed or adapted for use as a separate dwelling, and(b) is to be used as—(i) social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or“(ii) housing of any other description that is prescribed.”;“(b) in Schedule 5 (procedure for compulsory acquisition by new town development corporation of statutory undertaker’s operational land), after paragraph 5 insert—““(1) A development corporation making an application under this Part of this Schedule may include in the application a request for a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored); and if it does so the following provisions of this paragraph apply.(2) The corporation must submit a statement of commitments together with the application.“(3) A “statement of commitments” is a statement of the corporation’s intentions as to what will be done with the project land should the acquisition proceed, so far as the corporation relies on those intentions in contending that the direction would be justified in the public interest.(4) Those intentions must include the provision of a certain number of units of affordable housing.(5) The notice under paragraph 2 must—(a) state that the request has been made and what the effect of the direction would be, and(b) name a place where a copy of the statement of commitments may be seen at all reasonable hours.(6) The Secretary of State and the appropriate Minister may permit the corporation to amend the statement of commitments before the decision whether to make an order on the application is made.(7) But they may do so—“(a) only if satisfied that the amendment would not be unfair to any person who duly made or could duly have made an objection for the purposes of paragraph 3, and(b) only if the statement of commitments as amended will still comply with sub-paragraph (4). “(8) If the Secretary of State and the appropriate Minister decide to make an order on the application under paragraph 3, they may include the direction in the order only if satisfied that the direction is justified in the public interest.(9) If an order is made with the direction included, the notice under paragraph 5 must—(a) state the effect of the direction,(b) explain how the statement of commitments may be viewed, and“(c) explain that additional compensation may become payable if the statement of commitments is not fulfilled.(10) In this paragraph—“the project land” means—(a) the land proposed to be acquired further to the compulsory purchase order, and(b) any other land that the corporation intends to be used in connection with that land;“unit of affordable housing” means a building or part of a building that is—(a) constructed or adapted for use as a separate dwelling, and(b) is to be used as—(i) social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or“(ii) housing of any other description that is prescribed.”“(4) In section 157 of TCPA 1990 (special provisions as to compensation for acquisitions further to blight notices), before subsection (1) insert—“(A1) Where—(a) an interest in land is acquired in pursuance of a blight notice,(b) the interest is one in respect of which a compulsory purchase order is in force, and(c) the order directs that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961,“the compensation payable for the acquisition is to be assessed in accordance with that direction and as if the notice to treat deemed to have been served in respect of the interest under section 154 had been served in pursuance of the compulsory purchase order.””Member’s explanatory statement
This new Clause allows a Minister confirming a compulsory purchase order to direct, in certain cases involving affordable housing, health or education, that compensation should be assessed on the basis that no new planning permission would be granted for the land. It also allows the effect of that direction to be reversed if the land is not subsequently used as planned.
Monday 22nd May 2023
(1 year, 7 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-XIV Fourteenth marshalled list for Committee - (18 May 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Scott of Bybrook (Con)
My Lords, I start by addressing Amendments 415, 416 and 417 in the name of the noble Baroness, Lady Taylor of Stevenage. Clause 176 sets out the criteria and conditions that must be met before high street or town centre designation can be made. Local authorities are uniquely placed to make this designation based on their deep knowledge of their area and we must empower them to do so. The needs of both local people and local businesses may have also been considered by local authorities in the development of their local plans and regeneration programmes. These amendments add complexity and burdens for local authorities, so the Government are not able to support them, or Amendment 437, which is consequential on 415 and 417.
Amendment 418 in the name of the noble and learned Lord, Lord Etherton, seeks to clarify what is meant by “occupied” for the purpose of assessing the vacancy condition. Clause 178(4) is aimed at excluding occupation by trespassers or property guardians for the purpose of this assessment. Amendment 418 would refine that position so that this type of occupation can count where the landlord is taking steps to remove such occupiers through possession proceedings. The Government see these exclusions as necessary to ensure the policy aims of filling commercial premises for high street uses. We also consider it reasonable to expect landlords to keep their premises secure to prevent squatters, or to take court action where necessary. The Government recognise that there may be more complicated cases of trespassers, but we also consider that many local authorities are unlikely to conduct a high street rental auction on a property that has such complications. While the Government do not feel able to support this amendment at this time, I would add that we do recognise that there may be many challenges caused to landlords by trespassers. We trust local authorities to use these permissive powers sensibly where there are complications caused by certain types of trespassers. I have listened to the noble and learned Lord, and I will give his amendments further consideration.
Amendments 419 and 424, in the name of the noble Baroness, Lady Hayman of Ullock, seek to remove the Henry VIII powers for the Secretary of State to alter the circumstances of vacancy, and the flexibility within grounds of appeal, which are set out in Schedule 16. This power may be needed in future in the light of experience in operation: for example, to alter the vacancy period to ensure that it is targeting the right premises and can respond to changing market conditions; or, in the case of grounds of appeal, where there may be a need to increase the safeguards available to landlords, or to revise these grounds where they are found to undermine effectiveness. We appreciate the importance of parliamentary scrutiny regarding the grounds of appeal, and any amendment will be subject to the affirmative procedure. In the light of that, the Government are not able to support this amendment.
Amendment 420 amends the local benefit condition in Clause 179 so that a property can be let only if it supports regeneration. Currently, the local benefit condition will be satisfied if the local authority considers that occupation of the premises for a suitable high street use would be beneficial to the local economy, society or environment. The local benefit condition is framed by reference to aims that are usually associated with regeneration. Another statutory example demonstrating the use of similar language is Section 226 of the Town and Country Planning Act 1990. We wish to avoid introducing further considerations for local authorities, inadvertently narrowing the scope; so the Government cannot support this amendment.
Amendments 421 and 423 reduce the period after which an initial letting notice would expire and the period of time after which a final letting notice can be issued. We consider that making the process too quick will place an unreasonable strain on local authorities that are looking to exercise these powers. We also do not consider that these reduced timescales will provide the landlord with a reasonable amount of time to let the premises themselves and, in appropriate cases, to work with the local authority, increasing the risk that high street properties go through the auction process unnecessarily.
Amendment 422 would prevent landlords from transferring premises between related entities while an initial letting notice was in force. An initial letting notice is not affected by any change in landlord, as made clear by Clause 199(7). We do not want high street rental auctions to prevent landlords from selling their interest in the property, provided that the initial letting notice continues to bind.
Amendment 426, in the name of the noble Earl, Lord Lytton, would add a further ground for appeal against the use of a high street rental auction. Schedule 16 sets out the grounds on which a landlord can appeal against a final letting notice. The amendment would require local authorities to consider whether a landlord had taken reasonable steps to rent the property before undertaking a high street rental auction, preventing them from taking place where a landlord has done so. The amendment would introduce a complex test which could place significant burdens on a local authority and would likely discourage use and lead to it becoming ineffective. There is already a wide range of grounds for appeal, which ensures fairness for landlords. The amendment also raises matters that should feed into a ground of appeal, such as planning. These matters are already being given careful consideration by the Government. In the case of planning, the Government are currently consulting on extending permitted development rights.
Amendment 427 would require that regulations relating to the rental auction process were laid within 90 days of Royal Assent. Clause 188 sets out the principles of the rental auction process. Significant detail in relation to the process will need to be provided, which will be more appropriately dealt with through regulations. While we will make regulations as soon as possible, it is not possible to commit to a timeline of 90 days because the regulations will be informed by extensive engagement with the sector, which will then need to be reflected in the drafting of those regulations. The Government are therefore not able to support this amendment.
On Amendment 429, we consider it more appropriate to provide landlords with a general entitlement to seek compensation for damage where local authorities have exercised their power of entry and to let the Upper Tribunal decide whether there are any circumstances affecting the landlord’s entitlement to compensation, rather than providing specific exemptions. That is the approach adopted in other legislation, such as the compensation provisions in Section 176 of the Housing and Planning Act 2016, which relate to the power to enter and survey land. The Government do not feel able to support this amendment.
On Amendment 430, I assure noble Lords that high street rental auctions are being designed to minimise costs incurred by local authorities by streamlining the process and through distributing the costs across landlords and tenants. We agree with the intention of the amendment, which is why the high street rental auction consultation contains questions relating to the distribution of the associated costs and details of a standardised lease, and it would be inappropriate to pre-empt the result of the consultation. We are also making up to £2 million of funding available for support with the costs of rental auctions, and full details of this will be announced in due course. The Government are therefore not able to support this amendment.
On Amendments 431, 432, 433, 434, 435 and 436, the measures in the Bill seek to support lively high streets with activity that attracts people and businesses and avoids long-term vacancies, complementing existing government support that directly addresses the concerns raised in these amendments. There is support available to regenerate high streets, including £3.6 billion-worth of investment in the towns fund, a £4.8 billion investment in the levelling-up fund and a £2.6 billion investment in the shared prosperity fund. That is together with the £13.6 billion support package, announced in the Budget this year, to protect ratepayers facing bill increases over the next five years.
The High Streets Task Force continues to provide essential support to local leaders, with 123 local authorities having received expert advice in topics such as place-making and planning. I recognise that these amendments highlight key issues faced by many of our high streets, but I hope I have provided enough reassurance that these concerns are, or will be, addressed through current government actions.
Finally, in response to the noble Baroness, Lady Fox—
Baroness Pinnock (LD)
I apologise to the Minister for interrupting, but before she sits down, can she address this point? One of the key arguments made—in that group of amendments to which the noble Baroness referred—by the noble Baroness, Lady Hayman of Ullock, and by myself and my noble friends Lord Shipley and Lady Thornhill, was about the huge disparity in business rates between online retailers and high street town centre retailers. I will repeat a comparator that I have mentioned previously. A well-known online retailer—not many miles distant from me—pays £45 per square metre in business rates on its premises, whereas a small town high street shop near me pays £240 per square metre. It is that vast difference that is penalising our town centre shops. This is the heart of the problem that this clause is trying to address, and we are supportive of that—but unless we deal with this big difference, nothing much will change. I would be glad to hear from the Minister what the Government intend to do about business rates.
Baroness Scott of Bybrook (Con)
We are simplifying the issue of the high street. I have listened a number of times to what has been said about business rates, and I have explained how much the Government are putting in to supporting properties in the high street through the revaluation process, et cetera. The Government provide rate relief to help property owners all the time, but the issue of empty properties in the high street is much more complex than that, so there are a number of things we want to address, and one of them is what we are doing in this Bill.
I was saying that I will write to the noble Baroness, Lady Fox, because I would like some further information from the Department for Transport.
Baroness Hayman of Ullock (Lab)
My Lords, I thank all noble Lords who have taken part in this debate, which covered an important part of the levelling-up agenda. I am just thinking about the Minister’s comments. A number of times she said that it was not appropriate to accept the amendment at the moment because it pre-empted the findings of the consultation that was going on. I have said this before, but I think it would be helpful if legislation were brought forward after consultation, rather than during or before it, because that consultation could then inform the legislation. It just seems a bit backwards, as if it is around the wrong way.
Also, there are the levelling-up funds, the towns fund and various other funding pots, but they do not necessarily always go to the most needy or provide the long-term support that is needed. It is how we provide that long-term change that is important. Too often there are sticking plasters with bits of pots of money.
Workington is obviously a town near me; I used to be the Member of Parliament for Workington in the other place. An industry report by planning consultancy Marrons showed that Workington was near the bottom of the 360 provincial towns that it looked at. It has had some funding recently, for example from the levelling-up fund, and we are of course grateful for that, but the money is going to be spent on improving key routes, bringing in new cycling routes and building a new café. Well, that is lovely, but it will not solve the fact that Debenhams and Laura Ashley have gone. If people find they do not need to come into the town centre because those key shops have now closed, they are more likely to go somewhere else to shop. We really need to look at this in a much broader way. Again, that is why business rates are so very important and they are one of the main sticking points.
Again, on the issues around corporate landlords and pension funds, I absolutely agree with everything the noble Baroness, Lady Thornhill, said on those. We are pleased that the Government are looking to do something about empty shop units. As an example from where I used to live, two shops next door to each other are owned by the same landlady and have been empty for over 20 years, purely and simply because when her shops failed she did not want to let them out to anybody else. So the fact that the Government are trying to do something about this is important, but it has to be done with the support of local authorities and the local community and it has to be done in a way that genuinely makes a difference. It is also important, as other noble Lords have said, that we do not end up with exploitable loopholes or unintended consequences but do have proper oversight. Having said that, I beg leave to withdraw my amendment.
Baroness Scott of Bybrook
“Power to require provision of certain classes of information(1) Regulations may require the provision of information that is within the scope of a permitted purpose.(2) So far as the regulations are to extend to England and Wales, the permitted purposes are—(a) the beneficial ownership purpose (see section (The beneficial ownership purpose)),(b) the contractual control purpose (see section (The contractual control purpose)), and(c) the national security purpose (see section (The national security purpose)).(3) So far as the regulations are to extend to Scotland or Northern Ireland, the only permitted purpose is the national security purpose.(4) Regulations under this section must, for each requirement they impose, specify—(a) the person on whom the requirement falls,(b) the occurrence or circumstances that gives or give rise to the requirement,(c) the time limit for complying with the requirement, and(d) the person to whom the required information is to be provided.(5) The occurrence or circumstances specified under subsection (4)(b)—(a) must, in the case of a requirement to provide information within the scope of the national security purpose, and(b) in any other case may,be (or include) the giving of a notice in accordance with the regulations to the person on whom the requirement falls.(6) In relation to such cases, the regulations may also make provision deeming notice to have been given at a certain time in certain circumstances.(7) The person specified under subsection (4)(d) must be—(a) the Chief Land Registrar, or(b) another person exercising public functions on behalf of the Crown.(8) Regulations under this section may—(a) make provision about how information is to be provided (including provision requiring it to be provided by electronic means specified in the regulations);(b) provide for, or make provision about, the application of the regulations to persons outside, or information held outside, the United Kingdom; (c) relate to things done or arising before the coming into force of this section.”Member's explanatory statement
This new Clause and the other new Clauses in the Minister’s name before Clause 204 recast the powers in Part 11 so as to make them exercisable only for stated purposes (along with other minor changes).
Baroness Scott of Bybrook (Con)
My Lords, I am pleased to introduce government Amendments 438A, 440ZA, 440ZC, 440B and 440E, which provide clarity and certainty about how the powers relating to interests and dealings in land can and will be used.
First, the Secretary of State will have the ability to require by regulations the disclosure of beneficial ownership information, where it is not already available. These changes will supplement and reinforce the current transparency regime. Secondly, the amendments give the Secretary of State the ability to create regulations to require information on certain arrangements which control land, short of outright ownership. This will enhance the available information on those arrangements. Thirdly, the amendments would allow regulations to enable the Secretary of State to require certain details of ownership and control about a property, where it appears to the Secretary of State that there is a national security threat linked to that property. That could apply, for example, to critical national infrastructure or sensitive sites.
Baroness Hayman of Ullock (Lab)
My Lords, I have a couple of amendments in this group. We have heard that Part 11 sets out a framework for creating powers to require disclosure of certain relevant information relating to ownership and control of land in England and Wales, including transactional information. Of course, if this is implemented, it is another significant layer of disclosure around land ownership and control in England and Wales, supplementing the information that is currently held or is going to be held in a number of public registries. It appears that the Government’s ultimate goal here is to ensure transparency around land ownership and control in England and Wales. We would support this aim.
My Amendment 440 probes the retrospective application of this section. As drafted, the provisions could require the disclosure of information relating to events prior to the enactment of the Bill. Clause 206(4) says:
“Regulations under section 204 or 205 may relate to things done or arising before the coming into force of this Part”.
This amendment probes the benefits of doing this retrospective application and what the Government are aiming to achieve through this.
My second amendment, Amendment 439, probes how local communities can request land ownership information. It would be really helpful if the Minister could provide a bit more information for us to understand how communities are expected to access this information and how that fits in with the role of the Secretary of State.
I thank the Minister for her thorough introduction to the government amendments. Amendments 438A, 438B, 438C, 438D and so on insert clauses before Clause 204. They
“recast the powers in Part 11 so as to make them exercisable only for stated purposes”.
Do these provisions apply to government agencies, such as Homes England, as well? If conditions are attached, they can get in the way when regeneration schemes are being considered. It would be good to have some clarification on that point.
We would support the noble and learned Lord, Lord Hope of Craighead, in what he is trying to achieve in Amendment 440A. If the Minister could either provide clarification to the noble and learned Lord or look at tightening up the wording, as he suggests, that would be extremely helpful.
Baroness Scott of Bybrook (Con)
My Lords, in response to Amendment 439 in the name of the noble Baroness, Lady Hayman of Ullock, I confirm that it will be in the public interest for some of the information that is collected to be published. For example, we intend to publish data on arrangements such as option agreements that developers and others have over land. However, there is some information that we will not be able to publish, so we need to strike the balance between transparency, legitimate privacy, confidentiality and practical or security considerations. Therefore, some information will be shared only
“with persons exercising functions of a public nature, for use for the purposes of such functions”.
At this stage, I want to answer a couple of questions from the noble Baroness, Lady Pinnock. She asked why we need beneficial ownership. We believe that the property market in England and Wales should be fair and transparent. A lack of transparency can make it hard to identify rogue landlords, the owners of empty properties and those liable under the Building Safety Act, and it can leave the market vulnerable to criminal activity. We believe that this will deter individuals from using complex structures to obscure ownership of property, and it will provide criminal offences and sanctions for failure to comply.
Baroness Scott of Bybrook
“The beneficial ownership purpose(1) Information is within the scope of the beneficial ownership purpose if it appears to the Secretary of State that the information would be useful for the purpose of— (a) identifying persons who are beneficial owners of land in England or Wales, or(b) understanding the relationship of those persons with the land that they beneficially own.(2) For the purposes of this section, a person beneficially owns land if either of the following subsections applies.(3) This subsection applies where—(a) the land is owned by a body corporate or partnership, and(b) the person is, in relation to that body corporate or partnership, a beneficial owner within the meaning given by regulation 5 of the Money Laundering Regulations.(4) This subsection applies where—(a) the land is owned as part of—(i) a trust, foundation or similar legal arrangement, or(ii) the estate of a deceased person in the course of administration, and(b) the person is, in relation to that trust, foundation, arrangement or estate, a beneficial owner within the meaning given by regulation 6 of the Money Laundering Regulations.(5) In this section—(a) expressions that are also used in regulation 5 or 6 of the Money Laundering Regulations have the same meaning as in that regulation;(b) references to ownership of land (except references to beneficial ownership) are to the legal ownership of a freehold or leasehold estate in the land;(c) “the Money Laundering Regulations” means the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692).”Member's explanatory statement
See the explanatory statement for the first new Clause in the Minister’s name before Clause 204.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment makes it clear that details of transactions involving land can be obtained under Part 11 (notwithstanding the recasting of the powers of that Part by the new Clauses in the Minister’s name before Clause 204).
Baroness Scott of Bybrook
Member's explanatory statement
This amendment is consequential on the first new clause in the Minister’s name before clause 204.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment is consequential on the first new Clause in the Minister’s name before Clause 204.
Baroness Scott of Bybrook
“Offences(1) A person who, without reasonable excuse, fails to comply with a requirement imposed under section (Power to require provision of certain classes of information) commits an offence.(2) A person commits an offence if—(a) the person provides information in response to a requirement imposed under section (Power to require provision of certain classes of information),(b) the information is false or misleading in a material particular, and(c) the person knows that the information is false or misleading or is reckless as to whether it is. (3) But an offence under this section is committed under the law of a given jurisdiction only if the requirement in question is imposed by regulations extending to that jurisdiction.(4) A person who commits an offence under subsection (1) is liable—(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both);(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).(5) In subsection (4)(a), “the maximum term for summary offences” means—(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;(b) if the offence is committed after that time, 51 weeks.(6) A person guilty of an offence under subsection (2) is liable—(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);(d) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).(7) If—(a) an entity within subsection (8) commits an offence under this section, and(b) a person who is, or is purporting to act as, a relevant officer of the entity authorises or permits, participates in, or fails to take all reasonable steps to prevent the commission of the offence,that person also commits the offence.(8) The entities within this subsection are those specified in the first column of the following table; and “relevant officer”, in relation to such an entity, means a person acting in a capacity specified in the corresponding entry in the second column.
Entity | “Relevant officer” |
A company. | A director, manager, secretary or similar officer. |
A partnership. | A partner. |
A body corporate (other than a company) or unincorporated body whose affairs are managed by a governing body. | A member of the governing body. |
A body corporate (other than a company) or unincorporated body whose affairs are managed by its members. | A member. |
This new Clause provides offences of non-compliance with regulations under Part 11.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment removes provision superseded by the new Clause in the Minister’s name after Clause 207.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment removes a definition that is no longer required as a result of the new Clauses in the Minister’s name before Clause 204.
Baroness Scott of Bybrook
Member's explanatory statement
See the explanatory statement for the second amendment in the Minister’s name to Clause 209.
Earl Howe (Con)
My Lords, this has been a full debate on the numerous issues bearing on pavement licences. I shall begin by addressing Amendments 449 and 450 in the name of my noble friend Lord Holmes of Richmond, to whom I listened with great care and respect. These two amendments relate to the definition of “relevant highway”. The Government support making it as easy as possible for businesses and local authorities to facilitate outdoor eating and drinking through the use of the streamlined pavement licence process. We believe that local authorities should maintain the flexibility to control pavement licences on highways which are both publicly and privately maintainable. The Business and Planning Act 2020 does not currently distinguish between those two types of highway, and as such any enforcement powers available to local authorities would apply equally, ensuring that local authorities can take appropriate action where there are issues with licences.
There are already a number of ways a local authority can consider the pedestrianisation of a street, including to facilitate the placement of furniture on the highway for alfresco dining. They include consideration of important issues such as whether vehicular access is required. Pavement licences can then be granted to highways that have been considered under those processes. We have seen the success of this in practice across the country, including in Soho in London and in the Northern Quarter in Manchester.
Turning to Amendments 451 and 452, which relate to fees and are also in the name of my noble friend, I can say to him that in developing proposals to make the streamlined pavement licensing process permanent, we have worked closely with local authorities, businesses and leaders from the hospitality sector and communities, and many of the points made in this debate have been raised during that process, including the issue of fees. We are increasing the fee cap from £100 to £500 for first-time applications and to £350 for renewals, having undertaken a detailed analysis of actual costs, to create a sustainable process which will cover the costs to local authorities in processing, monitoring and enforcing the process, while remaining affordable and consistent for businesses around the country, which were seeing inflated fees reaching thousands of pounds per application under the previous process. Local authorities maintain flexibility to set fees at any level under the fee cap to respond to local circumstances. For example, we have seen some areas making licences free to support their local high streets. At a time of rising costs, we are not seeking to impose additional charges on businesses, particularly given that the hospitality industry was one of the hardest hit by the pandemic.
My noble friend asked specifically whether we could include maintenance and schemes for profit-sharing in the licence. The fee cap, on which we have consulted extensively as I have mentioned, is set at a level which will cover the costs to local authorities for the administrative burden that they undertake in issuing licences. As I have emphasised, we are not looking to impose additional costs at this time.
On Amendments 453, 454, 456 and 457, also in the name of my noble friend, the pavement licence process that we are seeking to make permanent has been successful in the past few years because it provides a simpler, more streamlined process to gain a licence. Amendment 453 would introduce an unnecessary new administrative process for local authorities in requiring that receipts are sent to all applicants. It also has the potential to create a delay in the process, meaning that licences could take longer to be determined should receipts not be processed in reasonable timescales. However, we are seeking to double the consultation and determination periods compared to the temporary process to ensure that communities have sufficient opportunity to comment on applications. The total period allowed for consultation and determination will change to 28 days.
We have worked closely with stakeholders, including groups representing disabled people, local community groups, businesses and local authorities, in considering the consultation period when making the streamlined pavement licence process permanent. In working with these groups, we have sought to achieve a balance between a quick and streamlined process and ensuring that the process is sustainable for the long term and gives communities an opportunity to comment on applications. That is why we are setting the consultation and determination periods at 14 days each—double that of the temporary process. Amendments 454 and 456 would create a slower process than that which it would replace.
Regarding Amendment 457, the deemed consent provision would encourage local authorities to make determinations within the 28-day window from submission. In the rare circumstances where local authorities do not make a determination and the application is deemed to be granted, this will be subject to all national and locally published conditions, including the “no obstruction” condition, which seeks to ensure that the pavement remains accessible for all. Where this condition is not met, local authorities can revoke licences.
I turn to Amendments 455, 458 and 460, also in the name of my noble friend Lord Holmes. Free flow of pedestrians and other users of the highway is important, which is why the Business and Planning Act 2020 already requires that local authorities take this into consideration when determining applications through Section 3(5) and (6)(a), and prevents licences from being granted where they would prevent pedestrians or other non-vehicular traffic from entering or passing along the highway, or having normal access to premises adjoining the highway.
With respect to Amendment 458, we are aware anecdotally of conditions which would, for example, require that licensed furniture be removed when not in use, and conditions which go further than our national smoke-free condition. We consider that local authorities have local knowledge and appropriate powers to impose such conditions should they consider it necessary. We do not think it is necessary or appropriate to create national conditions for these issues, as there are circumstances where it may not be necessary or appropriate.
With regard to Amendment 460, I thank my noble friend Lord Holmes for raising the very important issue of accessibility and impact of pavement licensing on disabled users of the highway. I listened carefully to the powerful speeches of my noble friend Lord Blencathra and the noble Baroness, Lady Jones, among others. The existing legislative framework requires local authorities to take these matters into account and they cannot grant a licence if pedestrians are prevented from using the highway as they usually would.
We have taken this issue very seriously in the light of experience since the pandemic. The Business and Planning Act 2020 sets out that all licences are subject to the “no obstruction” condition, which protects pavement users to ensure that they are not prevented from using the highway. In particular, it states that local authorities must have particular regard for disabled people when considering applications, and must have regard to the guidance published by the Secretary of State. This guidance, developed in close collaboration with Guide Dogs and the RNIB, sets out considerations that local authorities should take into account, including whether they should require barriers separating furniture from the rest of the highway—such as colour contrast and tap rails—or more rigid physical barriers. I hope that, taken together, these comments are helpful to my noble friend Lord Holmes and, indeed, to the Committee.
I turn next to Amendment 459 tabled by my noble friend Lord Young of Cookham. The streamlined pavement licence provisions under debate may be granted, as he will know, subject to any condition that the local authority considers reasonable, as set out in Section 5(1) of the Business and Planning Act 2020. As he rightly mentioned, we are aware that a number of councils across the country, including Manchester and Newcastle, have put in place local conditions that ban smoking in pavement licence areas. We believe it is important to allow local areas to make the decisions that are right for them, using local knowledge and the powers that they already have to impose conditions.
But that is not all. Any licences granted under temporary pavement licence provisions will be subject to a smoke-free condition whereby the premises will need to make reasonable provision for seating outdoors where smoking is not permitted. This condition ensures that customers have greater choice so that smokers and non-smokers are able to sit outside. As I have indicated, local authorities are also able to consider setting their own local conditions where appropriate and where local decision-makers believe that it is reasonable to do so.
I turn next to Amendments 462 and 463 in the name of the noble Baroness, Lady Taylor of Stevenage. The Government recognise the importance of having a system that can be properly enforced to both deter and tackle the unauthorised placement of furniture. Powers introduced in the Bill enable local authorities to serve notice requiring that businesses remove furniture that has been placed on the pavement without a licence. If this notice is contravened, local authorities can remove the furniture themselves or instruct to have the furniture removed, and can then recover the costs of this and sell the furniture and retain the profits.
It is the Government’s position that the introduction of the powers proposed will lead to appropriate protection of our communities by giving local authorities powers that both work as a deterrent and directly tackle where notices are ignored, ensuring that the licensing system operates appropriately. Highways authorities already have powers in the Highways Act 1980 to tackle obstructions on the highway, including Section 148, which creates an offence of depositing, without lawful authority or excuse, things on the highway that cause interruption to users of the highway.
I turn finally to Amendment 448, 464 and 465 in the name of the noble Baroness, Lady Taylor of Stevenage. These amendments seek to introduce requirements for assessments of impacts relating to various aspects to be taken by local authorities, by businesses or by government in advance of the measures being made permanent through the Bill. The Government agree that accessibility is incredibly important, and that our towns and city centres should continue to be accessible for all residents. As I set out earlier, we have made it a requirement—set out in Section 3(5) of the Business and Planning Act 2020—that the local authority must consider the impact of the proposed licence on accessibility of the highway to non-vehicular traffic before granting a pavement licence. As I also mentioned a second ago, we worked closely with the RNIB and Guide Dogs on the guidance that supports this.
We also recognise the importance that these measures will have on the vitality and vibrancy of high streets across the country, and encourage businesses and local authorities to embrace the opportunities that this regime offers while considering the impact of new licences on the community. We do not think it necessary or appropriate to require, through legislation, local authorities to consider to what extent a licence will increase high street footfall for the purpose of regeneration, because this would introduce additional burdens on both businesses—in the form of likely needing to undertake analysis and provide evidence of this—and local authorities in assessing this.
Finally, on Amendment 465, I am grateful to the noble Baroness for raising these important issues, which reflect previously tabled amendments that we have discussed on consultation periods, the introduction of tactile markings and the removal of deemed consent. We do not think it appropriate to require a report to be published on these matters as they have already been actively considered, as I have made clear. I hope these comments are helpful to her as regards the amendments in her name and that, specifically, she will feel able to withdraw her Amendment 448.
Baroness Taylor of Stevenage (Lab)
My Lords, I am grateful to the Minister for, as ever, a thorough response to the issues that have been raised during this interesting debate. I am grateful to all noble Lords who have participated.
I appreciate the frustrations of Government Whips, but the purpose of your Lordships’ House is to give proper scrutiny to legislation that comes before us. This is a long and complex Bill with diverse issues, many of which go right to the heart of our communities’ concerns, and it is only right and proper that we raise the issues that we know they would want us to probe and explore in this House.
Baroness Hayman of Ullock (Lab)
My Lords, I start by thanking my noble friend Lady Hayter for her very detailed and clear explanation of the concerns felt by a number of noble Lords about why this clause is in the Bill at all. I thank the noble Earls, Lord Caithness and Lord Lytton, for their very detailed knowledge and perspective from their professional point of view; that was extremely helpful and I think this is a very important debate.
I added my name to the clause stand part notice because we are also extremely concerned by the wording of Clause 213 as currently drafted. As we have heard, it provides a power for the Secretary of State to instigate a review of RICS at any time and with very few limits in terms of scope, rationale or process. At the same time, it fails to set out any related statutory protections for RICS or for the chartered surveying profession more broadly. Our concerns stem from the fact that this seems a very significant step for a Government to take—to actually create powers to instigate reviews of an independent, member-funded institution, which does not itself, as we heard, exercise any statutory powers. Noble Lords have said they are concerned that this could risk creating a perception of RICS’s inability to act independently and in the public interest. As the noble Earl, Lord Lytton, said, it has nothing to do with either levelling up or regeneration and could set a highly unusual precedent for any other royal chartered body in the future.
We have heard about the independent review by the noble Lord, Lord Bichard, and the previous review mentioned by my noble friend. She went into the detail of what the independent reviews have said. Also, recommendation 14 of the report by the noble Lord, Lord Bichard, required an independent review of RICS to take place every five years. My noble friend said that it has agreed to do that even more frequently, every three years, so I do not really understand what the Government’s concerns are. It strikes me that, despite the concerns the noble Earl, Lord Lytton, laid out about recent issues within RICS, it has taken concerns raised extremely seriously, has accepted the recommendations in this report and is amending the RICS charter and by-laws to reflect the recommendations in full, subject to the approval of the Privy Council.
So my first question to the Minister is: why do the Government feel the need to interfere in this process? RICS itself, having accepted the recommendations in the review, is looking to ensure that it is held accountable in a transparent, orderly and appropriate manner, so I genuinely do not understand why the Government feel they need to legislate, as other noble Lords have said. It would be extremely helpful if the Minister could properly explain.
I also found it very concerning to hear from my noble friend Lady Hayter that there do not seem to have been any recent meetings between RICS and the Government. Can the Minister confirm that and explain what meetings have been held to discuss this and when? It does seem quite an extraordinary step. We support either the removal or the amendment of this clause so that it aligns with the wording of recommendation 14 of the review of the noble Lord, Lord Bichard, if it is going to stay in here. Surely the regulation of professions should be overseen by independent governance and decision-making that uphold the public interest and also guard against any risk of improper interference. Can the Minister explain why this clause is in the Bill? Will he also comment on the suggestion of hybridity, because this is extremely concerning?
Earl Howe (Con)
My Lords, I am grateful for the discussions my noble friend Lady Scott and I have had with the noble Baroness, Lady Hayter, and the noble Earl, Lord Lytton, prior to this debate. I appreciate that they and others have hesitations and reservations around this clause; however, I hope I can persuade the Committee that those reservations should not be given weight.
The Government consider that Clause 213 should remain in the Bill because retaining the Secretary of State’s power in legislation to initiate reviews demonstrates that the Government are committed to supporting RICS in regaining and retaining its reputation after some very serious public failings in 2018-19. The clause also gives the Secretary of State discretion to set specific matters for the independent reviewer to consider that are connected to its governance and effectiveness. The noble Baroness, Lady Hayter, said that there was no rationale for this. The provision is to ensure that a review could specifically include issues that become a public concern, such as providing leadership to the market for the benefit of consumers, rather than always seeking to satisfy members.
The noble Baroness, Lady Hayter, indicated that she viewed the clause as interfering with an independent, free-standing institution. The noble Earl, Lord Lytton, made a similar point. While the clause clarifies the Secretary of State’s power to initiate a review, it would create no power to intervene in the workings of RICS, so I disagree with the premise that Clause 213 interferes with the independence of RICS. Indeed, the clause is clear in clarifying the independence of any proposed reviewer and, with regard to the review itself, mandates only the remit and a requirement to publish, and not, for instance, how the review is undertaken.
I point out to the noble Earl, Lord Lytton, that the power conferred by the clause is strictly limited. The Secretary of State would be required by the clause to publish the independent reviewer’s report but, as he mentioned, the Government are not legislating to act on the review’s outcomes or the independent reviewer’s report, because we cannot, as he said, pre-empt any findings or recommendations. Should the Government require any legislative powers to enact any of the recommendations from a review, we will need to return to Parliament for permission. Once again, this approach will ensure RICS’s ability to operate independently from government while strengthening its accountability to Parliament. The noble Earl asked whether any report would be made directly to the Department for Levelling Up, Housing and Communities. The answer is no: the report would be independent and the Secretary of State is simply required to publish it.
The noble Baroness, Lady Hayter, said that there would be no reason for the Secretary of State to establish an inquiry under the terms of this clause. RICS is uniquely influential across construction sectors and their links with financial service markets. It is the sole body for bestowing chartered surveyor status in the UK and its reputation took a big hit as a result of the failings of 2018-19, which, given its unique role in these matters, is a very serious issue. We cannot and should not gloss over those failings. Historically, RICS took a very limited view of providing leadership to the market for the public good, being constrained by its internal practices and policies, such as on EWS1 forms, and this contributed to difficulties for leaseholders in selling their flats.
My noble friend Lord Caithness said that the Government do not need this power: he asked what the point was of including the clause. In this clause, we are setting out the scope of any review, and this should act as a reassurance as to the limits of what the Secretary of State is empowered to do. I say again: RICS’s independence of working is not in question. At the same time, the Government are signalling the importance we attach to RICS in protecting consumer interests through its guidance and standards, as well as the regulatory functions it undertakes across the market, improving and managing the built environment and land.
Earl Howe (Con)
As I mentioned, the way the clause is phrased should give reassurance to those who feel that there might be a danger of the Government interfering with the operation of RICS. The clause does not permit that.
The Earl of Caithness (Con)
My Lords, that does not answer my question. Could my noble friend answer my question?
Earl Howe (Con)
I believe I have done so. The clause is justified for all the reasons I have mentioned.
Lord Lucas (Con)
My Lords, I am fascinated by the possibility of using this same mechanism on the chartered accountants, of whom I am a fellow and whom government often wishes would conduct themselves otherwise when looking after and examining the health of companies on behalf of shareholders; and on bodies such as psychiatrists’, which are currently adopting some very strange policies that seem to run counter to the national interest. But do we really want to rob these bodies of their independence, in a way that this clause starts us down the road to doing? Or do we want to encourage—and I have nothing, I am glad to say, to do with the role of the Royal Institution of Chartered Surveyors—these bodies to heal themselves when they are sick, as appears to have happened in this case? There are a lot of bodies that have grown up over the years doing very important work within their segments of British public life. Are we really saying that this is the start of bringing them all under the Government, or are we happy to say that they may go wrong sometimes but what matters is that they sort themselves out and stay independent?
Earl Howe (Con)
My Lords, I would simply encourage my noble friend to read my remarks in Hansard. There is no promise in this clause to the effect that the current or a future Secretary of State will initiate a review, but that there should be a power for them to do so. I would encourage my noble friend to reflect on the justification I gave in the terms that I gave it, which is that we are clear that the independence of RICS in operating as it does is not in doubt.
Baroness Hayter of Kentish Town (Lab)
My Lords, I thank the noble Earls, Lord Caithness and Lord Lytton, the noble Lords, Lord Thurlow and Lord Lucas, and my noble friend Lady Hayman, for their contributions on what I think is a rather significant and important issue. I also thank the Minister; “nice try” is how I would summarise what he has tried to do. Much more serious than that, though, I think he gave the game away.
I did not talk about EWS1, quite deliberately, at the introduction of this because I thought it would put the Government on the wrong foot. I felt that that was not a debate we should get into. I must declare an interest, as I live in a cladded building, so I was very involved from day one with the issue of cladding. I remember EWS1 and I remember before that. I remember when the threshold was 18 metres, which affected where I live. The Government asked RICS whether it would say a building was safe below, I think, 14 metres. RICS felt it could not, in all seriousness, give that assurance. I, as a consumer and a resident of a tall building, was reassured that a standard setter—a surveying organisation—did not give in to the Government and did not say that a building would be safe when it was not.
I deliberately did not use that at the beginning of this debate because I did not want to start a ding-dong about something in the past that I thought the Government had got wrong at the time. They were trying to put together a package, which was very complicated after Grenfell. There was the matter of how much money would go towards the buildings that would be affected, and that would come out of a £6 billion fund that was not there at the time. I understand the Government were having difficulties, but it is giving the game away that the Minister has mentioned that, because it is a row that happened then.
RICS may have been completely wrong—it could have been absolutely safe. It could have said that all these buildings under 14 metres that are cladded are absolutely safe. RICS could have been absolutely wrong, and the Government could have been right to ask them to sign off the form. I think we were on Advice Note 14 at the time, so we have been through a lot of these. I, as the consumer, would prefer an independent organisation, even if it is wrong, to tell me whether my dwelling house is safe, rather than the Government, who obviously had a vested interest because of the amount of money they were going to put into it. I was not going to raise that issue, because I thought it was going back. I do think this has given a lot away.
The noble Earl, Lord Caithness, has asked why we need this, because the Government can do it anyway. The Minister has said that the Government have no powers to do anything; even if they set up an inquiry and it proved everything, they still cannot do anything. So the only thing it does is give a chill factor, a threat factor. I think it was the noble Lord, Lord Thurlow, who called it the sword of Damocles. We have had this from the Government before; twice, I have had to deal with it. I dealt with it once before I was in this House, when I chaired the Legal Services Consumer Panel. At that stage, the coalition Government tried to make us—the consumer panel and the Legal Services Board itself—put our websites on GOV.UK. That may not sound very serious, but for an independent regulator of lawyers, it was seen as a real threat to the independence of regulating lawyers. We fought the Government off and just refused to do it.
We then had it again during the passage of the Bill on the mutual recognition of professional qualifications, when the noble Lord, Lord Grimstone, was the Minister. The Government were trying to take a power over the regulators to decide whether they should, for example, accept nurses, vets and other professionals as part of a trade deal, so they would have been regulating the recognition of the qualifications of people coming here from another country as part of a trade deal. We saw off the noble Lord, Lord Grimstone, at the time, and the Bill was much changed, as he admits. We wrote into that Bill a clause saying that the regulators must remain independent of government. So, here we have the itchy fingers of government trying to tell independent regulators what to do. The Minister says there is no power to intervene, and so there is no interference—but the threat is a power to intervene.
I am not going to answer all the points that have been made, because I think they speak for themselves. The Government will understand the unease around the Committee about this proposal. I do not think they have made any argument for the need for this. Frankly, if the Government intervened in every organisation that had gone a bit awry, we would have them looking at the CBI at the moment, which is another important institution in civic society. It is going through much more of a meltdown than anything poor old RICS did, but I assume that the Government are not going to try to interfere in any chartered institute or anything else, or just an independent organisation that has had some troubles.
I do not think the Government have answered how this clause is going to promote the levelling-up agenda. Indeed, if there is any loss of confidence in surveyors, it will do exactly the opposite. The Minister has failed to give assurances that it will not be used as a big stick to make RICS do their bidding in the future.
I am delighted that the Minister has reported, finally, that there will be a meeting between his oppo in the Commons and the chief executive of RICS. It is a bit late, frankly, when we already have a clause in a Bill—I am not going to push it to a vote now, so within a minute or two it will be in the Bill—to have a meeting. We need this self-regulation; that is the right way for independent regulation. I think the Committee and the Minister will not be surprised by me saying that I will return with an amendment to delete the clause on Report.
Baroness Scott of Bybrook
Member’s explanatory statement
This amendment is consequential on the amendment in the Minister’s name inserting new subsection (6A) into Clause 214.
Baroness Scott of Bybrook (Con)
My Lords, Amendments 467B and 467C address consequential amendments to the marine licensing cost recovery powers. Clause 214 gives the Secretary of State fee-charging powers for post-consent marine licence monitoring, variations and transfers. We are now adding a consequential amendment to clarify the position where there is an overlap between the general post-consent marine licensing fees and oil and gas marine licensing fees for the same activity, to provide that the oil and gas fees will apply in those circumstances.
Amendments 467D, 467E, 504GK, 504M, 509D and 513 will support the Government’s response to the eventual recommendations from the Grenfell Tower inquiry. The Building Safety Act 2022 set up the building safety regulator and its functions within the Health and Safety Executive. We continue to support the Health and Safety Executive in delivering these new functions, and I take this opportunity to thank it for its work over the last two years. To future-proof the building safety regulator and its critical work and protect the other important work of the Health and Safety Executive, the Government consider it essential that we have the option to move the building safety regulator to an existing or new body in the future. This will allow the Government to respond quickly, if needed, to the Grenfell Tower inquiry, which we expect to be published at the end of this year. I recognise that there will be concerns about how broad these powers are. To provide reassurance, the powers are affirmative and include a 24-month sunset provision, which can be extended only if needed and only after Parliament’s consideration.
In speaking to Amendment 467F, which introduces a new clause after Clause 214, I will speak also to Amendments 509C, 504N and 514. This new clause addresses a concern of schools that occupy premises held on special trusts for the purposes of those schools. Local authorities have a discretionary power to provide premises for academies, but there is currently no requirement to transfer the land, as exists for maintained schools. Instead, the local authority tends to offer the academy trust company a lease. If trustees hold particular premises specifically for a school and the school moves to other premises, they cannot carry out the purpose of their charity if nothing else is done, as their premises end up without a school.
The new clause ensures more consistent treatment across the system, where the local authority must transfer the new premises it is providing to the charitable school trustees. In exchange, the trustees must pay the local authority the proceeds of sale from the existing premises—or, if the local authority agrees, the trustees can simply transfer the existing premises to it.
I turn to Amendment 504HA. In the light of the successful passage of the Historic Environment (Wales) Bill through the Senedd Cymru, the Government are giving further consideration to the approach to the power under paragraph 7(2) of the new schedule to be inserted after Schedule 15 by government Amendment 412B. As such, I do not intend to move Amendment 504HA at this time.
Lastly, I turn to Amendments 504K and 504L. The United Kingdom faces constant threats to its national security, as Russia’s invasion of Ukraine has made us all too aware. These amendments will ensure that Ministers can require information about properties that may be used to threaten national security, wherever they are in the United Kingdom.
I beg to move.
Lord Stunell (LD)
My Lords, I want to comment on and ask some questions about the amendments in this string that relate to the building safety regulator: Amendments 467D, 467E, 504GK, 504M, 509D and 513. The Minister somewhat skated over their significance; I have some serious questions to ask. It is worth pointing out that these amendments tabled by the Government are so out of scope that one of the amendments is seeking to extend the Bill’s scope so that they can be included.
Briefly, these amendments would give the Secretary of State powers to scrap the building safety regime set up by the Building Safety Act, which was passed just 12 months ago. That regime, with a new building safety regulator under the auspices of the Health and Safety Executive, was a specific and central recommendation of the Hackitt review, which the Government accepted in full at the time and which had the sustained support of your Lordships’ House at every stage of the Bill’s passage. There was criticism of that Bill as it went through this House but it centred on the inadequate compensation provisions and the uncertainty created by the delay in bringing the regulatory regime fully into force, which does not actually happen until later this year. No concerns were expressed about the regulatory mechanism being set up.
The 18-month delay in the coming into force of that regulator was said by the Government at the time to be necessary to allow time for the regulator to set up shop and because of the need for the construction industry to train up qualified personnel and then deliver, in accordance with the regulator’s requirements. Bringing the building regulation system under the Health and Safety Executive was warmly welcomed on all sides. Again, the criticism was that its reach was too limited and should not be confined to high-rise and high-risk buildings; it was said that the regulator’s remit should be expanded. No voice was raised that this was the wrong model, still less that it was unfit for the essential job of upgrading building standards drastically and rapidly following the Grenfell Tower fire.
Last year, the Government resisted the expansion of the regulator’s role on the grounds that it had to learn to walk before it started to run. Since the regulator was appointed, multiple workstreams and training programmes have begun throughout the construction industry in what is undoubtedly one of the most challenging catch-up operations that it has ever faced. The industry has faced up to it because of the unflinching, no-holds-barred approach of the regulator—strongly supported, of course, because of the certainty that primary legislation gives it—means that it had no choice. There is no risk—or, in some quarters of the construction industry, no hope—of the regulator going soft over time because it is there through primary legislation with a very strong remit.
Baroness Scott of Bybrook (Con)
I thank noble Lords for that interesting debate on the government amendments. The noble Lord, Lord Stunell, asked why this measure is necessary. The Health and Safety Executive has a strong identity and a regulatory background focusing on safety. That is why it was well positioned in 2020 to deliver the building safety regulator quickly, and why the Building Safety Act specified that the Health and Safety Executive—which, I say to the noble Earl, Lord Lytton, comes under the DWP—would be that regulator.
However, it is clear from the evidence given to the Grenfell Tower inquiry that the Government must provide stronger stewardship across the wider built environment, addressing safety alongside issues such as housing standards and the intergenerational impact of new buildings. That may require longer-term reform and could impact on building-related regulatory functions that are currently spread across multiple regulators and arm’s-length bodies. The Government must continue to consider the best vehicle to deliver that intent.
That does not affect the ambitious timeline for the building safety regulator. That is important work. We expect the regime to be fully operational by April 2024 and are determined not to impact on that programme. I say again that we are grateful to the Health and Safety Executive for all that it has done to bring this regime to life.
Lord Stunell (LD)
I ask the Minister to consider the timeline a little more carefully. If the current regulator is not going to be in full flow until April next year, and if the Grenfell inquiry’s final report comes—as she suggested it would—some time next year, are the Government confident that they can maintain a viable building safety regulatory operation using the existing structure based on the HSE, properly staffed and properly led, through that transition period? Is she further satisfied that a two-year window following the publication of the Grenfell Tower final report is sufficient to undertake the very wide-ranging review that she has just been outlining? Would it not make more sense to pause that process and, once the Grenfell Tower inquiry’s report is received, take a measured look at all those together and produce a further Bill in good time, with proper consideration by your Lordships?
Baroness Scott of Bybrook (Con)
No, my Lords, because we are not actually putting anything in place in this Bill. We are giving the Secretary of State the opportunity to do so if the Grenfell Tower inquiry comes out with something that it requires. I have no doubt that the building safety regulator will continue to work as it has always worked—with professionalism —to deliver that, and I am not hearing any issues from the building safety regulator.
The noble Lord, Lord Stunell, asked why these measures were not included in the 2022 Act. The Government recognised the need for major reform of the building safety regime to be delivered as quickly as possible, following the tragedy of Grenfell. The priority is now delivering this new regime effectively while remaining open to going further and faster wherever any evidence makes it clear that we should do so. We are just making sure that we are ready if the inquiry decides that we need to.
The noble Lord, Lord Stunell, mentioned transition, and of course it is important that, if there is to be another system, there is a good transition. The regulations will be taken through the affirmative procedure, as set out in these amendments, in close consultation with the HSE, and we will work with Parliament to ensure that they are delivered in a seamless and exemplary manner.
Lord Stunell (LD)
I am sorry to trespass on the time of the Committee, but can the Minister give a clear understanding that the existing complete independence of the building safety regulator will be maintained when the Government come up with their new alternative? I remind her that considerable time was spent in this Chamber safeguarding the professional independence of the regulator and freeing it from the possibility of interference, by either the Government or other bodies.
Baroness Scott of Bybrook (Con)
What I can assure the noble Lord of is that, if we do have to go down this route, both Houses of Parliament will have a say in that. I am sure that we will have long debates on it. The noble Lord also asked about accountability to the House. As I have said, the powers will be made under the affirmative procedure to ensure that the House is given full and proper opportunity to scrutinise any proposals if they come in due course.
The noble Earl, Lord Lytton, brought up the concerns raised by the Delegated Powers and Regulatory Reform Committee in its 31st report of this Session. I reassure noble Lords that the powers that we are seeking to take in Amendment 467D are intended to allow us to change only the home of the building safety regulator, as created by the Building Safety Act. There is no intention or plan for fundamental policy change in that.
Moving on, the noble Baroness, Lady Pinnock, asked whether Amendment 467F was entirely about schools with religious foundations. There are also non-religious schools that have these charitable site trustees. We are not talking about academy trusts here: we are talking just about the charitable site trustees. They are mainly religious, but there are others that are not.
The noble Baroness, Lady Pinnock, also asked whether the trust required proceeds from the original premises to fund—no, I am sorry, this is something that I asked. It might be interesting to the noble Baroness that, if the trust required proceeds from the original premises to fund new schools, I was concerned about that. It has been made clear to me that capital funds come from local authorities where there is a need to provide sufficient school places, so I hope that will also put the noble Baroness’s mind at rest.
I was asked where the local authority fits into this. It will be in no worse a position than if the same schools had relocated as maintained schools or as foundation and voluntary schools, where the local authority would be obliged to provide the new site and transfer it to the trustees. Land would be held for the purposes of the academy, with appropriate protections for public value, including that the land could ultimately return to the authority if in future it is no longer needed for a school, so the local authority is protected on that.
The noble Baroness also asked whether it is a compulsory swap and what local consultation there would be for the local authority on the swap. It would be a compulsory swap only if the trustees are being asked to surrender their interest in the current site in exchange. We would expect such arrangements to occur only after the usual processes for relocating a school, which would include consultation and a consideration of the impact of moving places from one site to the other. All those issues would have been looked at.
The noble Baroness, Lady Hayman of Ullock, asked whether—I cannot read this.
Baroness Scott of Bybrook (Con)
It was about giving the HSE some other responsibility.
Baroness Scott of Bybrook (Con)
We are not placing further responsibilities on to the Health and Safety Executive. The intention is purely to allow the Government to move building safety functions from the HSE to another body in future, if that is needed. That is the important thing.
I think that I have answered all the questions but I will look in Hansard. If I have not, I will certainly write to noble Lords.
Baroness Scott of Bybrook
“(6A) In section 110A (fees: oil and gas activities for which marine licence needed), in subsection (4)—(a) after “67,” insert “72(3), 72(7) or 72A(2)(a) or (b),”;(b) after “67(2)” insert “or 72A(4)”;(c) after “67(5)” insert “or 72A(6)”.”Member’s explanatory statement
This amendment makes amendments to section 110A of the Marine and Coastal Access Act 2009 (“the 2009 Act”) to clarify the interaction between the different fee charging powers under the 2009 Act in consequence of the expansion of the Secretary of State’s fee charging powers under the 2009 Act by Clause 214.
Baroness Scott of Bybrook
“Power to replace Health and Safety Executive as building safety regulator(1) The Secretary of State may by regulations make provision for a body (“the new regulator”) to replace the Health and Safety Executive as the building safety regulator for the purposes of the Building Safety Act 2022.(2) The new regulator may be—(a) a body established by the regulations, or(b) another body specified in the regulations.(3) The Secretary of State may by regulations make further provision in connection with subsection (1), including provision—(a) conferring new functions on, or modifying existing functions of, the new regulator;(b) establishing or modifying the constitutional arrangements of the new regulator;(c) establishing or modifying the funding arrangements of the new regulator;(d) conferring a power on the Secretary of State to give directions to the new regulator.(4) Regulations under this section may amend, repeal or revoke any provision made by or under an Act.(5) No regulations may be made under this section after—(a) the end of the period of 24 months beginning with the day on which the final report of the Grenfell Tower Inquiry is presented to Parliament in accordance with section 26 of the Inquiries Act 2005, or(b) such later time as may be specified or described by the Secretary of State in regulations made before the end of that period. (6) In this section—“constitutional arrangements” , in relation to the new regulator, include matters relating to—(a) the name and status of the body;(b) the chair, members and staff of the body (including qualifications and procedures for appointment and functions);(c) the body’s powers to employ staff;(d) remuneration, allowances and pensions for the body’s members and staff;(e) governing procedures and arrangements (including the role and membership of committees and sub-committees);(f) reports and accounts (including audit);“funding arrangements” , in relation to the new regulator, include provision for it to be funded by a Minister of the Crown and the extent of such funding;“Grenfell Tower Inquiry” means the public inquiry into the fire at Grenfell Tower on 14 June 2017 as set up on 15 August 2017 for the purposes of section 5 of the Inquiries Act 2005;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.”Member's explanatory statement
This new Clause provides a power for the Secretary of State to replace the Health and Safety Executive as the building safety regulator and a power to make further provision in connection with such regulations. The regulations must be made before the end of 24 months from the day the final report of the Grenfell Tower Inquiry is presented to Parliament, or such later time as may be specified in regulations made before the end of that period.
Baroness Scott of Bybrook
“Open access mapping(1) The Countryside and Rights of Way Act 2000 is amended as follows.(2) After section 9 (maps in conclusive form) insert—“9A Review of maps (England)(1) This section applies where a map has been issued in conclusive form for the purposes of this Part in respect of any area in England.(2) Natural England must before 1 January 2031, to the extent that they consider appropriate, carry out a review of whether—(a) any land shown on that map as open country or registered common land is open country or registered common land at the time of the review, and(b) any land in that area which is not so shown ought to be so shown.(3) Regulations may require Natural England to carry out subsequent reviews, in respect of such matters and in respect of such circumstances as may be prescribed.”(3) In section 10 (review of maps)—(a) at the end of the heading insert “(Wales)”;(b) in subsection (1), after “area” insert “in Wales”;(c) in subsection (2), for paragraphs (a) and (b) substitute—“(a) in the case of the first review, not more than ten years after the issue of the map in conclusive form, and(b) in the case of subsequent reviews, not more than fifteen years after the previous review.”(4) In section 11 (regulations relating to maps)—(a) in subsection (2), after paragraph (j) insert—“(ja) the procedure to be followed on a review under section 9A (including provision as to the period within which, and the manner in which, representations may be made to Natural England in relation to such a review),”;(b) after subsection (3) insert—“(3A) Regulations made by virtue of subsection (2)(ja) may make provision—(a) for appeals in relation to a review, including by making provision applying, or corresponding to, any provision of, or made under, Schedule 1A to the National Parks and Access to the Countryside Act 1949 (coastal access reports) (with or without modifications);(b) enabling Natural England to make a determination in preparing a map on a review that any boundary of an area of open country is to be treated as coinciding with a particular physical feature (whether the effect is to include other land as open country or to exclude part of an area of open country).””Member's explanatory statement
This amendment inserts a new provision into the Countryside and Rights of Way Act 2000 to make provision about when Natural England must carry out reviews following the issue of a map of any area in England in conclusive form, and the matters that such a review must cover. The amendment also makes provision for regulations to set out the procedure on a review and makes consequential amendments.
Baroness Taylor of Stevenage (Lab)
My Lords, I am grateful to the noble Lord, Lord Moylan, for setting out the case for his amendment. However, I am afraid it still looks to me as if he is trying to fix something that is not broken and in doing so is going in the opposite direction of travel to a Bill for devolution.
Taxi licensing in two-tier areas is operated efficiently and effectively and enables local authorities to meet local needs. It also enables local taxi businesses to call into their local authority and have direct contact with it. The enforcement is also done very effectively. The proposal in the levelling up White Paper to transfer taxi licensing powers might be relevant to mayoral combined authorities, but I cannot see the case to justify it for shire counties. Current arrangements for licensing in shire counties work well and do not need to be disturbed. There are more important issues that would benefit shire counties than taking up time on such a consultation; for example, allowing councils to set licensing and planning fees or reforming funding for regeneration so that bidding is not necessary. I could go on, but it is late so I will not.
Even in London, it is not possible to buy an integrated ticket covering tubes, trains, buses and taxis. There will never be an integration of ticketing for obvious reasons of affordability; the cost of taxis and private hire vehicles make them the most expensive form of transport per mile. The White Paper presents no evidence that decisions on licensing prevent the integration of those transport modes into local transport plans. County councils as highways authorities are competent at providing taxi ranks at transport hubs and other appropriate locations in town centres; they do not need taxi licensing powers to achieve that integration.
District councils are not likely to ban taxis from operating half an hour either side of a train arrival, to try to stop private hire vehicles from picking up at or near bus stops, or to say that taxis cannot run at 2 am on Saturday or Sunday mornings to pick up people leaving nightclubs. So could we have more clarity on why Whitehall thinks that there is an integration problem?
A government Minister in the other place has talked of the inconsistency between licensing authorities because there are so many of them. Reducing the number of licensing authorities to 80, as that Minister mentioned, shows the fallacy of the suggestion. One could argue that inconsistencies are local authorities meeting the needs of their communities in relation to taxi operation. However, even if there are problems of inconsistency in policy or practice, the way to address them is by legislating for consistency.
In shire counties, it is likely that the review would be unwelcome and unnecessary. It would remove local decision-making that is sensitive to local requirements and policies and based on local knowledge. It is the opposite of devolution; it would not be an improvement to see decisions on licensing being taken remotely, with no guarantee that they will be people elected by the districts concerned or that they would have any knowledge of the district.
Earl Howe (Con)
My Lords, the amendment in the name of my noble friend Lord Moylan would require the Secretary of State to consult on the proposal in the levelling up White Paper
“to explore transferring control of taxi and private hire vehicle licensing to both combined authorities and upper-tier authorities”.
I reassure my noble friend that the Department for Transport plans to engage stakeholders on the proposal set out in the levelling up White Paper to explore transferring the responsibility for licensing taxis and private hire vehicles to upper-tier and combined authorities. The aim is to do so during the course of this year. Clearly, as my noble friend will understand, it is essential that the proposal is considered in detail before any decisions are taken about whether to proceed with the change. I am sure that the issues highlighted by the noble Baroness, Lady Taylor, can be picked up in that engagement process. My colleagues at the Department for Transport reassure me that they are currently working on this, so I hope that that, in turn, reassures my noble friend Lord Moylan sufficiently to enable him to withdraw his amendment.
Lord Moylan (Con)
My Lords, I was somewhat taken aback by the vehemence of the noble Baroness, Lady Taylor of Stevenage, who was speaking almost as if I were suggesting that this power be transferred from local authority to some remote Whitehall bureaucracy and administered by statutory instrument in a way displeasing to your Lordships’ House. We are both committed to local government; it is simply a question of which tier of local government, where more than one exists, is the appropriate authority for doing this.
None the less, I am delighted to hear what my noble friend the Minister said; he offered me the assurances I wanted to hear. The discussions, consultations and engagement will proceed, and he has given a timeline. I have achieved as much as I had hoped to achieve in the course of this debate, and I beg leave to withdraw my amendment.
Baroness Scott of Bybrook (Con)
My Lords, Amendment 473, tabled by my noble friend Lord Holmes of Richmond, and ably moved by the noble Baroness, Lady Hayman of Ullock, would require the Secretary of State to report to Parliament—within three months of the day on which this Bill is passed—on the existing barriers to the establishment of regional mutual banks in the United Kingdom. I want to make it clear that the Government are supportive of the choice provided by mutual institutions in financial services. They recognise the contribution that these member-owned, democratically controlled institutions make to the local communities they serve and to the wider economy.
However, regional mutual banks are still in the process of establishing themselves here in the United Kingdom, with some now in the process of obtaining their banking licences. It is, therefore, too early to report on the current regime and any possible limitations of this for regional mutual banks. I know that my noble friend Lord Holmes was interested in how regional mutual banks have performed in other jurisdictions and how we could use these examples to consider the UK’s own capital adequacy requirements. In this instance, international comparisons may not be the most helpful to make. The UK is inherently a different jurisdiction, with different legislative and regulatory frameworks from those in the US, Europe or elsewhere.
Abroad, some regional mutual banks have been in existence for centuries and have been able to build up their capital base through retained earnings. In the UK, regional mutual banks are not yet established and are continuing to progress within the UK’s legislative framework. However, the Treasury is continuing to engage with the mutuals sector and other industry members to assess how the Government can best support the growth of mutuals going forward. I hope that this provides sufficient reassurance for the noble Baroness, Lady Hayman of Ullock—on behalf of my noble friend Lord Holmes of Richmond—to feel able to withdraw the amendment.
Baroness Hayman of Ullock (Lab)
I thank the Minister very much for her response. I suddenly thought that I probably should have declared my interests as a member of the Co-operative Party and as someone who believes very strongly in the benefits of the mutual model. I am sure that the noble Lord, Lord Holmes, will read Hansard very carefully. In the meantime, I beg leave to withdraw.
Baroness Pinnock (LD)
I hope noble Lords will bear with me because there was some confusion over the position of this group in the list. Some of us had an earlier list, where it appeared much later.
I have tabled Amendment 504GJH, about the state of schools and hospitals. At the heart of levelling up is the need to provide good-quality education to young people across the country and that means good-quality buildings in which children can go to school. Where schools are in disrepair and cannot be used appropriately, children are at a disadvantage, particularly, say, in secondary education with science blocks that are out of date so that children will not be able to do modern science experiments.
The quality of school buildings in this country is very important and a department report from December 2022 highlighted the critical level of disrepair in many of our school buildings across the country. This prompted me to lay this amendment to this part of the Bill. The annual report said that officials have raised the risk level of school buildings collapsing to “very likely” after an increase in serious structural issues being reported, especially in blocks built in the post-war years, 1945 to 1970.
The type of structure used has led to the quite rapid deterioration of those buildings. I said earlier that I was a school governor for a number of years. The school had a science block built in the early 1970s that was condemned for these very reasons, so I know how accurate this is.
If we are talking about levelling up and regeneration, at its heart should be public services, school buildings and the quality of the education delivered within them. It is school buildings that I am pointing to today. The report said that the risk level for school buildings had been escalated, as I said, from “critical” to “very likely”.
The difficulty is that, because so many school buildings were built in the 1950s, 1960s and 1970s with this sort of metal structure, there is a huge call on government funding. It is called a light frame system, I think; it is a steel structure anyway. Every one of us will have buildings like that where we live. I want this Bill to focus on doing something about school buildings and hospitals that we know about. The Government have committed to 40 new hospitals—five more have just been added—because they are falling down. That is not right. We are talking about regeneration and levelling up. Having school buildings and hospitals collapsing shows the level of investment that will be needed if we are genuinely going to try to level up across this country.
Baroness Scott of Bybrook (Con)
My Lords, Amendment 476, proposed by the noble Baroness, Lady Hayman of Ullock, looks to give a minimum height for letterboxes. It is important to ensure that doors in homes include letterboxes at a height that does not cause injury, risk or inconvenience. We have researched the safety and accessibility of letterbox heights to establish the evidence with which to amend existing statutory guidance applicable in England. The Government are committed to reviewing their building regulations statutory guidance and any references to third-party guidance on the position of letterboxes. We intend to include the recommended height for letterboxes in statutory guidance.
I turn to Amendment 487 in the name of the noble Baroness, Lady Taylor of Stevenage. Clause 124 and Schedule 11 to the Bill introduce the infrastructure levy in England. The new infrastructure levy will aim to capture land value uplift at a higher level than the current system of developer contributions, meaning that there will be a greater contribution from developers towards the type of infrastructure to which the noble Baroness referred. Under new Section 204Q in Schedule 11, local authorities will be required to produce infrastructure delivery strategies. These strategies will set out how they intend to spend their levy proceeds. In preparing these strategies, local authorities will be expected to engage with the relevant infrastructure providers to understand what infrastructure will be needed to support new development in their areas. In this way, local authorities will be able to take a more strategic view of the infrastructure that will be required to support development in their areas.
On Amendments 489, 490, 491, 493, 494 and 495, in the names of the noble Baronesses, Lady Taylor of Stevenage and Lady Hayman of Ullock, the Government agree that regeneration is important in our new towns, coastal towns and market towns and recognise the contribution that markets can make to the vibrancy and diversity of our high streets, which is essential to levelling up the country. In this legislation, we are committed to going further in supporting places to tackle blight and to revive our high streets within these areas. The legislation builds on a far-reaching existing support package for high streets and town centres, including £3.6 billion investment in the towns fund, £4.8 billion investment in the levelling-up fund and £2.6 billion in the shared prosperity fund, along with support from the high streets task force.
On Amendment 496 tabled by the noble Baroness, Lady Hayman of Ullock, this Government have recently set ambitious new targets for air quality through the Environment Act 2021. These will drive action to reduce PM2.5 where concentrations are highest—often within our busiest towns and cities—reducing disparities as well as reducing average exposure across the country. The Environment Act 2021 established a framework for setting these and any future environmental targets. There is already a comprehensive legal framework governing air pollution, which works in a coherent and complementary way with established national emissions ceilings and concentration targets for a wide range of air pollutants from a variety of sources.
Lord Shipley (LD)
My Lords, I am very grateful to the noble Lord, Lord Young, for reminding us how we got to where we are. He was absolutely right on every single point he made. This is terribly important, and I am very grateful to the noble Baroness, Lady Taylor of Stevenage, for giving us the amendment. If I have one criticism, it is that I am not sure we are yet at a Bill stage. Although it says “draft legislation” in subsection (1) of the proposed new clause—I understand that—I personally favour a royal commission or something that would actually look at the nature of local government and central government powers.
The noble Lord, Lord Young, has rightly identified the difficulty of devolving and at the same time levelling up, which, as he said, requires a greater element of centralised control. I have said several times over the course of this Bill, and before, that you cannot run England out of London; with 56 million people, we are steadily learning that. One of the reasons we are having these constant changes in the Government’s intentions for Bills is that they do not know either what they want to do—so, in the end, the Civil Service carries on and Ministers carry on trying to move forward.
There are elements in the Bill which are very important in assisting us down the road of greater devolution, and they lie in the combined county authorities. The more we have combined county authorities—much though I do not like the centralisation which can result, because they do not have, for example, a Greater London assembly; they do not have a structure such as that to underpin them—the more we will have a move away from Whitehall.
I do not want to say any more about that; I welcome what the noble Baroness, Lady Taylor, has proposed in this amendment. I think we should note what the noble Lord, Lord Young, said about the overall situation that we are in, but I hope that the Government and the Minister will see the importance of trying to bring all this together, because inevitably we are going to come back to this on Report anyway, as we look at the first parts of the Bill that, in Committee, we debated many weeks ago. I welcome the amendment and I hope the Government will see that there would be benefit in moving us forward, not just with structures like the combined counties but actually with real devolution of real things.
Baroness Scott of Bybrook (Con)
My Lords, this amendment, in the name of the noble Baroness, Lady Taylor of Stevenage, seeks to place an obligation on a Minister of the Crown to publish draft legislation for a devolution Bill within 120 days of this Bill receiving Royal Assent. We support the principle behind this amendment—that combined county authorities can request further powers which would enable activity to help drive economic growth and support levelling up.
In fact, we have already gone further than this in the devolution offer set out in the levelling up White Paper. This sets out a clear menu of options for places in England that wish to unlock the benefits of devolution, whether that is moving towards a London-style transport system to connect people to opportunity, improving local skills provision or being able to act more flexibly and innovatively to respond to local need. Any area, including those considering a combined county authority, is welcome to come forward and ask government to confer local authority and public authority functions as part of devolution deal negotiations. The levelling up White Paper has confirmed that the devolution framework is not a minimum offer. These asks are typically made as part of devolution deal negotiations.
We recognise that our existing mayors are already playing a powerful role in driving local economic growth and levelling up. That is why the Government plan to deepen the devolution settlements of the most mature institutions. The White Paper committed to trailblaze deeper devolution deals with the Greater Manchester and West Midlands combined authorities. These agreements were announced on 15 March 2023 and include many areas which will support these regions to drive growth and prosperity, including on skills, transport, housing and net zero, alongside single funding settlements and stronger accountability focused on outcomes.
These deals will act a blueprint for other areas with mature institutions to follow. This will include combined county authorities, once established. Ultimately, our aim is to achieve the local leadership levelling-up mission: that, by 2030, all parts of England that want one will have a devolution deal with powers at or approaching the highest level of devolution and a simplified, long-term funding settlement.
I say to my noble friend Lord Young of Cookham that, actually, devolution is what we want to deliver the local leadership that is required to level up this country. Devolution is part of the levelling up in the Bill, along with many other things to enable the levelling up of the United Kingdom. As such, I hope the noble Baroness agrees that this amendment is unnecessary and feels she can withdraw it.
Baroness Taylor of Stevenage (Lab)
My Lords, I am grateful to noble Lords for participating in the debate and to the Minister for her response. The noble Lord, Lord Young, was absolutely spot-on to point to the tension between devolution and levelling up. All the way through our discussions on the Bill, we have felt that tension; we kept coming back to it, because there is an essential tension there. He mentioned the number of funding streams—planning fees, bidding fees, pothole action funds, the towns fund—which are all funds that local areas have to bid for, and they are not a buoyant source of local revenue. They are not renewable: if you want more, you have to go back to government and ask for more. What we actually need are those local revenue-generating sources that would enable that economic regeneration in our own areas. The noble Lord, Lord Shipley, suggested that this might need some sort of a commission to run to in order to demonstrate what you need to do to shift this.
Earl Howe (Con)
My Lords, Amendment 478 in the name of the noble Baroness, Lady Hayman, would require new homes and buildings in England to have solar panels as of April 2025. I acknowledge straight away that the spirit of this amendment is unimpeachable. Renewable energy, such as that generated from solar panels, is a key part of our strategy to get to net zero.
We should be aiming to see new homes and buildings built in a way that contributes to the net-zero agenda. The difference between the Government and the noble Baroness, in working towards that aim, is one of approach. I am sure she will recall that the Government introduced an uplift in energy-efficiency standards, which came into force in June 2022. The purpose of the uplift is to deliver a meaningful reduction in carbon emissions. Critically, though, it also provides a stepping stone to the future homes and buildings standards, which we are aiming to legislate for next year and which would come into force in 2025.
It is important to understand that our approach to achieving higher energy-efficiency standards has remained consistent—that is to say technology neutral—to provide developers with the flexibility to innovate and choose the most appropriate and cost-effective solutions for their sites. Some buildings may not be suitable for solar panels—for instance, homes that are heavily shaded due to nearby buildings or trees, or where the roof size or shape does not lend itself to solar panels. We fully expect, however, that to comply with the uplift, most developers will choose to install solar panels on new homes and buildings or use other low-carbon technology such as a heat pump. Introducing an amendment to mandate solar panels would therefore be largely redundant. I hope that is helpful in explaining why we do not think that this amendment is the right way to go.
I turn to Amendment 504GJE in the name of my noble friend Lord Lucas. This looks to allow local planning authorities to request the installation of solar panels on roofs of commercial buildings and adjoining spaces in a designated area. I am sure that we can agree that decarbonising our energy supply is one of the greatest challenges of our generation. I am not, however, convinced that giving local planning authorities powers effectively to require commercial property landowners and tenants to fit solar panels to their existing buildings and facilities is the best way to achieve this. Not all commercial landowners or tenants will be in the position to take action.
Instead, we should focus on empowering those who have the means to do so by ensuring that planning and building regulations are not a barrier. That is why we have policies in the National Planning Policy Framework, as well as permitted development rights and building standards, that support the rollout of renewable energy, including installing solar panels. The National Planning Policy Framework is clear that local planning authorities should have a positive strategy in place to promote energy from renewable and low-carbon sources, such as solar panels. The NPPF is also clear that when determining planning applications for renewable and low carbon development, local planning authorities should approve the application if its impacts are, or can be made, acceptable. This can include the installation of solar panels.
To help facilitate the take-up of renewable energy, permitted development rights allow for the installation of rooftop solar and stand-alone ground-mounted solar in the grounds of domestic and non-domestic buildings. The Government have recently consulted on changes to the permitted development rights for solar equipment to support the solar energy objectives set out in the British energy security strategy. The consultation included proposals to amend the existing permitted development right for the installation of rooftop solar on commercial buildings and introduce a new permitted development right for solar canopies on non-domestic car parks, such as supermarkets and retail parks. The department is now considering the responses and further details will be announced in due course.
It is also worth my reverting to the point I made in response to Amendment 478. The energy efficiency changes to the building regulations that the Government recently implemented, and which came into force in June 2022, will mean that to comply with these new standards many, if not most, developers will choose to install solar panels on new commercial buildings. So, again, while I have some overall sympathy with my noble friend in bringing forward his amendment, given all that I have laid out I hope he will understand why the Government do not feel able to support it.
I listened with much interest to the contribution of the noble Baroness, Lady Sheehan. Her Amendment 504GJK proposes to create a new pilot scheme to retrofit an existing town, powered by renewable energy and heated by a ground source heat network. I am happy to bring the Committee up to date on where we are with this area of policy more generally.
The Government’s general approach to the transition to clean heat is to follow natural replacement cycles, working with the grain of markets and consumer behaviour to minimise costs and disruption and avoid early appliance scrappage. On heat network zoning specifically, the Energy White Paper, heat and buildings strategy and net zero strategy committed us to introduce heat network zoning in England by 2025. It is a key policy solution to help reach the scale of expansion of heat networks required to meet net zero.
The zoning policy will be delivered via powers in the Energy Bill to make regulations, including in relation to the development of a nationwide methodology for identifying and designating areas as heat network zones. The objective of the methodology will be to determine where heat networks are lower cost than low-carbon alternatives in an area. Incidentally, to answer a point made by the noble Baroness, Lady Sheehan, there is a difference between heat network zoning and converting an area to hydrogen heating. Unlike technologies such as community renewables and heat networks, using 100% hydrogen for heating is not yet an established technology.
Given the existing work under way and the Government’s general approach to the transition to clean heat, we do not believe the proposal for a pilot will deliver additional value.
Similarly, Amendment 504GJL proposes to create a pilot scheme to construct a new town powered by renewable energy and heated by a ground source heat network. I am afraid the Government do not believe that this proposal will deliver benefits additional to those already in prospect. From 2025, the future homes standard will ensure that all new homes are net-zero ready, meaning that they will become zero carbon when the electricity grid decarbonises without the need for any retrofit work. So, although the Government cannot support these last two amendments, I hope the noble Baroness, Lady Sheehan, will take some encouragement from the work and plans that are already under way.
Baroness Sheehan (LD)
I am not convinced that the heat network zoning that the Minister refers to is the same as the ground source heat pump networked grids that I am talking about. I wonder whether it would be worth having a further conversation outside of this Committee and whether the Minister would do me the courtesy of arranging that. I think this is an important point.
Earl Howe (Con)
My Lords, I would be very happy to arrange a meeting with the noble Baroness and appropriate officials to discuss the point that she has just made.
Lord Lucas (Con)
My Lords, I am very grateful to the Minister for his answer to my amendment. I take much comfort in what he said about new build and planning permission and so on, and I can see how that all might work, but I do not see any sign of proposals that will work in persuading people to retrofit, and there is huge potential there. I very much hope that in due time the Government will turn their thoughts in that direction. I would just say to the noble Baroness, Lady Sheehan, that if she knows someone who can build a new town in three years, will she please introduce them to the restoration and renewal team.
Baroness Williams of Trafford (Con)
My noble friend the Minister needs to respond but, while he does so, perhaps the noble Lord, Lord Kennedy, the noble Lord, Lord Stunell, and I could have a usual channels chat.
Earl Howe (Con)
My Lords, the Retained EU Law (Revocation and Reform) Bill creates the powers for the Government to amend retained EU law and will remove the special status of retained EU law in the UK. On 17 May, the House agreed a government amendment to replace the previously proposed sunset of retained EU law in the Bill with a list of retained EU law for revocation at the end of 2023. This provides clarity to the House and certainty for business by making it clear which legislation will be revoked. Powers in the Bill that allow us to continue to amend retained EU law remain, so further regulation can be revoked or reformed in the future. This will mean that we still fully take back control of our laws and end the supremacy and special status of retained EU law by the end of 2023.
As noble Lords will be aware, the REUL Bill had Third Reading in this House this afternoon. Given that both Bills are still passing through Parliament, the Government are working through what the interactions are between them. I do not think it appropriate to amend the Bill in this way, but I will commit to writing to the noble Baroness, Lady Hayman of Ullock, by the end of this year to set out the interaction between the two Bills. I hope that is helpful.
Baroness Hayman of Ullock (Lab)
My Lords, I thank the Minister for that very helpful response. He has completely taken on board the point that I am trying to make, and I appreciate that. A letter explaining exactly how it will all work together by the end of the year will be extremely helpful. I thank the Minister very much, and I beg leave to withdraw my amendment.
Wednesday 24th May 2023
(1 year, 6 months ago)
Grand CommitteeLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: HL Bill 84-XIV Fourteenth marshalled list for Committee - (18 May 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I have made only one intervention in Committee, which was on my pet subject: leasehold. I will not do that today. First, I will get on the record a number of interests. I am a vice-president of the Local Government Association, the chair of a housing association in Kent, and a director of MHS Homes, as set out in the register.
I offer my full support to the right reverend Prelate in her amendments. This is one of these debates where all sides of the Committee are happy to come together. They can see the sense of the amendments and, as the noble Lord pointed out, they are easy amendments for the government to agree. There is no cost to the Government and they are passive—no one has to do anything at all. However, the amendments would allow people to do something if they want, which is the good thing about them.
I hope that, as the noble Lord, Lord Stunell, said, we will get a positive response from the Minister—at least a commitment to meet people, go back and talk to officials, and bring back a government amendment that deals with this issue and provides for clarity. That is what these amendments are all about: providing clarity on an unclear issue. I know that the Government would want to ensure that things are clear.
I should say that I was brought up a Catholic. I grew up in Elephant and Castle in south London. I would probably describe myself as a lapsed Catholic, but I was brought up as a Catholic and come from a large, Irish Catholic family. My two younger brothers and my sister regularly attended the youth club at St Paul’s, in Lorrimore Square, run by the Reverend Shaw—a wonderful man who retired a few years ago. He set up the youth club and a mental health drop-in centre. When he retired, I had become a local councillor. We went to his retirement do and you could not move in the place. There was a complete cross-section of the community—people of different faiths and of no faith. Everyone there knew what this man had done in that parish church in the Walworth area of south London. He had done everything. If you were a young person growing up in that part of south London, there was not really much else to do. This parish church had become the centre of the community. Why can it not be that if a local authority wants to support such a place, they can do so? It seems ridiculous that they cannot.
As we have said, this is about having clarity about what councils can and cannot do if they want to support different things. My experience as a councillor was many years ago, but I am conscious of the work that churches do now, as the right reverend Prelate set out herself. People in many different situations are going through difficult times and churches host different groups and organisations—people can go in just to have a cup of tea and be warm. Such places are really important in communities and, sometimes, all that is now there is the local parish church and the church hall.
I really hope that the Minister is convinced by what she has heard today. There have been many good arguments made around the Room. As the noble Lord, Lord Best, said, these amendments on their own would not do anything at all, but they would enable things to be done. I hope the noble Baroness will support them. I will leave it there.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, first, I thank the right reverend prelate the Bishop of Bristol, my noble friend Lord Cormack and the noble Lords, Lord Best and Lord Scriven, for raising these amendments. They highlight the confusion around the prohibition in the Local Government Act 1894 and therefore attempt to clarify the basis on which local authorities are able to provide support to churches and other places of worship.
Amendments 485, 505, 510 and 512 aim to do this by removing some of the wording from that Act. Amendment 504GJJ, which has been withdrawn from the Marshalled List, would have aimed to do that by providing that the powers in the 1894 Act could be used to provide support to places of worship to ensure that, where they are used to offer support and services that are of benefit to the wider community, the facilities could be maintained and operated safely and effectively by, for example, helping meet the costs of maintenance and repairs. However, the Government do not consider that these amendments would be effective in achieving these aims.
The intention of the Local Government Act 1894 was to provide a clear separation between the newly created civil parishes and what are now parochial church councils. However, the Government do not consider that it includes any general or specific provision that prohibits parish councils from funding the maintenance and upkeep of churches and other religious buildings. Parish councils have other powers that enable their contribution towards the upkeep of these buildings, if it were deemed to be within their local communities’ interest to do so. However, I understand the confusion and I thank the noble Lords who have raised these amendments. We have heard their concerns that the law may be ambiguous, and I know this is of great concern to parishes and noble Lords. I can assure them that we in the department are considering this issue carefully and will reflect on the comments made during this debate.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, that was, I think, half a good answer. It was not perfect, by any means.
Baroness Scott of Bybrook (Con)
I am pretty sure the noble Lord opposite knows that I will not say anything further today, apart from the fact that we have had many talks with the National Association of Local Councils and interested churches, and we will continue to do so as we move to Report.
The Lord Bishop of Bristol
My Lords, I thank the Minister and my fellow sponsors for a useful and effective debate. I thank them for their support in clarifying the law. Rather naughtily, I wonder, if there is not yet enough commitment for the Government to bring their own proposals, whether the Government might fund the legal case that might otherwise be necessary to create clarity on this issue. I hope that the Minister hears that there is real confusion in localities about this and there is inhibition to supporting these ecclesiastical charities.
I hope very much that the Government will be persuaded to bring their own amendments on Report. My fellow sponsors and I stand ready to offer to help in any way. For instance, we could convene representatives of not just the Church of England but other denominations. I am grateful to the noble Lords, Lord Stunell and Lord Kennedy, for mentioning the ecumenical aspect of this. At this stage, it is necessary to achieve the clarity that the noble Lord, Lord Kennedy, very pointedly mentioned. I look forward to working with the Minister and her team ahead of Report; I hope that will be possible.
I conclude that these amendments are necessary, as I have stated. They would enable all Christian denominations, like all other faith communities, to continue to live out their calling and provide a space to support those in need in their communities. However, I beg leave to withdraw the amendment standing in my name on the Order Paper.
Baroness Scott of Bybrook (Con)
My Lords, I am glad to address the important issue of no-fault evictions in response to Amendment 492 from the noble Baroness, Lady Taylor of Stevenage. The Government strongly feel that the threat of eviction means that renters cannot feel secure in their homes and that many do not have the confidence to challenge their landlords on poor standards.
For this reason, the Government have introduced the Renters (Reform) Bill, which will abolish Section 21 no-fault evictions. This was introduced in the other place on Wednesday 17 May. To answer the noble Lord, Lord Foster of Bath, that Bill has only just started and it has not begun substantive debate in the other place. Subject to that—and we anticipate that the Bill will proceed at the normal pace—it will be before your Lordships’ House in the next Session after the King’s Speech.
The Commons Levelling Up, Housing and Communities Select Committee recently published a report on the private rented sector. The Government are grateful for this and look forward to responding shortly. In the light of our upcoming response and legislation, we do not think that the review proposed in the amendment would add any further detail to the debate. I reassure noble Lords that the Government’s commitment to abolish no-fault evictions is unwavering and that there will be ample opportunity for scrutiny of this legislation.
In response to Amendment 504GJF, which the noble Baroness, Lady Taylor of Stevenage, spoke to, I assure her that the Government are clear that no one should be criminalised simply for having nowhere to live. We have committed to repealing the Vagrancy Act, which is outdated and not fit for purpose. However, we have been clear that we will repeal the Act once suitable replacement legislation has been brought forward. This is so we can ensure that the police, local authorities and other agencies have the tools they need to respond effectively to begging and rough sleeping, so that they can keep their communities safe, restore pride in place and direct vulnerable individuals to the support they need.
Last year, we consulted on options for replacement legislation. We have considered these responses alongside other feedback from stakeholders and continue to give these complex issues careful consideration. Provisions relating to the Vagrancy Act have therefore been removed from this Bill and replacement powers will be the matter of separate legislation.
In the meantime, the Government have made the unprecedented commitment to end rough sleeping within this Parliament. We remain steadfastly committed to that goal. In September, we published a bold, new rough sleeping strategy, backed by £2 billion, which sets out how we will end rough sleeping for good. The Government’s Anti-Social Behaviour Action Plan, published on 27 March, reconfirms this commitment. It also sets out our intention to bring forward new powers to tackle begging and rough sleeping, with the detail to be brought forward in future legislation, which will be subject to full parliamentary scrutiny.
I hope this provides reassurance for the noble Baroness, Lady Taylor of Stevenage, and that she will withdraw her amendment.
Baroness Taylor of Stevenage (Lab)
My Lords, I am not going to say that I am grateful for the reply on this occasion because it was really disappointing. We have here a mechanism that we can use to do two things that there is broad consensus about in your Lordships’ House, one of which has already been passed through legislation, which is to repeal the Vagrancy Act, and the other of which is subject to new government legislation but could be done much more quickly by using this Bill. On the Vagrancy Act, as the noble Lord, Lord Foster, and I mentioned, 1,000 people were arrested under it during the course of last year, and on no-fault evictions, families are living in misery now. Anyone who has been a councillor—I know the Minister has been—will have heard the terribly distressing stories from families when they get evicted and end up finding it very difficult to find somewhere else to live.
When we went through the Covid crisis, I was very pleased to see the Government taking immediate action with their “Everyone In” programme, getting people sleeping rough into accommodation as quickly as possible. We have the opportunity to build on that, but rough sleeping is already starting to go up again. Why not take the opportunity of this Bill to do something about it now? Can the Minister tell us how many people are sleeping rough tonight, or any night in the coming week? If you can do something about this, why would you not?
The noble Lord, Lord Best, rightly mentioned that a number of powers have been introduced in recent Acts, particularly the Anti-Social Behaviour, Crime and Policing Act 2014, that already allow the police to address anti-social begging, and there are powers for councils to set aside areas where they do not allow people to hang around. There are lots of powers already. We do not need any more powers; we need the Government to get on and scrap this 200 year-old Act that criminalises those who are sleeping rough. The postponement of this repeal for over a year is already far too long. I shall withdraw my amendment for today, but I am sure that we will come back to this on Report.
Baroness Scott of Bybrook
“(ja) under section (Power to replace Health and Safety Executive as building safety regulator);”Member’s explanatory statement
This amendment provides that any regulations made under the new Clause inserted by the amendment in the Minister’s name after Clause 214 (Power to replace Health and Safety Executive as building safety regulator) are subject to the affirmative procedure.
Baroness Scott of Bybrook
Member’s explanatory statement
This amendment provides that the new power in the amendment in the minister’s name to make regulations to modify the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 extends to England and Wales, Scotland and Northern Ireland.
Baroness Scott of Bybrook
“(aa) in Schedule 4—(i) if a provision amended by any of paragraphs 51, 55, 56 and 57 has not come into force before the end of the period mentioned in paragraph (b), that paragraph comes into force when the provision that it amends comes into force (but otherwise it comes into force at the end of that period);(ii) paragraphs 59 to 63 come into force on such day as the Secretary of State may by regulations appoint;”Member’s explanatory statement
This amendment makes provision for the commencement of certain amendments made by Schedule 4 in cases where the provisions amended are not yet in force.
Baroness Scott of Bybrook
Member’s explanatory statement
This amendment provides that the new power in the amendment in the minister’s name to make regulations to modify the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 comes into force two months after Royal Assent.
Baroness Scott of Bybrook
Member’s explanatory statement
This amendment amends the long title to reflect the new Clause inserted by the amendment in the Minister’s name after Clause 214 (Power to replace Health and Safety Executive as building safety regulator).
Tuesday 11th July 2023
(1 year, 5 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 142-II Second marshalled list for Report - (11 Jul 2023)
16:06 - Division on Amendment 1 - Ayes: 212 / Noes: 208 - Amendment 1 agreed.
18:08 - Division on Amendment 4 - Ayes: 217 / Noes: 192 - Amendment 4 agreed.
18:20 - Division on Amendment 6 - Ayes: 202 / Noes: 194 - Amendment 6 agreed.
18:32 - Division on Amendment 7 - Ayes: 207 / Noes: 189 - Amendment 7 agreed.
19:05 - Division on Amendment 10 - Ayes: 169 / Noes: 167 - Amendment 10 agreed.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Scott of Bybrook
That the Report be now received.
Relevant documents: 24th and 39th Reports from the Delegated Powers Committee. Scottish, Welsh and Northern Ireland legislative consent sought.
Baroness Hayman of Ullock (Lab)
My Lords, before we begin Report, I want to make some points to draw the House’s attention to our concerns about the Government’s approach to the proper and timely legislative scrutiny of this Bill.
First, when we received the Bill into this House and prepared for Second Reading back in January, I and others were surprised to see that it contained three chapters that had not been scrutinised in the other place but had been added in after it had moved on to here. Then, following our debate in Committee, ahead of Report and with no prior warning, the Government added in a whole new schedule—nine pages in length—along with further amendments on childminding provisions, and altered the Long Title to reflect this.
I know that the Minister understands my concerns, and I thank her for arranging a meeting at short notice last week to discuss this. Can she now confirm, as we agreed in that meeting, that Committee rules will be used for the debate on the childcare amendments and any amendments to them on Report, and that, if deemed necessary, amendments will be accepted at Third Reading on this part of the Bill alone?
Finally, on Friday evening I had an email from the department apologising for the late tabling of further amendments, apparently to allow substantive discussions with the devolved Administrations prior to tabling as they relate to the devolution settlement and securing legislative consent for the Bill. Late discussions with the devolved Administrations unfortunately seem to have become a regular occurrence, but it would have been helpful if we had been made aware and alerted to any impact on timings in advance.
To be quite clear, I hold the Minister in the highest regard, I am not complaining about her as a Minister and we very much appreciated her apology. However, it greatly concerns me that the department has shown a lack of respect for the need to have proper legislative scrutiny from both Houses if we are to secure legislation of the expected highest standards.
Baroness Scott of Bybrook (Con)
My Lords, I acknowledge that the Government have proposed a number of changes to this Bill ahead of Lords Report and that they deserve proper debate. Our amendments were tabled a week in advance of this stage commencing, as is usual, apart from the limited changes arising directly from our discussions with the devolved Administrations, where it was important to let negotiations conclude.
I have been very willing to meet noble Lords—I thank the noble Baroness opposite for accepting and appreciating that—from all sides of the House to discuss any aspects of the Bill, as have my officials, and I am grateful for the many conversations which we have had over the past week and previously. With a Bill of this complexity, we may not always get our engagement completely right, but our genuine intent has been to keep noble Lords well informed of our proposals, and I apologise once again to the House for any shortcomings in that.
The amendments we have proposed should also be seen in the context of the overall size of the Bill. A number of changes are being made in response to the report of the Delegated Powers and Regulatory Reform Committee. Where substantive additions to the Bill are proposed, principally on childcare, it is only right that we allow time for them to be discussed fully, and I assure the noble Baronesses that we will do that.
Report received.
Clause 1: Statement of levelling-up missions
Amendment 1
Baroness Pinnock (LD)
My Lords, I remind the House of my relevant interests: I am a councillor on Kirklees Council in West Yorkshire and a vice-president of the Local Government Association. This group of amendments focuses on the areas that have benefited, or not, from the initial round of the levelling-up fund. As we heard from the noble Baroness, Lady Hayman of Ullock, there are many examples of levelling-up funds failing to reach those parts that the Government’s own White Paper assesses as being in need of targeted funding over a sustained period.
Throughout our considerations of the Bill, I have said that this vast tome, the levelling up White Paper, should be at the heart of what we are discussing and what the legislation should be doing. As I said in Committee and at Second Reading, it seems to me that the Government have lost their way. The White Paper is not perfect, but it makes a good start in setting out what levelling up should be about. One of the phrases in it is that levelling up should be “broad, deep and long-term”—I agree. Experience of previous iterations of levelling up, from city challenge to neighbourhood renewal and several other policy interventions in between, has demonstrated that scattering plugs of funding is not sufficient to ensure that communities that have not shared in the nation’s prosperity begin to do so. The cycle is not broken without dedicated and long-term investment; that is what the White Paper says. The fundamental approach currently being pursued is inadequate to meet that challenge.
The Government have so far distributed funding via a bidding culture, which, as many noble Lords will know, the Conservative Mayor of the West Midlands has criticised, calling it a “begging bowl culture”. Such a bidding culture is also costly, in time and money, and leads to many more losers than winners. One example, which I think I have given before, is a major city in Yorkshire investing a six-figure sum in its bid for levelling-up funds only to receive a big fat zero. It seems to me that this process needs a fundamental rethink. The noble Baroness, Lady Hayman, was right to use the example of the House of Commons Select Committee on this very issue, but the National Audit Office has also raised concerns about the use of levelling-up funds and how the bidding culture has worked —or not.
If the Government were serious about levelling up, only those areas that are amply described in the levelling up White Paper would qualify for funding. The Minister may be able to tell us whether only those areas described in the White Paper will qualify for funding. If not, we are moving away from the purpose of levelling up.
The second element of change needs to be for local authorities. Those that qualify via the assessment and the metrics in the White Paper should be asked to produce plans that tackle the inequalities at the heart of their communities in a sustained way—that is what the White Paper says needs to be done. It would mean more emphasis, for example, on skills, access to employment, and barriers, such as lack of childcare and transport. However, given what the Minister said in Committee, I am not sure whether the Government are ready for such big changes.
The noble Baroness, Lady Hayman of Ullock, is right to pursue making the use of levelling-up funding more transparent and, as Amendment 3 says, ensuring that the funding is linked to the missions. For me, at the heart of levelling-up and regeneration legislation should be linking funding to the missions. If they are not linked, I do not know what the purpose of this Bill is.
At this point, the noble Lord, Lord Berkeley, raises a good example of what happens when there is an inequality of immense proportions. My noble friend Lord Teverson supported him in that, and he was right to do so. There are countless examples of such disparities across the country, which the levelling-up fund should be dealing with.
These amendments are fundamental to the effective levelling up of the many parts of this country that have suffered inequalities—some of considerable proportion compared with the rest of the country—over many years. If the noble Baroness wishes to move her amendment to a vote and divide the House, we on these Benches will support her.
Baroness Scott of Bybrook (Con)
My Lords, Amendments 1, 17, 304 and 305 in the name of the noble Baroness, Lady Hayman of Ullock, are all linked to a proposed new requirement for government to lay a statement detailing the application process for round 3 of the levelling-up fund. That has already happened in the first two rounds of the fund. We published information on the impartial assessment and decision-making process, alongside a full list of successful applicants. We have also provided feedback to unsuccessful applicants in both rounds. We will continue to improve the process used to award funding, taking on board the feedback we have received, which will be reflected in our approach to the next round of the fund.
We have also published our monitoring and evaluation strategy, which makes clear how the fund will evaluate impact against a range of criteria, including healthy life expectancy, well-being and pride in place. On the timing of the statement of the levelling-up missions, which is mentioned in Amendment 1, we have committed in the Bill to publish this within one month of Part 1 of the Act coming into force. We argue that this is already an appropriate and prompt timescale.
Amendment 3, also in the name of the noble Baroness, Lady Hayman of Ullock, looks at how levelling-up funds are supporting the levelling-up missions. This Government are committed to transparency. The Bill will place a duty on the Government to publish a clear statement of their levelling-up missions and to report annually on their progress against them, including, where relevant, the contributions made by particular projects and programmes. We have also already published transparent criteria for assessing projects and initiatives to be funded via key levelling-up funds and have published all funding allocations made to places.
In relation to the levelling-up fund specifically, in round 2 of the fund we asked applicants to set out which of the 12 levelling-up missions their bid supported. Several of the criteria used in the levelling-up fund evaluation strategy align closely with our missions, including pride in place, health and well-being. Alongside that, transport forms one of the three investment themes, and more than £1.1 billion has been awarded to improve transport infrastructure in the first two rounds.
It might be useful to give some examples of what has happened. Torridge District Council made a bid for the Appledore Clean Maritime Innovation Centre. That will create North Devon’s first university research centre, which will help regional skills by providing a regional skills base, as the noble Baroness, Lady Pinnock, said. It will also establish the area as a leading research and development destination for clean maritime. Another example—I will not go on, because I could give noble Lords a large number—is the Porth transport hub, which will open later this summer. It will improve transport connectivity by providing seamless public transport connectivity for that town. These are the things that are happening.
The noble Baroness, Lady Hayman of Ullock, also asked about the rest of the money that the Government are spending and whether it will be spent in connection to the missions. I can say that £40 million from the DfE has gone into education investment areas, one of our priorities in the missions, while £2.5 billion has been allocated to the transforming cities fund and many billions more to the city region sustainable transport settlements and the bus service improvement plans. There is also £125 million from the Home Office for the safer streets fund. These are all connected to our very important missions.
The noble Baronesses, Lady Pinnock and Lady Hayman of Ullock, quite rightly asked about simplifying the funding landscape. We have already made significant progress in streamlining funds. Between them, the levelling-up fund and the UK shared prosperity fund consolidate what was previously a complex landscape. We are committed to publish a simplification plan setting out how we will go further, immediately and at the next spending review, to simplify the funding landscape far more.
The noble Baroness, Lady Hayman of Ullock, also talked about evaluation. We have an overall departmental evaluation strategy, which was published last November. Over the past 18 months, the department has significantly increased the resource dedicated to local growth evaluations, and that will continue—so we are looking particularly at including towns funds, the levelling up fund and the UK shared prosperity fund.
The noble Baroness also asked why it has taken so long to share information about the levelling up fund round 3. It is important that we have taken the time to reflect on the first two rounds, which is why things are changing. We have learned the lessons from those two, and we wanted to do that before committing to round 3. We will talk about it further in the near future. The Secretary of State signalled at the LGA conference last week that he intends to bring a completely new approach to the levelling up fund round 3, reflecting on everything that has happened up until now.
Lord Butler of Brockwell (CB)
My Lords, before the Minister sits down: I have listened carefully to what she has said, and I think that what she has been explaining is that the Government are already committed to achieving the purposes of the amendment moved by the noble Baroness, Lady Hayman. Are there any disadvantages, in that case, of accepting the amendment?
Baroness Scott of Bybrook (Con)
The disadvantage is that we are already doing it, so we would not want to duplicate it. We have listened to the earlier rounds and we are looking at the simplification of funding streams to local government to deliver levelling up and to connect that to the missions. There is no point in duplicating that, as it is already in the Bill.
Lord Lansley (Con)
Prompted by the noble Lord’s intervention, I do not think that Amendment 1 is consistent with the Bill as it stands, because Part 1 comes into force, according to the commencement provision, two months after enactment, whereas Amendment 1 requires the statement to be laid one month after enactment—so the two are inconsistent, and Amendment 1 is probably not effective.
Lord Berkeley (Lab)
My Lords, before the Minister sits down, I thank her for what she said about the Isles of Scilly and my Amendment 11. I am grateful that she is happy to arrange a meeting with colleagues in the Department for Transport but, if it seems appropriate to have an amendment to the levelling-up Bill, would that be possible at Third Reading if she and the other Minister agree?
Baroness Scott of Bybrook (Con)
I think the House prefers not to have any amendments at Third Reading.
Baroness Hayman of Ullock (Lab)
My Lords, I thank noble Lords who have spoken in this brief debate, and the Minister for her, as always, very thorough response. However, I do not think that she has been able to demonstrate categorically that any future funding rounds are going to be properly tied to the delivery of the missions. The Government seem to have taken a bit of a scattergun approach to this, if I can put it like that. As I have already said, the Government’s approach is categorised by one-off, short-term initiatives which are insufficient if the geographic, economic, social and health inequalities are to be reduced and ultimately overcome, which is what the Bill aims to do.
To me, as I said before, getting the funding allocations correct, getting the analysis of the results of previous allocations of funding correct, and having that information and data at our fingertips to be able to properly target the funding to ensure that we get the outcomes we want, is critical to the success of the Bill. I take the point made by the noble Lord, Lord Lansley, but I have been informed by the clerks that my Amendment 17 is consequential on my Amendment 1. So I thank the Minister, but I am not satisfied with the Government’s future approach, so I would like to test the opinion of the House on my Amendment 1.
Baroness Scott of Bybrook (Con)
My Lords, Amendment 2, in the name of my noble friend Lord Lansley, would require a Minister to withdraw the statement if either House of Parliament resolves not to approve it. The statements of levelling-up missions, the annual report, the revisions to the missions and revisions to the metrics supporting missions will already be laid before both Houses of Parliament. This already provides numerous opportunities for Parliament to scrutinise the activity of the Government on levelling up. Going further in this way could take up significant parliamentary time and giving a veto to Parliament on a statement of government policy, which is fundamentally different from legislation or guidance, would not in our opinion be appropriate. Of course, as my noble friend said in Committee, Parliament can at any time put a Motion for debate on any issue. That is always possible for both Houses to do.
Amendment 6, in the name of the noble Lord, Lord Shipley, would require the Government to publish an assessment of geographical disparity, with reference to defined criteria, alongside the statement of missions. But as set out in the levelling up White Paper, the missions are already supported by a range of clear metrics to assess different aspects of geographical disparities and measure progress in addressing these. These metrics take account of a wide range of inputs, outputs and outcomes and, in the vast majority of cases, they draw upon publicly available datasets. An additional assessment of geographical disparities risks being duplicative.
Further, as with the missions themselves, specifying reporting metrics in legislation would make reporting far too rigid. While disparities exist at regional, local authority, ward and even street level, the appropriate unit of comparison will vary depending on the mission or policy area. Governments must be able to adapt reporting to reflect changing contexts, without cumbersome revisions to primary legislation. The statement of levelling-up missions is intended as a statement of government policy, which will set out those admissions and metrics, while the annual report will report against those metrics. Having requirements to assess disparities according to specific criteria in the statement would pre-empt that annual report.
Amendment 10, in the name of the noble Lord, Lord Foster of Bath, would require the Government to publish a rural-proofing report alongside the first statement of levelling-up missions. The noble Lord is right to highlight the challenges facing rural communities, as are the noble Lords, Lord Curry of Kirkharle and Lord Carrington, but the annual rural-proofing report is the key tool in highlighting this work. The second of those reports, Delivering for Rural England, is out. It sets out further details on the Government’s approach to levelling up rural areas.
In addition, last month the Government published an action plan detailing their ongoing work and future plans to support rural areas. The noble Lord, Lord Foster of Bath, mentioned that, coming out of that, we are providing £378 million in ring-fenced grants for rural areas, to fund energy-efficiency and clean heating upgrades for low-income households living off the gas grid in England. We also announced a £2.5 million fund to boost the supply of new affordable housing to rent or buy in rural areas, by creating a network of new rural housing enablers. As noble Lords said, we are also supporting community ownership of vital rural assets, such as pubs and shops, through the £150 million community ownership fund. These are areas across government where we are supporting the rural economy and rural England, and this will come out of those rural- proofing issues. I will mention more of this in a minute.
Amendment 12, in the name of the noble Baroness, Lady Hayman of Ullock, seeks the publication of a report by an independent advisory body on progress against the levelling-up missions. Through the provisions we seek to put in statute in the Bill, we are committed to enabling Parliament, the public and experts to scrutinise our progress against our missions and in reducing geographic disparities, and to hold the Government to account. Many think tanks and academics are already scrutinising our performance on levelling up. Through my department’s spatial data unit, we are embracing and seeking to build on this engagement, including through work to improve the way in which government collates and reports on spending and outcomes and considers geographical disparities in its policy-making. That is not just in my department but across government.
As noble Lords will know, we also established the independent Levelling Up Advisory Council, chaired by Andy Haldane. The council, which provides very candid advice to Ministers and conducts independent research for the levelling-up agenda, has met nine times already. I am confident that these provisions and commitments will ensure transparency, scrutiny and accountability on the levelling-up missions, and on the way in which geographical disparities are defined, measured and addressed, without adding any unnecessary proliferation of public bodies.
Amendment 14, in the name of my noble friend Lord Holmes of Richmond, would oblige the Government to publish a report that considers establishing a task force to help increase the effective use of robotics and automation and to consider the impact on regional disparities. The Government are hugely committed to reducing barriers to innovation, which is why we committed almost £200 million in funding to manufacturers through the Made Smarter programme, and we are already convening a Robotics Growth Partnership with leaders across academia and industry. The Levelling Up Advisory Council is considering how to improve the uptake of productivity-enhancing technologies. Given the work that is ongoing already, we do not believe that a task force is necessary. Should government find it desirable to establish a task force in the future, I assure my noble friend that it will not be necessary to legislate to establish one.
Amendment 303, in the name of the noble Lord, Lord Foster, would require a rural-proofing report on how
“the measures contained within the Act will address the needs of rural communities”.
As I highlighted, the Government already have extensive rural-proofing mechanisms which ensure that the unique challenges of rural communities are considered in all our policy-making. The Government undertake robust impact assessment processes when introducing any new policy. The Bill is subject to the same scrutiny and therefore has been assessed accordingly to ensure that all communities, including rural ones, are sufficiently considered. Given the existing mechanisms in place, we do not believe it is necessary to impose a further condition on the provisions of the Bill.
I hope that this provides the necessary reassurance for my noble friend Lord Lansley to withdraw his amendment and for the other amendments to not be moved.
Lord Shipley (LD)
Before the Minister sits down, perhaps she might explain a little further about the Levelling Up Advisory Council. I think I heard her say that is has now met nine times. Is the advisory council publishing its papers and the minutes of its meetings? I am led to believe that it has not been doing so. Is that the case and, if so, would it not be better if the papers and minutes of its meetings were published?
Baroness Scott of Bybrook (Con)
My Lords, I am not aware that the advisory council is publishing papers, because it is advisory to the Government. I will make further inquiries and come back to the noble Lord and others in the Chamber.
Lord Foster of Bath (LD)
To save the House time later, I remind the Minister that rural-proofing is not about giving a list of good things you have done in rural areas. To quote the Government’s own document:
“Rural proofing aims to understand the intended outcomes of government policy intervention in a rural context and to ensure fair and equitable policy outcomes for rural areas”.
If the Minister is correct that this legislation has been rural-proofed, will she commit to publishing the specific report for this Bill, which would achieve what my two amendments are seeking to do?
Baroness Scott of Bybrook (Con)
My Lords, a number of proofings have been done on the Bill. I will ask for those and make sure that they are brought forward. It is not about giving money; it is about knowing where money is required in rural areas to make life better for people, as well as making sure that policies are rural-proofed. If we find out through that rural-proofing that some policies are not delivering as well as they could for rural areas, we have to do something about it, and that is what the Government are doing.
Baroness Hayman of Ullock (Lab)
Before the Minister sits down, if the policies have been rural-proofed, what happened to the metrics? Clearly, they have not been rural-proofed. I raised public transport, which I think needs looking at.
Baroness Scott of Bybrook (Con)
I have an update for the House: I have been advised that the independent advisory board has a public blog that noble Lords might like to look at.
Baroness Taylor of Stevenage (Lab)
My Lords, I draw attention to my interests, as I am still a serving councillor in both Stevenage and Hertfordshire.
It is always a huge privilege to follow Members of your Lordships’ House with such great expertise and passion for their subjects as my noble friend Lady Lister of Burtersett and the noble Baroness, Lady Finlay of Llandaff, supported by the noble Baronesses, Lady D’Souza and Lady Benjamin, and the right reverend Prelate the Bishop of Durham. I shall speak to their amendments in a moment.
First, I have tabled Amendment 5 to highlight a number of missed opportunities in the Bill. Some of the many issues we have raised relate to the deficiency of the Bill in clearly setting out a definition of what levelling up actually means to the Government and, as importantly, how it will reach every area—we have a later set of amendments on regional disparities—how it will be funded, how it will measure outcomes rather than outputs, and how in key areas it will start to turn the agenda from acute interventions, which are expensive and complex, to preventive work, which will be more effective and save costs in the long run. I am grateful to my noble friend Lady Hayman for setting out so clearly our concerns around funding; I will not comment any further on that subject.
It seems to us that the levelling-up missions are nowhere near ambitious enough to take this country forward in the wake of Brexit, the pandemic and climate change, and with economic changes that need a clear strategic approach to ensure that the United Kingdom keeps pace with scientific development, tackles productivity challenges and is a place where everyone has the opportunity and encouragement to play their part in growing the economy.
What we see in the levelling-up Bill is, too often, the sticking-plaster politics of the last few years, which will do little to tackle the long-term challenges. Our missions indicate our ambition and determination that our country will face those long-term challenges that really matter to citizens and society; keep focused on them in spite of day-to-day pressures; ensure that everyone—business and trade unions, private and public sector, and government departments—works together; and, key to the consideration of this Bill, make sure that local and national government work together in partnership to ensure that action happens at the right level and combines national strategy with local knowledge and expertise. Strong missions must be focused on tackling the long-term and complex problems that need long-term thinking and recognise that there is no silver bullet to solve them, only key partnerships worked at and sustained over time.
We must be more ambitious, like our mission to secure the highest sustained growth in the G7, which is aimed at tackling the consistent underperformance in our economy that sees Britain still trailing behind our partners rather than powering ahead. ONS statistics show that the UK’s GDP growth between the final quarters of 2019 and 2022 was the lowest in the G7, which means that the UK is the only G7 country in which the economy remains smaller than it was before the pandemic. Being as ambitious for our economy as the people in our country are for their families must surely be the launch pad of levelling up.
There can be no levelling up while people and communities still feel unsafe in the places they live, work or spend their leisure time. There can be no levelling up while we treat the challenge of producing clean energy with a lack of ambition. We need a mission to make Britain a clean energy superpower, creating jobs, cutting bills and dealing with the crisis in energy security.
The noble Baroness, Lady Finlay, clearly set out the reasons why tackling health inequalities, which have beleaguered the UK for generations, must be part of the mission to level up our country in order to break the cycle. My local area is home to some of the most exciting cell and gene therapy developments in the world, so it is ironic that if you live in parts of my borough, you will live 10 years less than if you live in St Albans, 12 miles away.
In the United Kingdom we have 7 million people languishing on NHS waiting lists, waiting for surgery or procedures that could be life changing, never mind life saving. We must include in the missions for this country a stated aim to harness the life sciences to reduce preventable illness, speed up access to treatments and cut health inequalities. For that reason, if the noble Baroness, Lady Finlay, chooses to test the opinion of the House on this subject, she will have our support.
Lastly, I come to the powerful words of my noble friend Lady Lister, who has been such a strong advocate for children, particularly disadvantaged children, in your Lordships’ House. It is a shameful indictment of this Government that the situation relating to child poverty has gone backwards since 2010. As the right reverend Prelate the Bishop of Durham said, it should be central to levelling up. The Child Poverty Action Group figure of 4.2 million children living in poverty, which has been widely cited in the debate, is a shameful indictment. As the noble Baroness, Lady Benjamin, said, the situation is far worse for black and ethnic-minority children, and working is not the answer for everyone, with 71% of children in poverty living in a home where at least one person works. The figure cited that between 1998 and 2003 the number of children living in poverty fell by 600,000 shows that it can be done, but the figures are now climbing rapidly again.
The combination of low pay, poor housing and steep rises in the costs of food and energy is taking a terrible toll on the life chances of too many children and young people across our country. We heard recently from the National Housing Federation that too many children are in poor accommodation where they still have to share beds with their parents well into their teenage years. The generational change needed here requires breaking down the barriers to opportunity at every stage, for every child. That needs reform of the childcare and education systems to raise standards and prepare young people for work and life.
None of this can happen unless we all—across the political spectrum and society—make it our ambition to drive out the child poverty that blights lives, drains self-confidence, squashes opportunity and ambition, and continues the cycle that sees so many of our young people unable to make their full contribution to our country. It is unthinkable that we will see any long-term levelling up in our country without tackling child poverty. Indeed, the in-depth study on child poverty carried out by the University of Newcastle put at the top of its list of priority actions
“putting tackling child poverty at the heart of future devolution deals”.
That is a clear example of why it is entirely appropriate to have a statement of intent at national level—a mission—to drive bespoke action at local level. If my noble friend Lady Lister decides to test the opinion of the House on whether this must be included as a mission, she will have our strong support.
We would, of course, like to see Labour’s missions at the heart of the Bill, but even an optimist like me realises that this might be a little premature. However, the amendments on health inequalities and child poverty deal with aims that surely we all share and issues without close attention to which levelling up just cannot happen or be successful. I reiterate our support for them and urge all noble Lords to support those amendments.
Baroness Scott of Bybrook (Con)
My Lords, Amendment 4 in the name of the noble Baroness, Lady Lister of Burtersett, would require the Government to set out a levelling-up mission to reduce child poverty. Amendment 5 in the name of the noble Baroness, Lady Taylor of Stevenage, would compel the Government to relate their missions to the Labour Party’s five priorities. What I am interested in is why child poverty is not in her amendment. Amendment 7 in the name of the noble Baroness, Lady Finlay of Llandaff, would require the Government to set out a mission on health disparities and healthy life expectancy. Amendment 8 in the name of the noble Baroness, Lady Pinnock, would require the Government to include the missions and headline metrics from the levelling up White Paper in their first statement of levelling-up missions.
I have made our approach to levelling-up missions extremely clear in this House. They are subject to debate in Parliament, but the specifics of the missions are not written into law. Missions may need to evolve over time—including to make them more stretching as goals are met and to adapt to policy relevant to the day. We will not put any missions in the Bill. Missions are intended to anchor government policy and decision-making necessary to level up the United Kingdom. Missions should not, however, be set in stone. As the economy adapts, so will the missions reflect the changing environment and lessons learned from past interventions.
Earl Howe
“Statement of levelling-up missions: devolution(1) In the course of preparing a statement of levelling-up missions, a Minister of the Crown must—(a) have regard to any role of the devolved legislatures and devolved authorities in connection with the levelling-up missions in the statement, and(b) carry out such consultation as the Minister considers appropriate with the devolved authorities.(2) A Minister of the Crown must prepare a document which sets out how the Minister has complied with subsection (1)(a).(3) A Minister of the Crown must lay the document mentioned in subsection (2) before each House of Parliament, and publish it, at the same time, or as soon as is reasonably practicable after, the statement of levelling-up missions is so laid and published.”Member’s explanatory statement
This amendment requires a Minister of the Crown to have regard to the role of devolved legislatures and devolved authorities, and to consult devolved authorities, in preparing statements of levelling-up missions. It also requires a Minister to report to Parliament on how they have so had regard.
Earl Howe (Con)
My Lords, in moving this amendment, I will speak also to Amendments 13, 15, 16, 21 and 23. The Government are committed to respecting the devolution settlements. The UK Government and the devolved Administrations share a common ambition to deliver the best possible outcomes for people and to make sure that opportunity is spread more evenly across the whole of the country, even if the way we articulate and measure these objectives may sometimes differ.
We have listened carefully to the views of the devolved Administrations, and to views expressed in this House, on the importance of ensuring that Governments in all parts of the UK are properly engaged as we take forward the levelling-up agenda, and that the devolution settlements are not undermined. There is work under way between officials in the UK Government and in the devolved Administrations to explore collaborative work on various missions—for example, on research and development and well-being. These amendments provide further assurance as they make our commitment to work collaboratively explicit and binding in the Bill.
Amendments 9, 15 and 16 would oblige the UK Government to have regard to any role of devolved legislatures and devolved authorities, to consult devolved authorities when preparing or reviewing statements of levelling-up missions or making revisions to mission progress methodology, metrics or the target date, and to report to Parliament on how they have done so. Amendment 13 would place a further duty on the UK Government to consult devolved authorities when preparing a report on the delivery of the missions.
Baroness Hayman of Ullock (Lab)
My Lords, I just want to say that we also welcome these amendments and that I support everything that the noble and learned Lord, Lord Thomas of Cwmgiedd, said.
Earl Howe (Con)
My Lords, I am extremely grateful to the noble and learned Lords, Lord Thomas of Cwmgiedd and Lord Hope of Craighead, as well as to my noble friends the Duke of Montrose and Lady O’Neill, in addition to noble Lords opposite.
The levelling-up missions have been set by the UK Government but outcomes are a shared interest for the whole of the UK. We fully recognise that some of the missions cover areas where public services are devolved. The purpose of the missions is not to alter existing areas of responsibility but rather to align and co-ordinate how different areas of government work towards a common goal. As I have mentioned, work is already under way between officials in the UK Government and devolved Administrations to explore collaborative work on various missions.
However, what I want to stress is the point well made by the noble and learned Lord, Lord Thomas of Cwmgiedd, about working together across the union. We are committed to working with the devolved Administrations to align policy, and towards a goal shared by everyone: to reduce geographic disparities across all of the UK. These amendments provide further assurance of that commitment by making it explicit and binding in the Bill.
To pick up a further point raised by the noble and learned Lord, we are taking specific action in Scotland, Wales and Northern Ireland, including putting local voices at the heart of decision-making through the UK shared prosperity fund, launching an innovation accelerator in Glasgow City Region and establishing a UK national academy to provide a first-class education to all children in the UK.
My noble friend the Duke of Montrose spoke about establishing a framework. My best response to that is that one of the benefits of devolution is that it allows local places to take tailored approaches to tackling common challenges, enabling experimentation and innovation. We want to do more to bring together evidence and insights from across the UK, learning from our different approaches and experiences, so that we can improve our collective evidence base about what works and what does not work in different contexts. That, to my mind, is a win-win and it could be described as a desire to establish, over time, a framework that works for everybody. Ultimately, working together to improve our collective evidence base will help us all deliver better outcomes for people across the UK.
Baroness Scott of Bybrook
“(5A) In the course of preparing a report on the delivery of the levelling-up missions, a Minister of the Crown must carry out such consultation as the Minister considers appropriate with the devolved authorities.”Member’s explanatory statement
This amendment requires a Minister to consult the devolved authorities in the course of preparing a report on the delivery of the levelling-up missions.
Baroness Scott of Bybrook
“(4) Before making any revisions under subsection (2), a Minister of the Crown must— (a) have regard to any role of the devolved legislatures and devolved authorities in connection with the levelling-up mission to which the revision relates, and (b) carry out such consultation as the Minister considers appropriate with the devolved authorities.”Member’s explanatory statement
This amendment requires a Minister, before making a revision to mission progress methodology and metrics or a target date, to have regard to any role of the devolved legislatures or devolved authorities in connection with the mission to which the revision relates and to consult the devolved authorities.
Baroness Scott of Bybrook
“(5A) In the course of carrying out a review under this section, a Minister of the Crown must—(a) have regard to any role of the devolved legislatures and devolved authorities in connection with the levelling-up missions in the statement, and(b) carry out such consultation as the Minister considers appropriate with the devolved authorities.”Member’s explanatory statement
This amendment requires a Minister, in the course of carrying out a review under Clause 5, to have regard to the role of the devolved legislatures and devolved authorities in connection with the levelling-up missions and to consult the devolved authorities.
Baroness Pinnock (LD)
My Lords, Amendment 18 is a new probing amendment, because we all assumed that, if the Government are committed to levelling up and understand, as they will, that it is dependent on long-term capital investment, that would therefore be available.
The noble Baroness, Lady Hayman of Ullock, quoted the Financial Times, and I too did a bit of research on what capital was around. The Financial Times raised this issue earlier this year, reporting that John Glen, who was then Chief Secretary to the Treasury—perhaps he still is—has
“now stepped in to prevent DLUHC from signing off spending on any new capital projects, because of concerns about whether the department is delivering value for money. Such interventions are typically reserved for departments about which the Treasury has particular financial concerns”.
The Financial Times report went on to say:
“The decision to rein in Gove’s expenditure, taken last week, means that any new capital spending decision ‘however small, must now be referred to HMT before approval and the department is not allowed to make any decisions itself’”.
It is a fairly damning indictment of the spending already undertaken by DLUHC if that is the Treasury’s view of its value for money. As I said at the start, levelling up depends on capital investment. It is difficult to interpret the Government’s—the Treasury’s—decision to have tight controls on capital spending as anything other than putting a big brake on levelling-up funding, to the detriment of communities that are desperate for investment.
A House of Commons Select Committee also reported on levelling-up funds, which we referred to in debates on earlier groups today. It made the salient point that the Department for Levelling Up, Housing and Communities is apparently not able to demonstrate how the funding fulfils the aims of the White Paper for sustained investment to tackle long-standing inequality—these are the points that I have made today and throughout the debates on the Bill. That was a cross-party committee. The National Audit Office also published a report, making a similar, stark plea to the department to urgently increase the capacity to assess and manage levelling-up funds.
So here we are, with a significant Bill carrying one of the Government’s key objectives, set out in a detailed report, and before it has really got going the Treasury is saying, “Well, you can’t spend anything without us first checking and signing it off”. We also have researched reports from the House of Commons Select Committee and the National Audit Office, both pointing to funding not being spent in perhaps the best possible way.
So the noble Baroness, Lady Hayman, has posed an important question. We ought to hear from the Minister that the Government are prepared to continue to invest significant sums in levelling up because, without that, levelling up will not occur. You can tell that from the White Paper, which I keep pointing to—it has done its job. Unless there is investment, levelling up will not happen. If the Treasury is putting a big brake on it, how are we going to level up? Perhaps the Minister can give us some pointers.
Baroness Scott of Bybrook (Con)
Amendment 18 in the name of the noble Baroness, Lady Hayman of Ullock, relates to officials publishing an assessment of the impact of the requirement that the Department for Levelling Up, Housing and Communities seeks consent from His Majesty’s Treasury for all capital spending on the delivery of Part 1 of this Bill when it becomes an Act.
Noble Lords will be aware that the department is working within a new delegation approach, which involves Treasury sign-off on new capital spend. However, there has been no change to the budgets of the Department for Levelling Up, Housing and Communities, and no change to our policy objectives. It is reported that the Department for Levelling Up, Housing and Communities requires approval from His Majesty’s Treasury for new capital projects, but this will not impact the levelling-up agenda. The recent change relates only to new projects; there is no change to the decision-making framework for existing capital programmes and no change to the department’s budgets. Moreover, noble Lords will be aware that, in the usual course of departmental business, the majority of programmes would require HMT approval in any case, so there is little change with this new capital spending approach.
The noble Baroness, Lady Hayman of Ullock, asked what implications the new spending control would have on the levelling-up agenda. The amendment to capital delegations referred to in press coverage has absolutely no implications for the Government’s policy agenda. The Government’s central mission remains to level up every part of the UK by spreading opportunity, empowering local leaders and improving public services. There has been no dilution of levelling up. There have been no changes to the size of DLUHC budgets, both capital and revenue, or to its policy objectives; neither does this impact how large programmes already agreed are being delivered—for example, the towns fund or the levelling-up fund.
I hope this gives the noble Baroness, Lady Hayman of Ullock, enough reassurance that she will not press her amendment.
Baroness Hayman of Ullock (Lab)
My Lords, I thank the noble Baroness, Lady Pinnock, for her comments in this debate and the Minister for her response. Although I am not absolutely and entirely convinced by everything she said, I beg leave to withdraw my amendment.
Baroness Pinnock (LD)
My Lords, this group of amendments from the noble Baronesses, Lady Hayman of Ullock and Lady Taylor of Stevenage, concern the cost of living, based on regional variations that could exacerbate the challenges in the very areas already defined by the Government as suffering multiple inequalities. The noble Baroness, Lady Taylor, made a case for investigating geographical disparities in relation to the cost of living, which was the theme of my noble friend Lord Shipley’s amendment that was agreed earlier today.
The cost of living crisis is hitting some families and some parts of the country much harder than others. The Centre for Cities has done an investigation into the differences in the impact of the cost of living crisis on different parts of the country. What it discovered, which is not surprising, is that some areas of the north, the Midlands and the West Country are harder hit than cities in the south and the south-east. That mirrors the geographical inequalities we have been debating today.
I picked out these figures because they are from west Yorkshire. Bradford is already a significant area of child poverty and family deprivation. The Centre for Cities study, which has data from as recently as May this year, shows that on average a family household in Bradford is poorer by £111 a month. Huddersfield, in my own council area—a similar area for child poverty and deprivation—was also poorer by £111 per month. Every household in every part of the country will be worse off as a result of the cost of living crisis and all that goes with it. But when I looked at towns in more southern parts of the country, I found that they were worse off by, for example, £61 a month, £59 a month and £65 a month—about half the hit that families in Bradford and Huddersfield have had.
There is an issue here that I hope that the Government are thinking about in considering levelling up. The arguments we have heard in earlier debates demonstrate that areas with existing poverty and a further impact on family finances are harder hit than others where family finances are more resilient to a cost of living crisis. That leads me to conclude that those same areas should be the focus of the Government’s levelling up. It is no good saying, as the Government have done through the towns fund and the levelling-up funds, that Newark and bits of North Yorkshire are in need of levelling up. I am not denying that they would benefit from investment, but the places to which I am referring are multiply deprived and multiply under the hammer of the cost of living crisis, because of their earlier multiple deprivations.
If the Government are serious about levelling up, those are the places that need a laser focus of help, investment, planning and strategies to lift them out of the doldrums, so that they can experience the quality of life that more financially well-off areas experience. That is why this series of amendments is important. It underlines the fact that more financial troubles heap additional burdens on to these already deprived households. I look forward to seeing whether the Minister agrees with me. I live in hope.
Baroness Scott of Bybrook (Con)
My Lords, I am really pleased to address the important issue of the cost of living, dealt with in Amendments 19 and 274, proposed by the noble Baroness, Lady Hayman of Ullock. The Government absolutely understand that people are worried about the cost of living challenges ahead. That is why decisive action was taken at the Spring Budget this year to go further to protect struggling families. Taken together, support to households to help with higher bills is worth £94 billion, or £3,300 per household on average across 2022-23 and 2023-24. This is one of the largest packages in Europe.
His Majesty’s Government allocate cost of living support on the basis of the needs of cohorts, rather than location. We are committed to helping those who need it most, wherever they are. There are existing mechanisms in place to monitor and evaluate regional, economic and social disparities, and these mechanisms are effective and ongoing, making the amendment, I suggest, redundant.
The UK2070 Commission leads an independent inquiry into city and regional inequalities in the United Kingdom, while the Office for National Statistics routinely produces a range of datasets with a regional and local breakdown, including on inflation. This, alongside the Government’s spatial data unit, which is transforming the way the UK Government gather, store and manipulate subnational data, means that these amendments, we believe, are not necessary.
Amendments 20 and 285, also in the name of the noble Baroness, Lady Hayman of Ullock, seek to establish an independent board to assess geographical disparities in England, and would allow for its parameters to be specified by regulations. I have already been very clear that we are committed to enabling scrutiny of our progress on levelling up. Through my department’s spatial data unit, we are embracing and seeking to build on this engagement, including through work to improve the ways in which the Government collate and report on spending and outcomes and consider geographical disparities in our policy-making. As noble Lords will know from my responses to earlier groups in this debate, we have also established the independent Levelling Up Advisory Council, chaired by Andy Haldane, so we do not believe we need any further, unnecessary proliferation of public bodies in this space.
Amendment 22, in the name of the noble Baroness, Lady Taylor of Stevenage, considers the appropriate granularity of data. We agree with her that for certain missions and policy areas, this is extremely important. The spatial data unit in my department is already working closely with the Office for National Statistics to improve the granularity of place-specific data and strengthen published local statistics. For example, it published local neighbourhood area estimates of gross value added earlier this year, enabling comparisons of economic output to be made between very small geographical areas.
I hope I have convinced and reassured the noble Baroness, Lady Hayman of Ullock, and that she will not press her amendment and others will not press theirs.
Baroness Taylor of Stevenage (Lab)
I am very grateful to the Minister for her answers. Once again, she gave the figures for the support the Government are offering. I am sure that people who are struggling with the cost of living crisis were grateful for that, but of course, they have had another massive hit recently with the rapidly increasing mortgage rate. As people come to the end of their fixed-term mortgages, they are suddenly getting the awful shock of seeing their mortgages go up. Along with a drop in the support the Government are giving on such things as energy costs, that will be an awful combination to really hit people’s budgets once again.
I welcome the Government’s assurance that there will be a great deal of scrutiny of the levelling up data; that is welcome and we look forward to seeing how it works out over time. I particularly welcome the focus on granularity of data. There is a tendency to focus always on what is sometimes described as the north/south divide, but of course, it is never as straightforward as that. There are areas right across this country with serious poverty and deprivation, and we need to make sure that we look at those and provide appropriate support. I am very pleased to hear about the local area neighbourhood analysis now coming forward from the unit, and I am therefore happy to beg leave to withdraw the amendment.
Baroness Scott of Bybrook
““devolved authorities” means—(a) the Scottish Ministers,(b) the Welsh Ministers, and(c) the Northern Ireland departments;“devolved legislatures” means—(a) the Scottish Parliament,(b) Senedd Cymru, and(c) the Northern Ireland Assembly;”Member's explanatory statement
This amendment defines the devolved authorities and devolved legislatures for the purposes of Part 1.
Baroness Scott of Bybrook
““His Majesty’s Government” means His Majesty’s Government in the United Kingdom;”Member's explanatory statement
This amendment makes it clear that references to His Majesty’s Government in Part 1 are to His Majesty’s Government in the United Kingdom.
Baroness Pinnock (LD)
My Lords, increasingly I think that we need a clear definition of levelling up, partly because what I have in mind is certainly not shared by many others around the Chamber.
When I read the tome—the levelling up White Paper—it struck me, with all the maps and graphics in there, that the aim the Government had in mind was to have a clear, strategic focus on areas of multiple deprivation, as defined in the tome, and others, including poor health, lower skills, poor housing, lack of economic opportunity and poor transport, as the White Paper lists. I read it to mean that because some places had several of those factors, they were the places that the Government were going to focus their attention on as a strategy over a number of years.
I have cited previously what the White Paper says about the fact that long and deep-seated change is needed. I support that, if I have it right. What I do not think it means is that every small pocket of poverty can be addressed through levelling up, because even in the wealthiest places there are pockets of poverty. If we tried to do that, it would dissipate the clearer strategy. I am beginning to think that I am the only person who thinks that.
That was the sort of strategy that was labelled City Challenge, Single Regeneration Budget 1, Single Regeneration Budget 2 and the Neighbourhood Renewal Fund. That was the strategy: pick out those places that were suffering multiple deprivation, put a plan together and make a big investment to see whether that would make a difference. Sometimes it did, but sometimes those places did not really improve—perhaps because the strategy was more about places and not about people. People need to be at the heart of any levelling up. Levelling up includes hard stuff, such as skills, employment opportunities, decent housing, health, and child poverty. It is difficult and long-term, and you do not see immediate results. That is what I think levelling up is, and I am not sure —having sat through long hours of debate on the subject—whether I am the only person who thinks that.
A couple of years ago, the Centre for Cities described what it thinks levelling up means. First, it suggested that it should include increasing standards of living across the country:
“There is no inherent reason why one part of the country should have poorer skills or lower life expectancy than another”—
I can go with that. Secondly, it spoke about helping
“every place reach its ‘productivity potential’”;
that is, the gap between its level of economic achievement and what it should be. For example, in parts of Yorkshire, there is quite a big gap, and that will be the same elsewhere.
We need to hear what the Government think levelling up is and where it is aimed. Is it what is in the White Paper, or is it, “Oh dear, we have to try to deal with pockets of poverty and deprivation everywhere”? That is a different strategy, in my head. Unless there is clarity about what the purpose of levelling up is, I think the strategy will become so broad and wide that lots of areas and lots of our communities will miss out. I certainly would not like that.
I guess the noble Earl has the short straw with this group; I really look forward to hearing what he has to say.
Earl Howe (Con)
My Lords, Amendment 24, in the name of the noble Baroness, Lady Taylor of Stevenage, asks the Government to define levelling up. I can simply say that it is already very clearly defined. When launching the levelling up White Paper, the Government clearly defined levelling up as
“a moral, social and economic programme for the whole of government”
to
“spread opportunity more equally across the”
country.
As stated expressly in the very first pages of the White Paper and thereafter, levelling up is about, first, boosting pay and productivity, especially in places where they are lacking; secondly, spreading opportunities and improving public services, especially where they are weakest; thirdly, restoring local pride; and, fourthly, empowering local leaders. Those are the principal four headings—not so different from those articulated by the noble Baroness, Lady Pinnock, actually—and in the very first clause of the Bill, levelling-up missions are defined as
“objectives which His Majesty’s Government intends to pursue to reduce geographical disparities in the United Kingdom”.
Furthermore, the Bill will already place a statutory duty on the Government to confirm their missions through laying and publishing a statement of levelling-up missions. There is no need, therefore, to have regulations on top of that.
The Government are putting the framework for the missions into statute, and that arrangement is designed to ensure that what we mean by levelling up and how well we are doing to make progress are transparent and the Government can be held properly to account. As the Government have consistently set out, the first levelling-up statement will be based on the White Paper, but missions, as we have said a number of times, need to evolve over time. The Bill requires the Government to notify Parliament formally of any proposed changes to the missions or metrics set out in the statement of levelling-up missions, and we fully expect that Parliament, expert stakeholders and, indeed, the wider public will use these provisions to hold the Government to account—which, I take it, is in fact the main point behind the amendment.
I hope that my explaining this on the record will have reassured the noble Baroness, Lady Taylor, and that, in the light of what I have said, she will feel able to withdraw her amendment.
Baroness Taylor of Stevenage (Lab)
My Lords, once again, I am grateful to the noble Earl for his response, and I thank the noble Baroness, Lady Pinnock, for agreeing that we need this definition, but I am still puzzled why, unlike with most Bills that we consider in your Lordships House, there is no clear definition in the Bill of what is intended for it overall. If we go back to the missions and metrics, the content of the missions is not in the Bill, either. Levelling-up missions may be defined in the Bill, but only in a conceptual way, not saying what those missions are; whereas, for example, if we take one of the introductory chapters of the Bill about the setting up of combined authorities, there is a clear definition of a combined authority. It says:
“‘combined authority’ means a combined authority established under Section 103 of the Local Democracy, Economic Development and Construction Act 2009”.
There is a definition of what an economic prosperity board and an integrated transport authority is, yet we do not have that kind of definition of what levelling up means in the Bill. For example, there would be nothing to stop the Government, having set out the missions, to consider them separately as well.
That is part of the problem: there may be a definition which the Secretary of State is working to, but, because it is not in the Bill, it is not being communicated to the people charged with delivering the vast majority of what is in it. We feel it would have been much more helpful to have this definition of what levelling up actually is right there in the Bill. However, I am prepared to withdraw the amendment.
Lord Shipley (LD)
Governor-General of the West Midlands—there, my Lords, is a thought. We are now starting to laugh, and I think there is a danger here that the general public will just not understand what all these titles are for. I would immediately say a school governor, a prison governor or the governor of a US state. We can think of various possibilities, but a governor of a combined county? I really do not think that fits with the structure of local and subregional government that we are talking about.
Under Clause 40(2)(c) the title could be “elected leader”. This is very strange, because councils have leaders and those leaders are elected—so I am not clear what the difference is between the “elected leader” of a CCA and the leader of a council. The constituency may be different: that is, it is the whole electorate for the mayor, but for the leader it is the councillors of that council who have to vote to elect that person as the leader of the council as well as leader of the group. This is getting too confusing.
The next thing could well be that if a mayoral CCA is entitled to call its mayor something else, can other combined authorities that have been in existence for a number of years change the title of their mayor? I just do not know why we are going down this road at all. I just say all that to the Minister. There may be something that I have not thought of that she can alleviate my concerns with, but I just wish that this clause and the associated clauses would just go away. It is not something that I want a vote on; I just hope that I will not have to stand up when the statutory instrument comes through for the creation of a CCA and ask why it is that the name has altered to something like a “county commissioner”, which the general public do not comprehend.
Baroness Scott of Bybrook (Con)
My Lords, Amendments 25, 27, 35 and 53, tabled by the noble Baroness, Lady Hayman of Ullock, regard the boundaries and memberships of CCAs and combined authorities. The Bill includes our intended criteria for establishing and changing boundaries of CCAs and CAs in Clauses 44, 46, 62 and 63.
Proposals to change the area of a combined county area are generated locally in line with our principle of locally led devolution. The process to propose a boundary change must include a public consultation being undertaken. The Secretary of State has to assess any such proposals, including the results of the consultation, against a set of statutory tests and will consent to making the requisite secondary legislation only if they are content that the statutory tests are met. The legislation is therefore subject to a triple lock of agreement from the Secretary of State, the consent of the local area and parliamentary approval. I think it is important that we look at that as a triple lock.
Any proposal from the local area has to demonstrate that it will improve the economic, social and environmental well-being of some or all of the people who live and work in the area, suitably reflecting their identities and the interests of local communities, and will deliver effective and convenient local government. As such, the expansion of a CCA or CA cannot be pursued for political advantage. It must benefit the local area.
Baroness Hayman of Ullock (Lab)
I want to ask for clarification. The test is to carry out a consultation. When the Secretary of State takes that consultation with the local community into account, can he make a decision against what the majority of that community voted for?
Baroness Scott of Bybrook (Con)
It is more complex than that. It is not a referendum but a consultation. Therefore, there will be many views for, against, in the middle and all over the place, but he will obviously have to take account of views. If everyone said they did not want something, I am sure the Secretary of State would take note of that; it is part of those tests.
The main focus of the Local Government Boundary Commission for England, which the noble Baroness brought up, is a rolling programme of electoral reviews of local authorities; this is where its skills and experience mainly lie. It would not be appropriate to consult it on the proposed boundaries of CCAs and CAs. The requirement for public consultation and statutory tests for regulations provide, we believe, sufficient protection that further consultation is unnecessary. For these reasons, I hope the noble Baroness will not press her amendments.
Amendments 37 to 39 in the name of the noble Lord, Lord Shipley, seek to remove Clauses 40 to 42, which set out the process to allow the mayor of a CCA to change to a locally appropriate title that resonates with local stakeholders. Some areas are reluctant to adopt a mayor governance model as they feel the word “mayor” would be confusing and inappropriate for their area, preventing access to a strong devolution deal.
We had this discussion in Committee. There are many areas in this country where every town in a county, or even a district, will have a local mayor. That has been an issue for some authorities when they look into a CCA for the future. The noble Lord talked about directly elected leaders. Some authorities have said to us that they would prefer to call the person who leads—doing the same job as a mayor in a county authority—a “directly elected leader”. It is just a name; the job itself is the same.
To minimise confusion, the clauses include the protection of a shortlist of possible titles—it does not have to be used; it just gives some ideas—as well as a mechanism for areas to use any other title they choose, providing they have regard to other public officeholders’ titles in the area of that authority. We are trying to give as much local flexibility as possible to allow for local circumstances, so that the name of the directly elected person to lead that combined authority is the best name to use in that area.
Amendment 52, also in the name of the noble Lord, Lord Hunt of Kings Heath, regarding the timing of an order changing a combined authority’s area, would add further inflexibility to the process. An MCA can be expanded only at the time of a mayoral election, for reasons of democratic accountability; those affected by the mayor’s decisions will have had the opportunity to take part in that mayor’s election. Consequently, it can already be several years between an area expressing an interest in joining an MCA and such expansion coming into force. Introducing additional inflexibility would impede and potentially further delay—
Lord Hunt of Kings Heath (Lab)
My Lords, I will not delay the House for long but, with the greatest respect, this was a twinkle in the eye of Mayor Street a few months ago when the Wolverhampton Express & Star reported it. People in Warwickshire were innocently going about their own business, then along came Mr Gove to put pressure on them to make this application. The Minister is indulging in a fantasy that this is somehow driven by Warwickshire people desperate to join the West Midlands.
I joke about Wiltshire but the Minister will know about the sensitivities of shire counties and their relationship with urban metropolitan districts, which I well understand. My noble friend Lady Anderson’s Staffordshire would be another case in point; it would not wish to be ruled, in a sense, from Birmingham. It really is too much: the rules are being changed to allow for one gerrymander, in a foolish attempt to save Mr Street’s political career. That really will not do.
I am not going to go on because we have two other groups. In the next—
Baroness Scott of Bybrook (Con)
May I answer the noble Lord first? I am not talking about the West Midlands or Warwickshire; I am talking about what is in the Bill and why we are doing what we are doing. I will come on to the Warwickshire issue in a bit, but this has nothing to do with it as far as I am concerned. What I am saying now is about the Bill and not about Warwickshire.
Baroness Pinnock (LD)
I thank the Minister for giving way. Do the Government have any limit for the expansion of mayoral combined authorities? If Warwickshire is allowed to accede to the West Midlands —Worcestershire is nearby and Staffordshire is next door. What is on the other side? I am thinking of between Coventry and Birmingham. It could get very large, so I want to know if there is a limit. This is a serious question, because when the West Yorkshire Combined Authority was created, we were not permitted to include parts of North Yorkshire, which had always been part of that combined authority before it had mayoral status. This is an interesting question for me in West Yorkshire, as well as for those who live in the West Midlands area.
Baroness Scott of Bybrook (Con)
My Lords, as we have said before, there are clear regulations that the Secretary of State will look at when he considers any bid. We have made it clear that they have to be geographically sensible economic areas, so I cannot think of anything growing and growing, because it will not. But it will be local people who put forward the bid; the Government will not be saying to any local area, “You have to join”. These are locally led bids for areas that local people think are the right economic areas to do business in and to deliver for them. How big will they be, realistically? They will not be what the noble Baroness suggests, of course, because those would be too big to be really good economic areas, but it is up to local people to do this, as I keep saying.
One of the principles that underpin our devolution agenda is that devolution deals are agreed and implemented over a sensible geography. We want to remove any barriers to neighbouring local authorities joining a combined authority where there is a strong economic, social and environmental rationale for doing so. The new local consent arrangements under Clause 57 mean that the decision would be given to the mayor and council wishing to join the CA. The mayor is democratically accountable to the whole existing CA area, so it is right that they should be the decision-taker for decisions on changes to that whole area.
The arrangements proposed in this amendment could mean that an expansion of a CA area that evidence shows would be likely to improve outcomes for the proposed whole new area could end up being vetoed by just one existing constituent council if the CA’s local constituency requires unanimous agreement from its members on this matter. This has been an issue in the past. This potential impediment to furthering devolution cannot be right; one small authority cannot stop a larger area that wants to grow to be more economically viable.
In his explanatory statement for Amendment 53A, the noble Lord references
“reports that areas may be added to the West Midlands Combined Authority prior to the 2024 Mayoral Election”.
Warwickshire County Council’s plans are part of a local process for the area—county and district councils—and it is up to it to apply to join the WMCA. If Warwickshire decides to pursue this, it will undertake a public consultation, following which it may submit its proposals to the Government. The Government will carefully consider any such proposals, as statute provides. No decisions have been taken by the Government. With these reassurances, I hope that the noble Lord feels able to not move his amendment.
Baroness Hayman of Ullock (Lab)
My Lords, I thank the Minister for her response to quite a charged debate. I thought I was quite good on the geography of the West Midlands, but I learned a bit tonight. We are not entirely satisfied with where the Bill is on this issue at the moment. I beg leave to withdraw my amendment, but, as my noble friend Lord Hunt said, I feel sure that we will return to this.
Thursday 13th July 2023
(1 year, 5 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 142-II(b) Amendments for Report (Supplementary to the Second Marshalled List) - (13 Jul 2023)
12:25 - Division on Amendment 29 - Ayes: 162 / Noes: 157 - Amendment 29 agreed.
12:35 - Division on Amendment 30 - Ayes: 164 / Noes: 155 - Amendment 30 agreed.
13:28 - Division on Amendment 53A - Ayes: 162 / Noes: 157 - Amendment 53A agreed.
14:05 - Division on Amendment 58 - Ayes: 169 / Noes: 156 - Amendment 58 agreed.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Taylor of Stevenage (Lab)
My Lords, I rise to speak to my Amendments 28 and 29 in this group and will make some brief comments on the other amendments. We completely understand the point made by the noble Lord, Lord Shipley, in Amendment 26 that the current way that combined authorities are brought together means that they could very well not be subject to any political balance mechanisms and the power structures could be centralised, as the noble Lord outlined.
The Local Government and Housing Act 1989 provisions are designed to deal with, for example, political proportionality on council committees. Of course, the political balance of combined authorities will vary across the country depending on the make-up of the constituent members, who will have been selected by dint of local elections. Although it is not impossible to put a balancing mechanism in place, it is difficult to see how that could be addressed without introducing a considerable level of complexity. It may result in some areas being represented by members who were not leaders in their own council, for example, which might bring its own difficulties. We need to think about how we get a sense of political proportionality in these combined authorities.
My Amendments 28 and 29 and Amendment 30, tabled by the noble Lord, Lord Shipley, seek similar objectives. In Committee, as far back as March, we had long discussions about the composition of combined authorities and the role of the respective councils on them in two-tier areas. I will not repeat all the points I made then but will focus on the key issues. First, the presumption in the Bill that only county councils deal with strategic issues is based on an outdated idea of district councils and is entirely wrong. As a brief example, the workstreams on the Hertfordshire growth board planning for the future of the whole county consist of town centre development, growing our economy, housing growth, tackling climate change, et cetera, and are all led by district leaders. It is hard to see how willing they would be to do that if they did not then play a full part in the work of the full growth board and were not allowed voting rights at its meetings.
In response to the point I made on this in Committee on 15 March, the noble Earl, Lord Howe, responded that district councils
“cannot be a constituent member of a co-operative local government grouping whose membership is determined by reference to strategic functions and powers which are the primary province of upper-tier and unitary authorities. That is the logic”. —[Official Report, 15/3/23; col. 1342.]
I do not see the logic of excluding the strategic leaders of 183 councils that not only run services but are responsible for the planning, housing and economic development of 68% of the land in the UK from taking part in strategic functions and powers.
My noble friend Lord Hunt has set out his concerns about the proposals relating to boundaries. He rightly points to the dangers of these being used for gerrymandering. It is simply not acceptable to use primary legislation for that purpose; it is the very opposite of devolution. My noble friend used the example of Wiltshire the other day and Shropshire today. I think also of Hertfordshire, right on the borders of London, and the idea of it being scooped into a huge authority without leaders in those areas having a say is unthinkable.
The Government’s proposal in the Bill that combined authorities may give their associate members a vote but do not have to give that same ability to district council members or leaders leaves combined authorities in the unprecedented and very unwelcome situation of having democratically elected representatives on their body who cannot vote and appointed members who can. That is surely not tenable. The amendment from the noble Lord, Lord Shipley, recognises this issue and would restrict associate members from voting. We urge the Government to consider that, if other amendments in this group are not successful. If the noble Lord, Lord Shipley, is minded to test the opinion of the House then he will certainly have our support on that.
My Amendment 28 would automatically confer voting rights on non-constituent members, but we would prefer that that was in the hands of the combined authorities themselves. Amendment 29 would establish a process for the Minister to introduce a mechanism that could allow combined authorities to give non-constituent members full member status. We feel strongly that this decision should absolutely rest with the combined authorities themselves. It is the opposite of devolution for the Government to determine which locally elected representatives should be permitted to take part in local decision-making and which should not. The noble Lord, Lord Shipley, has outlined clearly that weighted voting systems are perfectly possible. Therefore, unless we hear from the Minister that there has been a change to the Government’s view on this issue, we would like to test the opinion of the House.
Earl Howe (Con)
My Lords, Amendment 26, in the name of the noble Lord, Lord Shipley, would prevent the executive of a combined county authority being able to represent the political make-up of its members. As I made clear in Committee, that is not something that the Government can agree to. A CCA will be made up of members from each constituent council on a basis agreed by those councils through their consent to the establishing regulations, which will provide for the make-up of the CCA’s executive. It is essential that the CCA’s executive properly reflects the local political membership of that CCA, which this amendment would prohibit. It would also place the CCA’s executive in a different position from those of a local and combined authority, which do not require political balance under existing legislation. I do not believe I can say any more but I hope the noble Lord will see why I cannot accept his amendment and that, on reflection, he will agree to withdraw it.
Amendments 28 and 29 from the noble Baroness, Lady Taylor of Stevenage, seek to allow a combined county authority’s non-constituent members to be able to be made full constituent members and to give non-constituent members the same voting rights as full constituent members. Conversely, Amendment 30 from the noble Lord, Lord Shipley, would prevent associate members being given any voting rights, and his Amendment 31 would make planning authorities constituent members.
A key underlying factor of the CCA model is that only upper-tier local authorities can be constituent members and have the associated responsibilities. That is the key difference between it and the existing combined authority model, which, I remind the House, remains available to areas. A non-constituent member of a CCA is a representative of a local organisation; it will not necessarily represent a local authority. I make that point because, since a CCA is a local government institution, it would be inappropriate for any organisation other than an upper-tier local authority to be a constituent member. Constituent members are those who collectively take the decisions of the CCA and are responsible for funding it.
It would also be inappropriate for the same voting rights to be conferred on all non-constituent members, given the range of potential bodies. The CCA should have flexibility to vary voting rights to reflect its membership. We want there to be genuine localism in this area, as in others. Depending on the decision of the combined county authority, its non-constituent members can be given voting rights on the majority of matters.
Lord Hunt of Kings Heath (Lab)
My Lords, I want to make two points. The Minister said that this is not about gerrymandering. I suspect he would say that, wouldn’t he? I am a resident of Birmingham, and Birmingham City Council is a huge local authority—a member of the West Midlands Combined Authority. Do we not get any say at all in whether the boundaries should be extended to Warwickshire? Surely the current constituent authorities have a legitimate role in consenting to the boundaries being extended.
The second point is that the amendment I referred to, government Amendment 34, allows work to be done in relation to this in advance of Royal Assent—which is a highly unusual move, I suggest.
Earl Howe (Con)
I simply remind the noble Lord, in answer to his first point, that there has to be a public consultation. That is when the views of all interested parties can be taken into account. Retaining the present arrangements, which I guess the noble Lord would like to do, could mean that the expansion of a combined authority—where the evidence shows that would be likely to improve outcomes across the proposed whole new area—could end up being vetoed by one existing constituent council if the combined authority’s local constitution requires unanimous agreement from its members on this matter. That could happen, irrespective of support from the potential new member, the mayor and the great majority of constituent councils.
I hope the noble Lord appreciates why these provisions are framed as they are. I know that he believes there is an underlying malign motive. Again, I emphatically repudiate that idea. The current regime acts as a barrier to the expansion of an existing combined authority, even when there is a clear economic rationale in favour of it. The Bill will make it less difficult for combined authorities to expand into more complete and stronger economic geographies. For that reason, I ask him not to press his amendment when it is reached.
Lord Shipley (LD)
My Lords, I am grateful to the Minister for his reply. He has not allayed my concerns about the dangers of greater centralisation of power in a CCA, and I am unconvinced by his argument about local planning authorities. I still think that a district council which is a local planning authority ought to have an absolute right to membership of a CCA. It should not be at the discretion of existing members of a combined authority. We may come to that issue in a moment, but for the time being I beg leave to withdraw Amendment 26.
Baroness Hayman of Ullock (Lab)
My Lords, I shall be very brief. I want to express our support for the amendments of the noble Lord, Lord Shipley, and to reiterate our concerns around audit and Oflog and how that will operate within its responsibilities. We need to ensure that there is a sufficient set-up to deal with the huge problems facing local authorities regarding audit. We know that some authorities have not had an audit for years, so this is clearly a real problem. We thank the noble Lord for tabling the amendments and hope that the Minister and the department will look carefully at his concerns and constructive suggestions, as we really need to resolve this issue.
Earl Howe (Con)
My Lords, Amendments 32 and 33 in the name of the noble Lord, Lord Shipley, seek to increase the transparency of CCAs. Greater functions and funding must come with strong accountability, but that must go hand in hand with decisions being made at the most local level possible. I can deal with this quite briefly and, I hope, to the noble Lord’s satisfaction.
As the Bill is drafted, a CCA’s audit committee can appoint three independent members, should it wish to, but it should be a matter for the CCA to decide exactly how many above one. The regulations that will establish the combined county authorities will set out the audit committee arrangements. They will provide that, where practicable, the membership of the audit committee reflects the political balance of the constituent councils of the combined county authority. Membership may not include any officer from the combined county authority or the combined county authority’s constituent councils. The regulations will provide for audit committees to appoint at least one independent person.
As regards transparency, in addition, Part VA of the Local Government Act 1972 provides powers to require the publication of reports of a committee or sub-committee of a principal council, including audit committees. Schedule 4 to this Bill already includes a consequential amendment to apply Part VA to CCAs.
I hope that that is helpful. The noble Lord has already kindly said that he will not press his amendment, but I hope that what I have said will reassure him.
Lord Shipley (LD)
I thank the Minister for his assurances. I think there may be a way forward here—I hope very much that, at the very least, we will have strong guidance. When the statutory instruments come before the House—assuming that they do—I hope they will ensure that the ability to have three members is translated into having three, as opposed to having at least one person. There has recently been developing concern among the public as to what has happened in some local authorities whose audit systems simply do not seem to be strong enough to prevent capital investment going wrong. With that, I beg leave to withdraw the amendment.
Baroness Scott of Bybrook
“(5A) The requirements in sub-paragraphs (4) and (5) may be satisfied by things done before the coming into force of this paragraph.”Member's explanatory statement
This amendment enables the consultation and recommendation requirements relating to regulations made under paragraph 12 of Schedule 2 to the Bill (conduct and questioning of elections for the return of mayors) to be met by steps taken before those provisions come into force on Royal Assent.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, in moving government Amendment 34, I shall also speak to Amendments 40 to 42, 44 to 50, 55 to 57, 290, 297 and 306.
Amendments 34 and 306 give those preparing for and running the proposed east Midlands CCA mayoral elections in May 2024 early clarity as to the rules. Amendment 306 commences Clause 25 and Schedule 2, which contain the relevant powers upon Royal Assent. Amendment 34 enables the statutory consultation with the Electoral Commission, and the commission’s recommendations as to candidate expense limits, to occur before commencement in the east Midlands.
Amendment 50 amends Schedule 4, the current drafting of which provides only for mayoral combined authorities and mayoral combined county authorities to input on local skills improvement plans covering any of their area. However, the devolution framework in the levelling up White Paper states that this will be available to all CAs and CCAs and individual local authorities with a devolution deal. This amendment will allow all CAs and CCAs, including those without mayors, as well as local authorities with devolved adult education functions, to have their views on the relevant local skills improvement plans considered by the Secretary of State. These alterations will allow devolution deals in areas with devolved adult education functions to be fully implemented.
Amendments 55, 56, 57, 290 and 297 seek to amend Clauses 65 and 231. In its 24th report, the Delegated Powers and Regulatory Reform Committee recommended that any regulations regarding the membership of CAs and CCAs, as made through powers confirmed by Sections 104C and 107K of the Local Democracy, Economic Development and Construction Act 2009 or this Bill should be subject to the affirmative resolution procedure rather than the existing mixed resolution procedure, whereby only the initial statutory instruments made are subject to the affirmative process. I thank the committee for its work in relation to the powers in the Bill. These amendments accept that recommendation and will ensure that an appropriate level of scrutiny is achieved for regulations relating to membership of CAs and CCAs.
The remaining government amendments in this group are all consequential, amending the Equality Act 2010 and the Localism Act 2011 to apply provisions in these Acts to CCAs to allow the model to work in practice. Given their importance in allowing CCAs to operate as a local government institution, and to enable the first CCA mayoral election, I hope that noble Lords can support these amendments.
Baroness Pinnock (LD)
My Lords, I begin, as I generally do, by reminding the House of my relevant interests as a councillor and a vice-president of the Local Government Association.
I wish particularly to speak to government Amendment 34. I was quite astonished when I read it; it brings to the Bill a new issue that has not been discussed previously either at Second Reading or in Committee. I was also astonished because the amendment attempts to bypass the independence of the Electoral Commission. The commission was established to improve trust in our electoral arrangements. That is its function, and we rely on it to provide its stamp of approval for the arrangements made for elections.
To use a strong word, this is quite a pernicious amendment because it attempts to bypass the independent consultation of the Electoral Commission. I will tell the House what it says. The Bill, in its Schedule 2, currently expects the Electoral Commission to be involved in setting the arrangements for mayoral elections. On page 286, paragraph 12(4) states that
“the Secretary of State must consult the Electoral Commission”
and in sub-paragraph (5) that
“the power of the Secretary of State to make regulations … is exercisable only on, and in accordance with, a recommendation of the Electoral Commission”.
Government Amendment 34 states that the requirements in the two sub-paragraphs I have just quoted
“may be satisfied by things done before the coming into force of this paragraph”.
In other words, the Government are going to bypass those requirements. That cannot be right.
Baroness Taylor of Stevenage (Lab)
My Lords, most of these amendments are technical and non-controversial, so I would love to have repeated the famous 10-word speech given by my noble friend Lady Hayman on Tuesday and simply agreed with them. However, we share with others on these Benches some concerns with government Amendment 34. The Bill currently allows the Secretary of State to make regulations for the conduct of mayoral elections, such as regulations relating to the registration of electors and election expenses. While we do not oppose this power and see it as an inevitable part of the process for mayoral elections, the Government should absolutely involve the Electoral Commission as part of this.
We therefore welcome that sub-paragraphs (4) and (5) state that before making these regulations
“the Secretary of State must consult the Electoral Commission”.
It was widely assumed that such consultations would take place following Royal Assent, but Amendment 34 means that the consultation can begin prior to commencement. Can the Minister explain why this is necessary and confirm that it will not reduce the Electoral Commission’s vital role in this process, as rightly set out by the noble Baroness, Lady Pinnock?
It would also be helpful if the Minister could make clear exactly how the Secretary of State intends to exercise these powers. I hope she will understand the concerns that the expedited process is being introduced to facilitate a certain mayoral election—I am not referring to the east Midlands. I look forward to hearing the Minister’s response.
Baroness Scott of Bybrook (Con)
My Lords, I thank the noble Baronesses for their input on these government amendments. These amendments, particularly Amendments 34 and 306, will ensure that those tasks we are planning for in running the May 2024 election for the east Midlands combined county authority mayor have real early clarity as to the rules for the conduct of the election.
The Government are absolutely clear about the role of the Electoral Commission. It has an important role in scrutinising all draft electoral legislation. It is therefore essential that it has sufficient time to undertake this role without causing unnecessary delay to the legislation itself. I will make it very clear: consultation with the Electoral Commission will still take place in full, and will still bind the regulation making. This amendment is just changing the timings for that.
Baroness Scott of Bybrook (Con)
My Lords, I thank the noble Baroness, Lady Hayman of Ullock, for outlining her rationale for tabling Amendment 36: to clarify the relationship between PCCs and mayors, and their respective roles and responsibilities. She asked if the Government want to phase out PCCs. There is no intention to do so. The intention is to allow mayors only in some areas to exercise PCC functions. Some areas will never have mayors who do so because only in coterminous areas can mayors take those functions.
The levelling up White Paper set out the Government’s aspirations for—
Baroness Pinnock (LD)
The noble Baroness said that you could have a combined police and crime commissioner and mayor only where there is coterminosity. If combined authorities are now able to expand, will that undo that requirement?
Baroness Scott of Bybrook (Con)
No. I hate to bring up the West Midlands—I know the noble Lord opposite will be very pleased that I am—but the Mayor of the West Midlands has a choice: he can either agree to pursue the expansion to include Warwickshire, which has its own PCC, so he could no longer take the PCC role, or he can take the PCC role and therefore not Warwickshire. That is the reality of what we are doing. I hope I have explained that.
Lord Hunt of Kings Heath (Lab)
I think that is right, because you cannot be PCC over two police forces; I fully understand that. What I would say is that if I were in Warwickshire, I would think, “At some point, they will merge West Midlands Police with Warwickshire”. That is just an option for the future, but the Minister is absolutely right about the fact that the mayor cannot oversee two forces.
Baroness Scott of Bybrook (Con)
I hope I have clarified that point. What happens in the future happens in the future; we are talking about this Bill, and the Bill does not change that at all. As I said, the levelling up White Paper set out the Government’s aspiration for, where policing and combined authority boundaries align, combined authority mayors to take the lead on public safety and take on the role of the PCC—and to take steps to remove the barriers to more CA mayors taking on PCC functions.
In an area where a devolution deal is agreed and the policing and CA boundaries are not coterminous, the Government wish to encourage close co-operation between the combined authority mayor and the PCC. While it is important for the area to shape exactly what strong partnership looks like in practice, one way of achieving this would be to use the non-constituent or associate membership model being established via provisions in the Bill. This could allow the PCC a seat at the table and allow the combined authority to confer voting rights on the PCC on matters relevant to public safety. The information and clarifications sought by this amendment are, we believe, already available, and we do not agree that there is any need for a further statement.
I turn to Amendment 54. Clause 59 amends the existing provisions concerning the local consent requirements for the combined authority mayors to take on the functions of a PCC. This reflects that this transfer is merely a process whereby functions are transferred from one directly elected person to another, without any implications for the local authorities in the area. Clause 59 maintains the triple-lock model for conferring functions. That triple lock is that any transfer or conferral of powers needs local consent, the agreement of the Secretary of State and approval by Parliament.
The change which Clause 59 makes is that in future, local consent will be given simply by the mayor, who is democratically accountable across the whole area. The transfer of PCC functions to a mayor in no way diminishes the role of local government in community safety. The local authority’s role in community safety partnerships remains the same and the police and crime panel will still exist, being responsible for scrutinising the mayor as the PCC in the same way it scrutinised the PCC.
A mayor having PCC functions will, we believe, be able more successfully to pursue their other ambitions and secure better overall outcomes for their community. A deputy mayor for policing and crime is appointed who can take on certain day-to-day responsibilities for this role, ensuring that the mayor can continue to focus on all their other priorities. The Government are clear that we expect mayors to discuss any proposal seeking a transfer of a PCC function with their combined authority in advance of submitting a request for such a transfer to government. This is in line with the existing expectation that mayors seek the views of the relevant PCC, whose consent is not required in legislation.
There is evidence of the considerable benefits that a mayor having PCC functions brings. For example, in Greater Manchester, following Greater Manchester Police’s escalation to “Engage” by His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services, and the resignation of its former chief constable, the mayor appointed a new chief constable to develop and lead the force’s transformation programme, the result of which has been to ensure that the force focuses on getting the basics right and improving outcomes for the region. Under the leadership of the chief constable and with oversight and support from the mayor, Greater Manchester Police is now responding faster to emergency calls, and the number of open investigations has halved since 2021, and the inspectorate released the force from “Engage” in October 2022 on the strength of the confidence in its improvement trajectory. The Mayor of Greater Manchester, Andy Burnham, was clear that he, as the PCC for Greater Manchester, was accountable if things did not improve and that he should be held to account at the ballot box.
And finally, my Lords—although I think that says it all—government Amendment 307 provides for early commencement of Clause 59, which would allow for the statutory requirements that enable a transfer of PCC functions to CA mayors to be undertaken from the date of Royal Assent. This will enable the timely implementation of secondary legislation required for PCC function transfers to mayors to take place in time for the May 2024 elections.
The Government’s intention is to align as far as possible with the Gould principle relating to electoral management, which would suggest that any statutory instruments transferring PCC functions to mayors for May 2024 should be laid six months ahead of the elections in early November to provide notice to candidates, the electorate and the electoral administrations of any changes. It is for these reasons that the Government are unable to accept Amendment 307A proposed by the noble Lord, Lord Bach. It would time out any PCC transfers in time for mayoral combined authority elections in 2024 where there is a local desire for this.
I hope that noble Lords will feel able to accept the early commencement amendment for Clause 59 and that, following these explanations, the noble Baroness will feel able to withdraw her amendment.
Baroness Hayman of Ullock (Lab)
My Lords, I thank the Minister for her response. I beg leave to withdraw my amendment.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment removes Clause 43(9) on the basis that it overlaps with the power in Clause 231(1)(c) for regulations under the Bill to make consequential etc provision.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment means that the definition of “local government area” in Clause 44(6) has effect for the purposes of Chapter 1 of Part 2 rather than Part 2 as a whole.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment removes Clause 45(10) on the basis that it overlaps with the power in Clause 231(1)(c) for regulations under the Bill to make consequential etc provision.
Baroness Scott of Bybrook
Member's explanatory statement
This amendments corrects a cross-reference in the amendment to insert subsection (1G) into section 101 of the Local Government Act 1972.
Baroness Scott of Bybrook
Member’s explanatory statement
This amendment is consequential on the amendment to Clause 65 in the Minister’s name which provides for any regulations made under section 104C(1) or (4) of the Local Democracy, Economic Development and Construction Act 2009 (as inserted by Clause 61 of the Bill) to be subject to the affirmative resolution procedure.
Baroness Hayman of Ullock (Lab)
My Lords, one thing that we have heard in the debates in Committee and today is that councillors are a vital part of our local democracy; they represent the needs of their residents and they work to improve outcomes for their local communities. But it is also important that any good decision-making is done by people who reflect their local communities and bring a range of experience, backgrounds and insight. As we have heard, by law, councillors have to attend meetings in person at the moment. We have also heard how important Zoom and Teams were for councils to continue to meet and the public to continue to take part during lockdown and the pandemic. It also brought people together and involved more people than previously in many cases.
We debated at length in Committee the benefits of continuing to allow virtual attendance at council meetings. The noble Baroness, Lady McIntosh of Pickering, thoroughly introduced that when she spoke to her amendment, and I am very happy to support her in what she is trying to do. Unfortunately, the Government withdrew this ability. We know that it supports a large range of people, as the noble Baroness laid out: the parents of young children, carers, disabled people and people with long-term illnesses. It enables them to come forward and represent their communities and encourages wider public participation, which is surely a good thing.
When we think about access to participation, why would the Government not lower barriers to that participation? Why can we not have virtual participation in council meetings as an option? We think that councils should have the flexibility to decide for themselves whether this is a useful tool that they can use. The noble Baroness, Lady McIntosh, also mentioned, as have others, the option that we have in this House for virtual participation by those with disabilities and health issues. As others have asked, why at the very least can we not have the same dispensation for local councils that we have here in this House? The Government need to look at this again. If the noble Baroness wishes to test the opinion of the House, we will support her.
Earl Howe (Con)
My Lords, this amendment seeks to replicate the situation created by the time-limited regulations that the Government made during the pandemic using powers in the Coronavirus Act 2020 that gave local authorities the flexibility to meet remotely or in hybrid form. Those regulations expired on 7 May 2021, and since that date all councils have reverted to in-person meetings. The Covid regulations, if I may refer to them in that way, were welcomed when they were issued for very good reasons, but they were nevertheless reflective of a unique moment in time, when a response to exceptional circumstances was needed. That moment has now passed, and the Government are firmly of the view that democracy must continue to be conducted face to face, as it has been for the last two years and for most of history prior to the pandemic.
Noble Lords have argued with some force as to the benefits of meeting remotely, and I completely understand why those arguments should be put forward. In the end, however, they are arguments based on one thing alone—expediency. With great respect, those arguments miss the point.
Lord Rooker (Lab)
That is only from the perspective of the councillors. What about the public? They have the right to listen in to the council meetings without travelling, and they are losing that right. Of course, it was left to Mrs Thatcher to get the council meetings open anyway, with her Private Member’s Bill. This is an opportunity for the public not to participate but at least to be part of it and to listen without the need to travel.
Earl Howe (Con)
My Lords, I greatly respect the noble Lord, but it is Report and I hope he will understand that point—but I am also coming on to the very point that he has raised. He is absolutely right about the expectations of the public.
I suggest that the point at the heart of this issue lies in one of the core principles of local democracy, which is that citizens are able to attend council meetings in person and to interact in person with their local representatives. To allow for a mechanism that denies citizens the ability to do this, ostensibly on grounds of convenience, is in fact to allow for a dilution of good governance and hence a dilution of democracy in its fullest sense.
Councils take decisions that can fundamentally alter the lives of people. Where an elected authority comes together to impose such changes, it should be prepared to meet in the presence of those whose lives are affected. I shall exaggerate a little to make a point, and I do not mean to cause offence to anyone—
Baroness Hayman of Ullock (Lab)
We have talked about having the same as here. We all meet together, but other people can come in.
Earl Howe (Con)
With great respect, I hope that the noble Baroness will hear me out. I will address that point.
I was going to exaggerate a little to make a point; I will do so. I do not mean to cause offence to anybody, but someone whose life is directly affected by a planning decision, let us imagine, would not wish to find that the councillors concerned had taken the decision from their respective living rooms with test match coverage playing in the background. The same principle applies to the interaction between local councillors. If a council meets either in committee or in full session—especially if it meets to take decisions—councillors are entitled to expect that they will be able to deal with their fellow councillors face to face, debating with them, challenging them and taking decisions in the same room.
Baroness McIntosh of Pickering (Con)
Will my noble friend give way?
Earl Howe (Con)
No, I will not give way, I am sorry. To put that another way, anyone who has chaired a remote online meeting—whether in a local council or any other context—will know that the internet, accessible as it is to most of us, is nevertheless, by its very nature, a barrier between people. To chair a council meeting online is therefore to experience the considerable responsibility of trying to ensure that debate is both reactive and interactive, that the right balance between different arguments is achieved and that decisions are taken in the light of arguments that have been presented to those assembled in the most effective fashion.
I do not for a minute deny that the ability to conduct virtual meetings during Covid served a useful purpose—but we were making do. We have only to think of how things were in this Chamber during that time. Did we really think that a succession of prepared speeches transmitted from noble Lords’ kitchens or armchairs constituted the kind of effective debating that we experience in Committee or on Report for a Bill?
Lord Reid of Cardowan (Lab)
I am trying to follow the Minister’s logic, but I am afraid that my intellectual capacity prevents me doing so. I therefore ask a simple question. By all logic of his argument, there should be no hybrid Select Committee meetings in this House, yet there are. Does he think that that therefore devalues those Select Committee meetings?
Earl Howe (Con)
That point is very similar to one made by the noble Baroness, Lady Hayman, and my noble friend about an option of virtual attendance in case of illness or disability—as we have in this Chamber—but that option is on an exceptional basis. With great respect, that is a far cry from the terms of the amendment that my noble friend has tabled. We know what effective debating looks like: it is when we can stand in this Chamber and look each other in the eye—as at present—as active participants.
No limits are placed on authorities broadcasting their meetings online, and I would encourage them to do so to reach as wide an audience as possible. However, I hope that my noble friend Lady McIntosh and other noble Lords who have aligned themselves with her position will understand why I am coming at this from the point of view of a principle: that it is our duty to safeguard democracy as fully as we can and not to short-change it. I hope therefore that my noble friend will not feel compelled to oppose that principle by dividing the House today.
Baroness McIntosh of Pickering (Con)
My Lords, I regret that I have had no reassurance whatever, and my noble friend did not even repeat the assurance we got that the Government would keep this matter under review. I find it unacceptable that, under legislation other than the Local Government Act, licensing hearings, school admission panels and regional flood and coastal committees can meet and take decisions that affect people’s lives. The noble Lord, Lord Rooker, made the very valid point: why should it be acceptable for the public to access physical meetings remotely but not those who are temporarily or permanently unable to travel because they cannot get access to public transport? I also find it unacceptable that we have established a very good principle that we can meet remotely in Select Committees of this House but we are not extending the same right to democratically elected councils. I would like to test the opinion of the House.
Lord Cashman (Lab)
My Lords, it is a pleasure to follow the noble Baroness, Lady Burt of Solihull. I will not repeat the arguments that she has laid out before your Lordships.
I have not spoken before, so I apologise to your Lordships, but I have been motivated to do so by what I believe is potentially an unfair subsidy to one of the wealthiest landowners in the country, the Church of England, with, as the noble Baroness, Lady Burt, outlined, assets that are currently valued at £23 billion. I also believe it is discriminatory. If we are going to do this for churches, can we equally support mosques, the rather beautiful Buddhist temples around the country, the amazing synagogues and, equally, the Quaker meeting rooms? What applies to one should apply throughout.
If, as we have heard and has been accounted through the recent census, church attendance has diminished severely and churches are not being used, the parishes should be conserved as local hubs and the churches handed over to local authorities. There is a really good model that I know personally: St Matthias, the oldest church in Poplar, east London. It was deconsecrated and handed over to the local community. I am a trustee. Neighbours in Poplar and others have turned it into a thriving hub that serves those of all religions and none. That is a really good model, and it is why I am speaking against government Amendment 60. This is a potentially unfair subsidy that discriminates, and there should be no place for that in a Bill that is about levelling up.
Baroness Scott of Bybrook (Con)
My Lords, Amendment 59, in the name of the noble Baroness, Lady Scott of Needham Market, and introduced by the noble Baroness, Lady Thornhill, seeks to allow parish councils to pay allowances for dependants’ care costs to their councillors. I am grateful to the noble Baroness for raising this important issue again, and I recognise the admirable aim of her amendment.
It is important that local communities are properly represented by their local authorities at all levels, including parish councils. Giving parish councils the option of paying these allowances, though, would create an expectation that they would be available to all their members, and that would place an unknown, unfunded and potentially significant burden on the modest finances of parish councils. It is not the policy of the Government to place such burdens on local authorities at any level, and we believe it would be irresponsible to do so.
We do not have, and have not been provided with, any evidence of the scale of the demand for care allowances by parish councillors, nor of the likely costs to their councils, and we cannot be confident that the benefits here would outweigh the costs to the local taxpayer. We have a responsibility to ensure that we take action that could increase council tax further, and put extra pressures on residents, only where absolutely necessary. But I am happy to have further discussions with any noble Lords or noble Baronesses and to consider any evidence that they may have at a later date. However, until we understand this issue better, the Government cannot support the amendment.
Weymouth was brought up. Weymouth council came to the Government, as was said, but there was insufficient information for Ministers to make an informed and substantive decision at the time. Our concerns about the impact on parish councils’ finances remain, and we will respond shortly to Weymouth town council’s proposal.
Moving to government Amendments 60 and 308, we have listened carefully to the concerns that were expressed in Committee that some parish councils believe that they are prohibited from providing funding to churches —to answer the noble Lord, Lord Cashman—and other religious buildings. I pay tribute to the right reverend Prelate the Bishop of Bristol, my noble friend Lord Cormack and the noble Lord, Lord Best, for bringing this issue to the House’s attention. I am pleased to say that the Government wish to move this amendment to clarify that there is no such prohibition.
We have heard that stakeholders’ confusion comes from the Local Government Act 1894. That Act set out a clear separation of powers between the newly created civil parishes, which exercised secular functions, and what are now parochial church councils, which exercise ecclesiastical functions. In setting out the scope of the powers conferred on civil parishes, the Act gave parish councils powers over
“parish property, not being property related to the affairs of the church or being held for an ecclesiastical charity”.
Some stakeholders appear to see this wording as a general prohibition which prevents parish councils doing anything in relation to church or religious property, even under their powers in other legislation. The Government did not agree with this interpretation. Their view was that this wording simply sets out what is and is not a parish property for the purposes of the powers of the 1894 Act. This is supported by the Hansard record for 1 February 1894, when the then right reverend Prelate the Bishop of London explained why he had proposed including this wording by way of amendment.
The Government do not think that there is any general or specific provision in the 1894 Act which prohibits parish councils funding the maintenance and upkeep of churches and other religious buildings. Therefore, this amendment does not seek to make any substantive changes to the existing legal provision. Instead, it clarifies that the 1894 Act does not affect the powers, duties or liabilities of parish councils in England under any other legislation. This will give councils the comfort that, even if they disagree with the Government’s interpretation of the 1894 Act, it cannot prohibit them using their other powers to fund repairs or improvements to local places of worship, if they choose to do so. Government Amendment 308 makes provision for this new clause to come into force two months after Royal Assent.
I listened very carefully to the noble Baroness, Lady Burt of Solihull, and the noble Lord, Lord Cashman. In reality, this is going to allow something that in many areas is happening already, and we have heard examples of that. In churches and other religious buildings across this country many community activities are taking place, from coffee mornings to luncheon clubs, knitting circles and toddler groups. I think it is correct that we make it very clear as a Government that parish and town councils are legally able to support those sorts of activities and can help such facilities along a bit—often the only community facility is the church or another religious building—if the parish council or the town council agrees that it is the right thing to do on behalf of that community.
Baroness Thornhill (LD)
I thank the Minister for her considered response. However, it saddens me that the Government feel that this is not a decision that a parish council can make for itself. I will be blunt and say that it is stunningly patronising. It has been dressed up as an overwhelming regard for a parish council’s budget when, on a daily and weekly basis, the Government take decisions that increase council tax. That is another debate for another day. We are just asking for parish councils to have the power to make their own decisions.
What evidence do the Government feel would be acceptable? Lots of parish councillors might say, “We can’t get people unless we do this”, or, “Actually, there’s only one or two that ever need this but they’re really good people and we’d like to be able to give it to them”. Can I reverse that and ask the Government what evidence they feel would be needed? The bottom line is this: why can parish councils not make the decision for themselves? I beg leave to withdraw my amendment.
Baroness Scott of Bybrook
“Powers of parish councilsAfter section 19 of the Local Government Act 1894 (provisions as to small parishes), insert—“19A Powers under other enactments(1) Nothing in this Part affects any powers, duties or liabilities conferred on a parish council by or under any other enactment (whenever passed or made).(2) This section does not apply in relation to community councils (see section 179(4) of the Local Government Act 1972).””Member's explanatory statement
This amendment inserts a new section into the Local Government Act 1894 to clarify that the powers conferred on parish councils under Part 1 of that Act do not affect any powers, duties or liabilities of parish councils conferred by or under any other enactment (whenever passed or made).
Thursday 13th July 2023
(1 year, 5 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 142-II(b) Amendments for Report (Supplementary to the Second Marshalled List) - (13 Jul 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Earl Howe
“The Common Council of the City of London: removal of voting restrictions(1) In section 618 of the Housing Act 1985 (the Common Council of the City of London), omit subsections (3) and (4).(2) In section 224 of the Housing Act 1996 (the Common Council of the City of London), omit subsections (3) and (4).”Member’s explanatory statement
This amendment removes the restrictions in section 618 of the Housing Act 1985 and section 224 of the Housing Act 1996 on members of the Common Council of the City of London from voting as a member of the Council, or a committee of that Council, on matters relating to land in which they have a beneficial interest.
Earl Howe (Con)
My Lords, the amendments in this group are all concerned in one way or another with devolution. To start, I beg to move government Amendment 61; I will also speak to Amendment 309. Taken together, they pick up a proposal made by my noble friend Lord Naseby in Committee about the voting rights of members of the Common Council of the City of London. Having considered the issue raised by my noble friend, the Government are of the view that there is merit in correcting the disparity that applies uniquely to members of the Common Council of the City of London, preventing them voting on housing matters when they are also tenants of the council. These government amendments will allow common council members to apply for a dispensation to vote, bringing the City of London into line with the disclosable interest regime that applies to all other local authority members via the Localism Act 2011. I commend them to the House and will be happy to respond to the amendment in the name of the noble Baroness, Lady Taylor, once she has spoken to it.
Lord Davies of Stamford (Lab) (Valedictory Speech)
My Lords, for the last two years a very nasty, cruel war has been waged only two or three thousand kilometres to the east of here by the Russians who attacked Ukraine quite gratuitously under the orders of Mr Vladimir Putin, the President of the Russian Federation. He is a man who, I think everybody knows, identifies with the most imperialistic Russian traditions of former tsars such as Peter the Great and Catherine the Great.
We could have flinched from our responsibilities when this invasion took place but we did not, and I congratulate the Government on the strong line that they have taken in support of Ukraine and the good example they have set, which has been followed by many other members of NATO, in supplying vital arms to the Ukrainian forces. It is very important to respond to aggression because, if one does not, one will quite clearly have more of it.
My reason for speaking today is that there has been a very important meeting in Vilnius over the past few days in which the leaders of NATO have set out the kind of policy we should adopt in relation to Ukraine over the coming months and possibly longer. I am glad to say there has been a large measure of consensus and some important developments—very important is the fact that Sweden has now joined NATO. Sweden is an influential country, much respected throughout the world, and a great asset to us in this difficult situation.
The other countries—most recently France and Germany, in the last few days—have also agreed to supply new weapons, which is very important. The West generally has shown that it will not be ignored in a matter of this kind, which threatens the fundamental sovereignty of the peoples of Europe and the peace of our continent. We must always remember—we learned it in the 1930s, of course—that aggressors invariably come back for more, and what one must never do is give in to them. What is very important is that we do not conduct ourselves in such a way as to send a signal to Mr Putin that he can get away with invasion with impunity and that he can alter the frontiers of Europe quite deliberately at his own behest. That must never happen.
There is something personal that I should mention. If I am alive today, it is thanks in large part to the remarkable work of the medical profession. I pay tribute to all those who work in it, most particularly in the NHS. My father was a GP all his working life and was devoted to the founding principles of the NHS. My eldest son has volunteered for years with St John Ambulance, and he gives me graphic and often disturbing accounts of what life is like on the medical front line. The emergency intensive care and trauma teams at Nottingham’s Queen’s Medical Centre defied the odds when they saved my life after my near-fatal car crash three years ago. I am eternally grateful to them, together with the wonderful rehabilitation team in London, who got me back on my feet.
I am gravely concerned at reports of insufficient numbers of staff and hospital beds, plummeting staff morale, crumbling buildings and other problems which beset the NHS. The Government owe it to the country to do whatever is necessary for the health of the nation, and the time for taking urgent action on this matter is now.
Baroness Taylor of Stevenage (Lab)
My Lords, it is a great honour and privilege to follow a characteristically eloquent speech from my noble friend Lord Davies of Stamford. After so many years’ service in both Houses since 1987, we owe him a great debt of thanks for the work he has done for the people of this country and for our country. It is my great sadness that I have known him for only such a short time. I was appointed as his Whip just a few months ago. It is a great regret that we have not been able to get to know each other better during that time but, as my noble friend sets off on what I hope will be a long and peaceful retirement, I hope we can keep in touch. I thank him greatly for all the things he has done during his time serving the people of the country.
Earl Howe (Con)
My Lords, I listened with much regret and enormous respect to the valedictory speech of the noble Lord, Lord Davies of Stamford. He served as Member of Parliament for Grantham and Stamford for 23 years—for the vast bulk of that time on behalf of the Conservative Party. It did not take long for him to make his mark in the other place, as was evidenced by the Guardian naming him parliamentarian of the year in 1996. The BBC named him Back-Bencher of the year in the same year.
The noble Lord served in the shadow Cabinet in the early years of the last Labour Government and demonstrated there his very considerable political and personal abilities. I remember how shocked and saddened his Conservative colleagues were at his decision to leave our ranks, but then how proud we were on his behalf and that of his family that his manifest abilities were recognised by his appointment in the Labour Government as Parliamentary Under-Secretary of State for Defence Equipment, a position he held for two years and one which I know he greatly enjoyed.
In your Lordships’ House, the noble Lord has been a doughty and persuasive debater, an assiduous support to his party and a most congenial parliamentary colleague. We wish him well in his retirement.
Lord Shipley (LD)
My Lords, my name appears on Amendment 62 in this group. I am grateful to the noble Baroness, Lady Taylor of Stevenage, for referring to the debate I moved a few weeks ago on the importance of local government and of renewing it, reviving it and devolving more to it.
The problem is that the Government think that they are doing devolution within England, but they are not; they are effectively replacing with combined authorities, combined counties and mayoral combined authorities all the different forms we had of devolution, such as the regional development agency structure that we had until some 11 years ago. We have seen the problems caused by the fact that no comparable structure exists. The combined authorities are effectively doing spatial planning, strategic housing policy and strategic transport policy, but what we have not got is devolution to local government. The amendment moved by the noble Baroness, Lady Taylor of Stevenage, is terribly important; I could add to the list in subsection (2) of the proposed new clause—we could all do that.
Subsection (3) of the proposed new clause really matters. It states:
“The Bill must also include provisions for a new framework of cooperation between local authorities and the Government based on mutual respect”.
I think that is really important. What we have at the moment is an attempt by the Government to run England out of Whitehall, and it simply cannot be done with 56 million people in England; it must be done through devolved structures.
So far, with the replacement of the regional development agency structure, in practice what we have is now a hub-and-spoke model in which schools are effectively being run through a regional structure and, more and more in Whitehall, one can see structures being created which are its attempt to manage the delivery of services across England. Whitehall is undertaking the management of services—as opposed to the policy which underpins those services, which is the role of Whitehall in the main—when it should not be managing the delivery of the service.
That met a major problem with Test and Trace. You simply cannot operate something as big and fundamental as that centrally out of one of the Whitehall departments. I hope the Government will understand that this really matters. It is not just a question of fair funding, money or, indeed, powers in some areas but about a fundamental reset of the relationship between central and local government across England.
If there were to be a change of government, I really hope that I would hear from the Opposition Front Bench that they would keep to the commitments that they have prioritised, that the new Government would do the same thing by producing a devolution Bill within 120 days of being elected, and that that would
“include provisions for a new framework of cooperation between local authorities and the Government based on mutual respect”.
We are here having a preliminary debate about what might happen over the next two or three years, but I sincerely hope that the Government understand the seriousness of this situation. With all the funding problems there are now, I do not think the situation can last that much longer.
Earl Howe (Con)
My Lords, Amendment 62 from the noble Baroness, Lady Taylor of Stevenage, seeks to place a requirement on the Minister of the Crown to publish a draft devolution Bill within 120 days of this Bill gaining Royal Assent. I understand and agree with noble Baroness’s desire to ensure that local authorities can request powers from central government. However, this is already possible for any principal council under our existing devolution legislation. Any such council could ask for functions to be conferred on it, and the Cities and Local Government Devolution Act 2016 provides that public authority functions can be conferred on local authorities by statutory instrument where the statutory requirements are met. These include consent from the local authority and approval from Parliament.
The devolution framework in the levelling up White Paper sets out our policy offer. It provides a comprehensive menu of options for devolution within a functional economic area or whole-county geography, underpinned by four key principles. The options are multifarious, whether that is moving towards a London-style transport system to connect people to opportunity, improving local skills provision, or being able to act more flexibly or innovatively to respond to local need. There is not a one-size-fits-all approach to English devolution, and areas will want to choose the right model for them.
There is no need for this to be set out in a new Bill: these functions all already exist in primary legislation and, as I said, can be conferred on a local authority via secondary legislation under the 2016 Act. I hope that that is of some help to the noble Baroness and that she will not feel the need to move this amendment when it is reached.
Baroness Pinnock (LD)
My Lords, the two amendments in this group apparently have little in common, but they do. Their common feature is that they are all about fairness. Amendment 66 in the name of my noble friend Lord Shipley is about fair voting systems. I obviously support his remarks about the importance to our democracy of having an electoral process and system that is seen to be fair to the electorate. As he rightly said, anyone elected with a third of the vote does not have the support of the majority of the electorate in their area. Fairness in voting is very important.
Amendment 63 in the name of the noble Baroness, Lady Taylor of Stevenage, and introduced by the noble Baroness, Lady Hayman of Ullock, is about fair funding. If levelling up—the name of the Bill—means anything, one element must be fairness across the country. This means fairness in terms of our democracy and fairness in terms of the financial support given to communities across England.
One thing we know is that our communities across the country vary considerably in their levels of inequality. As I have said many times during the debate on this Bill, the levelling up White Paper is full of information about how some people in some parts of our country are at a huge disadvantage because of the inequalities that they suffer as compared with the rest of the country. We have listed these inequalities before: in health, in skills, in access to public transport, in crime levels in their areas and in the quality of the housing and green spaces available. There is a plethora of examples of where some communities and the people who live in them are at a serious disadvantage because of those inequalities. At the heart of that are the councils that serve them. If councils have inadequate funding to provide the level of services that respond to the level of need, those inequalities will persist and get wider.
This brings me back to fair funding. As the noble Baroness, Lady Hayman of Ullock, said, fair funding has been a promise of this Government—a pledge, even—for six years, and rightly so. The national audit companies that do the external audits for local authorities make regular reports about the state of the whole local government system and its financial well-being. I read those reports because they are important; they give you an independent look at the state of local government. They say clearly that a number of local authorities in England will soon not be able to fulfil even their basic statutory responsibilities because they have inadequate finance. As the external auditors say, that is not because there is profligacy in the way the councils are run; it is simply because they have inadequate funds to fulfil their responsibilities. This could be because the areas have high levels of need and deprivation to respond to but it could also mean that they have historically inadequate levels of funding; that is why fair funding is so important.
I understand why the Government have been reluctant to fulfil a fair funding review. Unless there is a bucketload of extra money for local government finance, which I doubt, it will require a re-spreading of the same amount of funding for local authorities. This means that there will be winners but there will also be losers. I guess that is why the Government have so far failed to tackle this thorny issue. I accept that it is not easy but it is essential.
The cause of this is partly the base level of council tax that each authority can raise. Band D is supposed to be the average across the country. However, in my authority, it is band A+, if you like. In the council area that I represent, 66% of the properties are in bands A and B. They cannot raise the same levels of funding from council tax that others can. It also means that people who are living in very modest properties are paying high levels of council tax. None of that is fair. I come back to fairness and levelling up because, if levelling up is to mean anything, it must mean—I say it again—more investment in the very areas that the Government’s White Paper identifies. Those are the same areas that are underfunded in terms of their core funding with which to deliver essential public services.
I support Amendment 63 and urge the Government to put something into practice—to do something. Even if it has to be phased in, there must be a better approach to the funding of local government than we have currently. I will put the same pressure on the Labour Front Bench that my noble friend did. If Labour gets into government, will it do fair funding? It is vital because, otherwise, a number of councils will no longer be able to sustain basic services.
Earl Howe (Con)
My Lords, as the noble Baroness, Lady Hayman, explained, this proposed new clause would require the Secretary of State to publish the fair funding review, which I take to mean the 2018 government consultation on fairer funding for local government, A Review of Relative Needs and Resources.
I hope to persuade the noble Baroness that publication of the review would not now serve any useful purpose. As I explained in Committee, the data on which the review was based are now historic. First, the review does not take into account the 2021 census and demographic data. Secondly, neither the data nor the consultation responses take any account of the events of the past five years, including, most significantly, the Covid-19 pandemic and the advent of high inflation. Both developments have profoundly changed our economic landscape. As the noble Baroness, Lady Taylor, has pointed out previously, using outdated information is a fundamental issue in today’s system. Publishing the response to the fair funding review at this point in time would not help us to fix this problem.
Baroness Taylor of Stevenage (Lab)
My Lords, I am very grateful to the noble Lord, Lord Northbrook, for bringing both these amendments forward. It enabled a lot of thoughtful discussion in Committee and again now on Report.
It is disappointing that there has not been adequate consultation on the particular BID and the programme that the noble Lord, Lord Northbrook, spoke about. I did some work in the Royal Borough of Kensington and Chelsea after the Grenfell disaster. The Grenfell disaster was literally the worst example of a council not listening to its residents. It had been told for many years of the concerns that residents had and had not listened to them. Of course, that has changed the way that many councils now listen to their residents—for example, through resident programmes. I had hoped that was the case there, but perhaps it is just this example where it is not. Let us be hopeful and optimistic that that is the case.
On these Benches we absolutely support the principle that residents should be engaged in key changes to their local areas, including business improvement districts. It is just as important that residents in an area are engaged as it is for the businesses participating in the zone concerned. We are in the process of a £1 billion town centre redevelopment in my area. Every step of the way, we have taken the trouble to consult extensively with residents. I look forward to hearing the Minister’s comments on how there may be some more specific consultation for BIDs and how the Government might further consider that.
In relation to the other amendment the noble Lord spoke to, in principle we fully support the full engagement of residents in decision-making, although we have some concerns about the financial implications of the proposals to compel the use of outside agencies. I think the noble Lord used the term third parties—that might be a different independent third party, and sometimes could be interpreted as outside agencies and consultants, which are notoriously expensive when they do this work on behalf of councils.
I draw attention to the report pulled together by the RSA and the Inclusive Growth Network called Transitions to Participatory Democracy: How to Grow Public Participation in Local Governance. It makes a number of recommendations on growing the engagement of local people so that you have a more sustained participation journey, rather than these out-of-the-blue consultations on planning and other things happening at decision-making points, in which people come to the table with a negative view right from the start. It is much better if people feel that they have more permanent engagement with their local authority.
The report recommends that these routes should be developed over time, strongly based on meeting people and local organisations where they are and not expecting them to engage on council territory. We need consultation to take place earlier in the process—so that people are engaged in the design of schemes or projects and they are not produced like a rabbit out of the hat for people to comment on—and never when decisions have already been taken. If you have already taken the decision, do not tell people that you are consulting on it because they will see through that straight away. That is really important.
This has been a very useful prompt to think these issues through. We look forward to hearing the Minister’s comments.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, Amendment 64 in the name of my noble friend Lord Northbrook concerns a review of business improvement districts. I have listened very carefully to this debate and the debate in Committee. We want BIDs to work with and alongside residents and members of the local community. It is important that the projects and activities that a BID delivers benefit the local area and encourage more people to visit, live and work there. Residents and members of the community are not prohibited in legislation, as I said in Committee, from being consulted on a new BID proposal. I know many BIDs that include many stakeholders, including the communities they serve. There is nothing to stop a local authority doing that.
It is clear that we need to explore how BIDs can work better with residents and communities, but I do not believe that legislating for a review in this Bill is the right approach. I therefore ask my noble friend to withdraw this amendment, but with my reassurance that I will take this away and consider the proposition of a government review of the BID arrangements. I would welcome further conversations with interested noble Lords to take this forward.
On Amendment 65, there is a statutory framework, and clear rules for consultation already exist in some areas, such as planning. There is also a statutory publicity code which is clear that all local authority communications must be objective and even-handed. There is support and guidance for local authorities on how they should do this. As I said, councils also carry out non-statutory consultations to allow residents to shape local decisions and plans.
I absolutely agree with the noble Baroness, Lady Taylor of Stevenage, that this should not be a one-off; it works much better when local authorities have a good ongoing relationship and conversation with their communities. It is then much easier to deal with issues such as those my noble friend Lord Northbrook raised in Kensington and Chelsea, because it is a continuation of an ongoing conversation. I encourage all local authorities to look at how they can do that better. Greater involvement for local people can be only a good thing. We do not think it is for the Government to tell councils how to do it. Most councils know how to do it; they know what works best in their area and get on with it.
I agree with the noble Baronesses opposite that the concern over the requirement for all consultations to be carried out by third parties is that it would impose additional costs on local authorities and may encourage less consultation and engagement rather than more because they just cannot afford it. I therefore hope my noble friend will agree not to press his amendment.
Lord Northbrook (Con)
My Lords, I am most grateful to all noble Lords who participated in debates on these amendments. I particularly appreciated the offer of the noble Baroness, Lady Scott of Bybrook, to look at the way bids work to ensure better relationships with residents.
On Amendment 65, I appreciated the noble Baroness, Lady Taylor of Stevenage, talking about the costs of outside consultants. I was hoping that
“having the consultation materials and process submitted in draft to the main stakeholders for their review and comment in advance of the consultation”
would cover that point.
In the meantime, having thanked all noble Lords, I wish to withdraw my amendment.
Tuesday 18th July 2023
(1 year, 5 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 142-IV Fourth marshalled list for Report - (18 Jul 2023)
16:06 - Division on Amendment 67 - Ayes: 195 / Noes: 216 - Amendment 67 disagreed.
17:33 - Division on Amendment 68 - Ayes: 185 / Noes: 221 - Amendment 68 disagreed.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Randerson (LD)
My Lords, I wish to state our strong support on these Benches for this amendment; indeed, had I been confident in advance that I was going to be able to be here to speak this afternoon, I would have added my name to it.
In 2017, I put down a similar amendment to what was then the Bus Services Bill. The similar issue was one that we raised from these Benches in Committee. This levelling up Bill gives us an opportunity to halt and reverse the decline in bus services outside London, which has been evidenced since the so-called deregulation of bus services in the 1980s. I will not repeat the points made by noble Baronesses, but it is clear to us all that urgent and radical action is needed to stem the crisis.
The problem in 2017 with the Bus Services Act was that the Government could not bring themselves to concede that deregulation had played a key role in the decline of bus services. The Act allowed franchising and other forms of additional control for local authorities but only for larger authorities; it did not trust smaller authorities to do this. With support, there is no reason why they should not be able to do this. Further, the Act did not allow local authorities to set up their own bus companies, which is totally contrary to the evidence. Some of the very best bus companies in Britain are those heritage bus companies that are still owned and run by local authorities.
Let me give one example of the sort of thing that might happen if local authorities had this power. If a local authority of modest size finds that its local commercial company is going to cut the vital bus services that enable links between the town centre and the local further education college, it might set up its own bus company specifically to enable young people going to that college, as well as shoppers going into the next town, to use those services—it does not always have to be on an enormous scale. Who understands better than the local council what will work in local neighbourhoods? The local council is the organisation that understands local traffic patterns, the best routes, where to find most people with no access to a car and so on. If we truly want to level up, we have to improve bus services, which are disproportionately used by the oldest, the youngest and the poorest in our society, in order to enable them to access work, education, health and other vital social services. I support the amendment.
Earl Howe (Con)
My Lords, I am grateful to the noble Baroness, Lady Taylor, for introducing her amendment. I am happy to say that the sentiment behind it is one with which we agree. What is more, the kind of powers that the noble Baroness is seeking already exist.
All local authorities are required to improve their local bus services through the delivery of a bus service improvement plan, BSIP, to qualify for government funding. Local authorities must decide whether to deliver improvements on the ground via a statutory enhanced partnership with their local bus operators or to pursue a franchising assessment that would allow them to operate their buses through local service contracts, in the same way that Transport for London operates buses in the capital. The Transport Act 2000, brought in by the last Labour Government, provides automatic access to franchising powers for all mayoral combined authorities in England.
Lord Bradshaw (LD)
My Lords, does the Minister agree that one of the major problems with the bus industry is the lack of adequate reimbursement of concessionary fares? The burden of reimbursement has fallen on local authorities, which have virtually no money. This is a very important point, and it undermines the viability of the bus industry.
Earl Howe (Con)
My Lords, I am grateful to the noble Lord, but I think several factors have impacted on the use of buses and the ability of local authorities to run satisfactory services. I shall certainly ensure that the point he has made is registered in the Department for Transport, and I am grateful to him.
Baroness Taylor of Stevenage (Lab)
My Lords, I am grateful to noble Lords who have taken part in this debate and thank the noble Baroness, Lady Bennett, for co-signing the amendment. She referred to the link between bus services and people’s economic activity, and the noble Baroness, Lady Randerson, referred to the link with education and skills training; both are very important points. I am grateful to the noble Baroness, Lady Randerson, for her support in this. She also said that the Bill gives us the opportunity to reverse the decline in bus services, and I genuinely believe that this is the quickest way to go forward with that.
It requires a deal of trust between the Government and local authorities, and on many occasions in the debates on the Bill we have had evidence to suggest that we need to demonstrate the new relationship needed between the Government and local government before we can go forward and make real progress on devolution. To me, good public transport is axiomatic with levelling up. We have to have it to make levelling up work at all.
I am grateful to the noble Earl, Lord Howe, for his usual thorough reply, but there is clearly a disconnect between what powers the Government think they have given to local government and what local government is experiencing. The councillor I referred to was the transport portfolio holder for Hertfordshire County Council. He clearly does not think it has the powers to deal with transport in the way that he would want to. Something is clearly not right somewhere with all this. I understand the points about BSIPs and statutory enhanced partnerships, but it seems that the powers are conditional on approval from the Government, and we would like a relationship of trust in which these powers are given to any council transport authority that wishes to have them.
The noble Lord mentioned the important issue of fares. Funding comes into this, of course. The cuts to rural services bus grants, for example, make the provision of bus services in those areas very difficult.
For all those reasons, I am not convinced that we have a clear link to local authorities setting up their own bus companies or franchising services themselves, so I would like to test the opinion of the House.
Baroness Taylor of Stevenage (Lab)
My Lords, I hoped we were hearing the voice of future generations up in the Gallery when the noble Baroness, Lady Pinnock, was speaking. Perhaps they were reminding us to think about affordable housing. The noble Lord, Lord Lansley, said that affordable housing was at the heart of some of this debate, and that is certainly the view of our Benches.
The noble Baroness, Lady Pinnock, set out the issues relating to the infrastructure levy that are causing such great concern across the sector. As she mentioned, this has resulted in an unprecedented step in my time in local government, with over 30 key organisations writing jointly to the Secretary of State to set out their concerns. They are united in saying that the introduction of the infrastructure levy could
“make it harder, not easier, for local leaders and communities to secure the benefits of new development”.
They point to the developer contributions that are being generated by the community infrastructure levy and Section 106 systems, which generated £7 billion in 2018-19 to support housing, infrastructure and services. I share their concerns that this new levy has the potential to reduce this amount.
I take the point made by the noble Lord, Lord Lansley, about the discussions that we have already had in Committee, but these views have been expressed by powerful bodies in our sector. His points about the design of the system are well made, but that should have been considered before the Bill came to the House. Points from the noble Lord, Lord Young, about trying to operate this discussion on a key part of the Bill in a vacuum are also well made.
The main concern of the organisations that wrote to the Secretary of State is the potential for this reform to
“leave communities with fewer new social and affordable homes, mixed and balanced developments and less of the infrastructure they need”.
They fear that the “upheaval” of introducing a new system would build delays and uncertainty into the planning system at a time when there is an urgent need to deliver affordable housing quickly, and that CIL and Section 106 would
“not be improved by these reforms”
and would need to be managed alongside the new levy. They welcome the principle of allowing authorities to borrow against developer contributions, but point out that the financial risk of doing so, when the final assessed amounts are “uncertain”, would probably be too great for local government finance officers.
In addition to the risks flagged by these key representatives of the sector, it is not yet clear what impact the infrastructure levy will have on permitted development. At present, developers engaging in permitted development make little, if any, contribution to infra- structure, in particular to affordable housing. This anomaly also needs to be resolved in any new infrastructure levy system.
I am grateful to many of the organisations that signed that letter which have also been kind enough to send us briefing material, and to the office of the Mayor of London, which has provided us with very strong evidence about the potential detrimental impact this would have on building more affordable housing in London. Its figures suggest that, had the levy been in place over the last five years, it would have resulted in between 4,500 and 10,000 fewer affordable homes, and could have made up to 30,000 homes of all tenures unviable.
We completely understand the need to ensure that developments provide the infrastructure to support them, but this proposed new levy adds layers of complexity, because it is being grafted on to an already complex system. The money that developers will have to pay to support transport, schools, health centres, open and play space, and, critically, affordable housing will be calculated once a project is complete instead of at the planning stage, as it is currently. This has resulted in concerns that the funding will be delayed or, potentially, lost altogether. The charging system will be complex and labour-intensive, putting further pressures on the local authority planning departments that we know are already at breaking point.
The reply to the organisations that wrote to the Secretary of State from the Minister responsible, Rachel Maclean, said that she would be looking at the issues they raised in detail and would be organising a round table very shortly. I believe that round table may have taken place in very recent days. However, as the sector has been raising these concerns since the infrastructure levy was first mooted, it is a shame the round table did not take place many months ago.
We accept that the Government have made some concessions on the infrastructure levy clauses, but they do not meet the basic challenge of explaining to the sector just how this new proposal will deliver more resources more effectively than the current system. For that reason, if the noble Baroness, Lady Pinnock, wishes to test the opinion of the House on her amendment, she will have our support. We understand that Amendment 90 is consequential to Amendment 68.
Turning to other amendments in this group, we hope the Government recognise the importance of the infrastructure levy supporting the delivery of the levelling- up missions. Our concern all through the passage of the Bill has been what mechanisms there are to link the missions to planning, funding and the infrastructure levy. My Amendment 69 to Schedule 12 is intended to address this, as well as ensuring that there is a commitment to the infrastructure levy being shared between tiers of local government in non-unitary areas.
My Amendment 70A wound enshrine in the Bill that the application of the infrastructure levy is optional. I am very grateful, as others have said, to the Minister for the many discussions we have had in relation to the Bill, in particular this part of it. I believe, and hope she will confirm, that it is the Government’s intention that infrastructure levies should be optional, and that government Amendment 82 enshrines this in the Bill.
Amendment 71, in the name of the noble Lords, Lord Best and Lord Young, and my Amendment 71A have similar intentions of ensuring that the level of affordable housing funded by developers in the local authority area will meet the needs of that area as set out in the local development plan. I referred to the critical links that need to be built between planning and the infrastructure levy earlier on. When it comes to affordable housing, this is absolutely essential. We recognise the very significant concessions the Government have made on affordable housing, so, rather than pushing Amendment 71A to a vote, perhaps we can have further discussions before the planning and housing sections of the Bill to build that link between the provision of affordable housing through the infrastructure levy and the local plan.
The noble Lord, Lord Stunell, gave clear evidence of the principle behind the current definition of affordable housing. We agree that the current definition is wholly deficient, as much of the housing included in it is absolutely not affordable to many of those in desperate need of housing. We feel that the Government should take an inclusive approach to developing a new definition by working with the sector and housing charities to reach an agreed, appropriate definition of affordable housing. We would support the proposal in the amendment from the noble Lord, Lord Stunell, that a link with the median income in the relevant local planning area would be a good starting point for this definition.
As mentioned by the noble Lord, Lord Best, we are very grateful to the Minister for tightening up the wording she introduces in Amendments 72, 73 and 75 to ensure that developers must now “seek to ensure” the affordable housing funding level is maintained. We are also grateful for her clarification in Amendment 74 that funding of affordable housing is to be provided in the charging authority’s area and, in Amendment 79, that charging authorities can require on-site provision of affordable housing through the infrastructure levy. We believe this change will encourage the development of mixed housing and hopefully mixed tenure communities, which have proved over time to be far more sustainable and successful.
We are also pleased to see government Amendment 80, which requires a report to be laid before Parliament on the impact that the infrastructure levy is having on the provision of affordable housing. It perhaps does not go as far as our Amendment 81, which would have made provision for a new levy to be introduced where IL was shown not to be successful, but we recognise that the Minister has listened to our concerns and we hope that placing a report before Parliament on the success, or otherwise, of IL will encourage further thinking if it is shown not to be delivering.
We have some concerns, which we have shared with the Minister, in relation to Amendment 76 on the thorny issue of viability. Our concern is that this clause, which allows the infrastructure levy to be disapplied where the charging authority considers the application of the levy, including its provision for affordable housing, would make the development unviable. The process of negotiation on infrastructure contributions between local planning authorities and developers can be very long and complex, especially when major developments are involved. We would not want to see any further pressure being put on local authorities in that negotiation process by having this clause dangled in front of them as an incentive for developers to proceed. It has been hard enough in the existing system to resist the weight of financial and legal expertise that the developers have put into these discussions, as mentioned by the noble Lords, Lord Best and Lord Young. We do not want to give them another weapon in their armoury—we do not think that is necessary.
I am grateful to the noble Lord, Lord Young, for setting out the potentially devastating impact the viability get-out clause can have on affordable housing. The noble Earl, Lord Lytton, referred to the inclusion of contingencies in that viability calculation. When you start to pick apart that contingency—I have done it—it is very interesting to see what sits underneath it, which is often some very wild assumptions in my experience. I am sure that that is not always the case, but it can be.
The noble Lord, Lord Lansley, is right to flag up in his Amendment 77 the question of the relationship between Section 106 contributions, which have been most effective in securing affordable housing through planning contributions, and the infrastructure levy. Lastly, we welcome the amendments in the name of the noble Lord, Lord Lansley, which would require a response to the technical consultation on the infrastructure levy before it comes into force.
In summary, we feel that an opportunity has been missed by introducing IL to be grafted on to an already complex system instead of using this Bill for a new, simplified and comprehensive approach to the provision of infrastructure developed with and for the sector, and with an implementation plan to smooth the transition so that it would not disrupt local authorities from the urgent work of solving the housing crisis. However, I once again thank the Minister for the amount of her time she has given to meet noble Lords on this subject and for the amendments that have subsequently come forward. It is the best of this House that the expertise we have here is used to improve legislation, and I am sure today’s debates are a good example of that.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, Amendments 68 and 90, tabled by the noble Baroness, Lady Pinnock, seek to remove the provisions in the Bill which provide the imposition of the new infrastructure levy in England. I regret that these amendments have been proposed, but I recognise the need for serious and open debate on this subject.
We covered the shortcomings of the existing system of developer contributions at length in Committee. There is a clear case for reform. Since 2010, average new-build house prices have risen by more than £250,000, and land prices have also risen substantially. This increase in value must be captured within the levy system, allowing for more local benefit, but we recognise the need to get these significant reforms right. That is why I can commit to the House today that the Government will undertake a further consultation on fundamental design choices before developing infrastructure levy regulations. Through further consultation and engagement, and the test-and-learn approach, which we discussed in detail in Committee, we will seek to ensure that the levy achieves its aims and that it is implemented carefully. I hope the noble Baroness, Lady Pinnock, will feel able to withdraw Amendment 68 and will not press Amendment 90.
My noble friend Lord Lansley has tabled Amendments 311 and 312, which seek to prevent the introduction of the infrastructure levy until the Government have published proposals for its implementation. I know that my noble friend has formally responded to the recently concluded technical consultation, which we are carefully reviewing. I can confirm that we will not commence the levy provisions in Part 4 until we have responded to that further round of consultation. The regulations themselves will be consulted on in future as well. I hope my noble friend Lord Lansley is therefore content not to press his Amendments 311 and 312. I assure him that he is correct: there is scope in the Bill for us to vary the approach set out in the technical consultation, and I reiterate that, if we do that, we will be consulting further.
Lord Lansley (Con)
I apologise for interrupting my noble friend but, among the powers that have been taken, is she anticipating that the design choices yet to be made will include whether local authorities may set their charging schedule by reference to gross development value or, in certain circumstances, may choose to use floorspace charging, as they do under CIL at present?
Baroness Scott of Bybrook (Con)
My noble friend is absolutely right: these will come out as we go through the consultation and further design stages.
Government Amendment 93 is consequential on legislation which is already on the statute book; namely, the Judicial Review and Courts Act 2022. It brings the enforcement provisions relating to the community infrastructure levy in line with the enforcement provisions relating to the new levy, which in turn reflect the provisions in the 2022 Act, creating a consistent, coherent cross-government policy on sentencing law.
We believe that we have a strong case for proceeding with the new infrastructure levy and have built in safeguards to ensure that development can progress with vital mitigations in place. We recognise that introducing the infrastructure levy is a significant change to the existing system. That is why we propose to introduce the levy via a test and learn approach. If the levy is found to have negative impacts in the context of one particular local authority, the Secretary of State will have the flexibility to disapply the levy in that authority for a specified time period.
In any system of developer contributions there are trade-offs between seeking simplicity and at the same time enabling individual site circumstances to be catered for. These are tricky balances to strike, and if our initial policy design leans too far in one direction or another, it may impact on the pace at which development can come forward. It is likely that revisions will be required of the initial levy regulations, as occurred with the community infrastructure levy, as the system beds in. While we do not expect these to be substantial, it will give local authorities confidence that the system will be flexible and able to be adjusted to experience on the ground. We do not expect the power to disapply the levy to be used often—if at all. However, it is a sensible, inbuilt precautionary power to cater for all circumstances.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment, taken together with the amendments to Schedule 12 in the Minister’s name at lines 34 and 38 on page 410, change the duty in subsection (2) of new section 204G of the Planning Act 2008 from one of having regard to the desirability of ensuring that the level of affordable housing funding provided by developers is maintained to one of having to seek to ensure that level can be maintained.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment is consequential on the amendment in the Minister’s name to Schedule 12 at line 9 of page 431.
Baroness Scott of Bybrook
“204YA Parliamentary scrutiny: affordable housing(1) The Secretary of State must prepare a report which—(a) provides information, in relation to each charging authority which charges IL in respect of development in its area, about the amount of affordable housing provision that has been funded by IL charged by that authority, (b) assesses whether the charging of IL has resulted in more or less affordable housing being available in areas in respect of which IL is charged than would otherwise be the case, and(c) sets out such other information as the Secretary of State considers appropriate in connection with the effect of IL on the provision, improvement, replacement, operation or maintenance of affordable housing or other infrastructure.(2) The Secretary of State must lay the report before each House of Parliament before the end of the period of 5 years beginning with the date on which the first charging schedule takes effect under this Part.(3) The Secretary of State must publish the report as soon as is reasonably practicable after it has been laid before each House of Parliament.”Member's explanatory statement
This amendment places a duty on the Secretary of State to prepare a report relating to the effect of infrastructure levy on the funding and provision of affordable housing (and certain other matters), lay that report before Parliament and publish it.
Baroness Scott of Bybrook
“(ba) may disapply any provision made by or under this Part in relation to an area, or a charging authority, specified or described in the regulations,”Member's explanatory statement
This amendment enables new Part 10A of the Planning Act 2008, and any regulations made under it, to be disapplied in relation to an area or charging authority, so that infrastructure levy does not have to be charged in that area or (as the case may be) by that authority.
Earl Howe
“ScheduleRegulations under Chapter 1 of Part 3 or Part 6: restrictions on devolved authoritiesNo power to make provision outside devolved competence
1 (1) No provision may be made by a devolved authority acting alone in regulations under Chapter 1 of Part 3 or Part 6 unless the provision is within the devolved competence of the devolved authority.(2) See paragraphs 5 to 7 for the meaning of “devolved competence”.Requirement for consent where it would otherwise be required
2 (1) The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers acting alone in regulations under Chapter 1 of Part 3 or Part 6 so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown.(2) The consent of the Secretary of State is required before any provision is made by a Northern Ireland department acting alone in regulations under Chapter 1 of Part 3 or Part 6 so far as that provision would, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.(3) Sub-paragraph (1) or (2) does not apply if—(a) the provision could be contained in subordinate legislation made otherwise than under this Act by the Welsh Ministers acting alone or (as the case may be) a Northern Ireland devolved authority acting alone, and(b) no such consent would be required in that case.(4) The consent of a Minister of the Crown is required before any provision is made by a devolved authority acting alone in regulations under Chapter 1 of Part 3 or Part 6 so far as that provision, if contained in—(a) subordinate legislation made otherwise than under this Act by the devolved authority, or(b) subordinate legislation not falling within paragraph (a) and made otherwise than under this Act by a Northern Ireland devolved authority acting alone,would require the consent of a Minister of the Crown.(5) Sub-paragraph (4) does not apply if—(a) the provision could be contained in—(i) an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly, or (ii) different subordinate legislation of the kind mentioned in sub-paragraph (4)(a) or (b) and of a devolved authority acting alone or (as the case may be) other person acting alone, and(b) no such consent would be required in that case.Requirement for joint exercise where it would otherwise be required
3 (1) No regulations may be made under Chapter 1 of Part 3 or Part 6 by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Secretary of State.(2) No regulations may be made under Chapter 1 of Part 3 or Part 6 by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Secretary of State.(3) No regulations may be made under Chapter 1 of Part 3 or Part 6 by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—(a) a Northern Ireland department acting jointly with a Minister of the Crown, or(b) another Northern Ireland devolved authority acting jointly with a Minister of the Crown,unless the regulations are, to that extent, made jointly with the Secretary of State.(4) Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—(a) an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly without the need for the consent of a Minister of the Crown, or(b) different subordinate legislation made otherwise than under this Act by—(i) the Scottish Ministers acting alone,(ii) the Welsh Ministers acting alone, or(iii) (as the case may be), a Northern Ireland devolved authority acting alone.Requirement for consultation where it would otherwise be required
4 (1) No regulations may be made under Chapter 1 of Part 3 or Part 6 by the Welsh Ministers acting alone, so far as they contain provision which, if contained in an Act of Senedd Cymru, would require consultation with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.(2) No regulations may be made under Chapter 1 of Part 3 or Part 6 by the Scottish Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.(3) No regulations may be made under Chapter 1 of Part 3 or Part 6 by the Welsh Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.(4) No regulations may be made under Chapter 1 of Part 3 or Part 6 by a Northern Ireland department acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by a Northern Ireland department after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.(5) Sub-paragraph (2), (3) or (4) does not apply if—(a) the provision could be contained in an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly, and(b) there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.(6) Sub-paragraph (2), (3) or (4) does not apply if—(a) the provision could be contained in different subordinate legislation made otherwise than under this Act by—(i) the Scottish Ministers acting alone,(ii) the Welsh Ministers acting alone, or(iii) (as the case may be), a Northern Ireland devolved authority acting alone, and(b) there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.Meaning of devolved competence
5 A provision is within the devolved competence of the Scottish Ministers if—(a) it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, or(b) it is provision which could be made in other subordinate legislation by the Scottish Ministers.6 A provision is within the devolved competence of the Welsh Ministers if—(a) it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown), or(b) it is provision which could be made in other subordinate legislation by the Welsh Ministers.7 A provision is within the devolved competence of a Northern Ireland department if—(a) the provision—(i) would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and(ii) would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State,(b) the provision—(i) amends or repeals Northern Ireland legislation, and(ii) would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and would, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State, or (c) the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority.Interpretation
8 In this Schedule—“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;“Northern Ireland devolved authority” means the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department;“subordinate legislation” has the meaning given in section 20(1) of the European Union (Withdrawal) Act 2018.”Member's explanatory statement
This amendment inserts a new Schedule (Regulations under Chapter 1 of Part 3 or Part 6: restrictions on devolved authorities) which contains various provision about the restrictions on devolved authorities when making regulations under Chapter 1 of Part 3 or Part 6.
Earl Howe (Con)
My Lords, I shall speak also to the many other government amendments in this group. Let me start by expressing my thanks to noble Lords who have debated and laid amendments relating to devolved matters. The government amendments in this group reflect the discussions with the devolved Administrations in respect of this part of the Bill and speak to the substance of the other amendments that have been laid on this topic.
The Government’s amendments provide the devolved Administrations with concurrent powers to replace strategic environmental assessments and environmental impact assessments with environmental outcomes reports in devolved areas, and make corresponding amendments to Part 3 in respect of planning data associated with environmental outcomes reports.
In providing concurrent powers across the four nations, the Bill would allow each Administration to tailor environmental assessment to their needs, while retaining the ability to manage interaction and interoperability going forward. The amendments do not introduce a requirement for devolved Administrations to bring forward environmental outcomes reports, but they would see to it that each Administration has the necessary powers to ensure the existing system can continue to function as regimes reform over time.
In light of the growing need for collaboration across the four Administrations on pressing matters like climate change and energy security, and to ensure that the UK remains an attractive place to invest and deliver major infrastructure projects, the UK Government feel that there are significant benefits to maintaining an effective framework of powers across the UK. The current clauses contain a limited power for the UK Government to legislate in areas of devolved competence where the devolved Administrations of Scotland, Wales and Northern Ireland have been consulted. We have been clear since introduction that this was a placeholder clause to reduce the risk of a harmful legislative gap while negotiations with the devolved Administrations were under way. Therefore, these amendments also amend the powers in Part 6 to ensure that the Secretary of State will need the consent of Wales and Northern Ireland where EOR regulations affect matters of their devolved legislative competence.
At this stage, following discussions with the Scottish Government, the provisions for Scotland do not include this same consent mechanism for matters relating to devolved legislative competence, and the UK Government retain the ability to legislate in areas of devolved competence for Scotland, subject to a duty to consult. It is absolutely vital for the UK Government to preserve, in limited circumstances, the ability to legislate UK-wide to ensure assessments can continue to work across our different regimes. Unfortunately, the Scottish Government currently do not wish to support the necessary legislative framework for this to function. We are continuing to engage with the Scottish Government and stand ready to bring forward further amendments once these discussions have run their course.
As is currently the case, the Government would only ever legislate in areas of devolved competence where absolutely necessary, and only after careful consideration and consultation with the Scottish Government. I therefore hope the House will support these amendments and beg to move Amendment 91 in my name.
Baroness Ritchie of Downpatrick (Lab)
My Lords, I rise to speak in favour of Amendments 111, 115, 120 and 121, in my name, which relate directly to devolved competence. I thank the Minister and his ministerial colleague, the noble Baroness, Lady Scott, for their very helpful meeting last week. Obviously, as I indicated to them, I still have residual concerns, particularly in relation to Northern Ireland, about which I will ask a couple of questions at the conclusion.
As the Minister said, Clause 148 requires the UK Government to consult with Ministers of devolved Administrations should EOR regulations fall within their competence. This is a weak requirement which could lead to EOR regulations being imposed on devolved nations without the consent of their Administrations. This provides a further risk of environmental regression, should EOR regulations impose weaker requirements than those put in place by the devolved Governments.
The wording of Clause 148 is particularly problematic for Northern Ireland as it requires the Secretary of State only to consult with a Northern Ireland department, potentially bypassing elected representatives in Northern Ireland. As a former Minister in the Northern Ireland Executive, I fully recognise and acknowledge that this requirement to vest powers in a department rather than a Minister goes back to 1921, when the original Northern Ireland Parliament was established. I will be asking that both the Minister and his ministerial colleagues have immediate and ongoing discussions with the Secretary of State for Northern Ireland and his Ministers to see if they can find an all-encompassing way of addressing that and ensuring that power is restored to Ministers, even though we do not have a devolved Administration at the moment. That is not the fault of this provision, but I do recall that this was problematic when we were Ministers in the Executive, because it is unlike what happens in other Administrations.
As the Minister has said, in Committee on 18 May the Minister stated that the UK Government were having discussions with the devolved Governments. I think the Minister has already underlined today how these powers should operate. These discussions and the continued concern expressed by parliamentarians should lead to a swift amendment of the Bill to uphold devolved competencies and prevent environmental regressions. Amendments 111, 115 and 120 in my name would achieve this by requiring Ministers to secure the consent of a devolved Administration before setting those EOR regulations within the competence of that Administration, rather than merely consult it. Amendment 121 would also require consent for EOR regulations to be given by Ministers of the Northern Ireland Executive, rather than by a Northern Ireland department, providing a closer link between elected representatives in Northern Ireland and the regulations.
I recognise that the Government have tabled a series of amendments to respond to the concerns raised in Committee and by the amendments I have tabled, but the government amendments do not go far enough. No concession, for example, has been made on Scotland. I realise from the supplementary document we received today from officials that Wales seems to be relatively content, but there are still problems in relation to Northern Ireland. I repeat: what happens in the case of Northern Ireland, where we do not have a devolved Government and Assembly in place? Who do those consultations take place with, and who is the decision-maker in that instance? On the wider power vested in a Northern Ireland department, rather than a Minister, will the Minister undertake to look at this with the Secretary of State for Northern Ireland and to address the anomaly presented by the legislation back in 1921 to ensure that is corrected, and to vest power in Ministers?
In conclusion, I honestly believe that the Government should resolve the inconsistencies created by this suite of government amendments and fully adopt the approach proposed in my amendments. It constitutes a similar approach to all the devolved settlements and the democratic choices made by the people of Scotland, Wales and Northern Ireland.
Baroness Hayman of Ullock (Lab)
My Lords, I want briefly to comment on the amendments in the name of my noble friend Lady Ritchie of Downpatrick. She talked about her concerns about Clause 148 and its weak requirement regarding the devolved nations. She particularly talked about the fact that it is problematic for Northern Ireland, and we note that there are concerns about the regression risk that this part of the Bill could bring. She also mentioned the fact that the Scottish Government have expressed their opposition to the Bill on those grounds. In Committee on 18 May, the noble Earl stated that the UK Government were having
“discussions with the devolved Governments on how these powers should operate”.—[Official Report, 18/5/23; col. 447.]
We believe that the amendments tabled by my noble friend help to resolve the concerns expressed by requiring Ministers to secure the consent of a devolved Administration before setting EOR regulations within the competence of that Administration, rather than simply consulting them. We very much support the amendments in the name of my noble friend.
It is worth pointing out that this means that there has still been no movement regarding Scotland, and it would be good to know that those discussions are still ongoing to try to make some progress.
A concern to mention briefly on the government amendments is around those that relate to the habitats regulations. The Bill allows for changes to the existing regulations with only a vague non-regression commitment in Clause 147. I just point out that this is why I have Amendment 106 in group 5, which creates a robust non-regression test, and that is one reason I tabled that—just to tie the two groups together, so that the noble Earl has some frame of reference on where we are coming from on that. Having said that, if he can provide further clarity on the issues raised by my noble friend, I am sure we will be very grateful.
Earl Howe (Con)
My Lords, I am, as ever, grateful to noble Lords who have spoken and, in particular, to the noble Baroness, Lady Ritchie, for the way in which she spoke to her amendments and for her experience in devolved matters generally. She will have heard that we consider that the Government’s amendments speak to the substance of her amendments and, in fact, go further in extending the powers to make EOR regulations for all of the devolved Administrations.
The Government consider it crucial that these powers are made available across the United Kingdom to allow for continued close co-operation and interoperability between environmental assessment regimes across the UK. Securing this ability to work together across the different jurisdictions reduces the risk of harmful divergence. This is particularly crucial for areas such as offshore wind, where minimising delay and cost is vital if we are to meet our environmental commitments and achieve energy security.
The noble Baroness, Lady Ritchie, spoke of these powers being imposed on devolved Administrations. The first point to make in that context is that there is no obligation or time limit under the powers for the devolved Administrations to use the powers that Part 6 would grant them. The powers would be exercisable at the discretion of the devolved Administrations if they chose to use them. However, these are powers that would allow devolved Administrations broad scope to implement their own new system of environmental assessment.
In addition, the model would mean that, where assessment is needed under both EOR and an existing EIA/SEA regime, whether in Scotland, England, Wales or Northern Ireland, the development or plan need satisfy only one of the regimes, avoiding the need for duplication. Without the ability to adopt EOR, the UK Government and the devolved Administrations would have no interoperability and gradually increasing divergence, and that could mean certain projects or plans requiring assessment under two separate regimes far into the future, which, as is obvious, could lead to a chilling effect on development of certain types and in certain locations, as well as cross-border plans. Devolved Administrations adopting these powers would not completely remove the risk of divergence, as the current powers model would allow devolved Administrations complete discretion on what their system of environmental assessment looks like, but it would retain the potential for continued alignment where this is considered beneficial.
The noble Baroness raised a number of points and questions about Northern Ireland, and I shall ensure that these are taken up at departmental level and that the department keeps in touch with her about the action being taken. I just pick up the issue she raised of the absence of an Executive in Northern Ireland. In the current situation, with the Assembly not sitting, Northern Ireland is clearly not in a position to provide legislative consent for the Bill, so in respect of Part 6, the UK Government propose to extend these powers to Northern Ireland on the same basis as that agreed with the Welsh Government. This is not a decision that the UK Government have taken lightly, but we believe it is the right approach in these circumstances, as it preserves the opportunity for reform for a future Executive in a way that preserves the unique situation on the island of Ireland.
Legislating in this way provides Northern Ireland with safeguards on the use of these powers that would ensure that the consent of relevant Northern Ireland departments was required if the UK Government wished to use the powers in Part 6 to legislate for matters within devolved legislative competence. Not extending the powers in this way would mean the loss of these safeguards, as well as the loss of the opportunity for the Northern Ireland Executive to benefit from these powers once the Executive have been restored.
I am conscious that the noble Baroness has sought to introduce amendments for each of the devolved Administrations. While the Government share the noble Baroness’s view that it would be best for each Administration to be placed on an even footing, at this stage the amendments provide the Scottish Government with concurrent powers, but on slightly different terms from those of Wales and Northern Ireland. However, we are continuing to engage with the Scottish Government on this issue and remain open to extending the same provisions to the Scottish Government to place each Administration on the same footing, should they agree to that. On the basis of discussions continuing, I hope that the noble Baroness will not feel the need to press her amendments.
Baroness Scott of Bybrook
“ScheduleExisting environmental assessment legislationPart 1United Kingdom and England and WalesUnited Kingdom and England and Wales
• Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders) so far as relating to environmental impact assessments;• Part 5A of the Highways Act 1980 (environmental impact assessments);• Sections 13A to 13D of the Transport and Works Act 1992 (environmental impact assessments);• The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 (S.I. 1999/360);• The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/1672);• The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 (S.I. 1999/1783);• The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 (S.I. 1999/2228);• The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (S.I. 1999/2892);• The Pipe-line Works (Environmental Impact Assessment) Regulations 2000 (S.I. 2000/1928);• The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 (S.I. 2003/164);• The Environmental Assessment of Plans and Programmes Regulations 2004 (S.I. 2004/1633);• The Transport and Works (Applications and Objections Procedure)(England and Wales) Rules 2006 (S.I. 2006/1466) so far as dealing with environmental matters; • The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 (S.I. 2006/2522);• The Marine Works (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1518);• The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571);• The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/572);• The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017 (S.I. 2017/580);• The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 (S.I. 2020/1497).Part 2ScotlandScotland
• Sections 20A to 22B and 55A to 55D of the Roads (Scotland) Act 1984 (environmental assessment of certain road construction and improvement projects);• The Public Gas Transporter Pipeline Works (Environmental Impact Assessment) (Scotland) Regulations 1999 (S.S.I. 1999/1672);• The Transport and Works (Scotland) Act 2007;• The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007;• The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/101);• The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102);• The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/113);• The Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/114);• The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/115).Part 3WalesWales
• The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004 (S.I. 2004/1656);• The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 (S.I. 2009/3342);• The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58);• The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017 (S.I. 2017/565);• The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567).Part 4Northern IrelandNorthern Ireland
• Part V of the Roads (Northern Ireland) Order 1993 (S.I. 1993/3160 (N.I. 15));• The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 (S.R. (N.I.) 1999/73);• The Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004 (S.R. (N.I.) 2004/280); • The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005 (S.R. (N.I.) 2005/32);• The Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006 (S.R. (N.I.) 2006/518);• The Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007 (S.R. (N.I.) 2007/421);• The Planning Act (Northern Ireland) 2011 (c. 25 (N.I.)).”Member's explanatory statement
This amendment inserts a new Schedule (Existing environmental assessment legislation) which lists existing environmental assessment legislation.
Baroness Scott of Bybrook
“Enforcement of Community Infrastructure Levy(1) In section 218 of the Planning Act 2008 (enforcement), for subsections (11) and (12) substitute—“(11) Regulations under this section creating a criminal offence may not provide for—(a) imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only,(b) imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or(c) imprisonment for a term exceeding 2 years, on conviction on indictment.(12) In subsection (11)(a), “the maximum term for summary offences” means—(a) in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;(b) in relation to an offence committed after that time, 51 weeks.””Member's explanatory statement
This amendment amends section 218 of the Planning Act 2008 to bring the enforcement provisions relating to the community infrastructure levy in line with the new enforcement provisions relating to the infrastructure levy (see new section 204S of the Planning Act 2008 inserted by Schedule 12 to the Bill). These provisions reflect changes to sentencing law.
Earl Howe
Member's explanatory statement
This amendment is consequential on the amendment in the Minister’s name to Clause 133 at line 18 on page 162.
Earl Howe (Con)
My Lords, in moving Amendment 95, I will speak also to Amendments 97, 287 and 293, which address recommendations in the report of your Lordships’ Delegated Powers and Regulatory Reform Committee on community land auctions—CLAs. I declare my interest as a landowner.
These procedural amendments will change the power of direction in Clause 133(1)(a), which allows the Secretary of State to direct that a local planning authority preparing a local plan may put in place a CLA arrangement. We are changing this, so that local planning authorities wishing to pilot a CLA arrangement should instead be designated by CLA regulations. These regulations will be subject to the negative resolution procedure to allow for an appropriate level of parliamentary scrutiny of the selection of local planning authorities to participate in community land auction arrangements. We agree with the argument put forward by the DPRRC that the negative resolution procedure is more appropriate than the affirmative, because it will not lead to the delay of the implementation of CLA arrangements.
The policy intent of these amendments is to allow for the appropriate level of parliamentary scrutiny over the selection of prospective piloting authorities. Any potential piloting authorities will need to actively volunteer to participate in CLA arrangements; they will not be forced to do so. These amendments remove any reference to a power for the DLUHC Secretary of State to direct in Part 5, and make associated changes to Clause 231 to ensure that the negative resolution procedure will apply to the new regulation-making power in Clause 133(1). I beg to move.
Lord Young of Cookham (Con)
My Lords, I will speak to Amendments 96 and 98 in my name and that of my noble friend Lord Lansley.
In answering a question last week, the Minister, my noble friend Lady Scott, said that the levelling-up Bill was a large one; she gave that as a reason for dropping the repeal of the Vagrancy Act. My amendment directly addresses that concern by deleting eight pages from the Bill: those introducing the untested concept of community land auctions, parachuted into the Bill at a late stage in the other place, hot from the bubbling vat of a think tank, without the normal process of cooling and maturing.
I say again how grateful I am to Ministers for their patience in discussions on CLAs and for the very comprehensive six-page letter received yesterday, addressing some of the concerns that I have spoken about.
One would have thought that a novel concept such as this one would have been subjected to some consultation before it appeared in the Bill: first, with those who have to operate it—namely, the planning authorities—and, secondly, with those who represent the landowners, who have expressed deep reservations about the proposal. So we were surprised to hear the Minister say, in winding up the debate in Committee:
“We will consult on community land auctions shortly”.—[Official Report, 18/5/23; col. 430.]
Over the weekend, I was reading the guidance issued in April last year for civil servants who are charged with developing policies such as this one. It says:
“Engaging with stakeholders as soon as possible gives them the opportunity to understand what’s being asked of the service team and why. It’s also a chance to build trust and understanding of each other’s needs and ways of working and lets them plan their time and involvement with the project”.
Clearly, that engagement with the stakeholders simply has not happened here. I am not blaming the civil servants; Ministers clearly insisted on this clause going in. The guidance then adds a warning to civil servants to
“think about what your users need, not what government thinks they want”.
Earl Howe (Con)
My Lords, I first thank noble Lords who have spoken on this group of amendments, which understandably have given rise to a number of questions. I shall do my best to address the various doubts and reservations that have been expressed, particularly those of my noble friends Lord Lansley and Lord Young of Cookham. As a general comment, however, I accept and acknowledge that there is uncertainty about the impact of the land auctions approach. That is why we are proposing a cautious power to explore the approach through time-limited pilots, with only a small number of local planning authorities that volunteer to do so participating. Only local planning authorities that volunteer to participate in the pilot will do so; if no local planning authorities volunteer, then the pilot will not happen.
As regards my noble friend’s lament that consultation has not yet taken place, he might have a point if we were proposing something compulsory for local authorities. We are not; we are proposing pilots that will be completely voluntary. That point is relevant also to my noble friend’s doubts about the capacity of local planning authorities to operate and handle a CLA. Local authorities that do not feel they are resourced to run a CLA will not have to do so.
I hope that we are united across the House in believing that it is important that the land value uplift associated with the allocation of land can be captured and put to good use for the benefit of communities. Notwithstanding the expressions of doom and scepticism from my noble friends, I am firmly of the view that community land auctions are a promising approach to doing just that. CLAs are designed as a process of price discovery that will incentivise landowners not to overprice the land that they are willing to sell.
This incentive should, we believe, have the effect of bearing down on land prices, which, in turn, should create greater scope for developer contributions and hence better value for local communities. The additional benefit to a local planning authority is certainty about the amount of land value uplift, rather than their having to make assumptions about values as they typically do at present. Certainty offered by CLA arrangements should make it easier for a local planning authority to set developer contributions, and easier for them to control housing supply. Therefore, removing these clauses from the Bill would mean losing out on an opportunity to test CLA arrangements as a potential new solution to the shortcomings of the current system.
The key questions posed by my noble friend Lord Young can, I think, be summarised as: what is to prevent a local planning authority giving undue preferential treatment to land in which they have a financial interest, either when drafting their local plan or when granting planning consents, and what transparency will there be around the process? I shall try to reassure my noble friend on those two issues.
First, I wholeheartedly agree that we cannot shift into a system in which planning permissions can, in effect, be bought and sold. That is why we are seeking to fully integrate community land auctions into the local plan-making process. There will be transparency, as the local plan will be prepared in consultation with the local community, with the proposed land allocations in the draft plan consulted on and independently examined in public, in accordance with the proposed new plan-making process.
As I have said previously, local planning authorities will need to consider many factors in addition to financial benefits when deciding to allocate land in their local plan. How, and the extent to which, financial considerations may be taken into account will be set out in CLA regulations. Moreover, once the local plan is adopted and sites are allocated, planning permission must still be sought in the usual way.
In the current system, local planning authorities already consider whether a site can viably achieve compliance with emerging policies when allocating land. Therefore, it is not unusual for local planning authorities to have to assess planning applications on land that they have allocated and from which they expect to secure value in the form of developer contributions to mitigate the impacts of new development. It is also not unusual for local planning authorities to consider planning applications on land in which they have an interest or have previously held an interest. Therefore, while it is true to say that community land auctions are a novel and innovative approach, parallels exist within the current system.
We recognise there should be limits on how local planning authorities can use the receipts from community land auctions. We have set out controls on spending that broadly mirror those for the infrastructure levy, and we will set out more detail on what CLA receipts can be spent on in regulations.
We also recognise the importance of both public scrutiny and evaluation to ensure that we fully understand the impacts of the approach. For this reason, the powers are time-limited, expiring 10 years after the regulations are first made.
In summary, I hope that I have provided reassurance—
Lord Lansley (Con)
I am sorry to interrupt my noble friend. He quite properly declared his interest as a landowner, but I ask him to think about this from the landowner’s point of view. In my experience around Cambridge, many of the most important sites are in the ownership of colleges and large family holdings. These would not make them available to be allocated in the local plan if, as a consequence, they would be subject to a CLA option and would lose control of the development, which is necessarily the result of the auction process. They would simply hold off. We will get less development as a result.
Earl Howe (Con)
I entirely take that point, which is why I spoke of a small number of local authorities that we expect to take up the option of a CLA. I am absolutely seized of the point that my noble friend has made. This will not be suitable in a number of areas around the country; he has given a good example from his own area.
Having said that, I hope I have assured noble Lords that existing legislation, and supporting policy and guidance, will mean that there are numerous safeguards to help ensure that community land auctions do not compromise the integrity of the planning system. It means that, while financial benefits can be taken into account in a CLA arrangement, there remains in place a host of measures to ensure well-planned development occurs.
As I said earlier, if we were to accept the amendments tabled by my noble friends Lord Young and Lord Lansley, we would lose the ability to test the merits of piloting community land auctions, which I believe would be a great pity, although I come back to what the noble Baroness, Lady Pinnock, rightly said: time will tell. For those reasons, I hope my noble friends will not feel the need to move their Amendments 96 and 98 when they are reached.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment removes the power of the Secretary of State to direct that a local planning authority may put in place a community land auction arrangement and replaces it with a power to make CLA regulations providing that.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment provides that the power to make regulations specifying environmental protection outcomes may be exercised by “an appropriate authority”.
Baroness Pinnock (LD)
My Lords, this is an important set of amendments from the noble Baroness, Lady Hayman of Ullock. They seek assurances from the Government that the replacement for the existing environmental tests for development—environmental outcomes reports—will be as robust as the ones they will replace.
The noble Baroness, Lady Hayman of Ullock, made a powerful case for a non-regression clause with her Amendment 106. Recently, there has been a lot of debate about this and pressure from those who want to point the finger of responsibility at the planning system for failing to produce the right number and quality of homes that are desperately needed in this country. When they do so, they point out the additional responsibilities of developers to adhere to environmental responsibilities and regulations, which are causing the difficulties they express. Of course, it is never as easy as that.
It seems to me that, after many years, as the noble Baroness, Lady Young, said, we have a much better balance now between development and protection of the environment in which developments are set. There are responsibilities that developers have to take up in order to make sure that they construct and do not destroy; to make sure that they create communities that sit well in their environment; and to make sure that nature and the environment are looked after for existing and future generations. So the noble Baroness, Lady Hayman, has made important points here; I hope that the Minister will be able to respond positively to them, because they are important. I guess that they will be raised again later on in our debates on Report.
Baroness Scott of Bybrook (Con)
My Lords, Amendments 100 and 101 in the name of the noble Baroness, Lady Hayman of Ullock, would require that all regulations made under Part 6 specify environmental outcomes, whether or not they actually relate to the outcomes themselves. This would place a significant burden on subsequent regulations and would require outcomes across every process element, even where not relevant—for example, on regulations related to enforcement, exemptions and guidance.
We recognise that framing will be critical and recently carried out a consultation on how we can translate the Government’s ambitions into deliverable outcomes, which is surely the key consideration here. The Government have also legislated to ensure additional consultations on future outcomes, as well as adopting the affirmative procedure in Parliament on the associated regulations.
Regarding Amendment 101, the Government have been careful to ensure that the new system is capable of capturing all the current elements of the environmental assessment process. This allows the Secretary of State to consider health matters such as air pollution when setting outcomes. Impacts on human health are covered by “protection of people” in Clause 143(2)(b). When developing secondary legislation, we will consult with stakeholders to ensure that health-related commitments are sufficiently captured.
On Amendment 106, the drafting of Clause 147 mirrors the EU-UK Trade and Cooperation Agreement to ensure that, when bringing forward reforms, we live up to our commitment to non-regression. As well as departing from the existing drafting, Amendment 106 would create a rigid approach to non-regression. Removing “overall” from levels of environmental protection would remove the ability to look at the effect of reforms as a whole. When read alongside the commitment to international obligations and expansive duties to consult, we feel that the non-regression clause strikes the right balance to ensure EORs can be an effective tool in managing the environment.
Let me respond to all the noble Baronesses who have spoken by making it clear that, in creating a new system of environmental assessment, it is essential that the standards are kept high. The Government are committed to improving what exists and ensuring that we can deliver on the challenges we face in the 21st century. Focusing on environmental outcomes will allow the Government to set ambitions for plans and developments that build on the Environment Act and other environmental commitments. The legislation is clear that the Government cannot use these powers to reduce the level of environmental protection, and it includes a clause setting out this commitment to non-regression.
On Amendment 107, I have no reservation in saying that the UN sustainable development goals are crucial ambitions. The UK is committed to achieving them by 2030, as affirmed in the international development strategy and integrated review. The expansive nature of these goals is such that it is not possible for the planning and consenting frameworks within which EORs operate to support them all. To require the EOR regime to do so would significantly expand the scope of the assessment beyond the existing legal frameworks of the environmental impact assessments and strategic environmental assessments.
This amendment would exacerbate the biggest issue with the current process, which is a mandatory list of topics that are required to be considered for all assessments, whether relevant or not. Listing matters to be considered in this way has resulted in overly long, complex and inaccessible documents, full of unnecessary material in case an omission invites legal challenge. It would thwart our efforts to make the process more effective, meaningful and manageable.
Environmental assessment was established as a tool to ensure that the environmental impacts of a development were not overlooked in favour of the social and economic priorities that drive development activity. A requirement to support the delivery of all goals would divert attention away from the EOR’s core purpose of providing an additional level of scrutiny of the effects of the development activity on the environment.
I hope this provides the reassurances necessary for the noble Baroness, Lady Hayman of Ullock, to withdraw her Amendment 100 and for the other amendments not to be moved when they are reached.
Baroness Hayman of Ullock (Lab)
My Lords, I thank the Minister for her response. I have to say that I still have concerns about non-regression. If it works for the Environment Act, I do not understand why it would not work here. Having said that, I beg leave to withdraw my amendment.
Baroness Pinnock (LD)
My Lords, my noble friend Lady Bakewell of Hardington Mandeville is unfortunately unable to attend today, as she is not well. I will say a few words on her behalf.
First, I endorse entirely what has already been said about the environmental importance of chalk streams. I think it was David Attenborough who described them as one of the rarest habitats on earth. If David Attenborough says that, we must listen and listen carefully.
Secondly, I want to say something about pollution and about water extraction. The Environment Agency has responsibility for giving permission to water companies for the level of extraction, be it from rivers or aquifers. Indeed, there are aquifers in Yorkshire—not in my part, but in the East Riding—which Yorkshire Water extracts from. What I do know is that aquifers take a long time to refill after periods of extraction. I look to the Minister to respond on water extraction from aquifers. The amount of water taken from aquifers obviously then impacts on the flow in chalk streams, which is essential for their protection.
What I want to say about pollution from sewage overflow discharge is this. About 150 years ago there was a Conservative Prime Minister in this country who had a policy of sewage. That is exactly what this country needs now. A Conservative Government run this country, so perhaps they can adopt Disraeli’s policy of sewage. It would be a bit late, but it would not be before time if they did.
The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)
I am very grateful to the noble Baroness and others who have spoken. The noble Baroness should read our Plan for Water, which does exactly what she said. I refer noble Lords to my entry in the register.
I turn to Amendment 102, in the name of my noble friend Lord Trenchard. I defer to no one in the verbal arms race that usually takes place in these debates about who can be the greatest supporter of chalk streams. I am passionate about them, and I want to see our chalk streams, which are one of the most valuable ecosystems in these islands, restored to pristine health. I note the passion from across the House on the need to protect these habitats further.
The Government recognise that chalk streams in England are internationally important and unique, and in many cases in poor health. We are committed to restoring England’s chalk streams. We have recently reaffirmed this commitment in our Plan for Water, which I just referred to, which recognises chalk streams as having special natural heritage.
Baroness Scott of Bybrook
Member’s explanatory statement
This amendment is consequential to the amendment to Clause 143 at line 36 on page 171 in the Minister’s name.
Baroness Scott of Bybrook
Member’s explanatory statement
This amendment provides that the requirement to assess the impact of EOR regulations on the overall level of environmental protection before making regulations applies to “an appropriate authority”.
Baroness Scott of Bybrook
Member’s explanatory statement
This amendment provides that the requirement for arrangements to exist under which the public will be informed of any proposed relevant consent or plan are sufficient to enable adequate public engagement applies to “an appropriate authority”.
Baroness Scott of Bybrook
Member’s explanatory statement
This amendment provides that the Secretary of State may make EOR regulations which contain provision within Scottish devolved competence without consulting the Scottish Ministers where the provision is merely incidental to, or consequential upon, provision that is outside that devolved competence.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment requires the Secretary of State to obtain the consent of the Welsh Ministers before making EOR regulations which contain provision within Welsh devolved legislative competence.
Baroness Scott of Bybrook
“(3A) The Secretary of State may only make EOR regulations which contain provision that could be made by the Welsh Ministers or that confers a function on, or modifies or removes a function of, the Welsh Ministers or a devolved Welsh authority after consulting the Welsh Ministers, unless—(a) that provision is contained in regulations which require the consent of the Welsh Ministers by virtue of subsection (3), or(b) that provision is merely incidental to, or consequential on, provision that would be outside Welsh devolved legislative competence.(3B) “Devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).”Member's explanatory statement
This amendment requires the Secretary of State to consult the Welsh Ministers before making EOR regulations which contain provision that could be made by the Welsh Ministers or that confers a function on, or modifies or removes a function of, the Welsh Ministers or a devolved Welsh authority except in certain circumstances.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment requires the Secretary of State to obtain the consent of a Northern Ireland department before making EOR regulations which contain provision within Northern Ireland devolved legislative competence.
Baroness Scott of Bybrook
“(5A) The Secretary of State may only make EOR regulations which contain provision that could be made by a Northern Ireland department or that confers a function on, or modifies or removes a function of, a Northern Ireland department after consulting the relevant Northern Ireland department, unless—(a) that provision is contained in regulations which require the consent of the relevant Northern Ireland department by virtue of subsection (5), or(b) that provision is merely incidental to, or consequential on, provision that would be outside Northern Ireland devolved legislative competence.(5B) The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the provision which is to be contained in the regulations concerned.”Member's explanatory statement
This amendment requires the Secretary of State to consult a Northern Ireland department before making EOR regulations which contain provision that could be made by a Northern Ireland department or that confers a function on, or modifies or removes a function of, a Northern Ireland department except in certain circumstances, and provides a definition of the relevant Northern Ireland department.
Baroness Scott of Bybrook
“EOR regulations: devolved authoritiesSchedule (Regulations under Chapter 1 of Part 3 or Part 6: restrictions on devolved authorities) contains restrictions on the exercise of the powers under this Part by devolved authorities.” Member's explanatory statement
This amendment inserts a new Clause which introduces the Schedule to be inserted after Schedule 12 in the Minister’s name which contains restrictions on the exercise of the powers under this Part by devolved authorities.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment provides that the requirement to consult the public before making certain EOR regulations applies to “an appropriate authority”.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment is consequential on the amendment made to Clause 153 at line 4 on page 180 in the Minister’s name.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment limits the power under subsection (2)(a) of Clause 154 to “relevant existing environmental assessment legislation”.
Baroness Hayman of Ullock (Lab)
My Lords, I just want to say how much we support the amendment tabled in the name of the noble Lord, Lord Randall, and so ably introduced by the noble Baroness, Lady Willis of Summertown. We have heard that it would deliver a new focus on nature by implementing the key recommendations from the Glover review of protected landscapes, all of which were previously agreed by the Government. This is an opportunity to move forward on them and I really hope that the Minister can give us some hope that we are going to achieve some of that.
Lord Benyon (Con)
My Lords, I thank the noble Baroness, Lady Willis, for moving my noble friend Lord Randall’s Amendment 139. The Government recognise how precious our protected landscapes are, and the Environment Act’s recently commenced biodiversity duty will play a vital role in further improving their ability to deliver for nature. The noble Baroness is absolutely right that there is no point in talking about 30 by 30 as if it was a line on a map; it has to be a quality that we are seeking to protect. We are determined that national parks and AONBs should play their part in really protecting nature and the environment. I will come on to talk about socioeconomic activities when I respond to my noble friend Lady McIntosh’s point.
However, the current statutory purposes are well established. Adding five purposes would cause confusion, particularly when it comes to prioritisation. Instead, we will publish an outcomes framework to define the expected contribution of protected landscapes to national targets later this year. This framework will be embedded within management plans to ensure they reflect the Government’s priorities—the priorities enshrined in the 25- year environment plan and in our environmental improvement plan, as part of the Environment Act. We believe this will deliver the desired outcomes in a less disruptive and more agile way than through legislation. We have also taken on board my noble friend Lord Blencathra’s excellent suggestion that new guidance would clarify interpretation of legislation. The Government will publish guidance this year on management plans and, next year, on the duties on public bodies.
I hope that is an important indication to your Lordships that we are determined to ensure that we achieve the kind of requirements for the purposes that these places were designated. When the 1949 Act was passed, no one was talking about climate change or about a crisis of species decline—but we are, and we want these landscapes to contribute to the response that this Government so passionately want to achieve, which is a reversal of the decline of species by 2030, with all those Lawton principles of bigger, better and more joined up absolutely functioning at the heart of it. I hope I have said enough to enable the noble Baroness, Lady Willis, to withdraw the amendment in the name of my noble friend Lord Randall.
Baroness Scott of Bybrook
140: Clause 157, page 182, line 7, after “means” insert “the legislation listed in Schedule (Existing environmental assessment legislation)”
Member’s explanatory statement
This amendment introduces the Schedule inserted after Schedule 12 in the Minister’s name which lists the existing environmental assessment legislation for the purposes of the definition.
141: Clause 157, page 182, line 8, leave out from beginning to the end of line 3 on page 183
Member's explanatory statement
This amendment leaves out the list of existing environmental assessment legislation because the detail of that definition is being moved into the Schedule inserted after Schedule 12 in the Minister’s name.
142: Clause 157, page 183, line 3, at end insert—
“(1A) “Relevant existing environmental assessment legislation” means—
(a) in relation to EOR regulations made by the Secretary of State acting alone or jointly with one or more devolved authorities, the legislation listed in Schedule (Existing environmental assessment legislation);
(b) in relation to EOR regulations made by the Scottish Ministers acting alone, the legislation listed in Part 2 of that Schedule;
(c) in relation to EOR regulations made by the Welsh Ministers acting alone, the legislation listed in Part 3 of that Schedule;
(d) in relation to EOR regulations made by a Northern Ireland department acting alone, the legislation listed in Part 4 of that Schedule.”
Member's explanatory statement
This amendment inserts a new definition of “relevant existing environmental assessment legislation”.
143: Clause 157, page 183, line 4, at end insert—
““appropriate authority” means—
(a) the Secretary of State,
(b) a devolved authority, or
(c) the Secretary of State acting jointly with one or more devolved authorities;”
Member's explanatory statement
This amendment provides the definition for Part 6 of “an appropriate authority” as the Secretary of State, a devolved authority or the Secretary of State acting jointly with one or more devolved authorities.
144: Clause 157, page 183, line 7, at end insert—
““devolved authority” means—
(a) the Scottish Ministers,
(b) the Welsh Ministers, or
(c) a Northern Ireland department;””
Member's explanatory statement
This amendment provides the definition of a “devolved authority” for Part 6.
145: Clause 157, page 183, line 27, at end insert—
““relevant existing environmental assessment legislation” has the meaning given by subsection (1A);”
Member’s explanatory statement
This amendment is consequential on the amendment inserting a new definition of “relevant existing environmental assessment legislation” into Clause 157 in the Minister’s name.
Thursday 20th July 2023
(1 year, 5 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 142-IV(a) Amendments for Report (Supplementary to the Fourth Marshalled List) - (20 Jul 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Scott of Bybrook
Member's explanatory statement
This amendment is consequential on the amendment in the Minister’s name at page 195, line 35.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, we have reflected on the debate in Committee and the report from the Delegated Powers and Regulatory Reform Committee, and I reiterate my thanks to the committee for its work in relation to this Bill. We want to ensure that the designation of locally led development corporations by local authorities is appropriately scrutinised, and therefore these amendments, in line with the DPRRC’s recommendation, apply the affirmative procedure to the orders establishing locally led urban and new town development corporations. I beg to move.
Lord Stunell (LD)
My Lords, I welcome the government amendments which, as the Minister has said, bring decisions made by the Secretary of State on urban development areas back to Parliament in the form of affirmative resolutions rather than negative resolutions. In my view, which I have expressed frequently, far too much in this enormous Bill is set out in the form of decisions left entirely to the Secretary of State to fill in by way of statutory instruments. Far too often, the only restraint is the wholly inadequate procedure of negative resolutions. I am pleased that the Minister has recognised the overreach in the original drafting and has brought forward amendments to correct that.
In Committee, I expressed general support for the proposition of locally led development corporations, and that was helped on by the Minister’s reassuring words to the effect that the wide discretion given to the Secretary of State in Clause 162 to designate a development corporation is, in practice, entirely conditional on there first being a positive initiative from that locality. That is all the more important in view of the strange reluctance to include town and parish councils in the formal consultation process.
In responding to this debate, I would be very grateful if the Minister could make assurance doubly sure on that point of local initiation and leadership of the new generation of development corporations. I look forward to hearing her reassurance on that point.
Baroness Taylor of Stevenage (Lab)
My Lords, those who have heard me speak in this Chamber will know that I am a great fan of development corporations, having grown up in a town that, apart from our historic old town, was created and, for the most part, built by Stevenage Development Corporation. At that time, the innovation of development corporations took a great deal of debate in Parliament to initiate, and we have hopefully moved on a bit towards devolution since the middle of the last century.
If there is to be parliamentary scrutiny of the establishment of development corporations, it is absolutely right that it should be done by the affirmative procedure, so we welcome the movement on that in Amendments 146 and 147, to ensure that the establishment of locally led urban and new town development corporations is drawn to the attention of both Houses, in the same way as those that are not locally led.
We hope that it will be the intention of government to scrutinise only the technical aspects of governance, for example, as it would be entirely against the principles of devolution that the Bill sets out to promote for any Government to effectively have a veto on whether proposals for a development corporation go ahead. During the passage of the Bill, we have talked about a new relationship of mutual trust between local and central government, and we hope that such parliamentary scrutiny will not be used to undermine that.
I absolutely agree with the noble Lord, Lord Lansley, about the importance of determining the nature of parliamentary involvement in different types of development corporation. Of course, we would have concern about Parliament intending to have a veto on the locally led ones. The other amendments in this group are consequential on the Minister’s previous amendment on page 195. We look forward to her comments about the points raised.
Baroness Scott of Bybrook (Con)
My Lords, I assure the noble Lord, Lord Stunell, that, yes, locally led development corporations will come from local authorities—they will put them forward.
My noble friend Lord Lansley brought up the different forms of development corporations. Rather than standing here and taking time, I would prefer to write to him and copy everybody in. I suggest that we might have a small group meeting about this when we come back in September so that any questions can be asked. I thank the noble Baroness, Lady Taylor of Stevenage, for her support for these amendments.
Baroness Scott of Bybrook
Member’s explanatory statement
This amendment is the first of a number that remove provision applying negative procedure to orders establishing locally-led urban and new town development corporations, and instead bring those orders within the existing procedures for such corporations that are not locally-led. The result is that affirmative procedure will apply (without hybrid procedure).
Baroness Scott of Bybrook
Member’s explanatory statement
See the explanatory statement for the amendment in the Minister’s name at page 195, line 35.
Baroness Scott of Bybrook
“(5A) In subsection (4), after “(1)” insert “or (1B)”.(5B) In subsection (4A), after “(1)” insert “or (1B)”.”Member’s explanatory statement
See the explanatory statement for the amendment in the Minister’s name at page 195, line 35.
Baroness Scott of Bybrook
Member’s explanatory statement
This amendment removes a power that is no longer needed in the light of the conclusion of proceedings in Senedd Cymru on the Historic Environment (Wales) Bill.
Baroness Scott of Bybrook (Con)
My Lords, government Amendment 152 relates to a consequential amendment on compulsory purchase. In light of the successful passage of the Historic Environment (Wales) Act through the Senedd Cymru, there is no longer a requirement to include a regulation-making power and associated provision under paragraphs 7(2) and (3) of Schedule 16. As such, these provisions are not required and should not form part of the Bill.
Government Amendment 153 seeks to add Part 7 of the Housing and Planning Act 2016 and Section 9 of the Tribunals and Inquiries Act 1992 to the definition of “Relevant compulsory purchase legislation” under Clause 177(6). The amendment is required because both Acts, or regulations relating to compulsory purchase made under them, make provision requiring the preparation of compulsory purchase documentation to which approved data standards published under Clause 177(3) should be applicable. I hope that the House will support government Amendments 152 and 153.
Baroness Taylor of Stevenage (Lab)
My Lords, this group brings up to date the provisions in the Bill so that they are appropriately applied to Wales. It also updates the list of types of compulsory purchase that can be made, subject to common data standards—we accept that this is important. We have had much discussion about the issues of hope value during the passage of the Bill, and it is therefore absolutely right that the Minister responded to Senedd Cymru’s request to make that apply in Wales as well.
I associate this side of the House with the comments by the noble Baroness, Lady Pinnock. It would be helpful if these types of provisions could be consulted on with the Welsh, Scottish and Northern Irish Administrations before they come before this House. But I am grateful to the Minister for listening to the Welsh Senedd’s request, and we are pleased to see these amendments coming forward today.
Baroness Scott of Bybrook (Con)
I thank the noble Baronesses for their input. I say to the noble Baroness, Lady Pinnock, that we understand the devolved authorities’ rights and responsibilities, but, as always, there is negotiation on any legislation that we put through which may affect them. The Government and the Welsh Government did not reach a settled position on the CPO powers until after the Lords Committee stage had concluded. As these things are complex, our devolved authorities also need time to discuss and make decisions. I can assure the noble Baroness that we are working closely with them all the time.
Baroness Scott of Bybrook
“(fa) section 9 of the Tribunals and Inquiries Act 1992,(fb) Part 7 of the Housing and Planning Act 2016, or”Member's explanatory statement
This amendment adds further legislation to the list governing the types of compulsory purchase documentation which can be made subject to common data standards.
Baroness Scott of Bybrook
(a) in the case of a building in England, is to be used as—(i) social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or(ii) housing of any other description that is prescribed, or(b) in the case of a building in Wales, is to be used as housing of a description that is prescribed.”;”Member's explanatory statement
This amendment and the amendments in the Minister’s name at page 234, line 23 and page 235, line 43 adjust the definition of affordable housing used in Clause 180 so that an existing definition relevant only to England is not made to apply in Wales.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment removes the provision requiring premises to be considered as vacant for the purposes of Part 10 when occupied by a trespasser (other than in cases caught by paragraph (b) of the same subsection, i.e. squatting in commercial premises).
Baroness Scott of Bybrook (Con)
My Lords, I shall speak also to Amendment 161A. Together, the amendments bring us back to an issue raised in Committee relating to premises that are counted as vacant. I thank the noble and learned Lord, Lord Etherton, and others for bringing this issue to our attention and for meeting me and my noble friend Lord Howe to discuss it. We have proposed amended wording to clarify what is meant by the clause in question.
Amendment 161 will clarify that occupation by true “squatters”—for example, persons who have broken into commercial high street premises and are using them as their residence—will not count as occupation for the purpose of assessing the vacancy condition for a high street rental auction, but occupation by other types of trespassers, such as commercial tenants who have remained in occupation following the expiry of their lease, may do so. This will be achieved by removing the reference to trespassers in Clause 183(4), while retaining reference to people living at premises not designed or adapted for residential use.
Amendment 161A adds words to the clause to clarify that “count” in this context means counting as occupation. I beg to move.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment makes a drafting clarification.
Baroness Pinnock (LD)
My Lords, Amendment 282D in my name would require the Chancellor of the Exchequer to undertake a review of the business rates system. The Government know that the current system is flawed and fails to reflect modern business practices. There have been several Bills in the last few years that have tweaked the non-domestic rating system—as the Minister knows, we have one currently before the House—but these are just tweaks to a complex set of business taxation that is in desperate need of fundamental reform.
The system is basically flawed, as illustrated by the fact that the Treasury pays out billions of pounds in support of small businesses every year, via the small business rates relief. This demonstrates that there has to be a more effective way to levy businesses to support the local services on which they depend.
It is not only me saying that business rates need fundamental reform. Many business commentators have urged for a fundamental review. The Centre for Cities published a report in 2020 which proposed 11 changes to the business rates system. The IFS has published a report pointing to spatial inequalities that are “profound and persistent”.
A fundamental review is long overdue, and the amendment in my name simply asks that a review considers the effects of business rates on high streets and rural areas, and compares that information with an alternative business taxation system—for instance, land value taxation, which was referred to in the IFS report. The spatial inequalities explored in the report are at the heart of the levelling-up agenda. Any detailed review of business rates should gather relevant data on the impact of business rates on different parts of the country.
The Government have recognised what they have called “bricks vs clicks”, and in the Financial Statement earlier this year raised rates for warehousing. However, that steers clear of the major issue facing our high streets, which is the competitive advantage that online retailers have over high street retailers when it comes to the rates applied for business rates.
I have mentioned several times in this Chamber the glaring difference between warehousing for a very large online retailer, which may be at the rate of £45 per square metre, compared with the rate for a small shop in a small town of £250 per square metre. The change to raise the rates for warehousing does nothing to address that vast gap. For instance, it was reported that the change introduced this year by the Government cost Amazon £29 million. That might sound a considerable sum to some people, but it is pennies in the pot for a big online retailer such as Amazon. It really needs to start paying its fair share towards local services. Its little vans whizz round our streets, and Amazon needs to pay for the upkeep of them. The rate of its contribution is small in comparison to the services it uses. That is the argument for a huge, fundamental review of the system as is stands.
We also have to take into account the impact of any changes on local government. A large portion of a council’s income now derives from business rates, and any changes to the system by the Government to reduce the burden on businesses—which they did in the Statement by freezing the multiplier—results in compensation to local government for those changes. This again demonstrates that the system is not fit for purpose.
We currently have a system that says that these are the rates, but oh dear, they are too big for charities, small businesses and so on, and then provides relief which costs the Treasury billions of pounds a year. When any further changes are made, that has an impact on desperately needed income for local councils. Therefore, there will have to be compensation in that regard also. This demonstrates that the business rates system, as currently set up, is really not doing the job it needs to do. I repeat that a fundamental review is essential.
It is important to add that the way in which business rates income is demonstrated, via the tariffs and top-ups arrangements, creates further unfairness This becomes more noticeable as councils struggle to balance their budgets.
A business rates system that encourages business development and growth must be at the heart of any strategy to bring more prosperity and jobs to those areas defined in the White Paper as being the focus for levelling up. I do not need to spell out what that might mean, but it could perhaps be reduced rates for some areas, to encourage development and the movement of businesses to those areas.
The noble Baroness, Lady Taylor of Stevenage, raised similar issues in moving her amendment to support the pub industry, which we support. My noble friend Lord Scriven has signed the amendment in the name of the noble Lord, Lord Holmes of Richmond, who I do not think is in his place, regarding the establishment of regional mutual banks. We support this approach as another way of empowering regional businesses and entrepreneurs to take financial decisions which meet local ambitions, rather than the more risk-averse national banks. The noble Baroness, Lady Taylor of Stevenage, used the comparator of Germany. She is right that the mutual banks in Germany have done much to support their regionally-based industries, which does not happen in this country because of the way our banking system is set up.
I really hope the Minister will be able to say in her reply that the Government accept that the business rates system as currently devised is not fit for purpose and that they are looking to have fundamental review to reform it to the benefit of those places—because this is the levelling-up Bill, and I shall keep saying it: anything we do in the Bill should be in support of the levelling-up agenda. This does not do it, and that is why we need a reform of the business rates system.
Baroness Scott of Bybrook (Con)
My Lords, Amendment 163 in the name of the noble Baroness, Lady Taylor of Stevenage, concerns the support for our pubs. We are all aware of the importance of our local pubs; they provide space for people to come together, they provide jobs and they support local economies. But we also know that the past few years have been a challenging time for our pubs, with the Covid-19 pandemic and the current high prices, caused by Russia’s invasion of Ukraine, conspiring to put pressure on already tight operating margins.
Through the pandemic, we recognised that the hospitality sector needed to be more resilient against economic shocks. That is why, in July 2021, we published our first hospitality strategy, Reopening, Recovery and Resilience, which covers cafés, restaurants, bars, nightclubs and pubs.
In 2021—this is important for the issue raised by the noble Baroness, Lady Taylor, of listening to the sector—we also established a Hospitality Sector Council to help deliver the commitments set out in the strategy. The council includes representatives from across the sector, including UKHospitality, the British Beer & Pub Association and the British Institute of Innkeeping, as well as some of our best-known pub businesses. While we fully agree with the aim behind the noble Baroness’s amendment, the strategy she asks for already exists.
Moving on to Amendment 279, I notice that my noble friend Lord Holmes of Richmond is not in his place, but the noble Baroness, Lady Taylor of Stevenage, brought it up on behalf of the noble Baroness, Lady Hayman of Ullock, as did the noble Baroness, Lady Pinnock, on behalf of the noble Lord, Lord Scriven, so I will respond. The amendment would require the Secretary of State to report to Parliament within three months of Royal Assent on the existing barriers to establishing regional mutual banks in the United Kingdom and instruct the Competition and Markets Authority to consult on barriers within competition law for this establishment and identify possible solutions.
I make it clear that the Government are supportive of the choice provided by mutual institutions in financial services. We recognise the contribution that these member-owned, democratically controlled institutions make to the local communities they serve and to the wider economy. However, regional mutual banks are still in the process of establishing themselves here in the United Kingdom, with some now in the process of obtaining their banking licences. It is therefore too early to report on the current regime and any possible limitations of it for regional mutual banks.
I know that my noble friend Lord Holmes was interested in how regional mutual banks have performed in other jurisdictions and how we could use these examples to consider the UK’s own capital adequacy requirements. In this instance, international comparisons may not be the most helpful to make. The UK is inherently a different jurisdiction, with different legislation and regulatory frameworks from those in the US, Europe and elsewhere. Abroad, some regional mutual banks have been in existence for centuries and have been able to build up their capital base through retained earnings. In the UK, regional mutual banks are not yet established and are continuing to progress within the UK’s legislative framework.
Additionally, the Competition and Markets Authority plays a key role in making sure that UK markets remain competitive, driving growth and innovation while also protecting consumers from higher prices or less choice. It is very important to note that the CMA is independently responsible for enforcing UK competition and consumer law. The Government cannot instruct the CMA to undertake a consultation. The Treasury is continuing to engage with the mutuals sector and other industry members to assess how the Government can best support the growth of mutuals going forward. I hope that this provides sufficient reassurance to my noble friend on this issue.
Baroness Scott of Bybrook (Con)
I will quickly respond to the noble Baroness. I will look at what was discussed with the Hospitality Sector Council and will write to the noble Baroness. I am sure that all the other issues will be discussed further in the NDR Bill.
Monday 4th September 2023
(1 year, 3 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 142-VI Sixth marshalled list for Report - (4 Sep 2023)
16:08 - Division on Amendment 164 - Ayes: 180 / Noes: 175 - Amendment 164 agreed.
18:00 - Division on Amendment 190 - Ayes: 186 / Noes: 180 - Amendment 190 agreed.
19:08 - Division on Amendment 191 - Ayes: 182 / Noes: 172 - Amendment 191 agreed.
20:51 - Division on Amendment 191A - Ayes: 158 / Noes: 149 - Amendment 191A agreed.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, welcome back. Amendment 164 in the name of the noble Baroness, Lady Hayman of Ullock, seeks to reduce the closure of high street financial services. The nature of banking is changing, and the long-term trend is moving towards greater use of convenient, digital and remote banking services over traditional high street branches. In 2021, 86% of UK consumers used a form of remote banking, such as an app, online or on the phone.
Banking customers can also carry out their everyday banking at more than 11,500 post offices across the United Kingdom. The Government are committed to ensuring the long-term sustainability of the Post Office network and have provided more than £2.5 billion in funding to support the Post Office network over the past decade and are providing a further £335 million for the Post Office between 2022 and 2025. There are more than 11,500 Post Office branches in the UK—the largest retail network in the country—and, thanks to government support, the network is more resilient today than it was a decade ago. The Government protect the Post Office network by setting minimum access criteria to ensure that 99% of the UK population lives within three miles of a post office. I do not know whether this is the figure that my noble friend mentioned earlier. Businesses can withdraw and deposit cash at any of those branches of the Post Office.
The noble Baroness, Lady Pinnock, brought up a real issue, I think, and that is good internet access, particularly for banking services. The Government know that, and Project Gigabit is the Government’s £5 billion programme that will ensure that the whole of the UK benefits from gigabit connectivity by providing subsidy to deliver gigabit-capable connectivity to uncommercial premises, which are typically in very rural or remote locations. We have an ambition to connect at least 85 % of UK premises by 2025 and 99% by 2030, so we are working on what is a difficult and expensive issue—we know that, but we are working on it.
The Government cannot reverse the changes in the market and customer behaviour, nor can they can determine firms’ commercial strategies in response to those changes. Decisions on opening and closing branches or cash machines are taken by each firm on a commercial basis. However, the Government believe that the impact of such closures should be mitigated so that all customers have access to appropriate banking services.
Of course it is vital that those customers who rely on physical banking services are not left behind, which is why the Financial Conduct Authority has guidance in place to ensure that customers are kept informed of closures and that alternatives are put in place, where reasonable. The FCA’s new customer duty, which came into force on 31 July this year, further strengthens protections for consumers, as it will require firms to consider and address the foreseeable harm to customers of branch closures. These issues were debated extensively during the passage of the Financial Services and Markets Bill in 2023, and through that legislation the Government have acted to protect access to cash by putting in place a framework to protect the provision of cash withdrawals and deposit facilities for the first time in UK law. This introduces new powers for the FCA to seek to ensure reasonable provision of cash-access services in the UK and, importantly in relation to personal current accounts, to free cash-access services. Following the passage of this new law, the Government published a statement setting out their policies on access to cash, which include an expectation that, in the event of a closure, if any alternative service is needed, that alternative should be put in place before the closure takes place.
Furthermore, the financial services sector has established initiatives to provide shared banking and cash services, an example being the banking hubs, which offer basic banking services and a private space where customers can see community bankers from their own bank or building society. Industry has already opened eight banking hubs and 70 more are on the way.
I have set out the comprehensive action the Government are taking to protect access to financial services in a way that recognises the changing nature of banking and respects the commercial decisions of UK businesses. This is why we believe that the right approach is being taken, and, while we agree with the noble Baroness’s intention, we cannot support this amendment.
Baroness Hayman of Ullock (Lab)
My Lords, I thank all noble Lords who have taken part, particularly those who have offered their support. I thank the noble Baroness, Lady McIntosh of Pickering; I fully understand that she may not be able to join me in the Lobby if I call a vote. I appreciate the support offered by the Green Party through the noble Baroness, Lady Jones of Moulsecoomb, as well as the support of the noble Baroness, Lady Hoey.
The noble and learned Baroness, Lady Butler-Sloss, made a really important point about the distances that have to be travelled, and the need to go to Exeter. My husband’s family are from Ottery St Mary, and I know the area well. When she said there were no banks there and she had to go to Exeter, I was quite horrified. That is an extremely potent example of the problem.
I thank the noble Baroness, Lady Pinnock, of course, for putting her name to the amendment and for offering her support. I have to say that I was pretty disappointed with the Minister’s response. She said that banking is changing and people are now using “convenient” digital services, but the problem is that they are not convenient for everybody. That is the point I was trying to make when I introduced my amendment.
Also, the Post Office network is not always set up in the places and communities where it is needed. We have lost too many post offices and as was mentioned, they are often now not in separate buildings on the high street but at the back of or in the main part of shops. On going to the post office, I have ended up queuing for quite some time because of other people in the shop purchasing things, so it is not necessarily convenient, particularly if you have a lot of money on you. The problem of businesses having to travel large distances with a huge amount of cash has come up. I had not mentioned that issue but of course, it is very important.
The Minister talked about connectivity, but improving connectivity in rural areas has been talked about for years. There are parts of rural areas that are very difficult to connect, and they always seem to get left behind unless the local community agrees to pay what are often very large sums of money. So again, I am not convinced that that will solve the problem. The Minister also talked about having to follow the market. I strongly believe that financial services should be driven not by the market but by the fact that they are important to all our communities, whether we are talking about personal services or business services.
The key point I would like to make concerns the banking hubs. I do not know when we are going to see them. I have never seen one and I do not know what the rollout will be, but they do not seem to be replacing what has been lost.
Having said all that, I am not satisfied by the Minister’s response so I would like to test the opinion of the House.
Member's explanatory statement
This amendment provides that the power to make planning data regulations may be exercised by “an appropriate authority”.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment provides that the power to make regulations requiring the use of approved planning data software in England may only be exercised by the Secretary of State.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment provides that the Secretary of State may make planning data regulations which contain provision within Scottish devolved competence without consulting the Scottish Ministers where the provision is merely incidental to, or consequential upon, provision that is outside that devolved competence.
Baroness Scott of Bybrook
““appropriate authority” means—(a) the Secretary of State,(b) a devolved authority, or(c) the Secretary of State acting jointly with one or more devolved authorities;”Member's explanatory statement
This amendment provides the definition of “an appropriate authority” for Chapter 1 of Part 3 as the Secretary of State, a devolved authority or the Secretary of State acting jointly with one or more devolved authorities.
Baroness Jones of Whitchurch (Lab)
My Lords, I will speak briefly to the amendment. The noble Baroness, Lady Parminter, has set out extremely well why we are keen to make local nature recovery strategies an effective tool for helping the Government hit their legally binding 2030 nature targets.
The noble Baroness quite rightly said that we did not believe that the current requirements for local planning development plans to simply “have regard to” their local nature recovery strategies would be an effective delivery mechanism. A planning authority could disregard all the spatial recommendations of the local nature recovery strategy and still be compliant with the duty. They could simply write that they “had regard to” the local nature recovery strategy without providing any evidence of how it had shaped the substance of their plans.
When we debated this in Committee, the Minister extolled the virtues of the guidance, and the noble Baroness made reference to the forthcoming guidance. But we did have a very good debate, led by the noble Baroness, Lady Willis, which highlighted the many omissions of the guidance already published. I will not go over all of that, but there is still a concern about the detail of it, and I hope that it will now reflect this new wording in the Bill.
As I said, and like the noble Baroness, I am grateful for Ministers having had subsequent meetings and for the further consideration of our arguments that has now taken place. The Government’s proposals make it much clearer that all tiers in the planning process must take account of local nature recovery strategies when they make their plans. It is not perfect, but it is a welcome concession. I therefore share the view of the noble Baroness, Lady Parminter, that we should not pursue Amendment 182 at this stage.
The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)
My Lords, I am grateful to both noble Baronesses for their constructive contributions on this subject, both in Committee and more recently. As noble Lords know from the many Statements I have given to this House over recent years, I fully recognise the vital importance of nature and the pressing need for nature recovery. This is at the heart of the Government’s environmental improvement plan and our legally binding targets to halt, and subsequently reverse, species decline.
Local nature recovery strategies were created by the Government to deliver more co-ordinated, practical and focused action to help nature recover. We have been clear from the outset that the planning system has a key role to play in making this happen. Local nature recovery strategies and biodiversity net gain, which we will come on to later, are crucial policies that enable us to achieve this in practice.
Given the strong calls we have heard for more clarity about how the new strategies should be taken into account, we have brought forward government amendments to address this. These amendments would impose a requirement for plan-makers, at all tiers of the planning system, to take the content of local nature recovery strategies into account, and they are explicit about the different aspects of the strategies that must be considered in this context. In this way, we are providing a clear legal framework that plan-makers will need to work within—one that will make sure that priorities for nature recovery are properly addressed. As both noble Baronesses said, this will be reflected in the guidance that we have committed to produce for local planning authorities on how they are to consider local nature recovery strategies in planning. This guidance is in draft and will be published shortly. I am happy to have further conversations with noble Lords about this.
Although our amendments do not impose additional reporting duties on local planning authorities, the way that local nature recovery strategies are addressed through their plan-making will be transparent and open to public scrutiny through the processes of public consultation and examination. Given the importance of getting plans in place, and the pressures on local authority resources, it is important that we do not impose duties that can be met through other means. An enhanced requirement for local planning authorities to report on actions taken to deliver the objectives of local nature recovery strategies is not required at this time.
In May this year, the Government published guidance on how public authorities should comply with the Section 40 biodiversity duty under the Natural Environment and Rural Communities Act 2006, stating that local planning authorities should include information in their biodiversity reports about how local nature recovery strategies have informed policies, objectives and actions.
I really hope that what I have said addresses the concerns of the noble Baroness, Lady Willis, about how local nature strategies will work across boundaries, catchments and landscapes to make sure there is a coherence that fulfils the principles of the Lawton review of about a decade ago, which set out how our approach to wildlife sites and nature recovery should work.
I hope that I have said enough. I thank the noble Baronesses again for their work on this with us. I am grateful to have been given the hint that they will not press to a Division Amendments 182 and 202.
Baroness Scott of Bybrook (Con)
My Lords, I have great sympathy for the intention behind the amendments tabled by my noble friend Lord Lansley. The value in having up-to-date plans in place is something we can all agree on and is a goal which several of the measures in this Bill are designed to support. Where I must part company with my noble friend is on the best way of achieving that.
These amendments would create a hard cliff edge for policies in plans. A local plan or a neighbourhood plan could be departed from only if there are “strong reasons”, or—if it passes its sell-by date—would be relegated to being just a material consideration. This would risk undermining the important policy safeguards in plans, which could allow the wrong development in the wrong places. Within any plan, some individual policies are likely to have continuing importance and relevance, irrespective of the actual base date of the plan. For example, policies which set the boundaries of important designated areas, such as the green belt, are expected to endure for some time. Because of this, it is a well-established principle that planning decisions rely on a judgment about which policies are relevant at the point of making a decision. If we created the sort of all-or-nothing cliff edge that these amendments imply, we would put this pragmatism at risk and could undermine important protections.
None of this is to excuse slow plan-making, and I agree entirely with my noble friend that we must do more to get up-to-date plans in place. We have a comprehensive set of actions to do just that. The national development management policies will mean that plans have to contain fewer generic policies than they do now; our digital and procedural reforms in the Bill will make it easier to prepare and approve policies; there will be more proactive intervention through the new gateway checks on emerging plans; and the Bill also bolsters the intervention powers that may be used as a last resort. Our current consultation on plan-making reiterates the Government’s aim that future plans should be produced in 30 months, not years.
We expect the new plan-making system to go live in late 2024. There will be a requirement on local planning authorities to start work on new plans by, at the latest, five years after the adoption of their previous plan and to adopt the new plan within 30 months. Under the new proposals, the Secretary of State will retain existing powers to intervene if authorities fail, and these include the ability to make formal directions and, ultimately, to take steps into an authority’s shoes and take over plan-making responsibilities. The plan also provides a new option for the Secretary of State where authorities are failing: local plan commissioners could be appointed by the Secretary of State at any stage of the new plan-making process.
However, we are going consulting. We are asking for views on the proposals to implement the parts of the Bill that relate to plan-making ,and to make plans simpler, faster to prepare and more accessible. That consultation opened in July and will close on 18 October. If any noble Lords would like to see it, it is available on GOV.UK.
The noble Earl, Lord Lytton, asked whether neighbourhood plans will still be relevant without a local plan. They will: they are still relevant if the planning application is relevant to the neighbourhood plan.
The noble Baroness, Lady Pinnock, asked about the five-year land supply requirement. We have proposed removing that requirement only where plans are less than five years old. This will be an incentive to keep plans up to date by reducing the threat of speculative development where local authorities have done the right thing in having an up-to-date local plan.
It is important that we give these reforms a chance to work, rather than introducing measures that would complicate decision-making and could weaken protections. Therefore, although I understand the intention behind these amendments, I hope that my noble friend has been persuaded to withdraw Amendment 183.
Lord Lansley (Con)
My Lords, I am grateful to all noble Lords who have spoken on this group of amendments. I am particularly grateful for the support that noble Lords from all sides of the House have given to the principles behind my amendment.
My noble friend the Minister said that she is sympathetic to what these amendments set out to achieve. I am slightly surprised, because she continued to say that I am looking for something with a cliff edge, as it were. The whole point of Amendment 187 is to give Ministers the regulation-making power to graduate the cliff edge and show the steps up to and down from it. At the same time, my noble friend is trying to use cliff edges. She is saying, “Well, it’s five years, then something happens, then two and half years is the limit on the time available”. Sometimes, these timetables serve a purpose. My noble friend is right to say that local plan-making needs to be accelerated; setting these timetables is clearly a part of that.
This is interesting, because we are not necessarily debating the five-year housing supply elsewhere. The noble Baroness, Lady Pinnock, made a good point. My noble friend the Minister said that the Government are getting rid of the five-year supply requirement in relation to the plan itself. So, in effect, the local plan can say, “Well, this is our housing requirement, and this is how we are meeting it”. However, if you go beyond five years and fall off the proverbial cliff edge, and if a local planning authority does not maintain an annual statement of how it will meet the housing requirement it has identified for its area for the five years ahead, it will in effect see a housing delivery test come in—and it will fail that test. We would return to the situation where developers are able to come in, and that may or may not be a bad thing; but it is not as simple as saying, “We have a housing delivery test”, “We don’t have a housing delivery test”, “We have a different housing delivery test”, “We don’t have the buffer”, and so on.
This issue is all part of the problem that my noble friend Lord Young of Cookham and I will return to in our debate on a later group of amendments, concerning the lack of constraints on local planning authorities that will get them to the point of delivering on the Government’s housing targets. The watering down of the housing delivery test is a significant part of that, as is the buffer built into it in trying to meet the deficiencies in supply by local planning authorities.
My noble friend the Minister made some reasonable points. However, the whole point of this amendment is that we need certainty, as my noble friend Lord Deben rightly said. We need that to be achieved in the wake of this consultation on plan-making. It is not about cliff edges; it is about understanding what an emerging plan means in relation to an existing plan and setting that out in very clear terms. Past efforts have not succeeded. For example, Regulation 10A of the town and country planning regulations sets out that a review must start within five years. We saw the results of that. A local planning authority in my area initiated a review on five years plus one day and said, “We don’t really need to review all of this. We’ll just look at the one thing that we don’t like, which is the housing supply number, and we’ll review it and lower it”—and that was the end of it. The planning inspector said that they did not have the power to say that there should be a more wide-ranging review.
I hope—and believe—that this will be sorted in this consultation on plan-making. However, my point, which I think that my noble friend completely accords with, is that even if we do not do this in regulations—and I will not press the point—it must be done, with clarity and soon; otherwise, we will move to a new system into which all the past uncertainties will be reimported, with local developers and planning authorities going head to head as they have in the past and which has not been helpful. We want to see them using the certainty of the system to manage the supply of housing more effectively in the future.
With that thought of hope over experience, I beg leave to withdraw my amendment.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment clarifies that inserted subsection (5B) in section 38 of the Planning and Compulsory Purchase Act 2004 requires a determination under the planning Acts to be made in accordance with the development plan and any national development management policies, taken together.
Baroness Scott of Bybrook (Con)
My Lords, I do not intend to detain the House for long with Amendment 184A, which is intended solely to avoid any ambiguity arising in relation to the meaning of our changes to Section 38 of the Planning and Compulsory Purchase Act 2004. It clarifies that any determinations are to be made in accordance with the combined effect of the development plan and any applicable national development management policies. This was always our intention, but this amendment seeks to put the matter beyond doubt. I hope your Lordships will be pleased to support it. I beg to move.
Baroness Scott of Bybrook (Con)
My Lords, our proposals for national development management policies have attracted considerable debate and rightly so, given the important role they play in our planning process. I welcome the thoughtful contributions made today, although I should be clear at the outset that I am not convinced that a compelling case for these amendments exists.
Amendment 186 in the name of the noble Baroness, Lady Hayman of Ullock, would mean that several considerations would need to be weighed up by decision-makers where a conflict occurs between plans and the national development management policies. While I appreciate the intention behind this amendment, it would create a more complex and uncertain task for decision-makers, as it does not provide a clear indication of how any conflict should be resolved, nor how the local authority—as the decision-maker in most cases—is meant to take local authority views into account. The end result is likely to be additional planning appeals challenging local decisions, something our clauses aim to reduce.
Turning to Amendment 188 in the name of the noble Baroness, Lady Taylor of Stevenage, I am unsure what a further statement explaining the relationship between the national development management policies and other planning documents would add. The consultation launched in December last year gave details of what we expect the national planning management policies to do, how they would relate to other aspects of national planning policy and how they relate to plans. In addition, our debates on this subject have helpfully provided further opportunities to make our intentions clear. I want to reassure the House that we are committed to further clarification wherever necessary, which we will do when we respond to that consultation, and again when draft national development management policies are themselves published for consultation.
I must respond to the view of the noble Baroness, Lady Taylor, that NDMPs are moving us towards a zoning system. This is not the case at all. We have been clear that NDMPs will cover generic decision-making matters. They will not impinge on the way authorities allocate land or protect certain areas.
Turning next to Amendment 189 in the name of my noble friend Lord Lansley, I agree that national development management policies should have clear and specific roles, but I am not sure that this amendment is necessary as a means of achieving that. National development management policies will, by virtue of the role they are given by the Bill, cover matters which are relevant in the determination of planning applications. At the same time, a legal limitation of the sort proposed here might constrain the scope of particular policies to be used for that purpose, in a way that would become apparent only through the exercise of preparing them. We have been clear that the scope of national development management policies will not stray beyond commonly occurring matters which are important for deciding planning applications. December’s consultation confirmed that they would
“not impinge on local policies for shaping development, nor direct what land should be allocated for particular uses during the plan-making process. These will remain matters for locally produced plans.”—[Official Report, 17/1/23; col. 1806.]
Amendment 190 in the name of the noble Baroness, Lady Thornhill, returns us to the question of participation in producing national development management policies. This is an important consideration and I agree that these policies should be open to proper scrutiny. At the same time, we need to do this in a way which is both effective and appropriate.
Clause 87 imposes an obligation on the Secretary of State to ensure that such consultation and participation as is considered appropriate takes place. We have been clear, through December’s consultation and in this House, that full consultation will be carried out before these policies are designated. This will build on the initial questions on the principles underpinning these policies, which we posed in December’s consultation, and will in due course give everyone with an interest—whether specialist bodies, local authorities, the public or parliamentarians—the chance to consider and comment on detailed proposals. National development management policies will serve a broader purpose than the National Policy Statements, which are used for major infrastructure projects. They will not be used solely by Ministers for decisions on nationally significant schemes, so it is right that we are placing the emphasis on proper engagement as a way of testing our thinking.
I reiterate: we have made it clear that national development management policies will be consulted on, other than in the exceptional circumstances we have previously discussed. This will give parliamentarians and everyone else with an interest the opportunity to scrutinise and comment on proposed policies. That is why broad engagement on the proposed content of the national development management policies is appropriate and will take place. With that, I hope that the noble Baroness, Lady Hayman of Ullock, will agree not to move Amendment 186, and that other noble Lords are content not to move their amendments when they are reached. With that, I ask the House to agree Amendment 184A in my name formally.
Baroness Hayman of Ullock (Lab)
My Lords, this has been a really important group for us to debate. I thank the noble Lord, Lord Ravensdale, for introducing it with his important Amendment 191, which I was very pleased to support. I have two amendments in this group: Amendment 275, under which a Minister must publish a green prosperity plan—I thank the noble Baroness, Lady Bennett of Manor Castle, for her support on this—and Amendment 283, which defines adaption to and mitigation of climate change. There is a specific reason why I have put that amendment down, which I will come to.
My Amendment 275 says that:
“Within one year of this Act being passed, a Minister … must publish a Green Prosperity Plan”,
specifically to
“decarbonise the economy … create jobs, and … boost energy”.
This amendment and the others in the group are about how we consider climate change and the environmental and energy crises that we have been facing as a country. We need to look seriously at how we are going to dramatically reduce our emissions by 2030. We also believe that climate justice should be a priority. It is important that we can all agree on what action has to be taken to accelerate the benefits of nature restoration and recovery alongside this.
We believe that there should be a national mission to upgrade the energy efficiency of every home that needs it. This will help to lower people’s bills and reduce emissions. We must make sure that, if we are to change the way we heat our homes and how we manage our gas, electricity and oil, we have a different system that supports the reduction of emissions and looks at ways to meet our net-zero targets. We see this as an opportunity to create many thousands of new jobs and help the country to rebuild the economy. It gives us the opportunity to invest in manufacturing and factories—for example, to build batteries for electric vehicles—to develop a thriving hydrogen industry and to increase the manufacture of wind turbines here in the UK. We see this as a huge opportunity, and we also believe the UK should have the ambition to be a world-leading clean energy superpower.
My second amendment, Amendment 283, seeks to insert a new “Interpretation” clause, concerning the interpretation in the Bill of adapting to climate change and adaption to climate change. The reason for this is that, in the Bill, the words “adaptation” and “adaption” are both used. It is very important that there is no confusion about what is meant by adaption and what is meant by adaptation—they are two different terms but they seem to have been used fluidly within the Bill. Amendment 283 tries to clarify that. It may well be that the Government do not want to accept my amendment, but they might want to look at the wording in the Bill and see whether clarification could be brought through in another way.
Adaptation is incredibly important as we go forward. We know we have a strong framework for emissions reduction and planning for climate risks, as set up by the Climate Change Act 2008. However, we still need better resourcing and funding of adaptation, as it is going to be a critical part of supporting the country as we try to tackle the impacts we are seeing—very regularly now—of climate change. We think it is unacceptable not to do that, so we would like to see a clearer understanding of what is required for what we call “adaptation”—though it may well be called “adaption”. This needs to come together in the Bill in a clear and understandable way that will bring about the investment we need in this area.
This brings me to what the noble Earl, Lord Caithness, has brought forward in his amendment on wildfires; clearly that is an area where adaptation is going to be terribly important, as it will be with flooding—and we will debate that later in the Bill. One thing we know is that wildfires have brought an increasing threat to a wide range of interests across the country. We need a co-ordinated approach, and the noble Earl, in introducing his amendment, was very clear about why this was needed. We know that we have to mitigate the impacts of wildfires on people, property, habitats, livestock, natural capital, wildlife and so on, as the noble Earl explained. We also know from the recent terrible wildfires we have seen—such as that on Saddleworth Moor, as the noble Earl mentioned—that it is going to take decades for those areas to recover. We have to get systems in place to tell us how we manage that, how we avoid it and what we do when it happens. This is a levelling-up Bill, and the impacts of climate change often have an unequal effect on different citizens in this country. As part of the levelling-up agenda, we need to address this.
Finally, that brings me to the incredibly important amendment from the noble Lord, Lord Ravensdale, to which I was very pleased to add my name. The noble Lord, Lord Deben, talked passionately and eloquently about the importance of how we deliver this and how vital it is that we are able to do this. The noble Lord’s amendment would be an important step on the way to achieving this. If the noble Lord wishes to push it to a vote and test the opinion of the House, he will have our strong support.
Earl Howe (Con)
My Lords, in this group of amendments we return to the crucially important issues surrounding climate change and the green agenda, about which we have heard strong views, and rightly so. Climate change presents clear risks to our environment and our way of life, which is why I am not embarrassed to claim that the Government have led the world in their ambition to reach net zero, and why we are committed to fostering the changes needed to reach that goal. That is the delivery that my noble friend Lord Deben spoke of.
However, what is crucial is that we do this in a way that is effective without being unnecessarily disruptive. That is where, I am afraid, I must take issue with Amendment 191 in the names of the noble Lords, Lord Ravensdale and Lord Teverson, the noble Baroness, Lady Hayman of Ullock, and my noble friend Lord Lansley. For the same reason, I need to resist Amendment 283 in the name of the noble Baroness, Lady Hayman of Ullock. I do so with regret.
The intention of these proposed new clauses—to set more specific legal obligations which bear upon national policy, plan-makers and those making planning decisions—is not at all the focus of my criticism. We all want to achieve the golden thread that the noble Lord, Lord Ravensdale, referred to. The problem is their likely effect, which would be to trigger a slew of litigation in these areas. That in turn could serve to hinder the action that we need to get plans in place to safeguard the environment that we all wish to protect. For example, Amendment 283 would mean that the Bill’s existing obligations on plans to address climate change mitigation and adaptation would have to be interpreted in the context of very high-level national objectives. That would not be a straightforward thing to do, because high-level objectives do not, in most cases, provide clear direction at the level of an individual district.
Earl Howe (Con)
My Lords, Amendments 191A, 191B and 286 all deal with the principle of healthy homes. I am the first to say that the debates we have had on this subject are a reminder, if one were ever needed, of the key importance of healthy living environments. Much of the case put forward by the noble Lord, Lord Crisp, and others centres on the idea of having fixed standards in this whole area. On that, I hope he will welcome the news that the Government have listened. Where fixed standards are the best approach, we are taking action.
For example, we are currently reviewing the decent homes standard, which sets minimum standards regarding the physical condition of social rented homes. We have also committed to introducing the decent homes standard to the private rented sector for the first time at the earliest legislative opportunity. On building standards, we will consult on a full technical specification for the future homes standard and then introduce the necessary legislation in 2024 ahead of implementation in 2025. I hope that that combination of actions will be music to the ears of the noble Lord, Lord Crisp.
The noble Lord, Lord Stunell, referred to the mission statement in the levelling up White Paper. The measures we are taking should reassure him, I hope, that those missions are still a top priority.
In Committee, I warned about the risks of introducing undue prescriptiveness in this area. That is why I also hope noble Lords recognise that, in the planning system, a degree of flexibility is often needed to reflect the great variety of issues individual schemes may pose. With the best will in the world, any set of prescriptive and rigid rules makes no allowance for such individual circumstances.
Having said that, I want to re-emphasise the added weight that this Bill will give to both national and local policies for controlling development. How our national policies can support healthy living is most definitely something that we will wish to engage and reflect on as we come to update them.
That leads me to a further point. We are currently consulting on proposals to allow permitted development rights, with existing prior approvals on design or external appearance, to include consideration of design codes where they are in place locally.
I am very sympathetic to the intentions behind these amendments, but we are concerned that they would create a legal framework which cuts directly across the actions I have referred to. At worst, they could even hinder progress in pursuing healthy homes by creating uncertainty about the obligations which apply, with the associated risks of legal challenge and delay. It is those concerns which prevent us being able to support these amendments.
Turning to Amendment 198, I listened with care and a large measure of agreement to the noble Lord, Lord Hunt of Kings Heath, on this topic. I remind the House that health and well-being is already a key consideration in the planning system, and changes made through this Bill will strengthen this. The National Planning Policy Framework states that plans should set out a
“strategy for the pattern, scale and design quality of places”.
The framework is clear that:
“Planning policies and decisions should aim to achieve … places which … enable and support healthy lifestyles”,
including through the provision of open spaces, sport and recreation facilities and layouts that encourage walking and cycling. In other words, these are the key building blocks to better health the noble Lord, Lord Hunt, referred to.
The right reverend Prelate the Bishop of Southwark indicated his concern that that does not seem to be enough. In response to that concern, changes through this Bill will mean that, in future, planning applications must be decided in accordance with the development plan and any applicable national development management policies, unless material considerations strongly indicate otherwise. It would no longer be enough for other considerations merely to indicate otherwise. That has two effects. First, it will make sure that locally produced policies have a strengthened role in planning decisions. Secondly, national development management policies will give national policies statutory status in planning decisions for the first time.
On the design of buildings, the national model design code provides guidance on the production of local design codes, including consideration of health and well-being. The Bill requires every local planning authority to produce a design code for its area. They will have full weight in the planning decision-making.
Furthermore, we have looked for ways of achieving further join-up. To that end, Active Travel England was established as a statutory consultee within the planning system as of June. It is responsible for making walking, wheeling and cycling the preferred choice for everyone to get around. Therefore, although I fully understand the essence of this amendment, we believe that the status of these considerations in the planning system, as enhanced by the Bill, is already provided for.
I thank the noble Lord, Lord Ravensdale, for his engagement on embodied carbon in buildings. The Government agree that reducing these emissions is crucial. I listened with great care as well to the noble Lord, Lord Best. I completely agree with both noble Lords that, to reduce the embodied carbon of buildings, we must decarbonise every part of the supply chain in their construction, from the manufacture and transport of materials to the construction processes on site.
Across government and industry, a great deal of work is already contributing to a reduction in the embodied carbon across those construction supply chains. The Industrial Decarbonisation Strategy and the transport decarbonisation plan, for example, set out how large sectors of the economy will decarbonise. The England Trees action plan looks to increase the production of timber, which can be used to replace higher-carbon materials in construction when it is safe to do so.
As the noble Lord, Lord Ravensdale, is aware, the Government intend to consult this year on our approach to measuring and reducing embodied carbon in new buildings. This will be informed by in-depth research, and I am pleased that members of the Part Z team sit on the steering group for that research. I reassure the noble Lord that the Government are listening to calls for a change to the building regulations and will continue to engage with him as policy develops. However, it is vital that we understand the impacts of potential interventions—which will be the focus of the consultation—before any commitment to a specific intervention. I know that the noble Lord takes that point.
Amendment 282H, in the names of the noble Baronesses, Lady Hayman and Lady Sheehan, and my noble friend Lord Lucas, is on solar panels. Renewable energy, such as that generated from solar panels, is a key part of our strategy to reach net zero—I hope that that is accepted. However, as I argued in Committee, and as I think the noble Baroness recognises, not all homes are suitable for solar panels. For instance, some homes are heavily shaded due to nearby buildings or trees. So I cannot go along with her wish to make solar panels the automatic fix in the building of new homes—it is too inflexible.
Our approach to achieving higher standards remains technology-neutral, to provide developers with the flexibility to innovate and choose the most appropriate and cost-effective solutions for their particular sites. The underpinning to that approach is that, in 2021, the Government introduced an uplift in energy-efficiency standards that newly constructed homes must meet. We expect that, to comply with this uplift, most developers will choose to install solar panels on new homes or use other low-carbon technology such as heat pumps. They have to achieve those standards somehow.
As well as delivering a meaningful reduction in carbon emissions, this uplift provides a stepping stone to the future homes standard, which we will consult on this year ahead of implementation in 2025. The future homes standard will go further, ensuring that new homes will produce at least 75% less CO2 emissions than those built to 2013 standards, which represents a considerable improvement in energy efficiency standards for new homes. Introducing an amendment to mandate solar panels would therefore be largely redundant and would risk the installation of solar panels on inappropriate houses, as I said. So, taken in the round, we think that our approach is a great deal simpler and better, and I hope that the noble Baroness will feel able not to move her amendment when we reach it.
“(9A) The spatial development strategy must take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to an area in Greater London, including in particular—(a) the areas identified in the strategy as areas which—(i) are, or could become, of particular importance for biodiversity, or(ii) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,(b) the priorities set out in the strategy for recovering or enhancing biodiversity, and(c) the proposals set out in the strategy as to potential measures relating to those priorities.”Member's explanatory statement
This amendment requires the spatial development strategy under Part 8 of the Greater London Authority Act 1999 to take account of local nature recovery strategies that relate to Greater London.
“(8A) A joint spatial development strategy must take account of any local nature recovery strategy that relates to any part of the joint strategy area, including in particular—(a) the areas identified in the strategy as areas which—(i) are, or could become, of particular importance for biodiversity, or (ii) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,(b) the priorities set out in the strategy for recovering or enhancing biodiversity, and(c) the proposals set out in the strategy as to potential measures relating to those priorities.”Member's explanatory statement
This amendment requires a joint spatial development strategy to take account of any local nature recovery strategy that relates to any part of the joint strategy area concerned.
Monday 4th September 2023
(1 year, 3 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 142-VI Sixth marshalled list for Report - (4 Sep 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Taylor of Stevenage (Lab)
My Lords, I, too, remember the days of the regional spatial strategies, and long debates in EELGA over housing numbers particularly. Like the noble Baroness, Lady Thornhill, I did not celebrate when they got the kibosh, because I thought that there was a lot of good in them—particularly in meeting the housing needs in the east of England but also on the economic development side, which was as important. A great deal of very good work was done in pulling together data and information for the whole region, in order to look at where and how best to develop particular clusters and where they would work well. So there was a lot of merit in that very strategic-level thinking.
It has moved on a bit since the days of the noble Baroness, Lady Thornhill, in Hertfordshire, with the Hertfordshire Growth Board looking at issues outside the remit of the straightforward local planning authority. For example, there is the mass rapid transit system that south and south-west Hertfordshire was looking at, which covers a number of different local authorities. Then, there is working with the local enterprise partnerships, as we did on the Hertfordshire Growth Board. There was a clear drive towards the consideration of travel-to-work areas, which was why I spoke so strongly in favour when we discussed this issue before.
I am convinced that we need to work jointly, with joint authorities, involving them in particular in the early stages, as the noble Lord, Lord Lansley, said. It is no good waiting until a draft strategy has been produced and, if there is a major game-changer in there, expecting local authorities to pick it apart and change it. It is much better for them to be engaged and involved from the very start.
The noble Lord, Lord Lansley, mentioned government Amendment 201B, which we will debate on Wednesday, which will allow combined authorities to take on planning powers. I am not going to start the whole discussion now, but we were very concerned about this. We will have a debate about it, but it seems like a very slippery slope indeed. It is far better to include local authorities and all the component parts that make up the combined authority and their neighbours in the discussion from the early days of the joint spatial development strategy.
I absolutely support the points made by the noble Baroness, Lady Thornhill, on the inclusion of districts and councils in a very real way in the decision-making on JSDSs. I think it emphasises the points we made in earlier debates, in Committee and on Report, about the importance of the full membership of combined authorities—for both tiers in two-tier areas. Those organisations are then involved right from the start, and they have a democratic mandate to be so involved.
The noble Baroness, Lady Bennett, made the important point that there are elements that will be included in joint spatial development strategies that do not stop at boundaries, and so it is very important that we work across those boundaries on such things as climate change, healthy homes, sustainable transport and biodiversity. All those things do not come to an end when you get to the end of your local plan area, so we all need to work together on how we tackle those key issues.
We are very supportive of the amendment put forward by the noble Lord, Lord Lansley. I am interested to hear the Minister’s answer as to whether the part of the schedule that covers this would stretch to make sure that this very important early-stage consultation could be included as a requirement within the Bill.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, let me first say that the aim of Amendment 192 in the name of my noble friend Lord Lansley is sensible and I understand its intention. Other authorities, such as county councils, will be essential for a successful plan, given that they are responsible for delivering a range of critical services such as highways and transport, flood risk management and waste management. Of course, county councils will also have the role of a statutory consultee for the joint spatial development strategies.
We expect engagement with other authorities to be typical good practice for any group of local planning authorities preparing a joint spatial development strategy—an SDS. Indeed, it would appear unlikely that any joint SDS that did not engage appropriately with other local government bodies could be found sound at examination. Let me make it clear that county councils are going to play an important role in the plan-making process. We envisage them not just as consultees but as being closely involved with the day-to-day production of any joint SDS. The Government have set out our intention to introduce an alignment policy via the National Planning Policy Framework to address cross-boundary and strategic issues such as travel to work areas, and this policy will be consulted on in due course.
Both my noble friend Lord Lansley and the noble Baroness, Lady Taylor of Stevenage, brought up the government amendments in the next group. Just to make it clear, Schedule 4 amendments will mean that combined county authorities will be in the same position that the Mayor of London and county councils and combined authorities are in currently in relation to the ability of the Secretary of State to invite those bodies to take over plan-making, but where a constituent planning authority is failing in its plan-making activities. It is not that they can just walk in and take over, but if the local plan is not being delivered by the planning authority then they have the right to ask the Secretary of State if they can take it over. I just wanted to make that clear, but I am sure we will have the discussion again on Wednesday.
My noble friend brought up the Secretary of State’s powers in relation to the role of county councils. I do not know that, legally. I will make sure that I find out tomorrow and I will write to my noble friend and send a copy to those in the Chamber tonight.
I am not convinced that this amendment is needed to make local planning authorities work with other authorities, notably county councils, on joint SDSs. I hope that my noble friend Lord Lansley feels he is able to withdraw his amendment at this stage.
Lord Lansley (Con)
Before my noble friend sits down, might she leave open the door to the possibility of the Government looking in particular at this question of whether the Secretary of State has sufficient powers, in relation to a joint spatial development strategy, to prescribe in guidance the way in which local planning authorities will go about the process of consulting with counties and combined county authorities? The panoply of guidance is not the same for a JSDS as it is for a local plan and it is not there in statute for a JSDS as it is for a local plan. Maybe some of it needs to be—just enough to make sure that the things my noble friend is describing that a good authority must do are there in the guidance. Maybe we will need something at Third Reading to enable that.
Baroness Scott of Bybrook (Con)
I assure my noble friend that I will continue to look at this one and see whether we can at least get it clearer so that he is happy with it.
Lord Lansley (Con)
I thank my noble friend and all those who participated in this short debate, which demonstrated a truly all-party approach to the issue. We just have to take the Government with us—apart from that it has all been absolutely fine. I think the Government agree with us in principle and in substance; we may just need a bit of an iteration on the mechanisms for doing this. Subject to that, I beg leave to withdraw my amendment.
Wednesday 6th September 2023
(1 year, 3 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 142-VI(a) Amendments for Report (Supplementary to the Sixth Marshalled List) - (5 Sep 2023)
12:04 - Division on Amendment 193A - Ayes: 173 / Noes: 156 - Amendment 193A agreed.
13:19 - Division on Amendment 195 - Ayes: 129 / Noes: 164 - Amendment 195 disagreed.
13:32 - Division on Amendment 198 - Ayes: 176 / Noes: 178 - Amendment 198 disagreed.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, Amendments 193 and 194 in the name of my noble friend, Lord Lansley, seek to require plan-making to include the strategic priorities of the authority and to ensure that a local plan can include policies relating to achieving sustainable economic growth. The Government want the planning system to be truly plan-led, to give communities more certainty.
The Bill provides clear requirements for what future local plans must include. This replaces the complex existing framework, which includes the requirement at Section 19(1B) of the Planning and Compulsory Purchase Act 2004 for authorities to
“identify the strategic priorities for the development and use of land”
in their areas. There is nothing in the Bill to stop authorities including strategic priorities and policies in future local plans. Indeed, our recently published consultation on implementing our plan-making reforms proposes that plans will need to contain a locally distinct vision that will anchor them, provide strategic direction for the underpinning policies and set out measurable outcomes for the plan period. Likewise, on the specific subject of sustainable economic growth, we are retaining the current legal requirement in Section 39 of the Planning and Compulsory Purchase Act 2004 for authorities to prepare plans with the objective of contributing to the achievement of sustainable development.
My noble friend Lord Lansley asked why the distinction between strategic and non-strategic was removed and whether the NPPF will be redrafted to reflect this. That distinction derives from previous legislation on plans, which the Bill will replace with clearer requirements to identify the scale and nature of development needed in an area. The NPPF will be updated to reflect the legislation, subject to the Bill gaining Royal Assent. In light of this, I hope that my noble friend will feel able not to press his amendment.
I turn now to Amendment 193A in the name of the noble Lord, Lord Best. This amendment seeks to require local plans to plan for enough social-rented housing to eliminate homelessness in the area. National planning policy is clear that local plans should, as a minimum, provide for objectively assessed needs for housing. In doing so, local authorities should assess the size, type and tenure of housing needed for different groups in the community, including those who require affordable housing. This should then be reflected in their planning policies. The Government are committed to delivering more homes for social rent, with a large number of new homes from the £11.5 billion affordable homes programme to be for social rent. We are also carefully considering the consultation responses to our proposal to amend national planning policy to make clear that local planning authorities should give greater importance in planning for social rent homes.
Tackling homelessness and rough sleeping is a key priority for this Government. That is why we will be spending more than £2 billion on homelessness and rough sleeping over the next three years. The Homelessness Reduction Act, which the noble Lord, Lord Best, was so influential in bringing forward, is the most ambitious reform to homelessness legislation in decades. Since it came into force in 2018, more than 640,000 households have been prevented from becoming homeless or supported into settled accommodation. We know that the causes of homelessness are complex and are driven by a range of factors, both personal and structural, and I fear that creating a link between local plans and homelessness reduction would add more complexity.
The noble Lord, Lord Best, asked why we cannot recognise housing need in local plans, particularly homelessness and affordable housing. The Bill already requires that plans set out policies for the amount, type and location of the development needed. I feel that it is a local issue, and the best way to ensure that we get the amount of particular housing needed in a particular area is for it to be put into local plans by local councils talking to local people. The noble Baroness, Lady Thornhill, asked how local needs are going to be assessed in the future and how they will be defined. This is another matter that will be considered when we update national policy. We need flexibility to address changes in circumstances, which is why policy is the best approach to this, rather than looking for definitions in legislation.
I move now to Amendment 199 in the name of the noble Lord, Lord Berkeley, and my noble friend Lord Young of Cookham. I thank the noble Lords for their amendment on this important matter. We recognise the importance of walking and cycling, and the role the planning system plays in enabling the infrastructure which supports active forms of travel. National planning policies must be considered by local authorities when preparing a development plan and are a material consideration in planning decisions. The Bill does not alter this principle and would strengthen the importance of those national policies which relate to decision-making. The existing National Planning Policy Framework is clear that transport issues, including opportunities to promote walking and cycling, should be considered from the earliest stages of plan-making and when considering development proposals. Proposals in walking and cycling plans are also capable of being material considerations in dealing with planning applications, whether or not they are embedded in local plans. Indeed, the decision-maker must take all material considerations into account, so there is no need to make additional provision in law as this amendment proposes.
The Government are delivering updates to the Manual for Streets guidance to encourage a more holistic approach to street design which assigns higher priorities to the needs of pedestrians, cyclists and public transport. We are also working closely with colleagues in the Department for Transport to ensure local transport plans are better aligned with the wider development plan.
The noble Lord, Lord Young, asked if the NPPF policy requiring a high bar to refuse proposals on transport grounds will be changed. As he knows, we have committed to a full review of the NPPF, part of which will need to look at all the aspects of policy, including how best to provide for walking and cycling.
I move now to government Amendments 196C, 196D, 201B, 201C and 201D. These are consequential on Clause 91 and Schedule 7 to the Bill which, when commenced, will introduce a new development plans system. They amend and supplement consequential amendments to Schedule A1 to the Planning and Compulsory Purchase Act 2004 made by Schedule 4 to the Bill relating to the creation of combined county authorities. The Schedule 4 amendments will mean that combined county authorities will be in the same position as the Mayor of London, county councils and combined authorities are currently in relation to the ability of the Secretary of State to invite those bodies to take over plan-making where a constituent planning authority is failing in its plan-making activities. The noble Lord, Lord Stunell, asked what will happen if they do not want to do so. I do not think we can force them, but there are a couple of things we can do if local authorities are not producing local plans in a timely manner or at all. For example, the Secretary of State will be a commissioner who could take over the production of the plans, or the local secretary of state could take that into his own hands. We are not going to force them, but it will be an offer they can make in order that their county combined authorities have the correct plans in place to shape their communities in the correct way.
In light of the new plan-making system being introduced by the Bill, a number of consequential amendments to Schedule A1 to the 2004 Act are already provided for by Schedule 8 to the Bill. Broadly speaking, they will update Schedule A1 to ensure that the provisions can operate within the new plan-making system. As such, in light of these wider reforms, these further amendments are needed to ensure that the new provisions which Schedule 4 to the Bill will insert into Schedule A1 are updated accordingly when the new plan-making system comes into effect. I hope noble Lords will support these minor and consequential changes.
Finally, the Bill ensures that neighbourhood plans will continue to play an important role in the planning system and encourage more people to participate in neighbourhood planning. For example, it will mean that future decisions on planning applications will be able to depart from plans, including neighbourhood plans, only if there are strong reasons to do so. While the Bill retains the existing framework of powers for neighbourhood planning, it will also provide more clarity on the scope of neighbourhood plans alongside other types of development plan. It amends the list of basic conditions set out in Schedule 4B to the Town and Country Planning Act 1990 which new neighbourhood development plans and orders must meet before they can be brought into force.
Amendment 197 would make corresponding changes to the basic conditions set out in paragraph 11(2) of Schedule A2 to the Planning and Compulsory Purchase Act 2004 so that the same conditions apply when an existing neighbourhood development plan is being modified. These changes are necessary to ensure that these neighbourhood plans receive consistent treatment.
Lord Lansley (Con)
I am most grateful to all noble Lords who participated in this rather important debate. From my point of view, in considering whether strategic policies should be distinguished from non-strategic policies in plan-making, I asked my noble friend a question and I got a reply. It is an interesting reply because by simply asserting that the local plan must include, in effect, all policies, my noble friend is saying that that is clearer than the present structure which distinguishes between strategic policies and non-strategic policies.
Noble Lords may say that we are all dancing on the head of a pin—I do not think so. The noble Baroness, Lady Taylor of Stevenage, made an extremely good point: identifying strategic priorities in a local planning authority’s local plan is a key component of creating spatial development strategies in a broader area. That would be extremely helpful.
None the less, what my noble friend has told me is going to be an interesting conclusion for people to draw. We are now told that the consultation draft of the National Planning Policy Framework, which was published on 22 December following the passage of this Bill in the other place, did not take account of what is in the Bill. This is rather interesting. It means that if we change the Bill, we can change the NPPF—which, from the point of view of my noble friend’s and other amendments, is a very helpful thought that we might take up. I do not think that the revisions that will follow to the NPPF will be as wide ranging as my noble friend implied, because that would mean that they would do away with much of what is written presently into the chapter on plan-making.
Baroness Scott of Bybrook
“(6A) The local plan must take account of any local nature recovery strategy that relates to all or part of the local planning authority’s area, including in particular—(a) the areas identified in the strategy as areas which—(i) are, or could become, of particular importance for biodiversity, or(ii) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,(b) the priorities set out in the strategy for recovering or enhancing biodiversity, and(c) the proposals set out in the strategy as to potential measures relating to those priorities.”Member’s explanatory statement
This amendment requires a local plan to take account of any local nature recovery strategy that relates to any part of the area of the authority preparing the plan.
Baroness Scott of Bybrook (Con)
My Lords, I am grateful for the contributions made on this important issue. I reiterate at the outset that delivering more homes remains a priority for this Government, as the Prime Minister and the Secretary of State made clear in the long-term plan for housing, which they set out at the end of July.
Local plans play a crucial role in enabling new homes to come forward, which is why the National Planning Policy Framework is clear that all plans should seek to meet the development needs of their area. Nothing we consulted on at the end of last year changes that fundamental expectation. There will, however, be limits on what some plans can achieve, which is where I must take issue with Amendment 195, in the names of my noble friends Lord Lansley and Lord Young, the noble Lord, Lord Best, and the noble Baroness, Lady Hayman of Ullock.
Amendment 195 would place local plans under a legal obligation to meet or exceed the number of homes generated by the standard method prescribed by the Government. Amendment 200, in the name of the noble Baroness, Lady Hayman of Ullock, is designed to have a similar effect. While this is well intentioned, it would be unworkable in practice. Ever since the National Planning Policy Framework was introduced in 2012, it has been clear that plans should meet as much of their identified housing need as possible, but there are legitimate reasons why meeting or exceeding that need may not always be appropriate. For example, an authority with very extensive areas of green belt or which is largely an area of outstanding natural beauty or a national park may not be able to meet its identified housing need in full if we are also to maintain these important national protections. In these cases, there will be a need to consider whether any unmet need can be met elsewhere, which is something that our policies also make clear.
It is for this reason that our standard method for calculating housing need—or, indeed, any alternative method which may be appropriate in certain cases—can be only a starting point for plan-making, not the end. Mandating in law that the standard method figures must be met or exceeded in all cases would do significant harm to some of our most important protected areas and could conflict with other safeguards, such as the need to avoid building in areas of high flood risk.
It is also right that local communities should be able to respond to local circumstances. The changes to national policy which were consulted upon at the end of last year are designed to support local authorities to set local housing requirements that respond to demographic and affordability pressures while being realistic, given local constraints. However, let me make it clear: the Secretary of State’s Written Ministerial Statement, published on 6 December 2022, confirmed that the standard method for assessing local housing need will be retained. To get enough homes built in the places where people and communities need them, a crucial first step is to plan for the right number of homes. That is why we remain committed to our ambition of delivering 300,000 homes per year and to retaining a clear starting point for calculating local housing needs, but we know that the best way to get more homes is by having up-to-date local plans in place.
Amendment 196, in the name of my noble friends Lord Lansley and Lord Young, takes a different approach, obliging local planning authorities to have regard to any standard method and any national housing targets when preparing their local plans. I will put this more bluntly still: there is no question that we are about to let local authorities off the hook in providing the homes that their communities need. They need to have a plan, it should be up to date, it needs to do all that is reasonable in meeting the needs of the local area and, in response to the question asked by the noble Baroness, Lady Pinnock, it needs to look at different types of housing. They need to know how much housing is required for older people, younger people, families and disabled people. That is what their plan should have. We have discussed this with local authorities and will be working with them to ensure that that will happen.
A need to have regard to the standard method is already built into the Bill, as Schedule 7 requires local planning authorities when preparing their local plan to have regard to
“national policies and advice contained in guidance issued by the Secretary of State”.
That includes the National Planning Policy Framework, its housing policies, including those relating to the use of the standard method, and associated guidance. Adding a specific requirement to have regard to the standard method would have no additional effect as planning authorities will already take it into account and draft plans will be examined against it.
A legal obligation to take any national housing target into account, which this amendment would also create, poses a different challenge as it is unclear how plans at the level of an individual local authority could do so. This could create unintended consequences by creating an avenue for challenges to emerging plans on the basis that they have not done enough to reflect a national target and so could slow down the very plans that we need to see in place.
I hope that, taking these considerations into account, my noble friend Lord Lansley is persuaded not to move his amendment.
Baroness Scott of Bybrook
“(5A) The minerals and waste plan must take account of any local nature recovery strategy that relates to all or part of the relevant area, including in particular—(a) the areas identified in the strategy as areas which—(i) are, or could become, of particular importance for biodiversity, or(ii) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,(b) the priorities set out in the strategy for recovering or enhancing biodiversity, and(c) the proposals set out in the strategy as to potential measures relating to those priorities.”Member's explanatory statement
This amendment requires a minerals and waste plan to take account of any local nature recovery strategy that relates to any part of the relevant area.
Baroness Scott of Bybrook
(b) take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to all or part of the neighbourhood area, including in particular—(i) the areas identified in the strategy as areas which—(A) are, or could become, of particular importance for biodiversity, or(B) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,(ii) the priorities set out in the strategy for recovering or enhancing biodiversity, and(iii) the proposals set out in the strategy as to potential measures relating to those priorities.”Member's explanatory statement
This amendment requires neighbourhood development plans to take account, so far as appropriate, of any local nature recovery strategy that relates to all or part of the neighbourhood area to which the plan relates.
Baroness Scott of Bybrook
“(3) In paragraph 11(2) of Schedule A2 to PCPA 2004 (modification of neighbourhood development plans: basic conditions)—(a) for paragraph (c) substitute—“(ca) the making of the plan would not result in the development plan for the area of the authority proposing that less housing is provided by means of development taking place in that area than if the draft plan were not to be made,”; (b) after paragraph (d) (but before the “and” at the end of that paragraph) insert—“(da) any requirements imposed in relation to the plan by or under Part 6 of the Levelling-up and Regeneration Act 2023 (environmental outcomes reports) have been complied with,”Member's explanatory statement
This amendment updates the basic conditions which must be met for a modification of a neighbourhood development plan, so that they correspond to those that will apply for making a neighbourhood development plan once the amendments already included in Clause 93 are made.
Wednesday 6th September 2023
(1 year, 3 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 142-VI(a) Amendments for Report (Supplementary to the Sixth Marshalled List) - (5 Sep 2023)
17:43 - Division on Amendment 201 - Ayes: 158 / Noes: 166 - Amendment 201 disagreed.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Lord Bishop of Southwark
My Lords, the noble Baronesses, Lady Hayman and Lady Bennett, and the noble Lord, Lord Stunell, have all spoken eloquently on Amendment 201, which I support. I thank them for tabling it.
The independent Archbishops’ Commission on Housing reported in March 2021, and your Lordships’ House may recall the debate that the most reverend Primate the Archbishop of Canterbury secured on 24 March 2021, on the subject of housing. I simply wish to highlight a few points from that which I believe are relevant to the debate on this amendment.
The first is that the object of central government policy and of legislation should always be the ready provision of good housing—homes in which people want to live, in areas capable of flourishing. Too often, sadly, that is not the case, and we build among the smallest dwellings in Europe. Secondly, we require a bipartisan approach that enables a consistent policy to be followed across decades, and not one that is beholden to the sort of interests that have so limited housebuilding. It is worth remembering, as has already been mentioned today, that the last year in which we achieved house- building at the current target of 300,000 was 1969, over 50 years ago. Thirdly, we require a definition of affordable housing that relates specifically to income. Without this, any policy on affordable housing will fail. I support Amendment 201.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing and Communities (Baroness Scott of Bybrook) (Con)
My Lords, Amendment 201 in the name of the noble Baroness, Lady Hayman of Ullock, relates to the definition of affordable housing. The amendment proposes a consultation on the definition that currently appears in the National Planning Policy Framework. We have had good debates about these issues, both today and in Committee, and I recognise the strength of feeling around the importance of ensuring that affordable housing meets the needs of those who require it.
I can reaffirm the Government’s commitment to delivering more houses for social rent. We are carefully considering the consultation responses to our proposal to amend national planning policy to make clear that local planning authorities should give greater importance in planning for social rent homes. A large number of the new homes delivered through our £11.5 billion Affordable Homes Programme will be for social rent.
Nevertheless, it is also important that the definition of affordable housing in the NPPF provides local authorities with sufficient flexibility to plan for the type of affordable housing that is needed in their area. The existing definition includes a range of affordable housing products for those whose needs are not met by the market. Those needs will vary depending on people’s circumstances and in different housing markets.
I am also mindful of the point made during our debate in Committee by my noble friend Lord Young of Cookham, about the trade-off between the level of discount that a type of affordable housing provides and the number of such homes that can be delivered.
We all agree that we need to consider this issue further. That is why we have committed to a wider review of the national planning policy once the Bill has received Royal Assent. That will include the production of a suite of national development management policies. This work will need to consider all aspects of national policy—and that includes the way that affordable housing is defined and addressed—and would be subject to consultation. I look forward in that consultation to hearing all the views from the sectors which have been mentioned this afternoon. I think we all agree on this.
What we do not agree on is how we should process this particular issue that we want to deliver. I therefore hope that the noble Baroness, Lady Hayman of Ullock, feels able to withdraw her amendment at this stage.
Amendments 201A and 285A from the noble Lord, Lord Stunell, raise two important matters relating to affordable housing. The first matter is how affordable housing is defined for the purposes of this Bill. The approach has been to link this to the definition of social housing in the Housing and Regeneration Act 2008. This definition encompasses both rented and low-cost home ownership accommodation that is made available in accordance with rules designed to ensure it is made available to people whose needs are not adequately served by the commercial housing market. While I understand the noble Lord’s argument that affordable housing should be defined more tightly, I am eager to avoid depriving local authorities of sufficient flexibility to determine what is most appropriate to meet the needs of their area.
However, the Government are taking action to secure the delivery of more social rented homes, as I have said, for which rents are set using a formula that takes account of relative local incomes. A large number of these new homes, as I have said before, will be delivered through our £11.5 billion Affordable Homes Programme and will be for social rent.
We are also carefully considering the consultation responses to our proposal to amend the national planning policy to make clear that local planning authorities should give greater importance in planning for social rent homes. The noble Lord, Lord Stunell, also raised the disclosure of information relating to the viability of affordable housing in housing developments. Although I recognise that the noble Lord is seeking to improve the transparency of this process, I do not believe that the change he is proposing is necessary. As discussed earlier on Report, the new infrastructure levy will allow local authorities to require developers to pay a portion of their levy liability in kind in the form of on-site affordable housing. This new “right to require” is designed to replace site-specific negotiations of affordable housing contributions.
While viability assessments may be used in setting infrastructure levy rates, any developer that wishes information to be taken into account must submit it to be examined in public. Levy rates and charging schedules will be matters of public record.
Lord Stunell (LD)
I hesitate to interrupt the Minister, but can she confirm that the infrastructure levy will not be operational in most of England for another eight or 10 years?
Baroness Scott of Bybrook (Con)
As the noble Lord knows, we have already discussed this. We will have a test and learn throughout the country and then a rollout, but with any large change in any planning system, as with the community infrastructure levy, it will take time—up to 10 years, we believe.
Levy rates and charging schedules will be matters of public record, as I said. For these reasons, I hope that the noble Lord will agree not to move his amendments.
Baroness Hayman of Ullock (Lab)
My Lords, I thank all noble Lords who have taken part in this debate and the Minister for her response. I welcome the right honourable Michael Gove to the Chamber and thank him for taking the time to listen to our debate. Clearly, he is enthralled by our discussions at the moment, and I am sure that he will take our concerns away for further consideration.
Baroness Scott of Bybrook
“(8A) In paragraph 7ZA (inserted by paragraph 156 of Schedule 4), in paragraph (b) of the definition of “constituent planning authority”, for “29” substitute “15J”.(8B) For paragraph 7ZB (inserted by paragraph 156 of Schedule 4) substitute—“7ZB “(1) This paragraph applies if the Secretary of State thinks that a constituent planning authority are failing to do anything it is necessary or expedient for them to do in connection with the preparation, adoption or revision of a local plan.(2) If the local plan has not come into effect, the Secretary of State may invite the combined county authority to take over preparation of the local plan from the constituent planning authority, in which case the combined county authority may do so.(3) If the local plan has come into effect, the Secretary of State may invite the combined county authority to revise the local plan, in which case the combined county authority may do so.”(8C) In paragraph 7ZC (inserted by paragraph 156 of Schedule 4)—(a) in sub-paragraph (1), for “development plan document” substitute “local plan”;(b) after that sub-paragraph insert—“(1A) If the combined county authority are to prepare the local plan, the combined county authority must publish a document setting out—(a) their timetable for preparing the plan, and(b) if they intend to depart from anything specified in a local plan timetable in relation to the plan, details of how they intend to depart from it.”;(c) for sub-paragraph (4) substitute—“(4) The combined county authority may then—(a) where the combined county authority have prepared a local plan, approve the local plan subject to specified modifications or direct the constituent planning authority to consider adopting the local plan by resolution of the authority, or(b) where the combined county authority are to revise a local plan, make the revision or make the revision subject to specified modifications.”(8D) In paragraph 7ZD (inserted by paragraph 156 of Schedule 4)—(a) for sub-paragraph (1) substitute—“(1) Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination held under paragraph 7ZC(2)—(a) reading references to the local planning authority as references to the combined county authority, and(b) in the case of an independent examination of a proposed revision, reading references to a local plan as references to the revision.”;(b) in sub-paragraph (3)(a), omit “or omitted”;(c) in sub-paragraph (4)—(i) for “joint local development document or a joint development plan document” substitute “joint local plan”;(ii) for “the document” substitute “the plan”.” Member’s explanatory statement
This amendment to Schedule 8 to the Bill makes amendments to Schedule A1 to the Planning and Compulsory Purchase Act 2004 in connection with provision for development plans under Part 3 of the Bill. The amendments amend and supplement consequential amendments to Schedule A1 to the 2004 Act made by Schedule 4 to the Bill relating to the creation of combined county authorities.
“(A1) The Listed Buildings Act is amended as follows.(A2) In section 3 (temporary listing in England: building preservation notices), after subsection (1) insert—“(1A) Before serving a building preservation notice under this section, the local planning authority must consult with the Commission. (1B) Subsection (1A) does not apply where the Commission proposes to serve a building preservation notice under this section (see subsection (8)).””Member’s explanatory statement
This amendment inserts a new duty into the Planning (Listed Buildings and Conservation Areas) Act 1990 for local planning authorities to consult the Historic Buildings and Monuments Commission for England (“Historic England”) before serving a building preservation notice under that Act. The duty does not apply in cases where Historic England is carrying out the functions of a local planning authority.
The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, I will speak to this group of amendments as Minister for Heritage. I will speak first to Amendments 202A and 202B, which regard building preservation notices.
His Majesty’s Government recognise that, although building preservation notices provide a useful means of protecting buildings for up to six months while they are being considered for listing, it is important that they should not be used inappropriately or injudiciously.
Further to our debate in Committee, my amendment to Clause 99 should help to provide that reassurance. It introduces a requirement on local planning authorities to consult Historic England before serving a building preservation notice, drawing on Historic England’s expert knowledge about the historic environment to help advise local planning authorities before they issue a building preservation notice. This practice is common- place today, although not universal; the amendment seeks to solidify this practice as a duty on the local planning authority. In addition, His Majesty’s Government will issue guidance after the Bill has become law, setting out the manner in which local planning authorities need to consult Historic England. For example, where the planning authority’s view differs from Historic England’s, it should set out why it has come to that conclusion.
By tabling this amendment, the Government are showing that we have listened to the concerns raised at earlier stages yet remain committed to ensuring the best protection possible for our nation’s most loved and valued heritage.
I am grateful in particular to Historic Houses for the time and willingness they have shown in discussing this issue with me.
I turn to Amendment 271A, in my name, which concerns blue plaques. For a century and a half, blue plaques have helped people to learn about and celebrate their local heritage and to take pride in their local community. More than 900 have been erected, celebrating people as diverse as Ada Lovelace, Jimi Hendrix and Mohandas Gandhi—but only in London, for, while there are many brilliant local schemes across the country, the official scheme backed in statute is limited to London alone.
Baroness Hayman of Ullock (Lab)
I thank all noble Lords who have taken part in this very interesting debate. I start by thanking the noble Lord, Lord Parkinson of Whitley Bay, for his introduction and for the amendments that he introduced. It was good to see that we have the negative procedure being applied in some areas. As others have done, I too welcome the rollout of the blue plaques, but I also support the comments regarding women and diversity. I am sure that he will take those away.
My noble friend Lady Andrews, as always, introduced her important amendments eloquently and clearly. I will not go into detail but want to let the House know that we fully agree with and support her amendments and the arguments that she put forward urging the Government to accept what she believes is absolutely the right way to move forward on this. I thank the Victorian Society for its very helpful briefing on this. I absolutely agree with my noble friend that one big concern that has come across in the debate, particularly regarding the Crooked House, of course, is that we have been too casual about demolition in our society. The Crooked House demolition raised very highly up the agenda the public’s concerns when something like that happens in their local community. As the noble Lord, Lord Carrington, said, it appeared that the building was about to be listed, so it is quite shocking that it was able to happen. We need to ensure in future that buildings of such importance to localities cannot just be demolished like that.
We heard during earlier discussions on the Bill about the release of carbon when buildings are demolished. The noble Lord, Lord Ravensdale, had an amendment on this and it was mentioned by my noble friend and by the noble Baroness, Lady Bennett of Manor Castle. Again, that now needs to be part of the discussions. Also, I really agree with the noble Baroness’s comments on tidiness. We are too concerned about tidiness and that has impacts on all sorts of areas and our environment.
My noble friend also had an amendment around the importance of the local list that communities now have of buildings that are important to those local communities. We should all applaud my noble friend Lady Taylor, because I understand that she has set up such a list. But the concerns are how little weight that then has in planning and how little understanding there is of it, so my noble friend’s amendment is important in this aspect.
The noble Lord, Lord Northbrook, introduced his amendments, which are similar to those he had in Committee, so I will not go into detail. However, he raised concerns about the approval of inappropriate developments and the importance of what local residents feel about them. That should be taken proper account of and, again, we would very much support him in that. We believe that local residents should be listened to and that there should be proper consultation.
On replacement windows in conservation areas, it is really important that we have a sensible and practical approach to this. I know that we talked about like for like and heard that other materials can be used, but that is not always the way things are interpreted, unfortunately. There is a house near to me where the windows are going to fall out because like for like insists on hardwood, and the residents cannot afford it. There needs to be more flexibility and practicality. Also, in the conservation area in Cockermouth after the flooding, households were told that they were not allowed to put in flood doors, which seems a ridiculous situation for us to be in.
In my last two comments, I thought the noble Lord, Lord Redesdale, made some very good points on his amendments, particularly regarding dispute resolution, environmental record services and archives. The noble Earl, Lord Lytton, as always, made some very important points. He has enormous knowledge and practical expertise in this area.
This debate has shown that there are serious concerns about heritage and conservation, areas that could move forward quite sensibly and practically with government support. I look forward to the Minister’s response.
Lord Parkinson of Whitley Bay (Con)
I am grateful, first, to all those noble Lords who expressed their support for the amendment relating to the extension of the blue plaque scheme. I am glad to see that it has had support from across the House, as it did from the cross-party Local Government Association, so I am grateful to all those who mentioned it in their contributions now.
My noble friend Lord Lexden was particularly kind. He was right to point out that one of the motivations here is to increase people’s curiosity and knowledge about the past, including untold or surprising stories. I am glad to hear of the progress that he and the noble Baroness, Lady Stuart of Edgbaston, are making with their campaigns for plaques—not blue ones, but important ones—in Birmingham to the two sons of that city and of Joseph Chamberlain, who is already commemorated. My noble friend is right that they are people of international and national significance, as well as of great local pride. I look forward to seeing those plaques added to the Chamberlain memorial.
I am also grateful for what my noble friend Lord Mendoza said about the importance of the blue plaques scheme in increasing people’s connection to and sense of pride in place. That is a very important aspect of the scheme.
The noble Baronesses, Lady Bennett of Manor Castle and Lady Hayman of Ullock, are right to point to the need for a greater diversity of stories. That is something that English Heritage has been focusing on in recent years. For instance, of the plaques that have been unveiled since 2016, more than half have been to women. The noble Baroness is right that there is a job of work to do to ensure that we are telling more untold stories of women, working-class people, people of colour, people of minority sexualities and so much more. I hope one of the benefits of extending the scheme across all of England will be being able to draw on the greater diversity of the country in telling those stories, which are always so interesting and important.
The noble Baroness, Lady Pinnock, asked some questions on blue plaques. Yes, local schemes—which, as I say, have operated for many years in parallel—will be able to do so. In fact, a number of London boroughs organise their own schemes on top of the blue plaques scheme which has operated in the capital—so the more the merrier, I say.
I was remiss in not thanking the noble Earl, Lord Lytton, in my opening speech in relation to the amendment when I thanked the Historic Houses association, with which I know he has been in touch. I am grateful to him for the time and attention he has given this and for the discussions we have had on that amendment.
The noble Baroness, Lady Pinnock, rightly asked a few more questions on BPNs. Our original proposal was without this further amendment recognising the need for speed in these instances. I reassure her that Historic England is adept at dealing with these and other listing and heritage matters quickly when the situation needs, and there is an expedited process for listing when something is believed to be at risk. One of the advantages of having Historic England’s chairman in your Lordships’ House is that my noble friend Lord Mendoza will have heard those points and be able to reflect them back to Historic England, which already works quickly. That point will be carefully considered in the production of the necessary guidance. I hope that addresses her concerns on BPNs.
I turn now to the amendments in this group tabled by other noble Lords. I am very grateful to my noble friend Lord Northbrook for tabling Amendment 203 and for the correspondence we have had on this issue this week. His amendment seeks to require that, in meeting their statutory duty under Section 72, local planning authorities should have regard to any relevant advice produced by Historic England. I agree that this should be the case, but it is already something that local planning authorities do, and the Government’s planning practice guidance points them to Historic England’s advice.
My noble friend Lord Bellingham is right to remind us that Historic England has a duty to liaise with local authorities, and I hope he will be reassured by what our noble friend Lord Mendoza said about the frequency with which it does that. When our guidance is next reviewed, I am happy to ask officials to consider whether the links to Historic England’s advice could be strengthened. I hope that, with that assurance, my noble friend Lord Northbrook will be content not to press his Amendment 203.
Amendment 204, also in my noble friend’s name, relates to replacement windows in conservation areas. An existing permitted development right allows for enlargement, improvement or other alteration to a dwelling-house. That is subject to a condition that the materials used in any exterior work—other than those used in the construction of a conservatory—must be of a similar appearance to those used in the construction of the exterior of the existing dwelling-house. That applies to replacement windows in conservation areas. The Secretary of State for Levelling Up, in his housing speech in July, launched a consultation which included a proposal to apply local design codes to permitted development rights. He also announced that the Government will consult this autumn on how to better support existing homeowners to extend their homes. On top of that, the Government are undertaking a review of the practical planning barriers which house- holders can face when installing energy-efficiency measures.
Although I am grateful to my noble friend for raising this issue, I hope he will understand that it would be premature to accept his Amendment 204, as it would curtail the scope of any legislative recommendations that the review might set out in due course. Additionally, powers to amend permitted development rights already exist in primary legislation. For these reasons I cannot support Amendment 204 but am happy to reassure my noble friend that we keep permitted development rights under review.
Baroness Andrews (Lab)
I thank the noble Lord for what he has just said. It is an important step forward to get a consultation on the two propositions and the two sets of dates that might apply with Amendment 204A. That is very important and very good news, and I am very grateful. Can the noble Lord say anything about the timetable? I presume that he is talking about the normal 12-week public consultation period. Is there anything we can pass on to the community about preparation for such a consultation? Could the Minister write to me about whether there is a consultation within DLUHC on permitted development as a whole? It would be very useful to have that information.
Lord Parkinson of Whitley Bay (Con)
I will happily write to the noble Baroness with the information she seeks, including confirmation of the timelines for the consultation, which I expect will meet the normal provisions. I am afraid I cannot give her a date, but we will do it shortly—if I am able to give any greater finesse to her in writing, I will do so gladly.
Member’s explanatory statement
This amendment is consequential on the amendment made to line 1 of Clause 99 in the Minister’s name.
Earl Howe
“(g) such other area as may be specified or described in regulations made by the Secretary of State.”Member’s explanatory statement
This amendment confers a regulation-making power on the Secretary of State to specify or describe other areas to be excluded from the remit of street vote development orders.
Earl Howe (Con)
My Lords, I beg to move Amendment 205 and will speak to the seven other government amendments in this group. In doing so, I thank your Lordships’ Delegated Powers and Regulatory Reform Committee for its scrutiny of the Bill, which has informed these amendments in my noble friend’s name.
Amendments 205 and 206 will replace the Henry VIII power to add to, remove from or amend the list of excluded areas under new Section 61QC with a power to specify or describe additional excluded areas in regulations. Amendments 207 and 208 will replace the Henry VIII power to add to, remove from or amend the list of excluded development under new Section 61QH with a power to specify or describe in regulations additional excluded development. Amendment 211 removes the power to make regulations excluding the application of Schedule 7A to the Town and Country Planning Act 1990 in relation to planning permission granted by a street vote development order. This power will permit modification only of the application of statutory biodiversity net gain requirements. These amendments address specific recommendations made in the report of the Delegated Powers and Regulatory Reform Committee.
In addition, to address the general points made by the committee, Amendments 209 and 210 will also remove the remaining Henry VIII power in new Section 61QI to add to, amend or remove requirements from the list of requirements that planning conditions requiring a Section 106 obligation must meet, with a power to prescribe additional requirements in regulations. Amendment 213 specifies that the three new regulation-making powers replacing the Henry VIII powers will be subject to the affirmative procedure.
I hope these amendments demonstrate the seriousness with which the Government take the question of appropriate delegation and the recommendations of your Lordships’ Delegated Powers and Regulatory Reform Committee. I commend them to the House.
Lord Young of Cookham (Con)
My Lords, I will speak to Amendments 212 and 214 to 216 in my name. Earlier today, I spoke on what I regard as the most important clause in the Bill, and I will now speak briefly on what I regard as the least important clause, which is perhaps why there was a mass exodus before we reached this group.
We return now to the subject of street votes, on which I expressed my views forcefully in Committee. The ensuing debate on my amendments exhibited little enthusiasm for this policy—indeed, there was a large degree of suspicion and scepticism from those who spoke, all of whom had a background in local government, which would have to operate the policy.
I think it would be fair to say that a number of key questions remained unanswered, as the policy was clearly work in progress. For example, neither in the debate nor in the letter that my noble friend subsequently wrote was he able to say what a “street” was, what the policy might cost or who would pay. It turned out that a short-term tenant in a property would have a vote, but the owner would not. A street vote could overturn a recently adopted neighbourhood plan or district plan, and there would be no requirement for affordable housing. Many questions were answered with the reply that this was a matter for consultation.
My noble friend Lord Howe shipped a fair amount of water when he wound up the debate on 20 April. He wrote to me after the debate on 10 July and, although I would never accuse my noble friend of insincerity, when he ended his letter by saying that he “looked forward” to considering this measure further with me as we moved to the next stage of the Bill, he may have had his tongue in his cheek.
In a nutshell, the policy of allowing street votes to determine planning applications was shoehorned into the Bill at a late stage: on Report in the other place. It was fast-tracked from the bubbling vat of a think tank into primary legislation, with no Green Paper and no consultation with the LGA, the TCPA or the public. On the way, it displaced the placeholder in the Bill for the abolition of the Vagrancy Act, which, by contrast, had been extensively consulted on and had all-party approval.
Not only is the policy heroically unready for legislation, but it sits uneasily with the thrust of the Bill, which is to inject certainty into the planning process. The LGA has opposed it and it was panned by the DPRR committee, which wanted whole sections of the clause removed—which has not happened, although I welcome the changes that my noble friend has announced.
I was confused by the explanatory notes to government Amendments 205 and 206, which seem to contradict each other. Amendment 205
“confers a regulation-making power on the Secretary of State to specify or describe other areas to be excluded from the remit of street vote development orders”.
Amendment 206
“removes the power to add, amend or remove an area which is excluded from the remit of street vote development orders”.
I am sure there is an explanation and I would be happy to get it in a letter, but the amendments, however interpreted, reinforce the original objection of the DPRRC, which said of these clauses:
“A common thread runs through them all: in each case, we consider that the power relates to matters that are too significant in policy terms to be left to be determined by regulations”.
The power in one of the amendments could, in effect, designate the whole of England as excluded from the remit of street vote development orders and at a stroke cancel the policy.
Baroness Taylor of Stevenage (Lab)
My Lords, the discussions and continuing concerns in relation to the proposals in the Bill on street votes once again make the strong case for pre-legislation scrutiny. As the noble Lord, Lord Young, outlined, these proposals seem to have been fast-tracked straight into the Bill without any consultation with the sector that might have avoided some of the many concerns we now have. We note that the government amendments are already starting to recognise some of the complexities inherent in the proposals for street votes, which were explored in great detail in Committee. Considerable questions remain to be answered about the process, finances and other resources, and the relationship with other elements of the planning system.
First, let me be clear that we understand and support the idea behind the proposal of greater public engagement in planning matters, on which I agree with the noble Baroness, Lady Thornhill. Our concerns are about the detail. Why could that engagement not be advisory to planning, rather than a formal planning process in its own right? There does not appear to have been any assessment of the cost and resource implications of street votes, which could be considerable—for example, additional cost to the local planning authority under new Section 61QD relating to support for the process of street votes. New Section 61QE is the provision for organising the prescribed referenda, and we all know how expensive it is to hold a referendum. New Section 61QK allocates financial assistance for street votes and could, for example, result in hefty consultancy fees, particularly bearing in mind that it is likely that many street vote processes will rely on external consultancy support if they are to prepare papers to a standard that will meet the test of an inquiry in public. The provision for loans, guarantees and indemnities in relation to street votes projects is in the Bill; how and by whom will the due diligence be done on these? That in itself could present a major burden to local authorities.
Lastly, Clause 101 of the Bill makes provision for developments that come forward from the street vote process to be subject to community infrastructure levy. As it has taken local authorities some years since the implementation of CIL to become proficient in negotiating these agreements, and they could take considerable time and expertise, just who is going to undertake that work? Secondly, there is the potential for this to place even further burdens on the Planning Inspectorate, where there does not seem to be, at the current time, enough capacity to deal with current workloads.
We were very grateful to the noble Earl, Lord Howe, for his letter addressing the concerns we expressed in Committee—concerns raised by the noble Lord, Lord Stunell, on the relationship with neighbourhood plans, and the noble Baroness, Lady Pinnock, on the definition of a street. I think the noble Lord, Lord Young, clearly outlined how that may get complicated, and I have my own concerns about the finance. In relation to the considerable concerns on the financial and resource aspects, we feel it would have been far more helpful for those who have been promoting street votes to have carefully assessed the impact before the proposals came forward. The letter of the noble Earl, Lord Howe, stated:
“The Government is aware street votes will require local planning authorities and the Planning Inspectorate to perform functions in the process, and that these will result in new burdens and associated costs. The extent of these costs will be clearer as we develop the detail of new regulations. New burdens on local planning authorities will be assessed and addressed in accordance with well-established convention, and costs incurred by the Inspectorate will be taken into account as we determine future budget allocations”.
We have to ask: is the considerable additional funding that may be needed to meet these costs really a priority in a time of such considerable budget and funding pressures, both for the Government and for local government? I note that the Local Government Association continues to oppose these proposals.
I add my thanks to those on the Delegated Powers and Regulatory Reform Committee, who have looked at this in great detail and at least undertaken some of the scrutiny that might have been useful before the proposals went into the Bill. The noble Lord, Lord Young, outlined that there are many questions still remaining on this. He ably set out a very clear example of how the flaws in the thinking behind the proposal might impact on local people. The noble Baroness, Lady Thornhill, spoke about the relationship between these orders and other neighbourhood and local plans which will be made.
I note that the noble Lord, Lord Young, wishes to strike the clauses out of the Bill. He made a very cogent case for doing so. I think his term was “heroically unready for legislation”, which I will not comment on, but it was a good term. If the Minister does not take the advice of the noble Lord, Lord Young—and that may be so, as I understand that the Secretary of State has been convinced of the merits of street votes—can I make a strong plea that there is some engagement with the sector about the detail of how street votes will work before we go any further with this?
Earl Howe (Con)
My Lords, I am naturally sorry that I have not been able to persuade my noble friend to give his support to the clauses in the Bill that would allow for the introduction of street vote development orders. We firmly believe that this policy has the potential to boost housing supply by helping to overcome resistance in communities to new housebuilding, which can be a major barrier preventing us from building the homes we need. I was most grateful for the support expressed for the policy by the noble Baroness, Lady Thornhill. She was quite right in her remarks. Local people often feel that development is imposed on them and that they have little say on what gets built and how it is designed. That can lead to local opposition to new housebuilding and can discourage people from bringing development forward. Street vote development orders will help to address that issue.
As a country, we build very few new homes in our existing suburbs. Research by the Centre for Cities in 2020 found that over one-fifth of neighbourhoods outside city centres have built no new houses since 2011, while half of these suburban neighbourhoods have built less than one home each year. There is, therefore, a huge opportunity to make better use of our existing urban land to develop the homes we need, particularly in low density suburban areas. We can more effectively take advantage of this opportunity if we incentivise residents to support additional development in these areas. This is where street votes can really help.
This policy will provide the means for residents to work together and decide what development is acceptable to them, and to shape that development so that it fits with the character of their street. After a street vote development order has been made, it will mean that home owners can develop their properties with much greater confidence that their neighbours will be supportive of what they are doing, providing the development complies with the terms of the order. The value of property may increase as a result of a street vote development order, so there is a strong incentive for home owners to work with their neighbours to prepare one. There may also be benefits for those who do not own their property, including environmental improvements in their street and a greater choice of accommodation in the area. Prescribed requirements, including on what type of development is allowed, as well as detailed design requirements such as floor limits, ceiling heights and plot use limits, will help to ensure that we have the right level of safeguards in place and that impacts on the wider community are managed appropriately.
Member's explanatory statement
This amendment is connected to the amendment in the Minister’s name inserting new paragraph (g) into section 61QC(2) of the Town and Country Planning Act 1990 (as inserted by Clause 100), and removes the power to add, amend or remove an area which is excluded from the remit of street vote development orders.
Member's explanatory statement
This amendment is consequential on the amendments in the Minister’s name amending Clause 100 to change the scope of the regulation-making powers under new sections 61QC, 61QH and 61QI (as inserted into the Town and Country Planning Act 1990 by that Clause).
Wednesday 6th September 2023
(1 year, 3 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 142-VI(a) Amendments for Report (Supplementary to the Sixth Marshalled List) - (5 Sep 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Taylor of Stevenage (Lab)
My Lords, I will speak to my Amendment 244 in this group and I will then make brief comments on the other amendments. Amendment 244 is designed to cover an issue that arises almost at the intersection of planning and procurement. It can be the case that, where local authorities undertake major development, the nature of the planning system is such that the subsequent tender process will be enacted only for the totality of the development. Of course, the major contractors can subcontract works out, but this process does not always accrue maximum benefit to the local economy. Our amendment aims to ensure that whatever can be done at the stage of granting planning permission is done, to enable SME participation in, and engagement with, those contracts being achieved.
Amendment 217, from the noble Lord, Lord Lansley, applies a provision for “drop-in permissions”. We note that this is an acknowledged problem that may or may not require an amendment to planning law. I absolutely take the good point made by the noble Baroness, Lady Pinnock, about the provision of infrastructure where there is a drop-in permission, and we look forward to hearing the Minister’s view on whether the existing wording is sufficient to enable the necessary change to unblock buildouts on large sites.
In relation to Amendment 219, proposed by the noble Lord, Lord Lansley, we would of course support refusing permissions to those who have not made buildout applications previously; that is a welcome change. We greatly sympathise with the noble Lord’s point that doing this to someone with an undefined connection with the previous applicant is way too unspecific in terms of planning law, and who that undefined connection would be. We agree that this needs to be either tightened up or taken out altogether, because it could have unintended consequences if it is left in the Bill as it is.
Amendment 221, proposed by the noble Lord, Lord Carrington, recommends splitting planning applications into two stages for the purpose of encouraging rural economic development. We fully support the notion that anything that can be done within the planning system to encourage rural economic development should be done. But it is difficult to see how, in practical terms, a two-stage permission would work. There is already very strong provision and encouragement in the planning system for outline permissions to be submitted and then followed by detailed permissions for major developments. This is common practice, and I am sure rural areas are not excluded. I wonder whether that would be the type of process, or if there are things I am missing in the noble Lord’s amendment.
We were delighted to see Amendment 221A, proposed by noble Lord, Lord Goldsmith, relating to the provision of swift bricks. We very much enjoyed his enthusiastic and passionate advocacy in his introduction, and all speeches made by noble Lords in favour of this. The noble Lord’s amendment follows extensive public interest in introducing this step, which led to the public petition debate to which the noble Lord referred, and to very strong cross-party support. We note also that the Wildlife and Countryside Link is in favour of this measure, as are many recognised experts.
We believe that specifically including swift bricks as a measure in the Bill, to be incorporated in planning law, is justified because of the unique nature of these precious birds’ nesting habits. They add to the biodiversity of urban areas, and I am particularly keen that we support that. I grew up as a townie and the swifts and house martins were a real feature of my childhood growing up in a town. Their decline has been very visible and sad to see. If there is anything we can do to either halt that decline or hopefully turn it around, we should certainly do so. There is definitely a clear and present threat to these species. We hope the Government will accept this relatively a small step, which could make a world of difference to protecting our swift population, and that it will not be necessary for the noble Lord, Lord Goldsmith, to divide the House—but I hope he knows he has our full support in this amendment.
Amendment 282, in the name of the noble Lords, Lord Northbrook and Lord Bellingham, may relate to issues the Minister referred to in Committee. We comment only that, while we accept that notices published on local authority websites would usually be appropriate, of course there are other ways of drawing the public’s and stakeholders’ attention. We have some concerns about stating that anything must remain permanently on a website, but we understand his point.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, Amendment 217, tabled by my noble friend Lord Lansley, would allow regulations to permit variations to an existing permission, without rendering that permission void. We recognise that there is concern in the sector about the impact of recent case law, particularly for large-scale phased development. This is an issue which we have looked at very carefully.
Clause 104 already introduces a new, more flexible route to vary permissions: Section 73B, where the substantial difference test can cover notable material changes. To assist the understanding of the new provision, we propose to amend the headings in the clause to make this clearer and avoid misapprehension. Existing powers in the Town and Country Planning Act 1990 would allow us to deal with this issue through secondary legislation, so we do not consider that a further power would be required. Instead, we propose to engage and consult the sector as part of the implementation of Section 73B and, if further action were needed, we would consider the use of our existing powers if warranted. I hope my noble friend is sufficiently reassured not to press his amendment on this.
Baroness Hayman of Ullock (Lab)
My Lords, this has been an interesting if short discussion which picks up on much of the debate that we had during Committee. I thank the noble Baroness, Lady McIntosh, for bringing this back to us again today.
One thing that came across very clearly when we debated this in Committee was that it really is time to review the status and look at the situation. It is important that we return to this. As the noble Baroness, Lady McIntosh, has said, now and previously, we have got the change of use from office to residential space in town centres, we have the problem of many empty town centre premises, and there have been a lot of changes on our high streets and in our towns in ways that we have not seen before. These challenges are particularly acute for the night-time economy.
The agent of change principle has been with us for some years. This is why it is important that we use this Bill to ensure that it is fit for purpose and doing what we need it to do. As we have heard, it is in the National Planning Policy Framework, but does the licensing guidance, as the noble Baroness said, reflect the principles of the NPPF itself? The NPPF needs to be fit for purpose, as well as the agent of change principle that sits within it.
I asked at Committee and would like to ask again: is the NPPF, when we get to see it, going to reflect the likely focus of future planning decisions on this? How is that all going to be taken into account? This is genuinely an opportunity to enshrine this principle in legislation and get it right. It needs to be fit for purpose and it needs to do what it is supposed to do: to protect both sides of the discussion and debate when you have change of use coming forward. As the noble Baronesses, Lady McIntosh and Lady Pinnock, said, we need to get this right and it has to have teeth—I think that was the expression that the noble Baroness, Lady McIntosh, used. We completely support her request for clarification on the legislative change referred to by the Minister in Committee and hope that we can move forward on this issue.
Baroness Scott of Bybrook (Con)
My Lords, Amendment 220 in the name of my noble friend Lady McIntosh of Pickering tackles the important agent of change principle in planning and licensing. There was substantial discussion around this topic during Committee, a lot of it setting out the important conclusions of the House of Lords Liaison Committee follow-up report from July 2022. This built on the post-legislative scrutiny by the House of Lords Select Committee on the Licensing Act 2003. I thank the committee for its work and will briefly summarise how the Government are meeting the aspirations of that committee.
First, the committee’s report called for licensing regime guidance to be updated to reflect the agent of change policy in the National Planning Policy Framework. This is why, in December 2022, the Home Office published a revised version of its guidance made under Section 182 of the Licensing Act 2003, cross-referencing relevant sections of the National Planning Policy Framework for the first time. The Government have therefore delivered on this recommendation.
Secondly, the committee set out that it believes that guidance does not go far enough and that the Government should
“review the ‘Agent of Change’ principle, strengthen it”.
Recommendations such as this are one of the many reasons why we are introducing national development management policies. In future, and subject to further appropriate consultation, NDMPs will allow us to give important national planning policy protections statutory status in planning decisions for the first time. This could allow the agent of change principle to have a direct statutory role in local planning decisions, if brought into the first suite of NDMPs when they are made.
Finally, the committee called for greater co-ordination between the planning and licensing regimes to deliver better outcomes. We agree that such co-ordination is crucial to protect affected businesses in practice and it is why the updated Section 182 guidance, published by the Home Office in December 2022, is a significant step forward. The Government are committed to ensuring that their policies which embed the agent of change principle are effective, but we do not think that additional legislative backing is needed at this time. As such, I hope that the noble Baroness will understand why, although we entirely support its intention, we will not support the amendment. With that, I hope that she will be willing to withdraw it.
Baroness McIntosh of Pickering (Con)
My Lords, I am grateful to all those who have spoken and for the support from the noble Baronesses, Lady Pinnock and Lady Hayman of Ullock.
I recognise what my noble friend the Minister said in seeking to support the conclusions of the follow-up report of the House of Lords Liaison Committee, which in itself was very powerful, but I know that the industry and practitioners who appear before licensing and planning committees will be hugely disappointed that my noble friend has not taken this opportunity to give the agent of change principle legislative teeth. I record that disappointment. I would like to discuss with the Minister, bilaterally if I may, how NDMPs can have legislative effect if they are not in primary legislation, but that is something that we can take bilaterally.
I am disappointed for the industry and for practitioners that we have not got a mandatory statutory basis as a result of agreeing the amendment before us, but for the moment I beg leave to withdraw the amendment.
Baroness Scott of Bybrook
“(1A) The Secretary of State may make regulations under subsection (1) only if the Secretary of State considers that it is appropriate to make the regulations for the purposes of national defence or preventing or responding to civil emergency or significant disruption to the economy of the United Kingdom or any part of the United Kingdom.”Member's explanatory statement
This amendment adds a restriction into the new power to make regulations to provide relief from the enforcement of planning conditions in section 196E of the Town and Country Planning Act 1990 (inserted by Clause 115 of the Bill), so that the power can only be exercised for certain purposes.
Wednesday 13th September 2023
(1 year, 3 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 142-VII(a) Amendment for Report (Supplementary to the Seventh Marshalled List) - (13 Sep 2023)
12:49 - Division on Amendment 232 - Ayes: 177 / Noes: 146 - Amendment 232 agreed.
13:24 - Division on Amendment 233 - Ayes: 189 / Noes: 145 - Amendment 233 agreed.
13:37 - Division on Amendment 235 - Ayes: 181 / Noes: 148 - Amendment 235 agreed.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Earl Howe
Member's explanatory statement
This amendment removes subsection (4) of the new section 54A of the Planning Act 2008, being inserted by Clause 120, which contains a restriction on prescribed public authorities from charging fees where the advice, information or assistance is provided to certain excluded persons.
Earl Howe (Con)
My Lords, I shall speak also to the other 15 government amendments in this group. Amendment 225 to Clause 120 of the Bill, along with Amendments 226 and 227, are minor and technical. In developing NSIP applications, applicants are required to consult statutory consultees who provide expert advice to ensure that infrastructure is delivered in a way that supports our objectives, including those around enhancing the natural environment, public safety and protecting historic assets.
Clause 120 provides a power for the Secretary of State to make regulations to set up a charging regime for specific statutory consultees to recover their costs for the services they provide to applicants when engaging on NSIP applications. Our policy objective is to ensure that applicants should pay for advice from specific statutory consultees throughout the consenting process, and to support statutory consultees to achieve full cost recovery for their services.
Exemptions in subsections (4) and (6) of the new section inserted by Clause 120 were originally included to ensure that excluded persons were not liable for the costs of advice provided to them, so that regulations could make it clear that the applicant bears liability for such costs. However, through discussions with relevant statutory consultees, it has become clear that these subsections would also prevent applicants being charged where the Secretary of State engages with statutory consultees directly. Therefore, the clause would prevent specific statutory consultees recovering costs requested by an excluded person—even from applicants—in a timely way that supports faster decisions on applications for development consent.
To ensure that the clause delivers our policy aims, I propose that new subsection (4), and in consequence, a number of excluded persons defined in new subsection (6), be removed. The removal of these exemptions is required to achieve our original policy intention, whereby statutory consultees should be able to obtain full cost recovery for the provision of their services in relation to NSIPs, regardless of the person to whom those services are provided.
I now turn briefly to government Amendments 229 and 230. In Committee, we introduced an amendment to allow prescribed bodies named in regulations to charge fees for providing advice or information in connection with applications or proposals under the planning Acts, as defined in Section 336 of the Town and Country Planning Act 1990, which is now Clause 128 of the Bill. In Committee, the noble Baroness, Lady Parminter, eloquently set out on behalf of the noble Baronesses, Lady Young of Old Scone and Lady Hayman of Ullock, that the exclusion in new subsection (3)(b) on charging for advice provided to planning decision-makers could have the effect of inhibiting charging where applicants enter into a voluntary agreement with statutory consultees to provide advice or assistance as part of the planning application.
It is obviously not the intention of the power to disincentivise proactive and early engagement between applicants and statutory consultees or prevent statutory consultees charging where an applicant has voluntarily paid for a premium service—quite the opposite. On larger-scale proposals, there may be a need to have sustained and ongoing engagement with statutory consultees. So, as with the NSIP charging powers, we have listened and are making changes to address the issues raised. Through Amendments 229 and 230, we are changing Clause 128. These changes will have the effect of removing new subsections (3)(b) and (5), which provide for the exclusion. This should allay any concerns over the scope of our charging power and will allow us to work through the model of statutory consultee charging with the sector, through regulations. I should add that we have engaged with Defra, which sponsors Natural England, and the Environment Agency, and they see this amendment as a positive step forward.
All the other government amendments in this group, starting with Amendment 263A, are consequential to the marine licensing cost recovery powers. Clause 214 as introduced, which is now Clause 222, gave the Secretary of State new powers to make regulations which set the level of fees payable for post-consent marine licence monitoring, variations and transfers, where the Secretary of State is the appropriate marine licensing authority under the Marine and Coastal Access Act 2009. We are now extending those powers to Scottish Ministers, where the Scottish Ministers are the appropriate licensing authority under that Act in the Scottish offshore region, to avoid a legislative gap. In conclusion, the amendments are important as they remove any potential uncertainty as to the nature and scope of our cost recovery powers for statutory consultees and ensure that they can be made more effective. I beg to move.
Baroness Young of Old Scone (Lab)
My Lords, I will speak briefly to my Amendment 227A on an issue the Minister has already touched on: enabling statutory consultees, such as Natural England, Historic England and the Environment Agency, to charge both planning decision-makers and applicants for the advice they are required to give. That is, as the Minister noted, a valuable part of the planning system which supports the Government’s aspirations on growth and environmental sustainability.
Currently, this work is funded from statutory consultees’ ordinary budgets, and the growth in planning applications means that more and more money is drained from those ordinary budgets and away from their ordinary and very necessary work. The statutory consultees have tried to become as efficient as possible to cope, but the cost to them is now £50 million a year, and 60% of that is borne by Natural England and the Environment Agency. I declare my interests as a former chairman of Natural England’s predecessor and a former chief executive of the Environment Agency. In effect, that means that the planning system is operating with a hidden subsidy at the statutory consultees’ expense, with the major focus being on the planning proposals which present the greatest potential environmental impact due to their size and location—inevitably, those cost the most money for the statutory bodies to inquire into and report on.
As the Minister said, Clause 120 introduces charging for nationally strategic infrastructure projects, but it does not cover ordinary Town and Country Planning Act casework. I thank both Ministers, the noble Baroness, Lady Scott of Bybrook, and the noble Earl, Lord Howe, for their assiduity and flexibility in discussing that with me and others. They have made some limited concessions, but, at the end of the day, I ask the Government: why is there not a level playing field between Town and Country Planning Act casework and casework for nationally strategic infrastructure projects? That would resolve the issue for the statutory consultees.
Earl Howe (Con)
My Lords, Amendment 227A in the name of the noble Baroness, Lady Young of Old Scone, seeks to impose a requirement on the Secretary of State to bring forward regulations under Clause 128 that will enable statutory consultees to charge applicants for their advice on planning applications and consents under the planning Acts. I appreciate that our Amendments 229 and 230 do not go as far as the noble Baroness, Lady Young, might like. However, given the complexity of statutory consultee charging—it is a complex field—in our view it would be unwise to rush into a radically different set of arrangements. The changes that she proposes have the potential to impose financial impacts on applicants, in particular home owners and SMEs, and they could severely affect local planning authority capacity and its ability to make timely decisions. We need to ensure that an appropriate balance is reached with any charging model.
To put that into context, there are around 28 statutory consultees prescribed nationally and around 50,000 applications a year that the big six national statutory consultees comment on. That does not include local statutory consultees, such as highways authorities. Therefore, we will need a system that works for everyone, not just a select few, and this will need to be worked through carefully and collaboratively with the sector. Against that background, I hope that the noble Baroness will see why we are reluctant to rush into the model that she proposes and that she will in fact decide not to move her Amendment 227A on that account.
Amendment 235, in the name of the noble Baroness, Lady Pinnock, would enable local authorities to set their own planning application fees. I understand how important it is for local planning authorities to have the resources that they need to deliver an effective planning service. On 20 July, we laid regulations, as she mentioned, that will increase planning fees by 35% for the major applications and 25% for all other applications. This is a national fee increase that will benefit all local planning authorities in England. In addition to the 35% increase, local planning authorities may charge fees for providing pre-application advice or using pre-planning agreements for major schemes. Fee levels for those services are set by individual local planning authorities. It is important to factor that point into noble Lords’ consideration of this issue.
The Government do not believe that enabling local planning authorities to vary fees and charges is the way to answer resourcing issues, for several reasons. First, it does not provide any incentive to tackle inefficiencies—indeed, the opposite is true. I am not sure that I heard that point addressed either by my noble friend or by the noble Baroness, Lady Pinnock. Secondly, I have to come back to the point that the Government argued in Committee. Having different fees between local authorities would be bound to create uncertainty and, perhaps more importantly, unfairness for applicants. We have to be cognisant of the need for fairness. It is all very well for my noble friend to say that applicants will not notice if fees vary between areas. It is a question of doing what is right for all parties and not just feeding the wishes of local authorities in this area, understandable as those are, as I said. Also, at an extreme, if fees are set too high, they could risk doing what I am sure the noble Baroness, Lady Pinnock, does not want, which is to discourage development coming forward in the first place. For those reasons, I am afraid that I must resist the amendment and I hope that, on reflection, the noble Baroness will be persuaded not to move it when we reach it.
Baroness Pinnock (LD)
Before the noble Earl sits down—I thank him for the reply—can he just confirm that the Government are willing for council tax payers to subsidise planning applications, which are often very big applications? That is often where the fee discrepancy occurs, with very big housing developments or commercial developments. Is the noble Earl happy for the Government to see council tax payers subsidising those planning applications?
Earl Howe (Con)
The noble Baroness’s question has a lot of hypotheses built into it. As she knows, local government funding is not just a matter of fees being charged and council tax being levied; there is of course support from central government as well. I suggest that it is very difficult to generalise in the way that she is asking me to. However, I say respectfully that she ought to remember too that local authorities can charge more for more complex cases, so there is flexibility in that sense.
Member’s explanatory statement
This amendment is consequential on the amendment being made to remove subsection (4) of the new section 54A of the Planning Act 2008, inserted by Clause 120, in the Minister’s name.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, I thank the noble Baroness, Lady Taylor of Stevenage, for moving the amendment proposed by the noble Baroness, Lady Hayman of Ullock. The Government also appreciate the importance of the interaction between the infrastructure levy and development which is granted planning permission by so-called permitted development. This means, of course, development of a class for which planning permission is granted under the Town and Country Planning (General Permitted Development) (England) Order 2015—SI 2015/596.
As noble Lords are aware, most permitted development rights do not fall within the scope of the existing system of developer contributions. The infrastructure levy aims to capture more value than the existing system, and the Bill has been designed to help achieve this aim. This includes having the ability to capture land value uplift associated with permitted development, subject to provision that is made in the infrastructure levy regulations.
Our recent technical consultation sought views on how the levy could be charged on permitted development to expand the scope of developments for which levy contributions may be sought and allow local authorities to capture more value for infrastructure and affordable housing where currently little or no contributions are collected. It will take time to analyse the technical consultation responses, to undertake further review and consultation, and to develop policy as a result of that, before drafting regulations. However, I accept that this is a matter of considerable importance to the House.
We do not propose to accept the amendment of the noble Baroness, Lady Hayman, which would require a review to be published within 120 days of the Bill being passed. We can instead commit that the Government will publish a report on how the levy will work in relation to permitted development at an appropriate point when the policy is developed. This will set out the interrelationship between the levy and permitted development. The Government will commit to doing this on or prior to the day that the infrastructure levy regulations are laid, so that the interaction between the levy and permitted development can be clearly understood. I hope that, with these clear reassurances, the noble Baroness, Lady Hayman, will be content to withdraw her amendment.
Before I move on, the noble Lord, Lord Stunell, seemed pretty concerned about permitted development rights. He ought to be aware that nationally permitted development rights make an important contribution to national housing delivery. In the seven years to March 2022, they delivered more than 94,000 houses, which represents 6% of the overall housing supply in that delivery period.
We want to make sure that the existing conditions and limitations that apply to permitted development rights and allow for the change of use to residential property are fit for purpose. So far, we have done this and we continue to. As I said, there is an ongoing consultation, which closes on 25 September. Any changes subject to its outcome will be brought forward via secondary legislation.
I move on to Amendment 243. I thank my noble friend Lord Lexden for putting this forward on behalf of my noble friend Lord Northbrook. The amendment seeks to restrict the flexibility of premises within Class E—the commercial, business and service use class—to be used as cafés or restaurants. As a Government, we believe that restaurants and cafés are important parts of our high streets, town centres and other parts of our country, such as towns and villages, and we do not want them to be limited. In addition, the general permitted development order cannot be used to place limits on the operation of a use class. Therefore, once again, we cannot support this amendment.
Baroness Taylor of Stevenage (Lab)
My Lords, I am grateful to the Minister for her assurances and therefore beg leave to withdraw Amendment 228.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment removes subsection (3)(b) of the new section 303ZB of the Town and Country Planning Act 1990, being inserted by Clause 128, which contains a restriction on prescribed bodies from charging fees where the advice, information or assistance is provided to certain excluded persons.
Lord Benyon
“Biodiversity net gain: pre-development biodiversity value and habitat enhancementIn Schedule 7A to the TCPA 1990 (biodiversity gain in England)—(a) in paragraph 5(4), after “6” insert “, 6A, 6B”;(b) after paragraph 6 insert—“6A If—(a) a person carries on activities on land on or after 25 August 2023 in accordance with a planning permission (other than the planning permission referred to in paragraph 5(1)),(b) on the relevant date, development for which that other planning permission was granted—(i) has not been begun, or(ii) has been begun but has not been completed, and(c) as a result of the activities the biodiversity value of the onsite habitat referred to in paragraph 5(1) is lower on the relevant date than it would otherwise have been,the pre-development biodiversity value of the onsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.6B (1) This paragraph applies where there is insufficient evidence of the biodiversity value of an onsite habitat immediately before the carrying on of the activities referred to in paragraph 6 or 6A. (2) The biodiversity value of the onsite habitat immediately before the carrying on of the activities referred to in paragraph 6 or 6A is to be taken to be the highest biodiversity value of the onsite habitat which is reasonably supported by any available evidence relating to the onsite habitat.”;(c) in paragraph 10—(i) in sub-paragraph (1), after “habitat enhancement” insert “of an offsite habitat”;(ii) after sub-paragraph (1) insert—“(1A) For the purposes of sub-paragraph (1) (and without prejudice to paragraphs 3 and 4(1)), a habitat enhancement is calculated as the amount by which the projected value of the offsite habitat as at the end of the maintenance period referred to in section 100(2)(b) of the Environment Act 2021 exceeds its pre-enhancement biodiversity value.(1B) The pre-enhancement biodiversity value of an offsite habitat is the biodiversity value of the offsite habitat on the relevant date.(1C) The relevant date is—(a) the date on which the application is made to register the land subject to the habitat enhancement in the biodiversity gain site register, or(b) such other date as may be specified in the conservation covenant or planning obligation.(1D) But if—(a) a person carries on activities on an offsite habitat on or after 25 August 2023 otherwise than in accordance with—(i) planning permission, or(ii) any other permission of a kind specified by the Secretary of State by regulations, and(b) as a result of the activities the biodiversity value of the offsite habitat is lower on the relevant date than it would otherwise have been,the pre-enhancement biodiversity value of the offsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.”;(d) in paragraph 12(1), after the definition of “onsite habitat” insert—““offsite habitat” means habitat which is not onsite habitat;””Member’s explanatory statement
This amendment inserts a new Clause in the Minister’s name which makes provision about the valuation of the pre-development biodiversity value of an onsite habitat and of the enhancement of the biodiversity of a habitat for the purposes of Schedule 7A to the Town and Country Planning Act 1990.
The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)
My Lords, I beg to move Amendment 230A, and I will speak to Amendment 309B. These make clear the Government’s commitment to ensuring that biodiversity net gain achieves its intended positive outcomes for nature. They seek to reduce incentives for site clearance on development sites and on sites generating off-site units.
Biodiversity net gain is a flagship government policy. Officials are working closely with stakeholders to prepare for its implementation. It will mean that new developments improve nature and, as its name suggests, will be a net gain for nature. We have heard concerns raised that developers would be incentivised to clear habitats prior to the submission of a planning application or site survey. We have brought forward government Amendments 230A and 309B to address this concern.
The Environment Act already requires the use of a historic baseline of on-site habitat for sites where habitats have been degraded. These amendments go further and ensure that a precautionary approach to the baseline habitat for these sites must be undertaken when sufficient evidence is not available.
These amendments also seek to close a potential loophole in legislation. Currently, a site could be cleared under an existing planning permission, even if the development and biodiversity gains of this permission were not completed. Then, a new permission could be applied for, using the cleared site as the baseline for BNG purposes. These amendments will prevent this.
The amendments also ensure that habitats will not be cleared in advance of delivering habitat creation off-site in order to sell biodiversity units. Without these amendments, an area of off-site habitat could be cleared and then recreated and sold as habitat enhancement. These amendments will prevent this by requiring that pre-enhancement measurements of biodiversity are registered before any activity that lowers the biodiversity value.
Noble Lords will note that these amendments will apply retrospectively, back to the date of tabling. We have secured law officer agreement to this approach, which is important to make sure that people do not use the period between now and the commencement of these provisions to reduce their habitats’ baselines. I hope noble Lords will see how important these amendments are in addressing these concerns within the existing BNG framework.
I go on to thank my noble friend Lord Randall of Uxbridge for tabling Amendment 282M and the supplementary Amendment 288C. I am pleased to continue the conversation about the importance of these treasured landscapes. Having thoroughly considered Amendment 282M, we are content to accept it in principle. Protected landscapes are crucial delivery partners for so many of our goals for nature, climate and rural communities. We agree that their management plans should be enhanced and that the contribution of partners should be bolstered. This amendment takes a balanced, proportionate approach to achieving these aims. We have a wish to consider any technical drafting amendments that may be required to ensure that the amendment operates correctly in practice. The Government are therefore undertaking to bring forward a similar amendment at Third Reading. This will ensure that protected landscapes organisations continue to be at the heart of our work to unleash rural prosperity and create a network of beautiful, nature-rich spaces that can be enjoyed by all parts of society. This will be supplemented by our upcoming protected landscape outcomes framework and updated guidance, further delivering the Government’s response to the landscapes review.
I take this opportunity to extend my and the Government’s continued thanks to Julian Glover and his panel for this superb piece of work. I also thank my noble friend Lord Randall for his tireless work on this matter, which I know is dear to his heart. With that commitment, I hope my noble friend will not move his amendment and will agree to work with us as we take this forward to, in principle, the same amendment at the next stage.
Lord Randall of Uxbridge (Con)
My Lords, I should first declare some interests. When I spoke on the swift bricks amendment in the name of my noble friend Lord Goldsmith the other night, I was so excited that I forgot to declare them. I hope I can make an apology. I have many conservation interests, including as a councilman with the RSPB—particularly relevant to the swift bricks—and, for consideration later today, as a member of the advisory board of River Action, which might give noble Lords an indication of where my interests will lie this afternoon.
I also have some good news. My noble friend the Minister has given me some, which I will come back to, but mine is this: I am losing my voice. I think that will be generally approved of on all sides of the House.
I know my noble friend has been working tirelessly and I thank all those members of the Government in the two departments—the Secretaries of State and the Ministers, as well as many others—who have got us to where we are today. In particular, apart from thanking Julian Glover, who, as my noble friend said, did this excellent review, I thank two strong allies on this from across the Chamber: the noble Baroness, Lady Jones of Whitchurch, who tabled the original amendment in Committee when I was elsewhere, occupied in hospital, and the noble Baroness, Lady Willis of Summertown. Their support has kept me going.
I know that I have begun to sound like a record with a needle stuck in it, but I think it has paid off. I thank everybody concerned with this. National parks and areas of outstanding natural beauty are what we are about, and biodiversity in those areas is depleted. I am pleased that the Government have recognised this and the need for legislation.
Lord Benyon (Con)
My Lords, I will respond to a couple of the points made. First, my noble friend Lord Randall probably took my place on the advisory board of River Action UK, from which I had to resign to take this job. I wish him well in that organisation.
My noble friend Lady McIntosh raises a point she has raised with me before. There are duties on national parks and AOBs to support the local rural economy, and this is very much in line with that. The Glover review was very clear on that, but I will continue to give her the reassurances I can.
To the noble Baroness I say that we have a whole range of different planning requirements and strategies that seek to hardwire green infrastructure into new developments. Biodiversity net gain incentivises developers to find as many sites within those schemes and to green them as much as they can, and, where they cannot, to find other locations to do that nearby. Some will have to be traded on biodiversity credit schemes to be further away, but the key point is that this is a net gain for nature. This is making sure that, from now on, we will see a different approach, which will recognise how nature has been depleted in the past and seek to work to the Government’s very demanding ambitions to reverse the declines in nature by 2030, and to see the continued meaningful protection of land.
I live in an AOB and entirely accept the points that the noble Baroness, Lady Willis, has made, on frequent occasions, that if these areas are to contribute to our 30 by 30 target, they have got to be nature-rich—we have to reverse those declines—and lead the way. We hope that these policies will do that.
The Earl of Devon (CB)
My Lords, I had not expected to speak but this interesting debate has raised a couple of questions which maybe the Minister or the noble Baroness, Lady McIntosh, may address, particularly concerning Amendment 232.
I note that I am a member of the Wetlands APPG, so wetlands and flood plains are very close to my heart. I am also a member of the Devon Housing Commission so the cost and availability of housing in rural areas is very close to my heart too. There is a conflict here and I wonder whether Amendment 232 would have too big an impact on the availability and affordability of housing in areas near these floodplains.
I wonder whether the Minister or the noble Baroness, Lady McIntosh, if she sums up, can assist me on that point. I also wonder, given that we have just discussed the biodiversity net gain principle, whether we can apply that principle to building housing on these sensitive areas, such that if flood plains are being used up to create residential housing in essential areas, we look to invest in creating further areas for flood relief and landscaping to offset and ameliorate the problems created by building in these important areas where housing is required because it tends to be accessible and somewhat more affordable.
Earl Howe (Con)
My Lords, as we have heard, this group of amendments addresses a range of issues relating to water management and flood risk and I think it appropriate for me to begin by responding to Amendment 231, the first amendment in this group. I am grateful to my noble friend Lady McIntosh of Pickering for this amendment because it gives me the opportunity to tell the House that following publication of the review for implementation of Schedule 3 to the Flood and Water Management Act 2010 earlier this year, the Government are actively working on how best to implement Schedule 3.
An ambitious timeline has been set to deliver this quickly and that is why we have already committed to implementation in 2024 following statutory consultation later this year. I am sure my noble friend will understand how essential it is that we allow sufficient time to engage with stakeholders to help shape the details of implementation. Schedule 3 provides for a public consultation which must take place on the national standards. We have also committed to consult on the impact assessment and will need stakeholder views to inform decisions on scope, threshold and process in order to draft the secondary legislation required to implement Schedule 3. I hope that reassures my noble friend regarding her Amendment 231 and that, on that basis, she will not feel the need to press it.
Amendments 232 and 237 in my noble friend’s name would prevent planning permission for residential development in functional flood plains and high-risk flood areas and create a new duty for the Secretary of State to make building regulations within six months for property flood resilience, mitigation and waste management in connection with flooding. I listened carefully to what my noble friend and the noble Baronesses, Lady Pinnock and Lady Hayman, had to say. Let me explain where the Government are on this. Planning policy directs development away from areas at the highest risk of flooding. Building regulations set drainage system requirements for individual buildings and the main sewerage system is governed by the sewerage undertaker for the area.
As I said, I listened carefully to the arguments put forward but contend that the Government have well-established means of making sure that new developments are not approved where there is an unacceptable flood risk. I would argue that the Environment Agency and local authorities are the right bodies to oversee the maintenance of existing flood mitigation measures and, for these reasons, in our view introducing new requirements into the building regulations is not necessary.
New housebuilding—I hope I can reassure the noble Earl, Lord Devon, on this—and most other forms of development should not be permitted in the functional flood plain where flood-water has to flow or be stored. But it is important that local councils follow the sequential risk-based policy in the framework, steering new development away from areas known to be at risk of flooding—now or in the future—wherever possible. However, sometimes it is necessary to consider development in such areas. Banning development entirely in flood risk areas would mean that land that could safely be built on could no longer provide the economic opportunities our coastal and riverside settlements depend on. That is why I say to the House that we should trust our local authorities to make sensible decisions about what development is appropriate in their area. Having said that, we will of course keep national planning policy on flood risk and coastal change under review, as noble Lords would expect.
Amendment 236 would place a duty on the Government and local authorities to make data about flood prevention and risk available for the purpose of assisting insurers and property owners. Data about flood prevention and risk, including for planning purposes, is already publicly available, provided primarily by local authorities and the Environment Agency. Creating new duties on government and local authorities to publish this data is therefore unnecessary. Insurers can already access information, and to require government or local authorities to facilitate their use of the information would create unnecessary burdens on our public services. Within both the Environment Agency and the insurance industry, the modelling of UK flood risk continues to improve, resulting in models and maps than can assess flood risk at more detailed geographical levels, taking into account all the drivers of risk.
Amendment 238 would require the Financial Conduct Authority to make rules requiring insurance companies to participate in the currently voluntary build back better scheme, which was launched by Flood Re in April 2022. Amendment 239 extends the flood reinsurance scheme to premises built since 2009 that have property flood resilience measures that meet minimum standards and buildings insurance for small and medium-sized enterprise premises.
The build back better scheme is still in its early days and has not yet been fully embedded or tested. This is therefore not the right time to consider making changes. Properties built since 2009 should be insurable at affordable prices because of the changes to planning policy in 2006. If Flood Re were applied to homes built after 2009, that would be inconsistent with current planning policy.
Baroness McIntosh of Pickering (Con)
I am slightly concerned because the legal position is very clear: any new development built after 2009 on a flood plain, whether functional or not, simply does not qualify for insurance. That is the purpose of the amendment. Unfortunately, if a house purchaser does not require a mortgage, they will not realise that they are not covered by insurance until such time as they are flooded, hence the need for the amendment.
Earl Howe (Con)
I am in some difficulty because the advice that I have received is different. I shall need to take advice and write to my noble friend on that point. I come back to what I said earlier: properties built since 2009 should be insurable at affordable prices because of the changes made to planning policy back in 2006. That is the position as we understand it.
With regard to small and medium-sized enterprise premises, Flood Re was designed to provide available and affordable insurance for households, but that does not include businesses. There is no evidence of a systematic problem for businesses at high flood risk accessing insurance.
Amendments 240 and 241 would require, first, the Government to establish a certification scheme for improvements to domestic and commercial properties in England made for flood prevention or flood mitigation purposes and, secondly, the Financial Conduct Authority to make rules requiring insurance companies to consider flood prevention or mitigation improvements that are either certified or planning permission requirements in setting insurance premiums.
We are committed to promoting the uptake of property flood resilience and are working closely with Flood Re, the property flood resilience round table and the insurance industry to determine how best to develop the mechanisms needed for insurers to take account of property flood resilience when setting premiums. Additionally, the industry is exploring how to improve standards and skills. For example, as part of the joint Defra and industry round table, the Chartered Institution of Water and Environmental Management is developing a certified competent PFR practitioner scheme to help grow the pool of trained professionals and improve the standards for the design, installation and maintenance of PFR projects.
Amendment 245 in the name of my noble friend Lady McIntosh seeks to make water undertakers—that is, water and sewage companies—statutory consultees on planning applications for major development that is likely to affect water supply. I am grateful to my noble friend for this amendment. Like her, I appreciate the important role of water undertakers in maintaining public health and ensuring access to clean water for communities. This is why in the other place the Government committed to consult after Royal Assent on whether we should make water companies statutory consultees, how that would work in practice and any implications flowing from that. As the DLUHC Secretary of State can make changes to the list of statutory consultees through secondary legislation, we do not need to use the Bill to do that. With that in mind, I hope my noble friend will not feel the need to move her amendment when we reach it.
Baroness McIntosh of Pickering (Con)
My Lords, I am grateful to all noble Lords who have spoken, particularly the noble Lord, Lord Wigley, for supporting Amendment 231 and the noble Baronesses, Lady Pinnock and Lady Hayman of Ullock, for their support. I will not go through each and every amendment.
Amendment 245 is a direct consequence of the Pitt recommendation to end the automatic right to connect. We are placing the Government, the department, Ofwat and the Environment Agency, but in particular the water companies, in a difficult position by forcing them to connect when the pipes simply cannot take the sewage. It goes into the watercourses right at the beginning of the process, then into the rivers and to the coast, and we know that everyone gets upset about that.
To correct my noble friend, the ABI briefing for today’s debate says: “It is important to note that Flood Re does not provide cover for properties built after 1 January 2009. The 2009 exemption is an extension from previous amendments between the insurance industry and the UK Government, which jointly agreed to purposely exclude these properties from the scheme to ensure that inappropriate building in high flood risk areas was not incentivised”. That is why I shall be pressing Amendment 232 to a vote.
Earl Howe (Con)
If my noble friend would be kind enough to give way, I will repeat that my advice is that properties built since 2009, as she said, are not eligible for Flood Re. However, they should be insurable via the commercial market.
Baroness McIntosh of Pickering (Con)
Hand on heart, I do not know of any commercial insurance company—I know others are better versed on that, including the noble Lord, Lord Hunt—that would offer that.
I will respond briefly to the comments of the noble Earl, Lord Devon, which raise wider issues. I believe we are fixated on new build, which is forcing people to build on flood plains. One measure would be to remove VAT on the renovation of houses and put VAT on new build. But I believe it is the responsibility of local authorities to rule out building on flood plains where the direct consequence of that will force floodwater and displaced water into existing developments. I do not think the National Planning Policy Framework adequately addresses that. I will not go on any further, except to beg leave to withdraw Amendment 231.
Wednesday 13th September 2023
(1 year, 3 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 142-VII(a) Amendment for Report (Supplementary to the Seventh Marshalled List) - (13 Sep 2023)
18:49 - Division on Amendment 247YY - Ayes: 156 / Noes: 203 - Amendment 247YY disagreed.
19:03 - Division on Amendment 247YYA - Ayes: 161 / Noes: 192 - Amendment 247YYA disagreed.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Hayman of Ullock (Lab)
My Lords, I thank the noble Lord, Lord Lexden, for introducing this group and the amendment in the name of the noble Lord, Lord Northbrook, as well as for drawing our attention to the importance of standards. Clearly, most of the debate has been around the amendments in the name of the noble Lord, Lord Moylan. As we are on Report, I shall be brief and make just two points in response to the noble Lord’s amendments.
First, I point out that Sadiq Khan has explicitly ruled out the introduction of pay-per-mile charging while he is Mayor of London. Secondly, on Amendment 282N, which seems to be the core amendment within the four amendments introduced, our concern is that this includes a loophole for councils to opt out of such schemes. Introducing that loophole undermines the national objective of improving air quality. We think that it risks increasing public confusion and is not in the interests of preventive health and improving air quality.
Baroness Scott of Bybrook (Con)
My Lords, Amendment 242 in the name of the noble Lord, Lord Northbrook, introduced by my noble friend Lord Lexden, would require the Government to make all standards that relate to all planning Acts or local authority planning policy, online and free of charge.
As I think I said in Committee, our national standards body, the British Standards Institution or BSI, publishes around 3,000 standards annually. These standards are a product of over 1,000 expert committees. BSI is independent of government and governed by the rights and duties included in its royal charter. This includes the obligation to set up, sell and distribute standards of quality for goods, services and management systems. About 20% of the standards produced are to support the regulatory framework. This will include a minority of standards made to support planning legislation and local authority planning policy. To ensure the integrity of the system and to support the effective running of the standards-making process, the funding model relies on BSI charging customers for access to its standards. As a non-profit distributing body, BSI reinvests this income from sales in the standards development programme.
My noble friend Lord Lexden asked what the difference is between a regulation and a standard. A regulation provides minimum legal requirements, is written by government and is laid before Parliament. A standard is expert-led and derives its legitimacy through consensus and public consultation. A standard, however, can help demonstrate compliance with legislation. My noble friend also brought up the issue of access in Northern Ireland’s libraries. Interestingly enough, access to British standards is available free in public and university libraries across this country as well, including the British Library, Herefordshire County libraries and the National Library of Scotland. I hope that this provides sufficient reason for my noble friend Lord Lexden, on behalf of the noble Lord, Lord Northbrook, to withdraw the amendment.
I thank my noble friend Lord Moylan for tabling Amendments 282N, 302A, 315ZA and 317, to which I have added my name. He speaks with his characteristic eloquence about the challenges of introducing road user charging schemes in the capital. My noble friend’s experience in these matters is worth repeating. He is a former deputy leader of Kensington and Chelsea Council, a former deputy chairman of Transport for London and a former chairman of London Councils’ city-wide transport and environment committee. My noble friend therefore speaks with unrivalled experience and authority on matters of London’s governance.
My noble friend is entirely correct in his analysis of the differences between the mayoral model followed in London and the combined authority model followed elsewhere in England. He is right to draw attention to the resulting friction that can arise between London borough councils and the mayoralty in London. Regrettably, we have seen a clear display of this during the recent debates on the expansion of the ultra-low emission zones.
As the Government, through this Bill, look to widen and deepen the devolved powers of leaders outside the capital, it is right that we also take stock of how London’s devolution settlement is working in practice. To this end, the Government have committed, through their new English devolution accountability framework, published earlier this year, to review
“how current scrutiny and accountability arrangements in London are operating in practice”,
including
“how the Greater London Authority works and liaises with the London boroughs”.
In addition, the Levelling Up Advisory Council has been asked to examine the strengths and challenges of the capital’s devolution settlement, and a report on that is expected next year. In the meantime, my noble friend’s new clause on road user charging schemes in London provides a targeted, proportionate and wholly sensible correction to the current uneven distribution of power and decision-making between borough councils and the Greater London Authority when introducing ULEZ-style road user charging schemes across the capital. The amendment is entirely in keeping with the wider aims of the Bill to “empower local leaders” and to “enhance local democracy”. As such, I can confirm that, should my noble friend Lord Moylan wish to test the opinion of your Lordships’ House on this matter, he would have the Government’s support.
Baroness Taylor of Stevenage (Lab)
My Lords, the powers introduced by this section amend and clarify powers and procedures for using compulsory purchase and have been extensively consulted on—unlike some other parts of the Bill. The LGA’s view is that the introduction of measures that would genuinely make the CPO process more efficient for councils is an encouraging step, as it has previously lobbied on the need to reduce the time taken to use the CPO, and it also believes that these changes will make the valuation of change in this context closer to a normal market transaction.
In fact, the LGA view is that the Bill could have gone further. It would also like to see the ability to tackle sites which have had planning permission for a long time but which have not been built out through stronger compulsory purchase powers, and the removal of the requirement for permission from the Secretary of State to proceed with a CPO, which would expedite the process for local authorities. Of course, the Secretary of State could always retain the right to call in in circumstances where it would be necessary to do so.
I listened carefully to the noble Lord, Lord Carrington, and the noble Earl, Lord Lytton, and I am sympathetic to the specific issues they raised, particularly the issue about prompt payment for purchases of land. Perhaps I have had an unusual experience of the CPO process but the conditions are already stringent, both in setting out the process for a site qualifying for a CPO and in the requirement for valuation of that site. Therefore, while I appreciate the thinking behind the amendment, it seems that there is already guidance in place—indeed, the amendment refers to it. I look forward to the Minister’s response.
Baroness Scott of Bybrook (Con)
My Lords, Amendment 246, tabled by the noble Lord, Lord Carrington, would place a requirement on the Government to publish by regulations a new duty of care for all acquiring authorities undertaking compulsory purchase. The proposed duty of care would involve obligations on acquiring authorities to acquire only land necessary for their schemes and to mitigate the impacts of their schemes, as well as to pay compensation to landowners at the date of entry or date of vesting and ensure that all communication with claimants is conducted in accordance with government guidance. I reassure noble Lords that the Government understand the concerns behind this amendment. However, the Government consider the proposed duty of care to be unnecessary for the following reasons.
First, whatever the underlying scheme, a guiding principle of compulsory purchase is that acquiring authorities should include within the boundary of a CPO only land which is required to facilitate the scheme. It is for acquiring authorities to demonstrate that there is justification and a compelling case to support the inclusion of land within a CPO boundary. Where they cannot, a CPO is likely to fail.
Secondly, another principle is that the use of a CPO is lawful only providing that acquiring authorities compensate landowners for the loss of their interests, whether the land is acquired following notice to treat or is vested in the acquiring authority. Where an acquiring authority takes possession of land before compensation has been agreed, it is obliged to make an advance payment of compensation to the landowner if requested.
Baroness Willis of Summertown (CB)
My Lords, at an earlier stage of the Bill, I made the case, with others, for amending Clause 158, which concerns the statutory requirement for water companies to upgrade sewage plants to meet new nutrient standards in the areas worst affected by pollution. We welcomed this, but although it was seen as a good step forwards for improving water quality, frustratingly, it specified only that such upgrades should take place at the sewage disposal works themselves, usually meaning traditional engineering systems and solutions, which in themselves relied on concrete materials. Amendment 247, tabled in my name and with the support of the noble Baronesses, Lady Parminter and Lady Jones of Whitchurch, was therefore designed to enable effective use of restored habitats, known in this context as nature-based solutions, by water companies to also meet those standards.
As we pointed out in Committee, those nature-based alternatives can be a really effective and very cheap approach to soaking up nutrient loads and reducing the pollution reaching rivers, as well as providing excellent habitats for biodiversity. Our amendment also had strong support from water companies and Ofwat, but in Committee, the Government’s argument against it was the suggestion that it could somehow let water companies off the hook by allowing them to use such nature-based measures to fudge the delivery of their upgrades. We have therefore brought back this tweaked amendment, in which we have added an explicit requirement for water companies to secure agreement for compliance and investment plans from Ofwat and the Environment Agency before commencing their updates—so we are putting a fail safe in there. We have also included in the amendment the ability for the Environment Agency to impose monetary penalties on water companies for failing to deliver on the compliance and investment plans.
Over the summer, concessions in this area were tabled by the Government, which I really welcome. Those amendments are really positive in principle. However—this is a very big “however”—I fear that Amendment 247 may become very insignificant for the environment if the other government amendments recently introduced into this group are passed. I will therefore briefly speak to those as well. As I am a scientist, I will address the amendments from a scientific perspective rather than addressing their constitutional and legal aspects. In particular, I want to focus on Amendment 247YYA, which amends the habitats regulations to remove controls on nutrient loads in rivers for those that are associated with housing developments.
The amendments are based on the premise that the extra nutrient loading in areas where the relevant houses will be built will be less than 1% of the loading of the existing housing stock. This is where a key piece of evidence is missing: what is the loading of the existing housing stock? The Home Builders Federation would like us to believe that houses contribute 5% of excess nutrient loads in rivers in England compared with 50% from agricultural activities, so it is all the problem of farmers and not of housebuilders.
I quote from the Home Builders Federation:
“It is estimated that all existing development, including residential, commercial and the rest of the built environment, contributes less than 5% towards the phosphate and nitrate loads in our rivers—meaning the occupants of any new homes built would make a negligible difference”.
But the evidence base is, very strangely, lacking: where does that 5% come from? Searching for it leads me to believe that the figure has been extrapolated from a 2014 Defra report, The Impact of Agriculture on the Water Environment: summary of evidence, which was used to inform the 25-year environment plan. The first thing to note is that this report has since been updated by Defra, and the most recent statistics stand as follows:
“Agriculture is the dominant source of nitrate in water (about 70% of total inputs), with sewage effluent a secondary contributor (25-30%)”—
not 5%.
I also looked at other data that could support this level of 5% from the built environment, so I did a search of academic studies that had been published in the peer-reviewed literature in the past three years in similar climatic regions across the world to look at the percentage source of pollution in river catchments that contain a mix of agriculture and urban development. I could not find a single example that suggested a value as low as 5% of the nutrients in rivers coming from housing. One found that, in a large catchment containing seven rivers, 14% of nutrients were from wastewater from residential buildings; in another, it was 33%, and 28% in another. All were significantly higher than the 5% that we have been told is the likely impact. For the UK, a recent assessment by Greenshank Environmental also indicates a far higher nutrient load in rivers from housing, closer to 36%. I therefore urge other noble Lords not to take this 5% figure too seriously.
Worse than this, if Amendment 247YYA goes through, we will never know the true value, since the amendment instructs planning authorities to assume no increase in pollution, prevents them requesting an assessment to investigate pollution further and even goes as far as to instruct authorities to ignore any evidence of potential adverse impacts; for example, as provided by scientific studies or even NGOs. It simply cannot be acceptable to amend one of our key environmental protections like this.
These amendments also fly in the face of the environment statement on the Bill, which says:
“The Bill will not have the effect of reducing the level of environmental protection provided for by any existing environmental law”.
That does not seem to be the case. The Government’s own adviser, and the chair of the Office for Environmental Protection, made this point in a letter to the Government last week.
In conclusion, I will not be supporting these later government amendments. I urge other noble Lords to do the same, not least because in this country we are already dealing with extremely polluted rivers. In February this year, the Environment Agency reported that only 14% of our rivers are classified as being in a good ecological status. It also stated that, without new interventions, this figure will drop to just 6% by 2027. I beg to move.
Baroness Scott of Bybrook (Con)
My Lords, with the leave of the House, and to assist noble Lords participating in this debate, I will speak to the government amendments in this group. I will of course address the amendments tabled by noble Lords and the wider debate in my closing remarks.
All the amendments in my name address the major issue of nutrient neutrality, which has effectively stalled or blocked completely housing development in affected areas. For procedural reasons, and agreed in the usual channels, I will treat the tailing amendments—Amendments 247YE and 247YX—as de-grouped.
This issue is hampering local economies, depriving communities of much needed housing and threatening to put the SME builders out of business. Nutrients entering our rivers is a real and serious problem, but the contribution made by new homes is very small compared with that from sources such as industry, agriculture and our existing housing stock. Government Amendments 247A to 247YW cover a range of improvements to our current approach to improving wastewater treatment. These amendments respond to comments and concerns of noble Lords in Committee about more nature-based and catchment-based approaches. I hope they will be welcomed.
I now turn to Amendment 247YYA, mentioned by the noble Baroness, Lady Willis of Summertown, which would require a competent authority to make a reasonable assumption for relevant developments that nutrients from that development will not adversely affect the integrity of the site. The assumption we are asking competent authorities to make is reasonable for two reasons. First, this assumption is limited to the development where the wastewater is treated by a wastewater treatment works or private treatment system regulated under the environmental permitting regulations. This means that nutrient loads in wastewater will remain strictly controlled through the environmental permitting regime, which places legally binding duties on water companies, and through the regulators of the water industry, which are subject to the requirements of the habitats regulations. Secondly, the mitigations that we are putting in place will ensure that there are no additional nutrient loads from residential development.
If we are to take these reasonable steps, we need to amend the habitats regulations in the way our amendments set out. This is a carefully targeted and specific change, aimed only at addressing a disproportionate application of the regulations since the Dutch nitrogen case in the European Court of Justice. Following the findings in this case, since March 2022 housing development in affected catchments has been stalled or blocked—even though new housing contributes such a small proportion of pollution.
In these areas, following the guidance that Natural England was required to issue, development may not be consented unless and until, case by case, house by house, mitigation is in place. This applies even though the additional pollution we are talking about—the additional nitrate and phosphate which remains in the water after domestic sewage is treated—will not get anywhere near the waterways unless the houses not only have planning permission but have been built and occupied.
New development is stalling at the point of planning permission, or even, in many cases, after permission has been granted. It is an absurd situation that is undermining local economies, costing jobs, threatening to put small developers out of business and, above all, leaving communities without the homes that they want and need.
This is not to say that the problem of nutrient pollution in our rivers is unimportant—it very much is—but developers and local planning authorities are bound up in a burdensome and expensive process that does nothing to give certainty to anyone, creating huge opportunity costs. In some catchment areas, hard work by Natural England, environmental groups and developers has started to allow some housing to be consented. However, having listened to the concerns of local communities, local authorities and housebuilders, it is clear that these schemes are moving too slowly, with no guarantee that demand can be met imminently.
Baroness Hayman of Ullock (Lab)
My Lords, I start by thanking the noble Baroness, Lady Willis of Summertown, for her introduction to this debate. It has been a very important debate with some excellent contributions, and I am sure that it has given many noble Lords on the opposite Benches food for thought. I will speak to my Amendment 247YYDA and will oppose certain government amendments in this group.
The current nutrient neutrality rules do not work, as we have heard from noble Lords today, but we do not think that the Government’s proposals work either. We certainly do not agree with the powers being introduced in government Amendment 247YY, or government Amendment 247YYA, which introduces new Schedule 13 and means abandoning legal protections for the nation’s most precious and sensitive habitats, on the premise that this is the only way to increase housing supply. As we have heard from noble Lords, this is completely wrong. It is entirely possible to balance the need for more homes with the need to protect nature. That is why have tabled Amendment 247YYDA, which would establish a process to consider alternative ways to reform nutrient neutrality regulations. Perhaps I can draw the attention of the noble Lords, Lord Best and Lord Moylan, to our proposals.
The amendment would launch a public consultation to consider the alternatives, allowing for an evidence-based approach that the Government’s new schedule completely lacks. Before I expand on how that alternative could be established, I want to explain why we will be opposing the introduction of the government amendments in this group.
Put simply, this change of policy means that developers will no longer need to mitigate harmful pollutants when building in the most environmentally sensitive areas. Noble Lords have made quite clear their concerns about this approach. We believe that the resulting increase in river pollution is a wholly unnecessary price to pay for building the homes that we are in short supply of. We also believe that the way the Government have introduced the amendments has been entirely inappropriate.
As we have heard from other noble Lords in this debate, the Bill has been passing through Parliament for more than 16 months, and yet this policy has been added only at the very last minute, during the final days of Report. It is accompanied, as we have heard, by excessive regulatory powers, which we will oppose, and which, as we have heard, noble Lords on the Delegated Powers Committee, have referred to as “open-ended”. I would not suggest that the word “proportionate”, which the Minister used, was the correct response. What is more, the committee noted that
“there appears to have been no public consultation or engagement with stakeholders prior to the publication of these measures”.
For a group of amendments which the Government claim could cost £230 million—other estimates suggest they would cost far more—no consultation or engagement is, frankly, astounding.
As the noble Duke, the Duke of Wellington, said, but which I think needs repeating, the Office for Environmental Protection has issued statutory advice to say that the measure
“would demonstrably reduce the level of environmental protection provided for in existing environmental law”—
in other words, a regression. We have already heard, and so the House will not need further reminding, that during consideration of the retained EU law Bill the Government repeatedly ruled out ever taking this step. On Monday 26 June, the noble Lord, Lord Callanan, told this House that
“the Government will not row back on our world-leading environmental protections”.—[Official Report, 26/6/23; col. 469.]
However, the Office for Environmental Protection says that this is exactly what is happening. We believe, therefore, that it is wholly inappropriate for this House to agree these amendments to the Bill.
Instead, I urge the Minister to consider the approach that we have outlined in Amendment 247YYDA, which would open up the possibility of nutrient neutrality reform on the basis of consultation and evidence, and through the principle of good law. This is an amendment which has benefited from the input of the Local Government Association, and, I am pleased to say, has the support of Wildlife and Countryside Link. As I mentioned earlier, it would allow for a public consultation on various proposals which have been suggested by other Members of this House and other organisations across the UK. While I will not delve into the various options now, noble Lords will note that proposed new subsection (2) outlines the key alternatives. I also draw attention to the fact that the amendment stipulates that the consultation would launch, be completed and laid before both Houses within three months. I see no reason why the Government cannot provide an evidence-based solution to this Parliament.
It is abundantly clear that there are far better ways to build the new homes we need than at the expense of our precious environment. I hope the Minister will accept our amendment, withdraw the government amendments, and agree that polluting our rivers is not a price we need to pay for sufficient housing supply. If not, as other noble Lords have indicated, we will oppose the government amendments.
Baroness Scott of Bybrook (Con)
My Lords, let me conclude this debate by responding to a number of points that have been made, starting with the noble Duke, the Duke of Wellington. I shall not name all noble lords, if your Lordships do not mind, in each response, but those who asked the questions will know who they are, and questions were asked by a number of noble Lords.
I turn first to the question on the views of the OEP. As my right honourable friend the Environment Secretary has set out very clearly in her response to the Office for Environmental Protection, we do not accept that this will lead to regression in environmental outcomes. It is the Government’s judgment that it will not. The reform package will improve the conditions of these habitat sites. The obligations on water companies to upgrade wastewater treatment works in designated catchment areas by 1 April 2030 will far outweigh the nutrients expected from the new housing developments, by putting in place wider upgrades for the long term. These upgrades will benefit existing houses, not just new homes, providing an effective approach to reducing existing wastewater nutrient pollution, not just forestalling the possible future pollution from development. On top of that, we are doubling investment in Natural England’s nutrient mitigation scheme to £280 million, which will be sufficient to offset the very small amount of additional nutrient discharge attributable to the 100,000 homes between now and 2030.
Staying on the OEP, my noble friend Lady McIntosh suggested that the Government broke the law on sewage. We always welcome scrutiny from the OEP, and we are co-operating with it fully to support its work in many areas. The OEP has not concluded that the Government broke the law on combined sewer overflows; it issued an information notice requesting a further response from Defra, Ofwat and the Environment Agency, and is continuing to investigate.
I move on to another issue that the noble Duke, the Duke of Wellington, brought up, as did many other noble Lords: how can we justify asking local authorities to effectively ignore the facts? I dealt with this in my opening speech, but I am going to repeat it.
The assumption we are asking competent authorities to make is reasonable for two reasons. First, this assumption is limited to developments where the wastewater is treated by a wastewater treatment works or a private treatment system regulated under the environmental permitting regulations. This means that nutrients from wastewater will remain subject to the strict legal duties that are binding on water companies and others who operate wastewater treatment systems. These duties are becoming stricter in many affected catchments, thanks to the wastewater treatment work upgrades mandated through the Bill. As I said before, the Government estimate that this will lead to a 69% reduction in phosphorus loads and around a 57% reduction in nitrogen loads in total from wastewater treatment works across all affected catchments, significantly reducing nutrient pollution at source in a principled manner.
Secondly, a package of measures we are putting in place will ensure that we more than offset the additional nutrient flows from new housing. This includes the significant additional investments we are putting into Natural England’s nutrient mitigation scheme. Local authorities will be able to object to planning applications on the basis of nutrient pollution; it is mandatory to consider it. Local planning authorities will still have to consider the impact from nutrient pollution as a material planning consideration, as the amendments made no change to the wider operation of the planning system.
Planning decision-makers will continue to have regard to the national planning policy and material planning considerations, and the Government are clear that the focus of planning decisions should always be on whether the proposed development is an acceptable use of land, rather than the control of processes, where these are subject to separate pollution control regimes. Nutrient pollution from wastewater treatment works is controlled under environmental permits, and planning decisions should assume that these regimes will operate effectively.
Another issue brought up by a number of noble Lords is that the developer should pay. The Government agree. It is essential that housebuilders contribute fairly, and we all agree with the principle that the polluter should pay. We are working with the HBF to structure a fair and appropriate contribution system. My officials are in active discussions with it about the design of these schemes, including considering how they are delivered.
“(1A) In carrying out the duty under subsection (1), a sewerage undertaker must consider whether nature-based solutions, technologies and facilities relating to sewerage and water could be used to meet the standard.”Member's explanatory statement
This amendment requires sewerage undertakers to consider using nature-based solutions in the course of meeting the nutrient pollution standard.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment is consequential on the amendment that substitutes Schedule 13.
Baroness Scott of Bybrook (Con)
My Lords, I beg to move this de-grouped amendment.
Baroness Scott of Bybrook
“(c) all catchment permitting areas.”Member's explanatory statement
This amendment is consequential on the second amendment in my name to clause 158 at page 188, line 22.
Member's explanatory statement
This amendment, which is consequential on the amendment that substitutes Schedule 13, revises the description of the provision made by Schedule 13.
Baroness Scott of Bybrook (Con)
My Lords, I beg to move this de-grouped amendment.
Baroness Scott of Bybrook
“Regulations: nutrients in water in England(1) The Secretary of State may by regulations make provision about the operation of any relevant enactment in connection with the effect of nutrients in water that could affect a habitats site connected to a nutrient affected catchment area.(2) The regulations may make any provision which the Secretary of State considers appropriate, including provision that—(a) disapplies or modifies, in relation to a relevant enactment, any effect of nutrients in water;(b) confers, removes or otherwise modifies a function (including a function involving the exercise of a discretion) under or by virtue of a relevant enactment;(c) affects how such a function is exercised, including the extent to which (if any) the effect of nutrients in water is taken, or to be taken, into account; (d) provides for an obligation under or by virtue of a relevant enactment to be treated as discharged (in circumstances where, but for the provision, the obligation may not have been discharged);(e) amends, repeals, revokes or otherwise modifies any provision of a relevant enactment.(3) A “relevant enactment” means—(a) an enactment comprised in or made under an Act of Parliament, or(b) retained direct EU legislation,so far as it relates to the environment, planning or development in England.(4) The enactments referred to in subsection (3)(a) do not include—(a) this section;(b) Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).(5) Neither regulation 9 nor 16A of the Conservation of Habitats and Species Regulations 2017 applies in relation to this section.(6) In subsection (1) “habitats site” and “nutrient affected catchment area” have the meaning given in section 96J(2) of the Water Industry Act 1991; and a habitats site is connected to a nutrient affected catchment area if water released into the catchment area would drain into the site.(7) In this section “nutrients” means nutrients of any kind.(8) The power under subsection (1) may not be exercised after 31 March 2030.”Member's explanatory statement
This amendment confers a power on the Secretary of State to make regulations affecting the operation, in connection with the effect of nutrients in water, of enactments concerned with the environment, planning or development in England.
Baroness Scott of Bybrook
“Schedule 13Amendments of the Conservation of Habitats and Species Regulations 2017: effect of nutrient pollution in waste waterPart 1Introductory1 The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) are amended as set out in this Schedule.Part 2Planning2 Chapter 2 of Part 6 (assessment of plans and projects: planning) is amended as follows.3 In regulation 70 (grant of planning permission), after paragraph (4) insert—“(5) See regulation 85A for provision about the effect of nutrient pollution in waste water.”4 In regulation 71 (planning permission: duty to review), after paragraph (9) insert—“(10) See regulation 85A for provision about the effect of nutrient pollution in waste water.”5 In regulation 77 (general development orders: approval of local planning authority), after paragraph (7) insert—“(8) See regulation 85B for provision about the effect of nutrient pollution in waste water.”6 In regulation 79 (special development orders), after paragraph (5) insert—“(6) See regulation 85A for provision about the effect of nutrient pollution in waste water.”7 In regulation 80 (local development orders), after paragraph (5) insert—“(6) See regulation 85A for provision about the effect of nutrient pollution in waste water.”8 In regulation 81 (neighbourhood development orders), after paragraph (5) insert—“(5A) See regulation 85A for provision about the effect of nutrient pollution in waste water.”9 In regulation 82 (simplified planning zones), after paragraph (6) insert—“(7) See regulation 85A for provision about the effect of nutrient pollution in waste water.”10 In regulation 83 (enterprise zones), after paragraph (6) insert— “(7) See regulation 85A for provision about the effect of nutrient pollution in waste water.”11 After regulation 85 insert—“Decisions where nutrient pollution in waste water is relevant: general(1) This regulation applies where—(a) a competent authority makes a relevant decision,(b) the potential development is development in England,(c) urban waste water from any potential development could affect a relevant site, and(d) that waste water would be dealt with—(i) under an environmental permit granted under Chapter 2 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016, or(ii) in accordance with standard rules published under Chapter 4 of Part 2 of those Regulations.(2) When making the relevant decision, the competent authority must assume that nutrients in urban waste water from the potential development, whether alone or in combination with other factors, will not adversely affect the relevant site.(3) Accordingly, a potentially adverse effect on a relevant site caused by nutrients in urban waste water, whether alone or in combination with other factors, is not a ground for the competent authority to determine that—(a) an appropriate assessment is required by regulation 63(1) or 65(2), or(b) the potential development will adversely affect the integrity of the relevant site or otherwise have negative implications for the site.(4) The assumption in paragraph (2) must be made even if a finding (however described) to the contrary is made—(a) in the conclusions of an appropriate assessment, carried out in accordance with regulation 63(1) or 65(2) and despite paragraph (3)(a),(b) in representations made by the appropriate nature conservation body, in accordance with regulation 63(3), or(c) by any other person.(5) A competent authority is not to be regarded as having failed to comply with a duty imposed by any provision of these Regulations or another enactment because it has acted in accordance with this regulation.(6) In this regulation—“potential development” , in relation to a relevant decision, means development—(a) that could be carried out by virtue of the planning permission, development order or scheme to which the decision relates, or(b) to which the decision otherwise relates;“relevant decision” means—(a) where any of the following provides that the assessment provisions apply in relation to doing a thing, the decision whether or not to do it—(i) regulation 70 (grant of planning permission),(ii) regulation 79 (special development orders),(iii) regulation 80 (local development orders),(iv) regulation 81 (neighbourhood development orders),(v) regulation 82 (simplified planning zones), or(vi) regulation 83 (enterprise zones),(b) where any of the following provides that the review provisions apply in relation to a matter, a decision under regulation 65(1)(b) on a review of the matter— (i) regulation 71 (planning permission: duty to review),(ii) regulation 79 (special development orders),(iii) regulation 80 (local development orders),(iv) regulation 81 (neighbourhood development orders),(v) regulation 82 (simplified planning zones), or(vi) regulation 83 (enterprise zones);but this does not apply to a matter mentioned in regulation 71(4) (any review of which would be conducted in accordance with another Chapter),(c) a decision on an application for a consent, agreement or approval required by a condition or limitation attached to a planning permission, or specified in an order, granted under Part 3, 7 or 13 of the Town and Country Planning Act 1990,(d) a decision whether to grant a reserved matters approval in accordance with section 92(1) of that Act, or(e) a decision whether to approve a biodiversity gain plan under paragraph 15 (approval of biodiversity gain plan) of Schedule 7A to that Act.Decisions where nutrient pollution in waste water is relevant: general development orders(1) Paragraph (2) applies where—(a) a local planning authority (within the meaning given by regulation 78(1)) makes a decision on an application under regulation 77 (general development orders: approval of local planning authority) for approval as mentioned in regulation 75 relating to proposed development in England,(b) urban waste water from the proposed development could affect a relevant site, and(c) that waste water would be dealt with—(i) under an environmental permit granted under Chapter 2 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016, or(ii) in accordance with standard rules published under Chapter 4 of Part 2 of those Regulations.(2) When making the decision, the competent authority must assume that nutrients in urban waste water from the proposed development, whether alone or in combination with other factors, will not adversely affect the relevant site.(3) Accordingly, a potentially adverse effect on a relevant site caused by nutrients in urban waste water, whether alone or in combination with other factors, is not a ground for the competent authority to determine that—(a) an appropriate assessment is required by regulation 77(6), or(b) the proposed development will adversely affect the integrity of the relevant site or otherwise have negative implications for the site.(4) The assumption in paragraph (2) must be made even if a finding (however described) to the contrary is made—(a) in the conclusions of an appropriate assessment, carried out in accordance with regulation 77(6) and despite paragraph (3)(a),(b) in the opinion provided by the appropriate nature conservation body, in accordance with regulation 76(4), or(c) by any other person.(5) A competent authority is not to be regarded as having failed to comply with a duty imposed by any provision of these Regulations or another enactment because it has acted in accordance with this regulation. Regulations 85A and 85B: interpretation(1) In regulations 85A and 85B—“nutrients” means nutrients—(a) comprising nitrogen or phosphorus, or(b) comprising compounds of nitrogen or phosphorus;“relevant site” means a habitats site connected to a nutrient affected catchment area;“urban waste water” has the meaning given by regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/2841).(2) In the definition of “relevant site” in paragraph (1) “habitats site” and “nutrient affected catchment area” have the meaning given in section 96J(2) of the Water Industry Act 1991; and a habitats site is connected to a nutrient affected catchment area if water released into the catchment area would drain into the site.”Part 3Land use plans12 Chapter 8 of Part 6 (assessment of plans and projects: land use plans) is amended as follows.13 In regulation 105 (assessment of implications for European sites and European offshore marine sites), after paragraph (6) insert—“(7) See regulation 110A for provision about the effect of nutrient pollution in waste water.”14 In regulation 106 (assessment of implications for European site: neighbourhood development plans), after paragraph (3) insert—“(3A) See regulation 110A for provision about the effect of nutrient pollution in waste water.”15 In regulation 110 (national policy statements), in paragraph (3)(a), for “and 108” substitute “, 108 and 110A”.16 After regulation 110 insert—“Assessments under this Chapter: decisions where nutrient pollution in waste water is relevant(1) Paragraph (2) applies where—(a) a plan-making authority makes a relevant decision in relation to a land use plan relating to an area in England,(b) urban waste water from the area to which the plan relates could affect a relevant site, and(c) that waste water could be dealt with—(i) under an environmental permit granted under Chapter 2 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016, or(ii) in accordance with standard rules published under Chapter 4 of Part 2 of those Regulations.(2) When making the relevant decision, the competent authority must assume that nutrients in urban waste water from the area to which the plan relates, whether alone or in combination with other factors, will not adversely affect the relevant site.(3) Accordingly, a potentially adverse effect on a relevant site caused by nutrients in urban waste water, whether alone or in combination with other factors, is not a ground for the competent authority to determine that—(a) an appropriate assessment is required by regulation 105(1) or 106(3), or(b) the proposed use of the land will adversely affect the integrity of the relevant site or otherwise have negative implications for the site.(4) The assumption in paragraph (2) must be made even if a finding (however described) to the contrary is made— (a) in the conclusions of an appropriate assessment, carried out in accordance with regulation 105(1) or 106(3) and despite paragraph (3)(a),(b) in representations made by the appropriate nature conservation body, in accordance with regulation 105(2), or(c) by any other person.(5) A competent authority is not to be regarded as having failed to comply with a duty imposed by any provision of these Regulations or another enactment because it has acted in accordance with this regulation.(6) In this regulation “nutrients”, “relevant site” and “urban waste water” have the meaning given in regulation 85C.(7) In this regulation “relevant decision” means—(a) a decision whether to give effect to a land use plan, or(b) a decision whether to modify or revoke a neighbourhood development plan.””Member's explanatory statement
This amendment substitutes Schedule 13, which amends the Conservation of Habitats and Species Regulations 2017, to provide that certain authorities/bodies (when exercising duties or making decisions relevant to the regulations) must assume that nutrients in waste water from proposed developments will not adversely affect habitats sites.
Baroness Scott of Bybrook
“(3A) Where—(a) the nutrient significant plant referred to in paragraph (1) is a plant that discharges treated effluent into a catchment permitting area (see section 96FA of the Water Industry Act 1991), and(b) the sewerage undertaker has failed to comply with a condition in the environmental permit for the plant imposed in pursuance of subsection (3)(b) of that section,the definition of “excess nutrient pollution” in paragraph (3) is subject to the following modifications.(3B) In a case where the condition relates to the total nutrient pollution discharged by the plant specifically, references in that definition to the “upgrade date” are to be read as the “applicable date”.(3C) In a case where the condition relates to the total nutrient pollution discharged by all plants that discharge into the associated catchment area, that definition is to be read as if—(a) in the words before paragraph (a), after “by the plant” there were inserted “and all other plants that discharged into the associated catchment area for that plant”,(b) in paragraph (a), for “upgrade date” there were substituted “applicable date”, and(c) in the words after paragraph (b)—(i) for “that it” there were substituted “that both it and those other plants”, and(ii) for “upgrade date” there were substituted “applicable date”.(3D) For the purposes of paragraph (3) as modified by paragraph (3B) or (3C), the “applicable date” is to be determined in accordance with section 96FA(6)(a) of the Water Industry Act 1991.”Member’s explanatory statement
This amends the provision to be inserted into the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 by clause 160 so that provision functions in relation to catchment permitting areas, introduced by the second amendment in my name to clause 158 at page 188, line 22.
Baroness Taylor of Stevenage (Lab)
My Lords, the percentage of second homes in so many parts of the country has had such a devastating impact on communities. We heard about that in great detail in Committee and had many examples from all sides of the House. We noted that it particularly impacts on rural and coastal communities. I am also concerned about the tax loophole and that so many second home owners avoid paying either council tax or business rates. This is clearly an anomaly and needs to be resolved.
The amendments in the names of the noble Lords, Lord Foster and Lord Shipley, would be an important next step in tackling this. We too welcome the licensing steps already taken but, if we are going to tackle this, we need to go one step further. We look forward to hearing the Minister’s response to the amendments proposed.
Earl Howe (Con)
My Lords, Amendments 247YYE and 288B, in the name of the noble Lord, Lord Foster, and spoken to by the noble Lord, Lord Shipley, bring us to the often sensitive issue of second homes. We recognise that large volumes of second homes or short-term lets can become an issue when they are concentrated in particular areas. That is why the Government have taken decisive action. We committed to introduce a registration scheme for short-term lets in England through this Bill and consulted on the design of the scheme earlier this year. At the same time, we also consulted on proposals for a new short-term let use class with associated permitted development rights. Further announcements on both consultations will be provided in due course.
We introduced higher rates of stamp duty for second properties in 2016 and a new stamp duty surcharge for non-UK residents in 2021, and new measures to strengthen the criteria for holiday lets to be eligible for business rates came into effect in April. Furthermore, this Bill will give councils the discretionary power to apply a council tax premium of up to 100% on second homes.
The noble Lord, Lord Shipley, asked why we are not making further changes in respect of second homes. Through the Levelling-up and Regeneration Bill and other measures, the approach we are taking is to boost housing delivery more broadly to make more homes available, including in those areas where there are high concentrations of second homes. Second homes that are additionally let out may fall within the short-term let use class that I mentioned where they meet the definition.
It might be helpful if I say a little more about the Government’s approach to first-time buyers in particular. We recognise the hardship people face when they cannot find a home of their own. Our £11.5 billion affordable homes programme will deliver thousands of affordable homes to rent and buy right across the country. The Government are committed to helping first-time buyers to get on to the housing ladder. We operate a range of other government schemes, including shared ownership and the lifetime ISA and we continually keep options to support first-time buyers under consideration. We are also committed to ensuring that enough homes are built in the places where people and communities need them and our first homes scheme is providing new discounted homes prioritised for local first-time buyers.
The noble Baroness, Lady Taylor, referred to the common perception that some second homeowners may pretend to let out their property in order to benefit from small business rate relief. That is why the Government introduced, from April this year, new criteria for holiday lets to show that they have been let for at least 70 days and have been available for at least 140 days in the previous year. If they are entitled to receive small business rate relief as a holiday let operator, that is perfectly appropriate. If a property cannot demonstrate those criteria, it will be liable for council tax.
Earl Howe (Con)
My Lords, in Amendment 248 my noble friend Lord Holmes of Richmond brings us back to the use of roads adjacent to pavements that have been granted a licence. I can assure him that there are already clear processes by which a local authority can consider the pedestrianisation of a street, including to facilitate outdoor dining, with vehicular access a relevant consideration in those processes: this is not an issue that will be glossed over. Pavement licences can then be granted if the conditions are seen to be right and, in recent years, we have seen the success of this in practice across the country.
The noble Baroness, Lady Pinnock, returned to the question of new powers for local authorities to charge for the use of the pavement. She is probably aware that the Business and Planning Act 2020 does not give local authorities a specific power to charge ongoing rent for the use of the pavement, and the aim behind that measure is to support businesses by making it significantly cheaper to gain a licence, compared to the previous route. The measure fully funds local authorities’ costs for providing this service: we are not looking to impose additional costs on businesses at a time of rising costs.
My noble friend’s Amendments 249 and 250 concern the fees to be charged for pavement licensing. The Government feel very strongly that we must keep costs reasonable and consistent for businesses. At a time when their costs are rising, we should not place additional financial burdens on businesses still recovering from the pandemic. The fee caps in the Bill have not been arrived at by accident but are the result of close work with local authorities, businesses, leaders from the hospitality sector and communities. They reflect the actual costs of processing, monitoring and enforcing pavement licences. I also make the point, on Amendment 250, that the direct attribution of profit to the granting of a licence would not be a simple matter.
As for my noble friend’s proposal in Amendment 253 for deemed rejection rather than a deemed granting of a licence in the event of no decision being made within the determination period, I say to him that it would not be right to punish applicants for delayed local authority decisions. Deemed consent encourages local authorities to make decisions while ensuring that the local and national conditions which would otherwise have applied are applied and can then be enforced, including by the removal of the licence.
My noble friend’s Amendment 251, changing the start of the consultation period to the time at which a receipt has been sent to the applicant, would add an additional and, in our view, unnecessary step and potentially delay the process.
Amendments 252 and 255 would likewise increase both the consultation and determination periods that apply. We have listened carefully to the views of local authorities, communities, businesses and other concerned organisations and believe that our proposals strike the right balance, protecting the ability of everyone to be heard while ensuring that businesses receive a decision in a reasonable timeframe.
I turn to my noble friend’s Amendments 254 and 256 dealing with the free flow of pedestrians and the conditions which may be imposed by a licence. The Business and Planning Act 2020 already requires that local authorities take this into consideration, preventing licences being granted where they would preclude entry on to or passage along the highway, or normal access to premises adjoining the highway. On Amendment 256, the Act already provides powers for local authorities to impose conditions such as these, and we are anecdotally aware of local authorities having done so. As such, we do not consider that specific reference to the discretion for local authorities to do so is needed. These are rightly matters determined locally.
The noble Baroness, Lady Taylor, suggested that the Government’s wording in this area was not quite tight enough. We have made it clear in the pavement licence guidance that, when setting local conditions and determining applications, local authorities should consider the need for barriers to be put in place to separate furniture from the rest of the footway so that people who are visually impaired can navigate around the furniture. As recommended by the RNIB, we have highlighted that best practice involves using measures such as colour contrast and a tap rail for long cane users. However, this will need to be balanced to ensure that any barriers do not inhibit access for other street users, such as people with mobility impairments, if they are creating a further obstacle in the footway.
On Amendment 257, I thank my noble friend for raising the very important issue of accessibility and the impact of pavement licensing on disabled users of the highway. In considering whether to grant a licence, Section 3(7) requires particular regard to be given to the needs of disabled people and to guidance on this matter published by the Secretary of State. That guidance, developed in close collaboration with the Guide Dogs for the Blind Association and the RNIB, includes details of minimum accessibility width considerations for disabled persons. We believe that the determination as to the best way to meet the needs of disabled persons is best made locally, taking account of the specific circumstances for that pavement, particularly since physical barriers may on occasion hinder accessibility, as I have already alluded to.
Finally, Amendment 258, in the name of my noble friend Lord Young of Cookham, would create a national condition banning smoking in pavement licensed areas. Of course I understand very well the strength of feeling expressed by my noble friend and a number of noble Lords on the nuisance caused by the smoking of tobacco. Both my noble friend and the noble Baroness, Lady Northover, called for pavement licensing to be made smoke-free. My noble friend stressed the need to protect the interests of non-smokers in particular.
I can tell the noble Lord, Lord Faulkner, that the Government fully recognise the importance of this issue for public health, but we also recognise the need to do what is reasonable and proportionate in all the circumstances. Our guidance already makes it clear that pavement licences require businesses to make reasonable provision for seating for non-smokers to ensure choice for customers. It is also clear that ways of meeting this requirement could include clear “No Smoking” signs, the removal of ashtrays in smoke-free areas and a minimum 2-metre distance between smoking and non-smoking areas, wherever possible. Local authorities are also able to consider setting their own conditions, where appropriate, and where local decision-makers believe it is reasonable to do so. We are aware that a number of councils across the country have put in place local conditions with the effect that noble Lords are calling for. As my noble friend Lord Naseby rightly said, it is perfectly possible for councils to do this, and we think it is better for decisions of this sort to be taken locally so that individual circumstances are taken into account.
I recognise the intention behind my noble friend’s amendment, which is a benign intention. However, I think he would concede that this is an issue wholly different in kind from that of planning fees, where it is incumbent on government to ensure financial fairness across the country. We consider it right that this is a decision made locally, taking into account the representations received, rather than imposed nationally.
Lord Young of Cookham (Con)
Before my noble friend sits down, he has said that this is a decision best taken locally. But that is not what the Local Government Association wants—it wants it to be taken nationally.
Earl Howe (Con)
Well, my Lords, the Government will continue to listen to the Local Government Association very carefully in this connection. I can only say that we are not persuaded yet that this move would be the right one, having consulted extensively with all stakeholders involved.
Monday 18th September 2023
(1 year, 3 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Amendment Paper: HL Bill 142-VIII(a) Amendment for Report (Supplementary to the Eighth Marshalled List) - (15 Sep 2023)
18:17 - Division on Amendment 265A - Ayes: 192 / Noes: 161 - Amendment 265A agreed.
18:30 - Division on Amendment 276 - Ayes: 198 / Noes: 158 - Amendment 276 agreed.
18:48 - Division on Amendment 277 - Ayes: 177 / Noes: 152 - Amendment 277 agreed.
19:46 - Division on Amendment 281 - Ayes: 178 / Noes: 143 - Amendment 281 agreed.
20:22 - Division on Amendment 282C - Ayes: 153 / Noes: 134 - Amendment 282C agreed.
20:50 - Division on Amendment 282K - Ayes: 138 / Noes: 130 - Amendment 282K agreed.
21:15 - Division on Amendment 307A - Ayes: 133 / Noes: 125 - Amendment 307A agreed.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Barran
“ScheduleUse of non-domestic premises for childcare: registrationIntroductory
1 The Childcare Act 2006 is amended as follows.Early years provision
2 In section 32 (maintenance of the two childcare registers), after subsection (5) insert—“(6) In this section—(a) a reference to persons registered as early years childminders is to be read as a reference to persons registered as early years childminders with domestic premises and to persons registered as early years childminders without domestic premises collectively; (b) a reference to persons registered as later years childminders is to be read as a reference to persons registered as later years childminders with domestic premises and to persons registered as later years childminders without domestic premises collectively;(c) a reference to persons registered as childminders by the Chief Inspector for the purposes of Chapter 4 is to be read as a reference to persons so registered as childminders with domestic premises and to persons so registered as childminders without domestic premises collectively.”3 (1) Section 33 (requirement to register: early years childminders) is amended as follows.(2) In the heading, at the end insert “with domestic premises”.(3) In subsection (1), in the words before paragraph (a)—(a) after “England” insert “, where some or all of the childminding is provided on domestic premises,”;(b) after “childminder” insert “with domestic premises”.4 (1) Section 34 (requirement to register: early years providers) is amended as follows.(2) For subsections (1) and (1ZA) substitute—“(1) A person may not provide early years provision on non-domestic premises in England unless—(a) the person is registered in the early years register as an early years provider other than a childminder (whether or not the provision is or includes early years childminding), or(b) the provision is early years childminding, none of which is provided on domestic premises, and the person is registered as an early years childminder without domestic premises—(i) in the early years register, or(ii) with an early years childminder agency.(1ZA) Subsection (1)(a) does not apply to early years provision in respect of which the person providing it is required to be registered under section 33(1) or under subsection (1A).”(3) In subsection (1A)—(a) after “96(5)” insert “, and some or all of which is provided on domestic premises,”;(b) after “registered” insert “as an early years provider other than a childminder”.5 (1) Section 35 (applications for registration: early years childminders) is amended as follows.(2) In the heading, at the end insert “with domestic premises”.(3) In subsection (1)—(a) in paragraph (a), for “as an early years childminder in the early years register” substitute “in the early years register as an early years childminder with domestic premises”;(b) in paragraph (b), at the end insert “with domestic premises”.(4) In subsection (5), in each of paragraphs (aa) and (ab), after “as an early years childminder” insert “with domestic premises”.6 (1) Section 36 (application for registration: other early years providers) is amended as follows.(2) In subsection (1), for the words from “to the Chief” to the end substitute “—“(a) in any case, to the Chief Inspector for registration as an early years provider other than a childminder, or(b) if the early years provision is early years childminding— (i) to the Chief Inspector for registration as an early years childminder without domestic premises, or(ii) to an early years childminder agency for registration with that agency as an early years childminder without domestic premises,(whether or not an application is also made under paragraph (a)).”(3) In each of subsections (3) and (4), for “subsection (1)” substitute “subsection (1)(a) or (b)(i)”.(4) In subsection (4A), after “subsection” insert “(1)(b)(ii) or”.(5) In subsection (5), after paragraph (ab) insert—“(ac) prohibiting the applicant from being registered in the early years register as an early years childminder without domestic premises if the applicant is registered with a childminder agency;(ad) prohibiting the applicant from being registered with an early years childminder agency as an early years childminder without domestic premises if the applicant is registered—(i) with another childminder agency;(ii) in the early years register or the general childcare register;”.7 (1) Section 37 (entry on the register and certificates) is amended as follows.(2) In subsection (1)(a), after “childminder” insert “with domestic premises”.(3) In subsection (2)—(a) in the words before paragraph (a), for “36(1)” substitute “36(1)(a)”;(b) in paragraph (a), after “childminder” insert “(even if, in the case of an application under section 36(1)(a), the early years provision is or includes early years childminding)”.(4) After subsection (2) insert—“(2A) If an application under section 36(1)(b)(i) is granted, the Chief Inspector must—(a) register the applicant in the early years register as an early years childminder without domestic premises, and(b) give the applicant a certificate of registration stating that the applicant is so registered.”(5) In subsection (3), for “or (2)” substitute “, (2) or (2A)”.8 (1) Section 37A (early years childminder agencies: registers and certificates) is amended as follows.(2) In subsection (1)(a), after “childminder” insert “with domestic premises”.(3) After subsection (1) insert—“(1A) If an application under section 36(1)(b)(ii) is granted, the early years childminder agency must—(a) register the applicant in the register maintained by the agency as an early years childminder without domestic premises, and(b) give the applicant a certificate of registration stating that the applicant is so registered.”(4) In subsection (3), after “(1)” insert “, (1A)”.Later years provision
9 (1) Section 52 (requirement to register: later years childminders for children under eight) is amended as follows.(2) In the heading, at the end insert “with domestic premises”.(3) In subsection (1), in the words before paragraph (a)—(a) after “eight” insert “, where some or all of the childminding is provided on domestic premises,”; (b) after “childminder” insert “with domestic premises”.10 (1) Section 53 (requirement to register: other later years providers for children under eight) is amended as follows.(2) For subsections (1) and (1ZA) substitute—“(1) A person may not provide, for a child who has not attained the age of eight, later years provision on non-domestic premises in England unless—(a) the person is registered in Part A of the general childcare register as a later years provider other than a childminder (whether or not the provision is or includes later years childminding), or(b) the provision is later years childminding, none of which is provided on domestic premises, and the person is registered as a later years childminder without domestic premises—(i) in Part A of the general childcare register, or(ii) with a later years childminder agency.(1ZA) Subsection (1)(a) does not apply to later years provision in respect of which the person providing it is required to be registered under section 52(1) or under subsection (1A).”(3) In subsection (1A)—(a) after “96(9)” insert “, and some or all of which is provided on domestic premises,”;(b) after “registered” insert “as a later years provider other than a childminder”.11 (1) Section 54 (applications for registration: later years childminders) is amended as follows.(2) In the heading, at the end insert “with domestic premises”.(3) In subsection (1)—(a) in paragraph (a), for “as a later years childminder in Part A of the general childcare register” substitute “in Part A of the general childcare register as a later years childminder with domestic premises”;(b) in paragraph (b), at the end insert “with domestic premises”.(4) In subsection (5), in each of paragraphs (aa) and (ab), after “as a later years childminder” insert “with domestic premises”.12 (1) Section 55 (application for registration: other later years providers) is amended as follows.(2) In subsection (1), for the words from “to the Chief” to the end substitute “—“(a) in any case, to the Chief Inspector for registration as a later years provider other than a childminder, or(b) if the later years provision is later years childminding—(i) to the Chief Inspector for registration as a later years childminder without domestic premises, or(ii) to a later years childminder agency for registration with that agency as a later years childminder without domestic premises,(whether or not an application is also made under paragraph (a)).”(3) In each of subsections (3) and (4), for “subsection (1)” substitute “subsection (1)(a) or (b)(i)”.(4) In subsection (4A), after “subsection” insert “(1)(b)(ii) or”.(5) In subsection (5), after paragraph (ab) insert— “(ac) prohibiting the applicant from being registered in Part A of the general childcare register as a later years childminder without domestic premises if the applicant is registered with a childminder agency;(ad) prohibiting the applicant from being registered with a later years childminder agency as a later years childminder without domestic premises if the applicant is registered—(i) with another childminder agency;(ii) in the early years register or the general childcare register;”.13 (1) Section 56 (entry on the register and certificates) is amended as follows.(2) In subsection (1), in paragraph (a), after “childminder” insert “with domestic premises”.(3) In subsection (2)—(a) in the words before paragraph (a), for “55(1)” substitute “55(1)(a)”;(b) in paragraph (a), after “childminder” insert “(even if, in the case of an application under section 55(1)(a), the later years provision is or includes later years childminding)”.(4) After subsection (2) insert—“(2A) If an application under section 55(1)(b)(i) is granted, the Chief Inspector must—(a) register the applicant in Part A of the general childcare register as a later years childminder without domestic premises, and(b) give the applicant a certificate of registration stating that the applicant is so registered.”(5) In subsection (3), for “or (2)” substitute “, (2) or (2A)”.14 (1) Section 56A (later years childminder agencies: registers and certificates) is amended as follows.(2) In subsection (1)(a), after “childminder” insert “with domestic premises”.(3) After subsection (1) insert—“(1A) If an application under section 55(1)(b)(ii) is granted, the later years childminder agency must—(a) register the applicant in the register maintained by the agency as a later years childminder without domestic premises, and(b) give the applicant a certificate of registration stating that the applicant is so registered.”(4) In subsection (3), after “(1)” insert “, (1A)”.15 In section 57 (special procedure for providers registered in the early years register), in subsection (1)—(a) in the words before paragraph (a), after “childminder” insert “with or without domestic premises”;(b) in paragraph (a), for “as a later years childminder” substitute “—(i) in the case of an early years childminder with domestic premises, as a later years childminder with domestic premises;(ii) otherwise, as a later years childminder without domestic premises”.16 (1) Section 57A (special procedure for providers registered with early years childminder agencies) is amended as follows.(2) In subsection (1)(a), after “childminder” insert “with or without domestic premises”.(3) In subsection (2)(a), for “as a later years childminder” substitute “—(i) in the case of an early years childminder with domestic premises, as a later years childminder with domestic premises; (ii) otherwise, as a later years childminder without domestic premises”.Voluntary registration
17 (1) Section 62 (applications for registration on the general register: childminders) is amended as follows.(2) In the heading, at the end insert “with domestic premises”.(3) In subsection (1), in the words after paragraph (b)—(a) before “may” insert “where some or all of the childminding is (or is to be) provided on domestic premises,”;(b) at the end insert “with domestic premises”.18 In section 63 (applications for registration on the general register: other childcare providers), for subsection (1) substitute—“(A1) Subsection (1) applies to a person who provides or proposes to provide on premises in England—(a) later years provision for a child who has attained the age of eight, or(b) early years provision or later years provision for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3,except where it is provision in respect of which an application for registration may be made under section 62.(1) The person may make an application to the Chief Inspector—(a) in any case, for registration in Part B of the general childcare register as a provider of childcare other than a childminder, or(b) where the provision is early years childminding or later years childminding, for registration in Part B of the general childcare register as a childminder without domestic premises (whether or not an application is also made under paragraph (a)).”19 (1) Section 64 (entry on the register and certificates) is amended as follows.(2) In subsection (1)(a), after “childminder” insert “with domestic premises”.(3) In subsection (2)—(a) in the words before paragraph (a), for “63(1)” substitute “63(1)(a)”;(b) in paragraph (a), after “childminder” insert “(even if the childcare to be provided is or includes early years or later years childminding)”.(4) After subsection (2) insert—“(2A) If an application under section 63(1)(b) is granted, the Chief Inspector must—(a) register the applicant in Part B of the general childcare register as a childminder without domestic premises, and(b) give the applicant a certificate of registration stating that the applicant is so registered.”(5) In subsection (3), for “or (2)” substitute “, (2) or (2A)”.20 In section 65 (special procedure for persons already registered in a childcare register), in subsection (1)—(a) in the words before paragraph (a), for the words from “a childminder” to “Part A of the general childcare register” substitute “an early years childminder with or without domestic premises in the early years register, or as a later years childminder with or without domestic premises in Part A of the general childcare register,”;(b) in paragraph (a), after “childminder” insert “(as the case may be, with or without domestic premises)”. 21 (1) Section 65A (special procedure for persons already registered with a childminder agency) is amended as follows.(2) In subsection (1), in the words before paragraph (a)—(a) after the first “early years childminder” insert “with or without domestic premises”;(b) after the first “later years childminder” insert “with or without domestic premises”.(3) In subsection (2)(a), after “Chapter” insert “(as the case may be, with or without domestic premises)”.Common provisions
22 (1) Section 68 (cancellation of registration in a childcare register: early years and later years providers) is amended as follows.(2) In subsection (3), for the words from “as an early years childminder” to the end substitute “—(a) as an early years childminder with domestic premises if it appears to the Chief Inspector that the person has not provided early years childminding on domestic premises in England for a period of more than three years during which the person was registered;(b) as an early years childminder without domestic premises if it appears to the Chief Inspector that the person has not provided early years childminding on non-domestic premises in England for a period of more than three years during which the person was registered.”(3) In subsection (4), for the words from “as a later years childminder” to the end substitute “—(a) as a later years childminder with domestic premises if it appears to the Chief Inspector that the person has not provided later years childminding on domestic premises in England for a period of more than three years during which the person was registered;(b) as a later years childminder without domestic premises if it appears to the Chief Inspector that the person has not provided later years childminding on non-domestic premises in England for a period of more than three years during which the person was registered.”(4) In subsection (5), for the words from “as a childminder” to the end substitute “—(a) as a childminder with domestic premises if it appears to the Chief Inspector that the person has provided neither early years childminding nor later years childminding on domestic premises in England for a period of more than three years during which the person was registered;(b) as a childminder without domestic premises if it appears to the Chief Inspector that the person has provided neither early years childminding nor later years childminding on non-domestic premises in England for a period of more than three years during which the person was registered.”23 In section 69 (suspension of registration in a childcare register: early years and later years providers), in each of subsections (3) and (4), after “childminder” insert “with or without domestic premises”.24 (1) Section 98 (interpretation of Part 3) is amended as follows.(2) In subsection (1), in the definition of “domestic premises”, at the end insert “(and references to non-domestic premises are to be construed accordingly)”.(3) After subsection (1A) insert— “(1B) In this Part, references to a person registered—(a) as an early years childminder with domestic premises are to a person registered as such under section 37(1)(a) or 37A(1)(a);(b) as an early years childminder without domestic premises are to a person registered as such under section 37(2A) or 37A(1A);(c) as a later years childminder with domestic premises are to a person registered as such under section 56(1)(a) or 56A(1)(a);(d) as a later years childminder without domestic premises are to a person registered as such under section 56(2A) or 56A(1A).””Member’s explanatory statement
New Clause (Childcare: use of non-domestic premises) tabled in the Minister’s name allows persons to provide early or later years childminding wholly on non-domestic premises. This Schedule contains supplementary provision about registration, and in particular allows persons providing early or later childminding wholly on non-domestic premises a choice of routes to registration.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, Amendments 259, 269, 270, 301, 314 and 316 in the name of my noble friend Lady Scott of Bybrook will give childminders greater flexibility to expand and grow their businesses, and will remove barriers to registration.
Childminders are important because they provide parents with childcare that is more affordable and flexible than other kinds of childcare provision. They follow the same requirements as nurseries to promote the learning and development of all children in their care, and they follow the same requirements for safeguarding children and promoting their welfare. Like nurseries, childminders are routinely inspected, with 97% of Ofsted-registered childminders judged “good” or “outstanding” at their last inspection. However, the number of childminders has more than halved over the past decade, which is reducing choice for parents, and addressing this decline is key to improving choice and affordability for parents.
In March, the Government announced the biggest ever expansion in funded early education from April 2024, with 30 hours of free childcare for every child over the age of nine months with eligible working parents by September 2025. The Office for Budget Responsibility believes that this will have by far the largest impact on potential output in this Budget by increasing labour market participation of parents with young children. By 2027-28, the OBR expects around 60,000 to enter employment, working an average of around 16 hours a week, with an equivalent effect on total hours coming from mothers already in work. This will significantly increase demand for childcare places. Therefore, it is important that we have a vibrant sector where all providers are in a position to expand and grow their businesses to meet that additional demand. As such, it is even more important to maintain the number of existing childminders and increase the number of new childminders coming into the sector. These amendments are part of a suite of measures that the Government are introducing to encourage more people to become childminders and to support existing childminders—childminding is a predominantly female profession—by helping them to expand and to grow their businesses.
Amendment 270 will increase the total number of people who can work together under a childminder’s registration from three to four. Amendments 259 and 269 will allow childminders on domestic premises to spend more of their time working on non-domestic premises, including an option for childminders to operate solely from non-domestic premises, such as a local community centre or village hall, by replacing the existing single childminder category with two new categories: childminders with domestic premises who provide at least some or all of their childminding on domestic premises, and childminders without domestic premises who provide all the childminding on non-domestic premises.
Allowing childminders to work with more people means that they could care for more children, as regulations permit each childminder’s assistant to care for the same number of children as childminders, and thereby increase the number of places available to parents, or they could provide more one-to-one support to children who would benefit from a greater level of help or personal care, such as children with special educational needs or an education, health and care plan.
Allowing childminders to operate from non-domestic premises for more of their time means that they could offer childcare on bigger premises, to work with more people and care for more children, or on premises that better meet the needs of the children whom they care for: for example, more indoor or outdoor space, better disabled access, and dedicated car parking for staff and parents. It would also allow childminders to operate from premises that may be more conveniently located for parents, such as closer to their home or work or close to the school of any older children, particularly if parents want their childminder to provide wraparound care for any of their school-age children too. Allowing a person to register as a childminder without domestic premises will support more people to become childminders by providing applicants with a route into the profession where the availability or suitability of their domestic premises may be their only barrier to entering the childminding profession—for example, where their domestic premises are too small or do not comply with health and safety regulations, such as fire safety and hygiene requirements, or where they cannot obtain permission from their landlord to operate a childminding business from their home.
Baroness Barran (Con)
I thank all noble Lords for their contributions to this debate. I will try to pick up a few of the points raised in relation to the government amendments.
The noble Baroness, Lady Twycross, asked what else the Government are doing to support childminders. She will be aware that the Government have made a number of announcements in this regard. We have already boosted the funding rates paid to early years providers because we are keen to try to bolster the workforce ahead of the additional entitlements to working parents coming in. In the autumn, we will launch the childminder start-up grant, which is worth £1,200 for all childminders who have joined the profession since the Spring Budget. In August, we announced plans to consult on reducing registration times to around 10 weeks, and to ensure that childminders are paid monthly by local authorities.
The noble Baroness, Lady Pinnock, asked about the suitability of premises, particularly for very young children. There will not be any change to the approval that childminders need to get from Ofsted, so they will continue to need to get Ofsted approval, either from Ofsted or their childminder agency, so that they can operate from non-domestic premises. The issues she raised about safety will be addressed by that route.
The noble Baroness, Lady Bennett, raised the issue of private equity. I am not aware of private equity being an issue in the childminder area of the market. I hope the noble Baroness would agree that we need significant investment in this area and to bolster the numbers of childminders. Unlike the noble Baroness, we would hope that childminders can run profitable businesses, otherwise they will not be sustainable.
Before I come to the amendment in the name of the noble Baroness, Lady Hayman, I thank the noble Lord, Lord Russell, for giving me sight of his questions. My department has liaised with the Department for Levelling Up, Housing and Communities and prepared responses. I will provide detailed responses to him in writing.
On the monitoring of developer contributions, the Bill aims to provide a flexible framework to allow infrastructure levy charging authorities to determine what their priorities for spending the levy are in each area. Of course, this can include capital funding for new childcare facilities. We already require local authorities to publish their infrastructure funding statements and set out how they use CIL and Section 106 funds. Under the infrastructure levy that will go further, as I think the noble Lord is aware—maybe we discussed it in the smallest room with the largest number of people. It will require them to set out infrastructure delivery strategies so that local authorities show how they propose to spend the levy revenues, as well as report on them.
On the questions specifically for my department about the expectation as to whether spare school capacity would be repurposed for early years services, I can confirm that there is no government expectation that spare school capacity will be repurposed in this way, although local authorities can, of course, work with schools and academy trusts to consider this as an option and, again, include contingency plans if the space were to be required for school use again in the future.
Many schools already include nurseries, and all new primary schools are expected to include a nursery ancillary to the main use of the site as a school. Developer contributions can be used to expand or create these facilities on school sites when necessary, although it is unlikely that developer contributions would be required for repurposed space within existing schools, as this is utilising existing educational infrastructure rather than creating new facilities. I will set all that out and respond to the noble Lord’s other questions in a letter.
Amendment 276, tabled in the name of the noble Baroness, Lady Hayman of Ullock, would remove any restrictions on local authorities providing childcare. Under the powers contained in the Childcare Act 2006, where local authorities identify a childcare need that cannot be met by other means or they deem more appropriate to provide themselves, they are already able to establish their own provision. As the noble Baroness, Lady Twycross, mentioned, we discussed this when we met last week. We have endeavoured to speak to a number of local authorities to try to understand a bit better whether there is a real issue here.
As I am sure the noble Baroness knows, almost 1% of providers overall are local authority-run outside maintained schools in the way that this amendment would allow for. From our conversations with local authorities, we know that this relates to both general—or what you might call universal—daycare and free entitlement provisions, such as is the case in Barking and Dagenham, but also applies where there is a particular need of specialist support for children with special educational needs, disabilities or complex medical needs, and my understanding is that that is the case in Durham. Obviously, we are grateful to all providers for the work that they do in this area. We found examples where both general provision and specialist provision exist.
When we speak to local authorities—which obviously the department does very regularly—they are not telling us that they want to set up their own childcare provision and they are not raising concerns with us about the powers they currently have to do this. We are not aware of any local authorities which want to set up their own provision but have been unable to do so because of the current legislation, so we are really not clear what problem this amendment is seeking to resolve and are not convinced that it would make a material difference to childcare availability, which I know the noble Baronesses opposite and the Government are all concerned about. We do not believe that is the case in either a general sense or in relation to specialist cases, where local authorities play such a critical role in supporting vulnerable children. In addition, some of the most successful local authority-run provisions, such as maintained nursery schools, are unaffected by this legislation.
The noble Baroness suggested that the Government do not trust local authorities, and I think used the words that we are “trying to tie their hands”. I would like to set the record straight: that is absolutely not the Government’s view. We believe that local authorities’ principal role is managing and shaping the overall childcare market in their area. The provisions in the Childcare Act help prevent an actual or perceived conflict of interest for local authorities as both market shapers and direct providers of childcare.
I think the House is in wide agreement that childcare is an incredibly important subject, and that is why we are moving the government amendments today. We want to maintain parental choice by making childminding more attractive to existing childminders, by helping them to expand and grow their businesses, and by supporting more people to become childminders by removing barriers to registration. We have also consulted on changes to the early years foundation-stage framework that aim to reduce known burdens on providers and offer them more flexibility.
Therefore, I wish to press the amendments in the name of my noble friend Lady Scott of Bybrook and I hope that the noble Baroness, Lady Hayman of Ullock, will not move her amendment when reached.
“ScheduleRegulations under Chapter 1 of Part 3 or Part 6: form and scrutinyPart 1Statutory Instruments and statutory Rules1 (1) Any power to make regulations under Chapter 1 of Part 3 or Part 6—(a) so far as exercisable by the Secretary of State acting alone or by the Secretary of State acting jointly with a devolved authority, is exercisable by statutory instrument,(b) so far as exercisable by the Welsh Ministers acting alone, is exercisable by statutory instrument, and(c) so far as exercisable by a Northern Ireland department acting alone, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).(2) For regulations made under Chapter 1 of Part 3 or Part 6 by the Scottish Ministers acting alone, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).Part 2Scrutiny of regulationsScrutiny of regulations made by Secretary of State or devolved authority acting alone
2 (1) This paragraph applies to regulations made by the Secretary of State, or a devolved authority, acting alone which contain provision (whether alone or with other provision) under—(a) section 143 or 144;(b) section 145 other than provision, made on the second or subsequent exercise of a power in that section, for—(i) a description of consent, which is neither category 1 consent nor category 2 consent, to be either category 1 consent or category 2 consent, or(ii) a description of consent which is category 2 consent to be category 1 consent;(c) section 149(2) or 150.(2) A statutory instrument containing regulations to which this paragraph applies of the Secretary of State acting alone may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(3) Regulations to which this paragraph applies of the Scottish Ministers acting alone are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). (4) A statutory instrument containing regulations to which this paragraph applies of the Welsh Ministers acting alone may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.(5) Regulations to which this paragraph applies of a Northern Ireland department acting alone may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.3 (1) This paragraph applies to regulations made by the Secretary of State, or a devolved authority, acting alone which contain provision (whether alone or with other provision) under Chapter 1 of Part 3 or Part 6 and which do not fall within paragraph 2.(2) A statutory instrument containing regulations to which this paragraph applies of the Secretary of State acting alone is subject to annulment in pursuance of a resolution of either House of Parliament.(3) Regulations to which this paragraph applies of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).(4) A statutory instrument containing regulations to which this paragraph applies of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of Senedd Cymru.(5) Regulations to which this paragraph applies of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.4 Paragraph 3 does not apply if—(a) a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;(b) a draft of the Scottish statutory instrument has been laid before, and approved by resolution of, the Scottish Parliament;(c) a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru; or(d) a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.Scrutiny of regulations made by the Secretary of State and devolved authority acting jointly
5 (1) This paragraph applies to regulations of the Secretary of State acting jointly with a devolved authority which contain provision (whether alone or with other provision) under—(a) section 143 or 144;(b) section 145 other than provision, made on the second or subsequent exercise of a power in that section, for—(i) a description of consent, which is neither category 1 consent nor category 2 consent, to be either category 1 consent or category 2 consent, or(ii) a description of consent which is category 2 consent to be category 1 consent;(c) section 149(2) or 150.(2) The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned. (3) A statutory instrument which contains regulations to which this paragraph applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(4) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the affirmative procedure.(5) Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (4) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).(6) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before the Scottish Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).(7) A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.(8) Regulations to which this paragraph applies which are made jointly with a Northern Ireland department may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.6 (1) This paragraph applies to regulations of the Secretary of State acting jointly with a devolved authority which contain provision (whether alone or with other provision) under Chapter 1 of Part 3 or Part 6 and which do not fall within paragraph 5.(2) The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.(3) A statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.(4) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.(5) Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (negative procedure etc.) apply in relation to regulations to which sub-paragraph (4) applies and which are subject to the negative procedure as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).(6) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act). (7) A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of Senedd Cymru.(8) Regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.(9) If in accordance with this paragraph—(a) either House of Parliament resolves that an address be presented to His Majesty praying that an instrument be annulled, or(b) a relevant devolved legislature resolves that an instrument be annulled,nothing further is to be done under the instrument after the date of the resolution and His Majesty may by Order in Council revoke the instrument.(10) In sub-paragraph (9) “relevant devolved legislature” means—(a) in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,(b) in the case of regulations made jointly with the Welsh Ministers, Senedd Cymru, and(c) in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.(11) Sub-paragraph (9) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.(12) Sub-paragraphs (9) to (11) apply in place of provision made by any other enactment about the effect of such a resolution.(13) In this paragraph, “enactment” includes an enactment contained in, or in an instrument made under—(a) an Act of the Scottish Parliament,(b) a Measure or Act of Senedd Cymru, or(c) Northern Ireland legislation.7 Paragraph 6 does not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.Interpretation
8 In this Schedule “devolved authority” means—(a) the Scottish Ministers,(b) the Welsh Ministers, or(c) a Northern Ireland department.”Member's explanatory statement
This amendment inserts a new Schedule (Regulations under Chapter 1 of Part 3 or Part 6: form and scrutiny) which contains provision about the form and scrutiny of regulations under Chapter 1 of Part 3 or Part 6 made by the Secretary of State or a devolved authority acting alone or by the Secretary of State and a devolved authority acting jointly.
Earl Howe (Con)
My Lords, as my noble friend Lady Scott said in Committee when the noble Earl, Lord Lytton, brought forward his now-rebranded “polluter pays” amendments, these issues have already been debated at length in this House—I address here Amendments 260A, 282J and 315B. I agree that too many developers and landlords are being too slow to remediate buildings for which they are responsible. However, the Government have not been idle in this space; blocks of flats are being made safer as we speak. Under the regulatory regime that the noble Earl wishes to scrap and replace, 96% of all high-rise buildings with unsafe “Grenfell-style” ACM cladding have been remediated or have remedial work under way.
The leaseholder protections are showing real promise on the ground, so it would seem folly to scrap them and start again from scratch. Indeed, accepting these amendments would set back the progress of remediation by over a year as industry and leaseholders work to understand another new system, just as they are getting to grips with the Building Safety Act—the noble Baroness, Lady Taylor, was quite right to express her doubts on that score. At various points, the noble Earl has talked about his scheme sitting alongside the existing protections, but I argue strongly to your Lordships that that would be a recipe for chaos and confusion. Please do not let us land ourselves with that.
Secondly, many of your Lordships will have already taken part in debates on the regulations to give effect to our responsible actors scheme. That scheme, alongside our developer remediation contracts, requires eligible developers to fix the problems they have caused—I emphasise that clause: to fix the problems they have caused. Eligible developers who do not join the scheme and comply with its conditions will face prohibitions.
In response to the concerns of the noble Earl that the non-qualifying leaseholders are stuck in unsafe flats, as I think he put it, that is simply not true. All principal residences over 11 metres are covered by the protections. Following on from that, he expressed concern that the leaseholder protections do not protect every leaseholder. I just remind him that the direct protections that we have put in place are only part of the Government’s overall scheme. I have already referred to the responsible actors scheme and the developer remediation contracts, and I also point to the more than £5 billion set aside to replace cladding. The new powers in the Act to seek remediation contribution orders against developers, or to pursue them under the Defective Premises Act, also provide valuable indirect protection. Non-qualifying leaseholders are able to seek a remediation contribution order from the tribunal against a developer or contractor in exactly the same way as qualifying leaseholders. Let us remember that, where a developer has signed the developer remediation contract, it will fund all necessary remediation work—both cladding and non-cladding-related—irrespective of whether individual leases in those buildings qualify. Those on the current list of developers are only the first to be pursued; we have committed to expanding that list now that the regulations have been brought forward.
I make one further point. The noble Earl was concerned that the protections under the Building Safety Act remediation scheme will not apply to future buildings. The leaseholder protections address problems with buildings built poorly in the past. Part 3 of the Act raises standards for future buildings; we do not need a remediation scheme to reach into the future. All in all, I hope that, on reflection, the noble Earl will see fit to withdraw Amendment 260A and not move Amendments 282J or 315B.
I turn next to Amendments 282C, 282ND and 315A in the name of my noble friend Lord Young of Cookham. I must tell my noble friend—at the risk of him heaving a sigh—that that these issues are legally complex. What is more, unfortunately, his amendments will not address all those complexities. I can none the less reassure him and your Lordships that officials are working on producing a fix for the lease extension issue and that we will bring forward legislation as soon as possible. We are also considering carefully how we might address any unfairness produced by the issue of jointly owned properties, which my noble friend’s Amendment 282ND seeks to address. I am therefore not delivering a rebuff to my noble friend; I am simply urging him to understand that this is a set of issues that requires very careful legal dissection and working through, and that is what we are doing.
Finally, Amendment 282NF, from the noble Baroness, Lady Pinnock, and Amendment 309A in the names of my noble friend Lord Young of Cookham and the noble Baroness, Lady Pinnock, would require government to report on progress in remediating buildings under 11 metres and resident-owned buildings and to outline plans to expand the Cladding Safety Scheme. I listened to the views of the London Fire Brigade as reported by my noble friend; however, it is generally accepted that the life safety risk is proportional to the height of buildings. Lower-cost mitigations are usually more appropriate in low-rise buildings.
Given the small number of buildings under 11 metres that are likely to need remediation, our assessment remains that extending the protections for leaseholders in the Building Safety Act or our remediation funds to buildings below 11 metres is neither necessary nor proportionate. Where work is necessary, we would always expect freeholders to seek to recover costs from those who were responsible for building unsafe homes, not innocent leaseholders. Therefore, we do not intend to expand the Cladding Safety Scheme to incorporate these buildings, nor will it be possible to report on progress.
That said, I can assure the House that any resident whose landlord or building owner is proposing costly building safety remediation for a building under 11 metres should raise the matter with my department immediately, and we will investigate. Separately, the reporting that is already in place on the Responsible Actors Scheme will include progress made on all buildings in scope of that scheme, including any that are resident-owned. My noble friend Lord Young stated that resident-run buildings are excluded from the protections. They are not; the only buildings that are excluded from the protections as a class are those that are enfranchised, not those managed by residents. We have committed to consider this further and will bring proposals forward shortly.
I hope that what I have said has demonstrated to noble Lords that there are misunderstandings running through the amendments in this group. I have tried to provide reassurance, which I hope will be sufficient for the noble Earl, Lord Lytton, to withdraw his amendment. I also hope that my noble friend Lord Young and the noble Baroness, Lady Pinnock, will not see fit to press their amendments when they are reached.
The Earl of Lytton (CB)
My Lords, first, I thank all noble Lords who spoke in our debate on these amendments. It has certainly given me considerable food for thought. I am grateful to the noble Lord, Lord Young of Cookham, who went through all the promises that have been made but have not yet been dealt with one by one.
I believe that the exclusions are down to the funding assumptions that the Government have made from inception. I go back to something called the consolidated advice note, which, as noble Lords may recall, rather put the cat among the pigeons in terms of how extensive the problem was. Then there was a subsequent attempt to row back, as it were, on the worst effect of that by virtue of the independent expert statement, which itself came 11 months after a disastrous fire concerning Richmond House in the London Borough of Merton. I think we can all see that a process of risk management and managing political exposure is involved here. Unfortunately, that does not cut the mustard for a lot of people will still be stuck, for what seems to me to be an indefinite period, with the problems that they have.
Baroness Pinnock (LD)
My Lords, the noble Baroness, Lady Taylor of Stevenage, has raised a fundamental issue of human rights and dignity. I am really surprised that the Government have so far failed to repeal the Vagrancy Act. It just needs to be deleted from the statute book. Perhaps the Minister can give us the assurance that it will be. If he cannot, and if the noble Baroness, Lady Taylor of Stevenage, wishes to press her amendment to a vote, we will certainly be supporting it.
The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
My Lords, I thank both noble Baronesses for their comments. I am pretty sure that that will be the only time I am mentioned in the same speech with Beethoven.
In response to Amendment 277 in the name of the noble Baroness, Lady Taylor of Stevenage, I am still clear, as are the Government, that the Vagrancy Act is antiquated and not fit for purpose. I am happy to reassure the noble Baronesses, Lady Pinnock and Lady Taylor, that we will repeal the Vagrancy Act at the earliest opportunity, once suitable replacement legislation has been brought forward. Given that we remain committed to repealing the Vagrancy Act, there is little value in carrying out an assessment of the kind described in the amendment. The House will have ample opportunity to debate the matter when further details on any new legislation are set out.
Amendment 304A, in the name of the noble Baroness, Lady Hayman of Ullock, is on the timing of the statement of levelling-up missions. We have committed within the Bill to publish this within one month of Part 1 of the Act coming into force, which will be two months after Royal Assent. This is already an appropriate and prompt timescale, which includes time to collate materials and data across government departments before the publication and laying of the report. Reducing that time would be unnecessary and may undermine the purpose of the missions: to ensure focus on long-term policy goals. I hope that provides reassurance for the noble Baronesses and that Amendment 277 can be withdrawn, and the other amendment not moved.
Baroness Taylor of Stevenage (Lab)
My Lords, I thank the noble Lord, Lord Sharpe, for his response, and I thank the noble Baroness, Lady Pinnock, for her comments. The Minister repeated the assertion that the Vagrancy Act will be repealed at the earliest opportunity. I do not know quite what “earliest” means in the Government’s mind, but it is certainly longer than the amount of time it has taken since the original commitment to repeal the Act.
The fact is that this Act is still being used to penalise homeless people every day in this country. I am not convinced that this is going to move quickly enough without some further steps being taken, so I would like to test the opinion of the House.
Baroness Hayman of Ullock (Lab)
My Lords, I thank my noble friend Lady Young of Old Scone for introducing her amendment and for bringing it back at this stage. Her Land Use in England Committee wrote an excellent report on this, Making the Most out of England’s Land, with a number of recommendations for the Government. As she said, the Government have said that they will look at this. The question is: when and how is that actually going to happen? She made a very important point about the fact that the Government are looking to focus very much from a Defra point of view, whereas actually, if we are to address the wider aspect of land use and tackle many of the conflicting priorities, it has to be done across parties and across departments to be genuinely effective. We have to work across the House and across all departments to come out with something that will actually make a difference.
I confirm our full support for what my noble friend is trying to achieve with this, and I will be grateful if the Minister confirms that the Government are treating this as a priority, that we will see something sooner rather than later, and that the Government are also intending to work right across all departments and to work constructively across the House.
Earl Howe (Con)
My Lords, the noble Baroness, Lady Young, has once again highlighted the important issue of land use, and I am grateful to her for giving me the opportunity to set out the Government’s plans in this area. First, the Government agree with the intention behind the amendment. Major influences on the use of land must be considered in the round—that is completely accepted and indeed it is why Defra has been working closely with a number of other departments to develop the content of the land use framework for England, which will be published this year. The framework will provide a long-term perspective and, to pick up the point the noble Baroness made, it is supported by the latest advances in spatial data science. We have developed the evidence base needed to ensure that policy can make a virtue of the diversity of natural capital across the landscapes of England.
That said, the Government’s view is that it is neither necessary nor sensible to specify the framework’s scope and purpose in legislation at this stage. There is a very simple reason for that: our work on the framework needs to be open to the latest evidence and insights and indeed, if necessary, to change as our understanding continues to develop. However, I reassure the noble Baroness that the principles she has highlighted are very much in our minds as we approach this important task and that we look forward to engaging with her, and indeed everyone else with an interest, in due course. I hope that, with those reassurances, she will feel able to withdraw her amendment.
Baroness Young of Old Scone (Lab)
My Lords, I thank the Minister for his answer. I am delighted to hear that the framework will emerge before the end of the year—I will hold him to that. We all wait to see what the Government come up with. My anxiety is that a set of principles launched on everybody is going to set up antibodies among landowners big and small, because they will not have been consulted on it and that is not the right foot to get off on, no matter how much consultation then follows. I look forward to seeing what the Government produce, and at this point I beg leave to withdraw my amendment.
Baroness Hayman of Ullock (Lab)
My Lords, there are a number of quite disparate amendments in this group, so I will speak briefly to them.
The first is Amendment 281 in the name of the noble Baroness, Lady Pinnock, to which I added my name, on a register of disrepair in schools and hospitals. This raises a very serious issue. She introduced it very clearly and in detail, so I will not repeat what she said other than to endorse her remarks. We are completely behind her amendment and what she is trying to achieve with it. If the noble Baroness wants to test the opinion of the House, she will have our strong support.
Turning to the other amendments, I notice that the noble Lord, Lord Ravensdale, is now in his place. His amendment, around creating a new partnership model for town centre investment zones, has not really been mentioned. We had quite a discussion about this in Committee, in which we expressed our support. I express that support again and urge the Government to work with the noble Lord on how this approach can be taken forward. We need to do something to support many of our town centres, and his suggestions are worth exploring.
My noble friend Lady Young spoke to the amendment of the noble Baroness, Lady Boycott, around local authorities publishing a list of publicly owned land which is suitable for community cultivation and environmental improvement. I totally support the principle of this; it seems like a sensible way forward to improve local growing and the environmental purposes of land.
The noble Baroness, Lady Jones of Moulsecoomb, introduced the amendment of the noble Baroness, Lady Bennett of Manor Castle, around reviewing the air transport sector. We must really think about our approach to this when we look at climate change. Obviously, we must support this important part of our economy. However, there is so much more to consider. I come back to this over and again: why is it so much cheaper to fly than it is to go by train? This has got to be at the core of how we approach this, particularly if you look at what the French Government have done regarding internal flights. It is something we must take a much stronger look at.
Finally, I was going to make the same point as the noble Baroness, Lady Randerson, about surface water flooding. If we are going to pave over more of our towns and cities, we are going to have more of a problem with surface water flooding—it is just a matter of fact. I support the intention of the noble Lord, Lord Lucas, to see what we can do to stop so many of the gardens in our towns and cities being paved over. It is not just about the aesthetics—although, obviously, they are lovely; there is a practical reason to consider this more carefully.
Earl Howe (Con)
My Lords, Amendment 281 in the name of the noble Baroness, Lady Pinnock, considers the important issue of school and hospital safety. It would require the Government to keep a register of schools and hospitals in serious disrepair. Nothing is more important than the safety of pupils, patients and staff in schools and hospitals. That is, I am sure, common ground between us across the House; however, it is our belief that the amendment is unnecessary. Furthermore, we think that it would not, in practice, have the effect that the noble Baroness intends. The Government provide significant funding and support for the upkeep of schools and hospitals, including additional support where there are issues that cannot be fully managed locally.
Earl Howe (Con)
My Lords, the debates that we have had on this subject are a reminder of the importance of onshore wind in meeting our net-zero and carbon budget ambitions. This amendment asks that we change national planning policy on onshore wind to bring forward more onshore wind installations in England. I am pleased to say that the Government have now done this.
Updated policy, which took effect from 5 September, paves the way for more onshore wind projects to come online. It does so, first, by broadening the ways that suitable sites can be identified and, secondly, by ensuring that local councils look at the views of the whole community rather than a small minority when considering a planning application. I know that the noble Baroness, Lady Hayman, is concerned that this does not go far enough but we believe that it is an important and positive change. I fear I really must reject the term “baby steps”. We are committed to increasing the deployment of onshore wind energy and I can assure her that we will keep progress under review, taking into account not only feedback from stakeholders of whatever kind but available data on the schemes themselves, such as those published by the Renewable Energy Planning Database.
The amendment would also remove the requirement for applicants to carry out mandatory pre-application consultation with those communities affected by development. I understand the argument that this requirement does not apply to most other schemes. However, we think that effective engagement is particularly important in this case, given the strength of feeling which onshore wind proposals can generate, and the opportunities which positive engagement can provide for improving understanding and identifying opportunities to address potential impacts on the local area.
I do not like to sound a negative note on an issue like this but, should this amendment pass, it would for a period also create a policy gap for onshore wind. The foundation of the nationally significant infrastructure projects planning process is national policy statements, through which projects are examined against the national need case. Neither the current nor the draft renewable energy national policy statement covers onshore wind, due to it being consented through other routes.
I say again that the Government consider that onshore wind has an important role to play in achieving net-zero targets and we will continue to promote and incentivise deployment across the UK. I am sympathetic to the intentions behind this amendment but I ask the noble Baroness to reflect, before deciding whether to divide the House, that this is an area where we are taking action, as I know she welcomes, and it is important that we give our policy changes the opportunity to work. As local decision-makers are now able to take a more balanced approach to onshore wind applications, and as we will keep progress under review, I hope that I have provided sufficient reassurance for her to feel able to withdraw her amendment.
Baroness Hayman (CB)
My Lords, I am extremely grateful to the Minister for his very considered view this evening and for the time that he and the noble Baroness, Lady Scott of Bybrook, spent discussing this issue with me. I am afraid that I simply cannot accept his argument that what the Government have done is sufficient for the scale of the need. The scepticism that has greeted the Government’s proposals across the industry is such that I think it is really important that the other place has the chance to think again on this issue; they never really thought in terms of wind on the Energy Bill. It is important that they do soi in relation to this Bill, and I wish to test the opinion of the House.
“Amendments of references to “retained direct EU legislation”In the following provisions for “retained direct EU legislation” substitute “assimilated direct legislation”—(a) section 156(3)(e), and(b) section (Regulations: nutrients in water in England)(3)(b).”Member's explanatory statement
This amendment inserts a new Clause which provides that the references in the Levelling-up and Regeneration Bill to “retained direct EU legislation” are to be replaced by references to “assimilated direct legislation”.
“Power to address conflicts with the Historic Environment (Wales) Act 2023(1) The Secretary of State may by regulations amend this Act, or any Act amended by this Act, in consequence of a relevant amending provision of the Historic Environment (Wales) Act 2023 (“HEWA 2023”) coming into force before a provision of this Act.(2) That power includes, in relation to an Act amended by this Act, the power to make amendments to serve in place of those contained in this Act.(3) Amendments made in reliance on subsection (2) must produce in substance the same effect in relation to England as the amendments contained in this Act would produce if the relevant amending provision of HEWA 2023 were ignored.(4) In this section—“amend” includes repeal, and related terms are to be read accordingly;a“relevant amending provision” of HEWA 2023 means a provision of that Act that amends an enactment that—(a) is amended by this Act, or(b) relates to an enactment amended by this Act.”Member's explanatory statement
This new Clause confers power to make regulations in consequence of new Welsh legislation which amends some legislation also amended by the Bill and would, if brought into force before the relevant provisions of the Bill, call for some of the changes made by the Bill to be formulated differently.
Member's explanatory statement
This amendment is consequential on the amendment in the Minister’s name to Clause 231 at line 19 on page 273.
(ii) is not made under section (Power to address conflicts with the Historic Environment (Wales) Act 2023) or under section 230 in consequence of regulations under section (Power to address conflicts with the Historic Environment (Wales) Act 2023).”Member's explanatory statement
This amendment, together with the amendment in the Minister’s name at page 273, line 24, would apply the negative procedure to regulations made under the proposed new clause in the Minister’s name after Clause 230.
“(fa) under section 133(1)(a);”Member's explanatory statement
This amendment provides that the new power to make regulations conferred by the amendment in the Minister’s name to Clause 133 at line 18 of page 162 is subject to negative procedure.
“(ka) under section (Power to address conflicts with the Historic Environment (Wales) Act 2023);”Member's explanatory statement
See the explanatory statement for the amendment in the Minister’s name at page 273, line 4.
Member's explanatory statement
This amendment clarifies that the Schedule to be inserted after Schedule 12 in the Minister’s name which contains restrictions on the exercise of the powers by the Welsh Ministers extends to England and Wales, Scotland and Northern Ireland so far as it relates to Chapter 1 of Part 3.
Member's explanatory statement
This amendment provides for Clause 25 (power to provide for election of mayor) and Schedule 2 to the Bill to come into force on Royal Assent.
“(f) section 58 comes into force at the end of the period of two months beginning with the day on which this Act is passed;(fa) section 59 comes into force on the day on which this Act is passed;(fb) sections 60 to 62 come into force at the end of the period of two months beginning with the day on which this Act is passed;”Member's explanatory statement
This amendment makes provision for Clause 59 of the Bill (consent to conferral of police and crime commissioner functions on mayor) to come into force on Royal Assent.
“(q) section (Powers of parish councils) comes into force at the end of the period of two months beginning with the day on which this Act is passed.”Member's explanatory statement
This amendment makes provision that new Clause (Powers of parish councils) comes into force two months after Royal Assent.
Member's explanatory statement
This amendment provides that the new Clause (Biodiversity net gain: pre-development biodiversity value and habitat enhancement) being inserted after Clause 128 in the Minister’s name comes into force at the end of the period of two months beginning with the day on which the Act is passed.
Member's explanatory statement
This amendment clarifies that the Schedule to be inserted after Schedule 12 in the Minister’s name which contains restrictions on the exercise of the powers by the Welsh Ministers comes into force at the end of the period of two months beginning with the day on which this Act is passed so far as it relates to Part 6.
Member's explanatory statement
This amendment would have the effect that the new Clauses and Schedule relating to childcare that are tabled in the Minister’s name would come into force by regulations.
Member's explanatory statement
This amendment provides that new Clause (Blue plaques in England), as tabled by the Minister, comes into force 2 months after Royal Assent.
“(10) In this Part—(a) sections 227, 228 and 229 to 235 come into force on the day on which this Act is passed;(b) section (Amendments of references to “retained direct EU legislation”) comes into force at the end of 2023.”Member’s explanatory statement
This amendment provides that the new Clause (Amendments of references to “retained direct EU legislation”) being inserted after Clause 228 in the Minister’s name comes into force at the end of 2023.
Member’s explanatory statement
This amendment amends the long title to reflect the new Clauses and Schedule tabled in the Minister’s name amending the Childcare Act 2006.
Thursday 21st September 2023
(1 year, 3 months ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 173-I Marshalled list for Third Reading - (20 Sep 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Lord Privy Seal (Lord True) (Con)
My Lords, I have it in command from His Majesty the King and His Royal Highness the Prince of Wales to acquaint the House that they, having been informed of the purport of the Levelling-up and Regeneration Bill, have consented to place their interests, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.
Earl Howe (Con)
My Lords, before we begin Third Reading, I will make a statement on legislative consent. A small number of the provisions in the Levelling-up and Regeneration Bill apply to England and Wales, and a number also apply to Scotland and/or Northern Ireland. There are, as a consequence, provisions in the Bill that engage the legislative consent process in the Scottish Parliament, Senedd Cymru and the Northern Ireland Assembly. Throughout the preparation and passage of the Bill, we have worked closely with each of the devolved Administrations, and I pay tribute to officials and Ministers in Scotland, Wales and Northern Ireland for their constructive engagement and support.
I am pleased to report that the Welsh Government have issued legislative consent support for the Bill in principle. They will hold their legislative consent vote in the Senedd in October. We will continue to engage the Scottish Government to endeavour to reach an agreement so that they are able to recommend that legislative consent be given by the Scottish Parliament.
Due to the continued absence of the Northern Ireland Assembly and Executive, a legislative consent Motion cannot, in that case, be secured. I reassure noble Lords that the Government will continue to engage with officials from the Northern Ireland Civil Service, as well as the Northern Ireland Executive once it is sitting.
With the leave of the House, on behalf of my noble friend Lady Scott of Bybrook and at her request, I beg to move that the Bill be now read a third time.
Clause 157: Power to specify environmental outcomes
Amendment 1
Member’s explanatory statement
This amendment fulfils an undertaking made at Report stage and clarifies that the definition of “environmental protection” includes the protection of chalk streams from abstraction and pollution.
Earl Howe (Con)
My Lords, I will also speak to the other amendments in the name of my noble friend Lady Scott of Bybrook. On Report, my noble friend Lord Trenchard tabled an amendment on chalk streams that highlighted their special status and the passion across the House for protecting these habitats further. Although we supported the intent of the amendment, we needed to fix some technical issues within the drafting. We committed to bring forward an amendment at Third Reading to provide clarity and reassurance on chalk streams in the context of environmental outcomes reports.
Therefore, Amendments 1 and 2 would include chalk streams in the definitions of “environmental protection” and “natural environment”. This means that, when setting the outcomes that will drive the new regime, the Government can ensure the protection of chalk streams, including from the effects of physical damage, abstraction and pollution. I thank my noble friend for working with us on this amendment to improve the health of England’s chalk streams.
Following the Government’s statement during the previous stage of the Bill, I am bringing forward Amendment 9, which relates to national parks and areas of outstanding natural beauty, collectively known as “protected landscapes”. This amendment addresses the issues raised on Report by my noble friend Lord Randall of Uxbridge. It will enhance protected landscape management plans and bolster the contribution of partners to help deliver them, ensuring better outcomes for people and nature. As home to some of our most iconic and beautiful places, protected landscapes are crucial delivery partners that are at the heart of our work to unleash rural prosperity and create a network of beautiful and nature-rich spaces that can be enjoyed by all parts of society.
We have made technical drafting amendments to ensure that the amendment operates correctly in practice. This includes amending the individual Acts to strengthen the duty on relevant authorities to contribute to delivery of the purposes of protected landscapes and creating a power to make regulations. The Secretary of State now has the power to bring forward these regulations, and the Government are committed to doing so in a timely manner. I know this is an issue dear to many noble Lords, including my noble friend Lord Randall, who has worked tirelessly on this matter. As such, I hope that noble Lords will lend support to this amendment.
I turn to Amendments 3, 4, 10, 11 and 16 to 54. As noble Lords will recall, this House was not content to accept government Amendments 247YY and 247YYA on Report, which related to nutrients. It is therefore necessary for the Government to reverse any amendments that were consequential on Amendments 247YY and 247YYA, and to fill legislative gaps that have arisen due to Amendments 247YY and 247YYA not being agreed to. This includes amendments which will provide a clear link between new Section 96G of the Water Industry Act, which enables water companies to take a catchment-permitting approach when upgrading waste- water treatment works, and new Regulations 85A, 85B and 110A in the habitats regulations, which direct local planning authorities to assume that the proposed upgrades are certain for the purpose of planning decisions.
The Government have also tabled minor and technical Amendments 10 and 11. Clause 256 of the Bill changes all references to “retained direct EU legislation” in this Bill to “assimilated direct legislation” in line with Section 5 of the retained EU law Act, as that Bill received Royal Assent during the passage of the Levelling-up and Regeneration Bill. One of these references was to the draft amendments concerning nutrient neutrality that were defeated by a vote in the House of Lords on 13 September. This amendment removes the reference.
Noble Lords will recall that we agreed amendments on Report in the name of my noble friend Lord Moylan, in relation to a road user charging scheme in London. The effect will be to enable London borough councils that are meeting their air quality standards and objectives under the Environment Act 1995, or have an approved plan to do so, to opt out of certain road user charging schemes proposed by Transport for London. This is a focused, sensible and proportionate rebalancing of mayoral powers with borough interests in the capital.
This group of government amendments is minor and technical in nature, but they are important none the less. The collective effect of Amendments 5, 7 and 8 is to clarify the eligibility of relevant London borough councils seeking to opt out of certain future road user charging schemes. They improve the drafting by ensuring that the provisions cover each case that could arise in relation to a London borough council. For example, where a council was eligible when it first gave notice but subsequently became ineligible on account of the introduction of an air quality management area, it will have the opportunity to submit an alternative plan during the opt-out period, thereby opening up the opportunity to become potentially eligible again. The collective effect of Amendments 13 and 14 is to correct the extent of Clause 253 so that it extends to England, Wales and Scotland, reflecting the extent of the Greater London Authority Act 1999, which it amends. The concept of application is distinct from that of extent—and these provisions will, of course, in practice apply only to London.
Lastly, Amendment 6 will ensure consistency in the language used and avoid any potential misunderstanding that opt-out notices can be given outside of the defined 10-week opt-out period. I beg to move.
The Earl of Caithness (Con)
My Lords, first, I ask my noble friend to send our best wishes to our noble friend Lady Scott of Bybrook. Secondly, I thank him very much for honouring the commitment made by the noble Lord, Lord Benyon, with regard to Amendments 1 and 2 on chalk streams, on behalf of my noble friend Lord Trenchard, who apologises for not being here himself. We are particularly grateful that this has happened, and I am equally grateful that nutrient neutrality is as it was. On the one hand, the Government were going to protect chalk streams but, on the other hand, they were going to increase pollution. So, I think that chalk streams have a better chance now and I am grateful to my noble friend.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I also thank the Minister for his introductory comments. Amendments 1 and 2 on chalk streams are to be welcomed and I thank the noble Viscount, Lord Trenchard, for his work on this and for pursuing it to make absolutely certain that the Government saw its importance. I am sure that if my late noble friend Lord Chidgey were here, he would also welcome this, as he was a great champion of chalk streams.
The amendments on national parks give security to protected landscapes and assist those who run them in ensuring that they are preserved for generations to enjoy. I support the comments of the noble Baroness, Lady Jones of Whitchurch, on national parks not being able to work outside their boundaries. I hope that the Government will look at this and perhaps reconsider.
Amendments 3, 10, 11 and 16 to 24 on the nutrients issue are all consequential tidying-up amendments, but they are to be welcomed. I thank the Minister and the Government for their work on this and for what seems a sensible way forward.
Earl Howe (Con)
My Lords, I am grateful to all noble Lords for their welcome for these amendments. I note the comments of the noble Baroness, Lady Jones of Whitchurch, in particular. On the specific question that she asked about the meaning of “in a timely manner”, I fear I cannot go much further than that except to express the Government’s full intention to bring these provisions into operation as soon as we are ready to do so and as soon as the regulations have been drafted. If there is anything further that I can tell her, having received further advice, I will of course write to her.
Member’s explanatory statement
This amendment fulfils an undertaking made at Report stage and clarifies that the definition of “natural environment” includes chalk streams.
“(iv) where a direction relating to the plant and the related nutrient pollution standard is made or revoked under regulation 85C or 110B of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (disapplication of assumption that the plant will meet the standard on and after the upgrade date or applicable date), that fact and the date on which the direction or revocation takes effect;”Member’s explanatory statement
This amendment reinstates the requirement on the Secretary of State to maintain and publish online a document including the dates on which any direction or revocation made under the Conservation of Habitats and Species Regulations 2017 and relating to a particular plant takes effect. The requirement was removed at Report stage in connection with other amendments that were not agreed.
Member’s explanatory statement
This amendment reinstates the wording in Clause 174 introducing Schedule 16, which was amended at Report stage in connection with other amendments that were not agreed.
Member’s explanatory statement
This amendment amends Clause 253 (road user charging schemes in London), which enables London borough councils to opt out from certain road user charging schemes, to improve the drafting by ensuring that the provisions cover each case which could arise in relation to a London borough council.
“Protected landscapes(1) The National Parks and Access to the Countryside Act 1949 is amended in accordance with subsections (2) and (3).(2) In section 4A (application of Part 2 of Act to Wales), after subsection (2) insert—“(3) Subsection (1) does not apply in relation to section 11A(1A) or (1B) (duty to further statutory purposes of National Parks in England).”(3) In section 11A (duty to have regard to purposes of National Parks)—(a) in the heading, for “to have regard” substitute “in relation”;(b) after subsection (1), insert—“(1A) In exercising or performing any functions in relation to, or so as to affect, land in any National Park in England, a relevant authority other than a devolved Welsh authority must seek to further the purposes specified in section 5(1) and if it appears that there is a conflict between those purposes, must attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park.(1B) In exercising or performing any functions in relation to, or so as to affect, land in any National Park in England, a devolved Welsh authority must have regard to the purposes specified in section 5(1) and if it appears that there is a conflict between those purposes, must attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park.”;(c) in subsection (2), after “Park”, in the first place it occurs, insert “in Wales”;(d) after that subsection, insert—“(2A) The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (1A) (including provision about things that the authority may, must or must not do to comply with the duty).”(e) after subsection (5), insert—“(5A) In this section, “devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act).”(4) After section 66 of the Environment Act 1995 (national park management plans), insert—“66A National Park Management Plans (England): further provision(1) The Secretary of State may by regulations make provision—(a) requiring a National Park Management Plan for a park in England to contribute to the meeting of any target set under Chapter 1 of Part 1 of the Environment Act 2021;(b) setting out how such a Management Plan must contribute to the meeting of such targets;(c) setting out how such a Management Plan must further the purposes specified in section 5(1) of the National Parks and Access to the Countryside Act 1949.(2) The Secretary of State may by regulations make provision—(a) requiring a relevant authority other than a devolved Welsh authority to contribute to the preparation, implementation or review of a National Park Management Plan for a park in England;(b) setting out how such a relevant authority may or must do so.(4) In this section—“devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act);“relevant authority” has the same meaning as in section 11A of the National Parks and Access to the Countryside Act 1949.66B Regulations under section 66A: procedure etc(1) The power to make regulations under section 66A—(a) is exercisable by statutory instrument;(b) includes power to make different provision for different purposes or different areas;(c) includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision.(2) A statutory instrument containing regulations under section 66A is subject to annulment in pursuance of a resolution of either House of Parliament.”(5) The Countryside and Rights of Way Act 2000 is amended in accordance with subsections (6) to (10).(6) In section 85 (general duty of public bodies etc)— (a) before subsection (1), insert—“(A1) In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a relevant authority other than a devolved Welsh authority must seek to further the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.(A2) In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a devolved Welsh authority must have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.”;(b) in subsection (1), after “beauty”, in the first place it occurs, insert “in Wales”;(c) after that subsection, insert—“(1A) The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (A1) (including provision about things that the authority may, must or must not do to comply with the duty).”(d) in subsection (3), after “(2)—” insert—““devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act);”.(7) In section 87 (general purposes and powers)—(a) before subsection (1) insert—“(A1) It is the duty of a conservation board established in relation to an area in England, in the exercise of their functions, to seek to further—(a) the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty, and(b) the purpose of increasing the understanding and enjoyment by the public of the special qualities of the area of outstanding natural beauty,but if it appears to the board that there is a conflict between those purposes, they are to attach greater weight to the purpose mentioned in paragraph (a).”;(b) in subsection (1), after “board”, in the first place it occurs, insert “established in relation to an area in Wales”;(c) in subsection (2), for the words from “while” to “(1)” substitute “whilst fulfilling their duties under subsection (A1) or (1) (as the case may be)”.(8) In section 90 (supplementary provisions relating to management plans), after subsection (2) insert—“(2A) The Secretary of State may by regulations make provision—(a) requiring a plan under section 89 relating to an area of outstanding natural beauty in England to contribute to the meeting of any target set under Chapter 1 of Part 1 of the Environment Act 2021;(b) setting out how such a plan must contribute to the meeting of such targets;(c) setting out how a plan under section 89 relating to an area of outstanding natural beauty in England must further the purpose of conserving and enhancing the natural beauty of that area.”(9) After that section insert—“90A Duty of public bodies etc in relation to management plans(1) The Secretary of State may by regulations make provision—(a) requiring a relevant authority other than a devolved Welsh authority to contribute to the preparation, implementation or review of a plan under section 89 relating to an area of outstanding natural beauty in England; (b) setting out how such a relevant authority may or must do so.(2) In this section—“devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act);“relevant authority” has the same meaning as in section 85.”(10) After section 91 insert—“91A Regulations under Part 4(1) A power to make regulations under this Part—(a) is exercisable by statutory instrument;(b) includes power to make different provision for different purposes or different areas;(c) includes power to make consequential, incidental, supplementary, transitional, transitory or saving provision.(2) Regulations under this Part are to be made by statutory instrument.(3) A statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.”(11) The Norfolk and Suffolk Broads Act 1988 is amended in accordance with subsections (12) to (15).(12) In section 3 (the Broads Plan), after subsection (6) insert—“(7) The Secretary of State may by regulations make provision—(a) requiring the Broads Plan to contribute to the meeting of any target set under Chapter 1 of Part 1 of the Environment Act 2021;(b) setting out how the Broads Plan must contribute to the meeting of such targets;(c) setting out how the Broads Plan must further the purposes mentioned in subsection (8).(8) The purposes are the purposes of—(a) conserving and enhancing the natural beauty, wildlife and cultural heritage of the Broads;(b) promoting opportunities for the understanding and enjoyment of the special qualities of the Broads by the public; and(c) protecting the interests of navigation.”(13) In section 17A (general duty of public bodies etc)—(a) in subsection (1), for “shall have regard to” substitute “must seek to further”;(b) after that subsection insert—“(1A) The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (1) (including provision about things that the authority may, must or must not do to comply with the duty).”(14) After that section insert—“17B Duty of public bodies etc to contribute to the Broads Plan(1) The Secretary of State may by regulations make provision—(a) requiring a relevant authority other than a devolved Welsh authority to contribute to the implementation or review of the Broads Plan;(b) setting out how such a relevant authority may or must do so.(2) In this section—“devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act); “relevant authority” has the same meaning as in section 17A.”(15) In section 24 (orders and byelaws)—(a) in the heading, after “orders” insert “, regulations”;(b) in subsection (1), after “orders” insert “or regulations”;(c) in subsection (3), after “orders” insert “, regulations”.”Member’s explanatory statement
This amendment has been tabled following an undertaking given at Report stage and confers a power to require management plans relating to National Parks and AONB in England and the Broads to contribute to meeting targets under the Environment Act 2021, and to furthering the purposes of the protected landscapes. The clause also confers a power to require certain public bodies to contribute to preparing, implementing and reviewing such plans. The clause strengthens the duty on certain public authorities when carrying out functions in relation to these landscapes to seek to further the statutory purposes and confers a power to make provision as to how they should do this.
Member’s explanatory statement
This amendment is consequential on the amendment made to Clause 256 at line 26 on page 300.
Member’s explanatory statement
This amendment provides that new Clause (Protected landscapes), tabled in the Minister’s name and to be inserted after Clause 253, extends to England and Wales only.
Member’s explanatory statement
This amendment provides that new Clause (Protected landscapes), tabled in the Minister’s name and to be inserted after Clause 253, comes into force 2 months after Royal Assent.
“(e) the decision is made—(i) where the plant is a non-catchment permitting area plant, before the upgrade date, or(ii) where the plant is a catchment permitting area plant, before the applicable date.”Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
Member’s explanatory statement
This amendment amends the long title to reflect the new Clause (Protected landscapes) tabled in the Minister’s name and to be inserted after Clause 253.
Earl Howe (Con)
My Lords, in begging to move that the Bill do now pass, I extend my thanks to all noble Lords who have contributed to a very detailed and proper scrutiny of this Bill. It is not possible for me to thank everyone individually, for which I hope I will be forgiven, but there are a few people I would like to mention specifically.
First, I am sure that the whole House will recognise and wish to thank my noble friend Lady Scott of Bybrook for the extraordinary amount of time and effort she has dedicated to the passage of this Bill, both inside and outside the Chamber. Her hard work and dedication have been an example to us all. It is equally appropriate for me to express gratitude to Opposition Peers, most notably the noble Baronesses, Lady Hayman of Ullock and Lady Taylor of Stevenage, on the Labour Front Bench and, for the Liberal Democrats, the noble Baroness, Lady Pinnock, and the noble Lord, Lord Stunell, in their turn. My noble friend Lady Scott and I are grateful to them all for the fairness and good nature of our engagement and debate throughout the Bill’s passage. That far-off halcyon time when the levelling-up Bill did not figure in their weekly workload must seem an aeon ago.
I also thank those on the Back Benches for their many constructive contributions, in particular my noble friends Lord Moylan, Lord Randall of Uxbridge, Lord Lansley, Lord Young of Cookham, Lord Lucas, Lord Caithness and Lord Trenchard, as well as the noble Baronesses, Lady Young of Old Scone, Lady Jones of Whitchurch, Lady Randerson, Lady Bakewell of Hardington Mandeville, Lady Jones of Moulsecoomb, Lady Bennett of Manor Castle and Lady Hayman, and the noble Lords, Lord Berkeley, Lord Hunt of Kings Heath, Lord Shipley, Lord Crisp, Lord Best, Lord Lytton and Lord Carrington—and there have been many others.
The House of Lords Public Bill Office, the House clerks and the Office of the Parliamentary Counsel also have my admiration and gratitude for their extraordinary hard work. Last, but certainly not least, I pay tribute to all the members of the Bill team. If ever there was a Bill team deserving of our fulsome thanks, it is this one. The team officials in DLUHC are those I principally have in mind, but many others from departments across government have made an invaluable contribution to the delivery of this Bill. Again, on my noble friend’s behalf and my own, I thank them all for their immense hard work, patience and professionalism over these many months.
This Bill creates the foundations and tools necessary to address entrenched geographic disparities across the UK. It is designed to ensure that this Government and future Governments set clear, long-term objectives for levelling up and can be held to account for its progress. The Bill devolves powers to all areas in England where there is demand for it, empowering local leaders to regenerate their towns and cities and restore pride in places. It also strengthens protections for the environment, making sure that the delivery of better environmental outcomes is at the heart of planning decision-making. I hope that we can all wish it a fair wind. I beg to move.
Lord Young of Cookham (Con)
My Lords, may I say on behalf of the whole House that my noble friend Lord Howe has also borne some of the burden of getting the Bill through? No one can say “No” more politely than my noble friend, as he has had to do to a large number of my amendments.
The only point I really want to make is this: I have done 49 years in Parliament and I have never known a Bill quite like this one. I wonder whether my noble friend can tell the House whether any lessons have been learned from the passage of this Bill—which I think has now taken 24 days in your Lordships’ House —against the background of yesterday when we were told that there will be yet another planning Bill to deal with infrastructure. I express the hope that the next Bill on planning is a little shorter than the one that is about to pass.
Earl Howe (Con)
My noble friend Lord Young can be assured that there will be an exercise to derive those lessons that we think are appropriate from the passage of this Bill. In many ways, I am sure noble Lords would agree that the House has done its work extremely well by its thorough examination of this lengthy measure. However, there may be issues that we can all agree should become the focus of future legislation of a similar kind. I am grateful to my noble friend for raising that question.
Tuesday 17th October 2023
(1 year, 2 months ago)
Commons ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: Commons Consideration of Lords Amendments as at 17 October 2023 - (17 Oct 2023)
16:38 - The House divided: - Ayes: 307 / Noes: 10 - Question accordingly agreed to.
16:53 - The House divided: - Ayes: 309 / Noes: 190 - Question accordingly agreed to.
17:06 - The House divided: - Ayes: 301 / Noes: 195 - Question accordingly agreed to.
17:18 - The House divided: - Ayes: 298 / Noes: 197 - Question accordingly agreed to.
17:30 - The House divided: - Ayes: 300 / Noes: 193 - Question accordingly agreed to.
17:42 - The House divided: - Ayes: 297 / Noes: 193 - Question accordingly agreed to.
17:54 - The House divided: - Ayes: 304 / Noes: 159 - Question accordingly agreed to.
18:08 - The House divided: - Ayes: 303 / Noes: 157 - Question accordingly agreed to.
18:22 - The House divided: - Ayes: 302 / Noes: 152 - Question accordingly agreed to.
18:35 - The House divided: - Ayes: 303 / Noes: 152 - Question accordingly agreed to.
18:48 - The House divided: - Ayes: 299 / Noes: 148 - Question accordingly agreed to.
19:00 - The House divided: - Ayes: 304 / Noes: 12 - Question accordingly agreed to.
19:17 - The House divided: - Ayes: 295 / Noes: 143 - Question accordingly agreed to.
19:30 - The House divided: - Ayes: 291 / Noes: 139 - Question accordingly agreed to.
19:43 - The House divided: - Ayes: 289 / Noes: 136 - Question accordingly agreed to.
19:55 - The House divided: - Ayes: 285 / Noes: 132 - Question accordingly agreed to.
20:08 - The House divided: - Ayes: 286 / Noes: 131 - Question accordingly agreed to.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)
I beg to move amendment (a) to Lords amendment 117.
Madam Deputy Speaker
With this it will be convenient to consider:
Government amendments (b) to (d) to Lords amendment 117.
Lords amendment 231, and Government amendment (a).
Lords amendment 237, and Government amendments (a) and (b).
Lords amendment 369, and Government amendments (a), (c), (b) and (d).
Lords amendment 1, and Government motion to disagree.
Lords amendments 2 and 4, Government motions to disagree, and Government amendments (a) and (b) in lieu.
Lords amendment 3, and Government motion to disagree.
Lords amendment 6, Government motion to disagree, and Government amendments (a) to (d) in lieu.
Lords amendment 10, Government motion to disagree, and Government amendments (a) and (b) in lieu.
Lords amendment 13, and Government motion to disagree.
Lords amendment 14, Government motion to disagree, and Government amendments (a) to (p) in lieu.
Lords amendment 18, Government motion to disagree, and Government amendments (a) and (b) in lieu.
Lords amendment 22, and Government motion to disagree.
Lords amendments 30 and 31, Government motions to disagree, and Government amendments (a) to (d) in lieu.
Lords amendment 44, Government motion to disagree, and Government amendments (a) and (b) in lieu.
Lords amendment 45, and Government motion to disagree.
Lords amendment 46, and Government motion to disagree.
Lords amendment 80, and Government motion to disagree.
Lords amendment 81, Government motion to disagree, and Government amendments (a) to (c) in lieu.
Lords amendment 82, and Government motion to disagree.
Lords amendment 90, Government motion to disagree, and Government amendment (a) in lieu.
Lords amendments 102 and 103, Government motions to disagree, and Government amendments (a) to (d) in lieu.
Lords amendment 133, and Government motion to disagree.
Lords amendment 134, and Government motion to disagree.
Lords amendment 137, and Government motion to disagree.
Lords amendment 139, and Government motion to disagree.
Lords amendment 142, and Government motion to disagree.
Lords amendment 156, and Government motion to disagree.
Lords amendment 157, and Government motion to disagree.
Lords amendment 172, and Government motion to disagree.
Lords amendment 180, and Government motion to disagree.
Lords amendment 199, and Government motion to disagree.
Lords amendment 239, Government motion to disagree, and Government amendments (a) to (c) in lieu.
Lords amendment 240, Government motion to disagree, and Government amendments (a) to (c) in lieu.
Lords amendment 241, and Government motion to disagree.
Lords amendments 242, 243 and 288, Government motions to disagree, and Government amendments (a) to (d) in lieu.
Lords amendment 244, and Government motion to disagree.
Lords amendment 249, and Government motion to disagree.
Lords amendment 273, Government motion to disagree, and Government amendment (a) in lieu.
Lords amendment 280, and Government motion to disagree.
Lords amendment 285, Government motion to disagree, and Government amendment (a) in lieu.
Lords amendment 327, and Government motion to disagree.
Lords amendment 329, Government motion to disagree, and Government amendments (a) and (b) in lieu.
Lords amendments 5, 7 to 9, 11, 12, 15 to 17, 19 to 21, 23 to 29, 32 to 43, 47 to 79, 83 to 89, 91 to 101, 104 to 116, 118 to 132, 135, 136, 138, 140, 141, 143 to 155, 158 to 171, 173 to 179, 181 to 198, 200 to 230, 232 to 236, 238, 245 to 248, 250 to 272, 274 to 279, 281 to 284, 286, 287, 289 to 326, 328, 330 to 368 and 370 to 418.
Rachel Maclean
The Levelling-up and Regeneration Bill has had a lengthy passage. I take this opportunity to pay tribute to all my predecessors in my role and to colleagues across the Department who have shepherded the Bill to its position.
The Bill reflects the huge importance of levelling up for the future of the country. For decades, successive Governments have failed to address the inequality of opportunity in our country. Economic growth has for too long been concentrated in a select few areas. The Bill will ensure that this Government and future Governments set clear, long-term objectives for addressing entrenched geographic disparities.
The Bill will expand and deepen devolution across England. It will devolve powers to all areas in England where there is demand for it, allowing local leaders to regenerate their towns and cities and restore pride in places by creating a new institutional model more suitable for devolution to whole-county areas outside city regions that have more than one council: the combined county authority.
Sir Desmond Swayne (New Forest West) (Con)
I do not know what the Minister is going to say about Lords amendment 14, but if she is agin it, will she reassure me that the voice of district councils will not be lost in combined county authorities, which would create a disparity of the type that she is out to remove in the Bill?
Rachel Maclean
I thank my right hon. Friend for his view. I will come on to address that point substantially in my remarks.
We are modernising our planning system, putting local people at its heart so that it delivers more of what communities want. The reformed system will champion beautiful design in keeping with local style and preferences and ensure that development is sustainable and accompanied by the infrastructure that communities will benefit from.
The Bill further strengthens protections for the environment so that better outcomes are at the heart of planning decisions. I am pleased to be able to inform the House that we have reached agreement with both the Welsh and Scottish Governments on a UK-wide approach to environmental outcomes reports in part 6 of the Bill.
Chris Grayling (Epsom and Ewell) (Con)
May I welcome the amendment that the Government tabled in the other place that will have the effect of addressing the issues I raised on Second Reading about the propensity of developers simply to clear a site in advance, with no regard for the wildlife on it at all? We had a controversial case of that happening only last week. I think the amendment will make a real difference and stop that terrible practice happening. It is a good example of the Government’s commitment to wildlife and the environment. I am grateful to the Minister.
Rachel Maclean
I thank my right hon. Friend from the bottom of my heart for all the work he has done to protect wildlife both in his constituency and across the country. Hedgehogs will be a lot safer for his determined work—and not only hedgehogs but all other species of our beloved wildlife.
Rachel Maclean
I will give way shortly.
We have committed to resolving a related anomaly by reinstating a devolved regulation-making function for the Scottish Government on Electricity Act 1989 consents. That was lost following the repeal of the European Communities Act 1972. Our Governments will work together to transfer functions so that powers lost in the repeal of that Act can be reinstated, using existing processes under the Scotland Act 1998.
Since the Bill left this House, the Government have made a number of amendments to improve it. For example, we have addressed the issue of the payment of compulsory purchase hope value compensation by removing hope value from certain types of schemes where there is justification in the public interest. Part 11 of the Bill has been refined in response to concerns raised by the House about the need to specify the purposes for which the new information-gathering powers may be used. To bolster the Bill’s benefits for the environment, we have reduced opportunities for incentives for site clearance before development, just as we heard from my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), and included a clear requirement for plan makers to take into account the content of local nature recovery strategies.
I turn to the changes added by peers in the other place. Part 1 of the Bill provides the foundations to address entrenched geographic disparities across the UK. We have heard calls to be clearer on the third round of the levelling-up fund and tabled an amendment that adds a duty to lay a statement before each House of Parliament within three months of Royal Assent about the allocation of levelling-up fund round 3. Our views differ from those in the other place. We do not think that there is any connection between that further clarity on the levelling-up fund and the publication of the statement of levelling-up missions. Therefore, we do not think it is necessary to bring forward the laying date of the statement of levelling-up missions as proposed in Lords amendment 1.
We have been clear that the first statement of levelling-up missions will contain the missions from the levelling up White Paper. Missions may need to evolve over time and, if the detail of missions appears in the Bill, the process to adjust them in the future will become unhelpfully rigid and time-consuming. Therefore, in response to Lords amendments 2 and 4, seeking missions on child poverty and health disparities, the Government have tabled an amendment that requires the Government to consider both economic and social outcomes in deciding their levelling-up missions. That means that we retain that vital flexibility for future Governments to set missions according to the most important pressing issues of the day, while recognising that social outcomes such as child poverty and health inequalities are essential factors when deciding missions.
We are not able to accept Lords amendment 3, which would define criteria for assessing the success of levelling up, because those criteria will inevitably change as the data we have evolves. However, given the strength of feeling, I am pleased to announce that the Government can commit to publishing an analysis of geographical disparities alongside the first statement of missions. Linked to that, there have been calls for more specific reporting on levelling up and rural proofing in Lords amendment 6. We strongly agree that levelling up must work for all types of communities, not just those in urban centres.
Dehenna Davison (Bishop Auckland) (Con)
Will my hon. Friend give way on that point?
Rachel Maclean
I will just finish this remark, and I will certainly give way to my former ministerial colleague.
The Department for Environment, Food, and Rural Affairs already publishes an annual rural proofing report, which reflects the Government’s consideration of rural challenges across policymaking.
Dehenna Davison
As someone proud to represent a predominantly rural community, does my hon. Friend agree that one of the best ways to level up in rural areas is by ensuring that those areas get strong devolution deals with strong local leadership?
Madam Deputy Speaker (Dame Rosie Winterton)
Order. Just a little reminder that if Members intervene on a speaker, it is customary to stay until the end of their speech.
Rachel Maclean
I want to reiterate my thanks to my former colleague, my hon. Friend the Member for Bishop Auckland (Dehenna Davison), who did so much to shepherd the Bill to its current position. I completely agree with her. The best way to ensure levelling up across the country is by voting Conservative, because we have done more than any other Government to spread opportunity around the country.
To avoid anything that would duplicate the work I just mentioned, we have tabled an amendment that will require the Government to have regard to the needs of rural communities in preparing the statement of levelling-up missions. That is consistent with the approach we have taken in other areas, including with respect to the devolved Administrations.
We have heard the concerns highlighted through Lords amendment 199 on access to banking facilities for communities, and we share those concerns. Branch closures are commercial decisions for banks, and we do not believe that a blanket requirement on local authorities to produce strategies to inhibit that would be effective or proportionate. Instead, the Treasury will continue to support the roll-out of alternative services, such as banking hubs, which will ensure that communities across the country have access to the facilities they need.
Margaret Greenwood (Wirral West) (Lab)
On Lords amendment 199, a lot of constituents have written to me with their concerns about bank closures. In West Kirby in my constituency, when the last bank closes next year there will be a banking hub, but it will not meet the needs of everyone across the constituency. Does the Minister agree that banks, post offices and so forth are incredibly important, particularly for those who are not able to or do not have the facility to access the internet and do their transactions online? Will she reconsider that position?
Rachel Maclean
The hon. Lady makes some good points. As I said, we agree on the importance of those services, particularly for the rural communities that we represent. That is why we are pushing through with the other work being done by our colleagues in the Treasury, and with the banking services model.
Turning to combined county authorities, the Government have heard the strength of feeling in both Houses about combined county authority associate member voting rights, and the combined authority boundary changes. The Government are therefore content to remove the ability to vote from associate members of both combined authorities and combined county authorities, the latter of which is called for by Lords amendment 14. We are also content to accept the requirements that must be satisfied before local government areas are added to an existing combined authority for the first nine months after Royal Assent, as proposed in Lords Amendment 18. The Government have accordingly tabled amendments in lieu, which we hope the House will support.
The core feature of combined county authorities is that only upper tier local authorities can be constituent members. That principle is essential to ensuring devolution, and its benefits can be expanded to two-tier areas. The House will not need reminding of several previous devolution deal negotiations for combined authorities that have failed in these areas, despite majority support for the deal. Allowing non-constituent members of a combined county authority to become full members would undermine our efforts to address the problem in future and would reduce the effectiveness of devolution in those areas. We remain of the view that combined county authorities must engage all relevant stakeholders, and wish for district councils to have voting rights on issues pertaining to them, but they must be established at local level. Let me reassure the House that the Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for Redcar (Jacob Young), who is next to me on the Front Bench, is having detailed discussions with districts on that point.
John Redwood (Wokingham) (Con)
Given the Minister’s enthusiasm for devolution and the wish to spread investment more sensibly around the country, what extra powers will local communities have to decide what is a realistic number of new homes in any given area?
Rachel Maclean
I will address that matter in due course, so I hope my right hon. Friend will allow a little patience.
Sir Julian Lewis (New Forest East) (Con)
I would like to reinforce what my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) said about the concern at district council level that they may be sidelined in combined authorities. We have received a persuasive letter from New Forest District Council, and I would like the Minister to reassure the House that her pledge that they can vote on areas relevant to them will be honoured.
Rachel Maclean
New Forest MPs are definitely speaking up for their residents today. My right hon. Friend will have seen the Levelling Up Minister next to me; he has heard that vital point. These matters must be decided locally, but I can reassure both my right hon. Friends the Members for New Forest West (Sir Desmond Swayne) and for New Forest East (Sir Julian Lewis) that their voices have been heard and those points will be considered in future arrangements.
It is our strong view that one of the core principles of local democracy is that citizens can attend council meetings to interact in person with their local representatives. There are no limits placed on authorities broadcasting their meetings online and we do not agree that councillors should be able to attend those meetings and cast their votes remotely. It is important that they are present, active participants in local democracy. Therefore, the Government are not able to support Lords amendment 22.
The Bill removes a key barrier to transferring police and crime commissioner functions to combined authority Mayors, a long-standing Government commitment. Those powers do not permit the removal of a police and crime commissioner in favour of a mayor mid-term, as some have suggested. The powers simply allow the May 2024 mayoral elections to elect the Mayor as the next police and crime commissioner for an area, where Mayors request that the election be conducted on that basis. It is to allow the proper preparation for, and administration of, those elections that the Government are seeking to commence the provision upon Royal Assent, and so we are unable to support Lords amendment 273.
Turning to planning, we have heard the strength of feeling across both Houses about the need for national development management policies to be produced transparently, with clear opportunities for scrutiny. We have therefore strengthened the consultation requirements in the Bill, to make it clear that consultation will take place in all but exceptional circumstances, or where a change has no material effect on the policies. Draft policies will also need to be subject to environmental assessment, which in itself will require consultation. That will give everyone with an interest in these important policies—the public and parliamentarians alike—the opportunity to scrutinise and influence what is proposed.
Housing provision has been raised by my right hon. Friend the Member for Wokingham (John Redwood).
Rachel Maclean
Will my right hon. Friend allow me to finish my point, and then I will gladly give way?
As our existing policy makes clear, it is important that every local plan is founded on a clear understanding of the housing needs in the area. In response to Lords amendment 82, we have tabled an amendment that puts that important principle into law: plans should take into account an appropriate assessment of need, including the need for affordable homes. Any assessment of need is only a starting point for plan making; it will remain the case that local planning authorities will make their own assessment of how much of that need can be accommodated.
Theresa Villiers
Will the Minister assure the House that the compromise set out in the Secretary of State’s letter to colleagues of 5 December last year will be implemented? It is an important way to amplify local control over what is built in a neighbourhood, while still delivering the volume of new homes that we need.
Rachel Maclean
I thank my right hon. Friend for raising that point, which I think is a matter of interest to all colleagues. She will know that we have had an exceptionally high level of interest in the consultation on the national planning policy framework, with over 25,000 respondents across the country. That demonstrates the keen interest of parliamentarians and their constituents in this important issue. She will know that officials need to work through those responses, as they are doing directly with her and others, before we make proposed changes. Officials will continue to work with her and other colleagues, and we look forward to publishing the updated document shortly. To be clear, the position remains as outlined in the Secretary of State’s letter of December 2022.
Dominic Raab (Esher and Walton) (Con)
The Minister is endeavouring to strike the right balance in a tricky area. Does she agree with me, as a former Housing Minister—there are one or two in this place—that actually the most important thing beyond what happens in Westminster is that local authorities get their local plan in place? We have a Liberal Democrat-run council in Elmbridge. It does not have a plan in place and has not for years. That is what exposes the green belt and unwanted developments such as the Jolly Boatman site which local communities do not want.
Rachel Maclean
I thank my right hon. Friend and esteemed predecessor in my role. I will come on to speak a bit more about the “banana” policies of the Liberal Democrats later in my remarks. For the avoidance of doubt, that stands for—
Rachel Maclean
No. The hon. Lady will have her chance to speak later. It stands for “build absolutely nothing anywhere near anyone”. That is their policy. The whole House and the whole country know it. We on the Conservative Benches are building the homes that the country needs. My right hon. Friend the Member for Esher and Walton (Dominic Raab) is absolutely right to say that where local authorities have a local plan more houses are built, and that where local authorities do not produce a local plan they are failing their residents and letting down future generations who will live in those areas. I will not take any more interventions now; I need to make some more progress.
The Government agree that it is vital for local planning authorities to have the resources they need to deliver an effective planning service. On 20 July, we laid draft affirmative regulations that, if approved by Parliament, will increase planning fees by 35% for major applications and 25% for all other applications. This is a national fee increase that will benefit all local planning authorities in England. We are also undertaking a programme, with funding, to build capacity and capability in local planning authorities. The Government do not believe that enabling authorities to vary fees and charges is the way to answer resourcing issues. It will lead to inconsistency of fees between local planning authorities and does not provide any incentive to tackle inefficiencies. It would also create significant financial costs to the taxpayer. We do not require the fee income to be formally ringfenced, as there is already a requirement through primary legislation for planning fees to be used for the function of determining applications. We have been very clear that local planning authorities should use the income from planning fees to fund their services. That will allow them to build their capability and capacity, and improve their performance. Therefore, the Government are not able to support Lords amendment 82.
On the environment, the Government agree that the planning system must support our efforts to meet our legal net zero commitments by 2050 and to tackle the risks of climate change. We have committed to updating the national planning policy framework to ensure it contributes to climate change mitigation and adaptation as fully as possible. What is crucial, however, is that we address climate change in a way that is effective without being unnecessarily disruptive or giving rise to excessive litigation for those seeking to apply the policies once they are made. That is why we cannot support Lords amendment 45.
Sir Michael Ellis (Northampton North) (Con)
I congratulate the Minister on her stewardship of the Bill. It is clear that it will be to the further benefit of the environment and devolve power democratically in terms of local decision making. Does she agree that it is this Conservative Government that are best for levelling up, whereas the other political parties in this Chamber constitute no progress at all and will bring no progress in the unlikely event they are ever put in that position? Is not the fact of the matter that, both democratically and transparently, it is the policies she is setting out and the position of this Government that will be for the benefit of the whole country?
Rachel Maclean
I thank my right hon. and learned Friend. I think Northampton North speaks for the whole House on this issue. With that, I will give way to my right hon. Friend the Member for North Somerset (Dr Fox).
Dr Liam Fox (North Somerset) (Con)
My hon. Friend says, very importantly, that we will be getting an update to the NPPF to reflect the changes made in the Bill. Can she give us an idea when we will get it? We were promised it before the summer and then we were promised it in September. When will the House and the country actually see the updated NPPF?
Rachel Maclean
I recognise that there is a keen appetite to see the update. As I set out earlier, there has been a huge amount of work to analyse the very significant volume of responses. We will be bringing forward the update as soon as the Bill receives Royal Assent.
Rachel Maclean
I am not going to give way at the moment, I am afraid.
The Government agree that the quality of our homes is vital, but we do not agree that further legislation is needed to achieve that. The healthy homes principles contained in Lords amendments 46, 327 and 249 cut across building safety, building standards, building regulations, planning policy and design. They are already considered and addressed through those well-established systems.
Caroline Lucas
I am truly grateful to the Minister for giving way.
In its latest progress report, the Climate Change Committee was clear that planning policy needs what it calls “radical reform” to support net zero. Will the Minister therefore say more about her bewildering decision not to accept Lords amendment 45, which would simply ensure that all national planning policy decisions, local planning making and individual development decisions are in line with net zero? If the Government are serious about wanting net zero to be a priority, why would they not ensure that all their planning decisions support net zero, rather than undermine it?
Rachel Maclean
I have set out that, of course, the planning system puts the environment and net zero at the heart of all its work.
Wendy Morton (Aldridge-Brownhills) (Con)
I am grateful to my hon. Friend for giving way. I just want to go back to the point about the Government coming forward with the NPPF. She indicated that it would appear very quickly after Royal Assent. Presumably the Bill will receive Royal Assent very quickly, so surely that piece of work must be almost ready. Why can we not see it sooner rather than later?
Rachel Maclean
My right hon. Friend is absolutely right. We very much hope we will, with the consent of the House after these debates, see the Bill receive Royal Assent. We are working at pace to bring forward the long-awaited detail that she and others are rightly pressing for.
Steve Brine (Winchester) (Con)
Will the Minister give way on healthy homes?
Rachel Maclean
I will come to colleagues very shortly. I want to say a few words about healthy homes, which I think my hon. Friend may want to speak about. The Government do not agree that an additional regulatory framework to promote healthy homes, including a schedule setting out the principles and process for providing a statement, is necessary, because it is already considered and addressed through well-established systems.
Steve Brine
I understand why the Government are resisting Lords amendment 46, a cross-party amendment from Lord Crisp, Lord Young of Cookham and Lord Blunkett. I understand what the Government are saying. At the moment, a big Select Committee inquiry is under way into prevention and we are looking at healthy homes. Is the Minister satisfied that the Government are addressing the fact that poor-quality housing is a major determinant of ill health that cuts across inequalities and is directly comparable to that? Is the Minister satisfied that all the stuff in the letter yesterday from the Secretary of State to all Members is in place to address that inequality?
Rachel Maclean
I thank the Chair of the Health Committee for all the work he is doing on this issue. I will read his report with great interest. I draw the House’s attention to the work that the Government and the Department are doing to tackle the damp and mould that is in so many houses and that caused the tragic death of Awaab Ishak. It is always right that we look to see what more we can do.
Rachel Maclean
I need to make progress.
On the important issue of building in flood risk areas, which was raised in the other place, amendment 80 is well intentioned but would have wholly impractical implications. Under the amendment, a ban on residential development in land identified as flood zone 3 would take no account of flood defences and where, in reality, it is safe to build. For example, some 60% of the London Borough of Hammersmith and Fulham lies in flood zone 3, as do many parts of Westminster. Planning policy and guidance make it clear that residential development is not compatible with functional floodplain, and should not be approved.
There is strong policy and guidance in place to prevent residential development where that would be genuinely unsafe. In high-risk areas, such development is only acceptable when there are no reasonably available sites with a lower risk of flooding, when the benefits of development outweigh the risk, and when it can be demonstrated that the development can be made safe for its lifetime without increasing flood risk elsewhere and, where possible, will reduce flood risk overall.
Tom Randall (Gedling) (Con)
I appreciate that the wording of Lords amendment 80 is not suitable given its likely scope, but flooding is a big issue in my constituency. It has affected a number of building sites, the Linden Grove development being just one example. Can the Minister assure me that the wide panoply of powers available to the Government, including the forthcoming planning policy framework, will create the infrastructure and apparatus necessary to ensure that a robust system will be in place to prevent flooding from affecting future housing developments?
Rachel Maclean
I can, with pleasure, give that assurance to my hon. Friend’s constituents, and to those in other flood-risk areas. We have considered this matter very carefully. We have strengthened planning policy and guidance, and put capacity into local authorities to enable them to assess risks properly. We believe that the policy strikes the right balance between allowing house building where it is safe and, of course, protecting homes from flooding in the future.
We are grateful for the constructive discussions that have taken place on the important topic of ancient woodland. We are content to accept the principle of Lords amendment 81, which means that within three months of Royal Assent we will amend the Town and Country Planning (Consultation) (England) Direction 2021 to require local planning authorities to consult the Secretary of State if they want to grant planning permission for developments affecting ancient woodland. That clause will ensure that a Government commitment made during the passage of the Environment Act 2021 is enacted to a specified timeframe.
Mrs Natalie Elphicke (Dover) (Con)
Ancient woodland is already highly protected. Will the Minister consider how this will interact with major infrastructure delivery in line with the commitment that she has given? I am particularly mindful of the fact that in Dover we are seeking an upgrade of the A2, which has already been planned to take account of ancient woodland. I am keen for that to progress, taking account of the existing environmental considerations.
Rachel Maclean
My hon. Friend is an excellent champion of infrastructure and housing in her constituency and, of course, throughout the country. She has made an important point, and I should be pleased to meet her and, possibly, her local representatives to talk about it in more detail.
Last month, in response to the concerns of Members of both Houses, the Government made changes to the national planning policy framework in relation to onshore wind, which were designed to make it easier and quicker for local planning authorities to consider and, where appropriate, approve onshore wind projects when there is local support. We need to allow time for those changes to take effect, so we will keep the policy under review, and will report in due course on the number of new onshore wind projects progressing from planning application through to consent. We also intend to update planning practice guidance to support the changes further, and to publish our response to the local partnerships consultation for onshore wind in England. The response will set out how, beyond the planning system, the Government intend to improve the types of community benefits that are on offer for communities who choose to host onshore wind projects, including local energy bill discounts.
Sir Alok Sharma (Reading West) (Con)
Conservative colleagues and I, along with the Minister’s Department, worked together to end the de facto banning of onshore wind, and I am grateful for that. However, as the Minister has acknowledged, we need to see whether this policy is working, and a key determinant of that will be whether onshore wind really has meaningful community benefits. The consultation closed three and a half months ago; will the Minister tell us when we will see its conclusions? I am not suggesting that she should pre-empt those now, but could she also specify some of the likely monetary benefits that might flow to communities, so that we could have an indication that the Government are moving in the right direction?
Rachel Maclean
I thank my right hon. Friend for what he has said, and for all the vital work that he did in his previous role in taking forward the country’s reaction to climate change. This is a key plank of our policy. Our commitment to renewables is beyond question, and we have done more to drive forward that agenda with the help of my right hon. Friend and others. I have been discussing some of the questions he has raised today with my colleagues in the Department for Energy Security and Net Zero, because I think people want to see what this means in practice for their communities. We have some exciting work planned, and I can assure him that, as I have said in response to earlier interventions, we will provide the response to the NPPF—which covers this and other matters—as soon as we can.
The Government remain committed to repealing the antiquated Vagrancy Act 1824 as soon as replacement legislation can be introduced, and once that has happened there will be no need to publish a report. Lords amendment 240 would require a Minister to publish, within 90 days of Royal Assent, an assessment of the impact of the enforcement sections of the Vagrancy Act on levelling up and regeneration. Given our commitment to the repeal and replacement of the Act, and because identifying and gathering the information would take significant time, we propose that a year should be provided rather than 90 days.
To ensure that the leaseholder protections on remediation work as originally intended in the Building Safety Act 2022, we have tabled an amendment to remedy a gap in the Act so that a qualifying lease retains its protection if extended, varied, or replaced by an entirely new lease. We do not, however, agree that Lords amendment 242, which would secure parity between non-qualifying and qualifying leaseholders, and exclude shares in a property of 50% or less from being counted as “owned” for the purposes of calculating whether a lease qualifies for the protections, should be accepted. There are a number of defects in the amendment; in particular, it would remove the protections once remediation work was complete, which a number of stakeholders have described to us as a potentially worrying change.
The Government made amendments to the Bill—clauses 239 and 240—which will allow us to transfer the building safety regulator out of the Health and Safety Executive in the future. That will ensure that we are ready, and have the flexibility in place, to respond to the Grenfell Tower inquiry report when it is published. When the regulator is moved, the essential committees established under sections 9 to 11 of the Building Safety Act will need to be transferred. We are therefore unable to accept an amendment that prevents us from removing the references to the Health and Safety at Work etc. Act 1974 in relation to the committees. I should, however, make it clear that the Government have no intention of amending the make-up or role of those committees.
The Government take the condition of school and hospital buildings very seriously, which is why we already have extensive, well-established and transparent data collection arrangements for schools and hospitals. In addition to annual funding and central rebuilding programmes, we provide targeted support for schools and hospitals with specific problems such as reinforced autoclaved aerated concrete. The creation of a new register, collecting new data and following up relatively minor issues easily managed locally, will take limited resources and focus away from the most serious issues which require additional support to keep our schools and hospitals safe, undermining overall safety. That would carry unavoidable significant financial implications for both the NHS and the school system. The Government have listened to the arguments about local authorities opening their own childcare provision. While we did not feel that there was a legislative gap, we are willing to concede that point in full, and an amendment will be added to the Bill.
You will be delighted to know, Madam Deputy Speaker, that I am nearing the end of my remarks, but I have no doubt that you will hear from the Opposition Front Bench a torrent of complaints and criticisms of the Government’s entire policy. Before we hear from them, however, let me make a few things clear. Despite having listened to numerous speeches from Opposition Front Benchers, I have no idea what their plans are for this vital policy area—apart from the rare instances in which they have simply repeated, and passed off as their own ideas, what the Government are already doing. They claim that they would magically make all these things happen without any additional public spending. Oh, I am sorry; perhaps I have missed their saying where they will spend the VAT charge on private schools, for possibly the ninth or 10th time. We can all see that for the fantasy it is.
Rachel Maclean
I am not giving way.
The Leader of the Opposition says that his is now the party of the yimbys. We all want housing for our own children and grandchildren—I am a mother of four; my second grandchild, Henry, was born just last night—so this Government stand squarely behind the aspiration of families across the country to buy a home of their own and get on the housing ladder. But what have we seen from Labour? At least 19 members of the shadow Cabinet have conspired to block houses being built in their own constituencies, including the right hon. Member for Ashton-under-Lyne and the Leader of the Opposition himself, who just two years ago voted to protect the right of communities to object to individual planning applications. That is what he voted for in this place, yet he now says that local communities will be completely ignored. Presumably what he means is that what is okay for him is not okay for anyone else. He wants to rip up the protections for precious green spaces, not just on the green belt but on the brownfield sites. Of course these are a vital aspect of our brownfield-first planning policies, but they often also form a vital green lung in heavily urbanised areas—[Interruption.] There is an awful lot of chuntering from Labour Front Benchers. They do not like what I am saying, but I will not be shouted down in standing up for house building across the country.
I would like to refer to a quote:
“Green space is vital in our communities to give children a safe place to play and to enhance community well-being.”
Not my words but the words of the right hon. Member for Ashton-under-Lyne, who went on to say:
“I wanted residents to know they have my support in their bid to stop contractors entering the site to start building.”
I hope that the Leader of the Opposition has explained his position clearly to the residents of Mid Bedfordshire and Tamworth, who I am sure will be interested to know exactly which sites on their green belt, urban brownfield and rural farmland the Labour party would like to determine, at the stroke of a north London lawyer’s pen, should be built over with zero regard to local communities.
Rachel Maclean
I will not give way.
There is no credibility at all on the Labour Front Bench. You do not have to take my word for it; just look at housing delivery in London and in Wales, where Labour has been in government, with all the powers, funding and levers, for many years. It has an atrocious record on house building, housing delivery and affordable house building. It is hardly surprising, when house building fell to the lowest level since the 1920s the last time Labour was in government. That, along with everything else, is something that the Conservatives had to sort out when we took office.
We are on track to deliver our manifesto pledge to build 1 million homes during this Parliament, with housing delivery at near-record 30-year highs. We are not complacent, and we need to deliver more of the right homes in the right places. That is why the Prime Minister and the Housing Secretary set out our long-term plan for housing in July—a plan based on the principles of building beautiful, with homes built alongside GP surgeries, schools and transport links, where communities are listened to and where we enhance the natural environment and protect our green spaces. It is a plan where we will build beautiful neighbourhoods modelled on the streets of Maida Vale, the crescents of Bath or the rural and suburban vernacular of Poundbury, not on soulless dormitory towns.
Now I shall turn to the Liberal Democrats. Even by their own standards, we have seen the most extraordinary fiasco unfolding within their party. I have to hand it to them: their balancing act is pretty impressive. They are taking the high-rise tightrope walk art of holding two entirely different positions at the same time to newly dizzying heights. Historically, the Lib Dems have been the BANANA party—build absolutely nothing anywhere near anyone—but amid incredible scenes, their youth wing has thrown out the yellow bendy fruit and forced on the party a top-down Whitehall-driven target of 380,000 houses a year.
Rachel Maclean
No, I will not give way. The hon. Lady can speak later.
This policy has been described by the Lib Dems’ own former leader—
Madam Deputy Speaker (Dame Rosie Winterton)
Order. Just a little reminder that we are on Lords amendments. I am sure the Minister will be referring her remarks back to the relevant ones.
Rachel Maclean
Thank you, Madam Deputy Speaker. We did discuss the matter of housing targets in the Lords debate.
The Lib Dems’ policy to have 380,000 houses a year—that is certainly this week’s policy—has been described by their own former leader as Thatcherite. So anyone contemplating voting Liberal Democrat needs to know what this means. I am afraid that they can no longer sustain a position of objecting to every single house being built in their area, or avoid making local plans to give communities a proper say over housing and the green belt. As we have seen with so many Liberal Democrat local authorities, they have kicked the can down the road and failed their residents.
I shall finish by expressing my gratitude to all my colleagues, both here and in the other place, for their continued and dedicated engagement with this complicated and complex Bill during its passage. We have listened carefully to the views of Members on both sides of the House, stakeholders and members of the public. The amendments we have made to the Bill as it has progressed to the Lords have further enhanced it and I commend it to the House.
Peter Aldous
I agree entirely with my right hon. Friend on that point. Coming out of covid, a lot of parish councils have raised that issue with me. From their perspective, they have made well-reasoned cases. They are not going to go daft. There is perhaps a nightmare scenario of local councillors never leaving their homes and, as a result, being abstract from the communities they represent. But they will not do that. They will be very mindful of their responsibilities and they would use this provision sensibly. At a time when we are talking about cascading down responsibilities to local authorities, it appears slightly perverse to be saying, “No, you’ve got to do it this way.”
My next point relates to Lords amendments 46 and 327, which would require the Secretary of State to promote healthy homes and neighbourhoods through a regulatory framework for planning and the built environment. As we have heard, the Government are seeking to strike out those amendments, on the basis that they will cut across the actions the Government are already taking to improve the quality of new homes, will create uncertainty and risk legal challenge and delay. I would readily accept that argument if the existing policy was working well, but it is not; it is complex and focused only on risk reduction. We should bear it in mind that from a high-quality home a host of benefits ensue and cascade down: better health and less pressure on the NHS; and an enhanced environment for learning, doing homework and passing the exams and getting the qualifications that enable people to realise their life ambitions, thereby ensuring social mobility. That in turn leads to improvement in national economic productivity. If the Government are to strike out those amendments, they need to fast-track their reviews of the decent homes standard and future homes standard and to put them in a coherent, positive and ambitious framework.
Finally, Lords amendment 45 requires the Secretary of State to have special regard to climate change mitigation and adaptation in preparing national policy, planning policy and advice relating to the development or use of land. As we have heard, the Government oppose the amendment on the basis that it could trigger a slew of litigation, which would hinder action needed to safeguard the environment, and that it repeats existing policy and statutory requirements. They also say that the importance of the environment is already restated in the Bill. I take that on board, although I would highlight three concerns.
First, to achieve our net zero obligations, there is a need for an enormous amount of private sector investment. As the UK Green Building Council points out, pension funds, corporate investors and construction companies require clarity, consistency and certainty in the policy framework. At present, that is missing and the business and investment community is confused.
Secondly, the existing system has created an inconsistency whereby local authorities must take net zero into account in developing their local plans, but the Planning Inspectorate and the Secretary of State, as we heard on a number of occasions, do not have to give net zero the same level of consideration. If this Lords amendment does not stand, at the very least the Government need to remove that ambiguity as quickly as possible.
Finally, I am mindful that in Waveney, my own backyard, in Suffolk and across East Anglia, we are at the forefront of the challenges and opportunities arising from climate change. We have an exposed and vulnerable coast, we are low lying and prone to flooding, and we are the driest region in the UK. That said, we have great economic opportunities arising from the low-carbon economy, in the form of offshore wind, nuclear and hydrogen.
Local authorities and local business in the eastern region have innovative plans to best address these threats and to maximise the benefits arising from these opportunities. However, as matters stand, they are constrained by the inconsistencies I have outlined. A greater emphasis on climate change mitigation would provide some certainty and would help to attract the private sector investment I mentioned that, as we are seeing, is globally footloose.
These are the concerns I have. I acknowledge that the Bill should not be seen as the panacea for all our ills and I have listened to the assurances that my hon. Friend the Minister has provided. I hope that she might be able to allay some of the concerns I have outlined in her summing up.
Rachel Maclean
It is a pleasure to be able to respond to the points made by colleagues across the House. This is a complex and important Bill, and it has been a thoughtful and well set out debate; everyone has contributed.
I thank colleagues across the House for their remarks. I can assure everyone that the Government have listened extremely carefully to those. Because I have limited time, I may not be able to give as full an exposition on every single point, but I hope colleagues will not be disappointed and my door is always open to colleagues —as are the doors of all my ministerial colleagues in the Department for Levelling Up, Housing and Communities—to listen to any specific problems that people will have. Therefore, I want to thank the Father of the House, my hon. Friend the Member for Worthing West (Sir Peter Bottomley) and my right hon. Friend the Member for North Somerset (Dr Fox) for their comments.
I thank the hon. Member for Somerton and Frome (Sarah Dyke) for her maiden speech and congratulate her on how she delivered it and its content. I listened to it with great interest and particularly noted her advocacy for and championing of the cider industry in her constituency, as well as her standing up for farmers. I am sure that is something that every single Member of the House can strongly agree with. I wish her all the best for her parliamentary career.
I thank my hon. Friend the Member for St Ives (Derek Thomas), my right hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), the hon. Member for North Shropshire (Helen Morgan), my right hon. Friend the Member for Wokingham (John Redwood), my hon. Friend the Member for Buckingham (Greg Smith), my right hon. Friend the Member for New Forest East (Sir Julian Lewis) and my hon. Friends the Members for Mansfield (Ben Bradley) and for Waveney (Peter Aldous) for their comments. I also thank colleagues from the Opposition Front Benches for their constructive comments. We have definitely reached agreement on some points, although not all, which is not surprising given the range of issues we have been looking at.
I want to touch on a few themes that colleagues have raised. I hope that we can go some way to addressing the specific questions put to me by them. Colleagues have raised concerns about how national development management policies will operate in practice; people have said they are thinking ahead to how those could operate in practice. I want to be clear that, where a decision is made in accordance with the development plan, national development management policies and a specific local policy, and NDMPs are relevant considerations but not in conflict, as part of a planning judgment, it will still be for the decision maker to decide how much weight is afforded to those different policies based on their relevance to the proposed development. The precedence clause sets out only what should be done in the event of a conflict between policies and where they contradict one another. We do expect such conflicts to be limited in future because of the more distinct roles that national and local policy will have. In response to questions asked by many hon. and right hon. Members, I can assure the House that we will be consulting further on how that will operate. My right hon. Friend the Member for Aldridge-Brownhills asked: what does the provision mean when it says the Secretary of State can act urgently? I reassure her that that refers to very limited circumstances such as the unprecedented situations that we saw during the pandemic. It is envisaged that that provision would be used only in those sorts of urgent and emergency situations.
There has been much debate about the role of district councils in the future combined county authorities. I have definitely heard the points that colleagues have made. We do value the amazing work that is done by district councils. I wish to thank my own district council—Redditch Borough Council—for the incredible work that it does. I know that Members have thanked their own local authorities. I listened very carefully to the points made by my hon. Friend the Member for Mansfield. It is right that we want devolution to work and the voices of those district councils are really important. The Under-Secretary of State, my hon. Friend the Member for Redcar (Jacob Young), has been very clear in his discussions that we are encouraging potential areas to consider how best to involve district councils—they make a unique contribution—in recognition of the role that they play, without holding up those important devolution arrangements.
I have been struck by the number of colleagues who have talked about remote meetings and challenged the Government’s position on that. It is the Government’s view that face-to-face democracy should remain in place and that physical attendance at meetings is important, not just to build strong working relationships, but to deliver good governance and democratic accountability. It is clearly right that councillors are regularly and routinely meeting other councillors in person and that members of the public can ask questions in person. Some of these measures were brought in during the pandemic. Now that the pandemic has passed, it is right to consider reversing those and getting back to that face-to-face democracy. However, we are looking at a call for evidence on this matter and we will publish the results of that as soon as possible.
Sir Peter Bottomley
It seems to me that it would be a good idea to consult parish councils in particular and to have a debate in the House of Commons when the Government have had their responses. For the Government to say what their view is, is one thing. For Parliament, which gives powers to authorities, to decide we do not want to tell them how to discuss using those powers is another. Those authorities are limited by the powers. In my view, they should not be limited in how they discuss them.
Rachel Maclean
I thank the Father of the House for those comments. I can assure him that the Government are carefully considering his points, and those made by other colleagues.
I turn to rural-proofing and the vital role of rural areas—a point made by a number of colleagues, particularly my hon. Friend the Member for Buckingham. He asked how we will make sure that we abide by our commitments to rural-proofing in the Bill. I wish to be clear that we are fully behind the objectives to make sure that rural areas benefit from our levelling-up agendas. We want to make sure that the needs of people and businesses in rural areas are at the heart of policymaking, including through rural-proofing. The report that we published early last year demonstrates that we are making real progress on all sorts of issues, including digital connectivity and action to tackle rural crime.
My hon. Friend also asked about the use of agricultural land for food production—again, an issue close to the hearts of many of us who represent rural areas. The Government agree that we must seek to protect our food production and rural environments, and we will publish the consultation response on that issue very shortly.
Dr Fox
I hate to take my hon. Friend back to my earlier question, but she has not answered it. Until we get a new NPPF, planning inspectors will refer to the previous one, and that leaves the option open to them to make decisions that are not in line with the legislation. Will the Minister give guidance to planning inspectors now that in the interim, until the new NPPF is in place, they must take account of what is in legislation passed by the House, rather than referring to the previous NPPF? Otherwise, we will find ourselves in the perverse position where local authorities can give permission to developments that are against what the Government are proposing on areas such as the five-year land bank and housing targets. We cannot allow ourselves to be politically exposed like that. This is a party that wants to win a general election and that expects Ministers to give direction to the planning inspectors.
Rachel Maclean
I assure my right hon. Friend that I heard his remarks and concerns. Until we have published the response on the NPPF, it is not possible for us to give directions to the planning inspectors in the way that he has asked. He will also know that the Planning Inspectorate has to work within the framework policy and the legislation of the time. It is important to set out that local areas must get their local plans in place, and I hope that his local area is doing so. That is the best way to ensure that it delivers houses that command the consent of his constituents, for whom he is advocating superbly.
The Bill addresses the entrenched disparities that exist across the United Kingdom, backed by billions of pounds-worth of funding, including, I must add, for Scotland. The hon. Member for Airdrie and Shotts (Ms Qaisar), who spoke for the Scottish National party, was a little ungenerous in her remarks, so I want to land with her the significant investment that this Government are making in Scotland—I think the figure is £394 million—to boost communities across the country.
This Government set clear long-term objectives for levelling up and are held accountable for—
Rachel Maclean
I am supposed to be winding up, but I will take one final intervention.
Wendy Morton
I am grateful and will be brief. During an earlier intervention, I asked the Minister for clarity on the specific question of the duty to co-operate. Can she give me that clarity before she winds up?
Rachel Maclean
I can confirm for my right hon. Friend that we will scrap the duty to co-operate for the reasons that she mentioned. We will consult on how we expect local authorities to work together. I urge her to work with us and to contribute to that consultation when we bring it forward in due course.
The Bill devolves powers to all areas of England, modernises the planning system and strengthens environmental protection. We have, of course, heard hon. Members’ points, which we will consider carefully as the Bill completes its passage. The Government are on the side of the builders, communities and homeowners —present and future—across our country. I commend it to the House.
Amendment (a) made to Lords amendment 117.
Government amendments (b) to (d) made to Lords amendment 117.
Lords amendment 117, as amended, agreed to.
After Clause 214
Power to replace Health and Safety Executive as building safety regulator
Amendment (a) proposed to Lords amendment 231.—(Rachel Maclean.)
Question put, That the amendment be made.
Monday 23rd October 2023
(1 year, 1 month ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 175-I Marshalled list for Consideration of Commons Amendments and Reasons - (20 Oct 2023)
15:55 - Division on Motion B1 - Ayes: 183 / Noes: 198 - Motion B1 disagreed.
16:57 - Division on Motion F1 - Ayes: 185 / Noes: 218 - Motion F1 disagreed.
17:12 - Division on Motion J1 - Ayes: 208 / Noes: 199 - Motion J1 agreed.
18:52 - Division on Motion L1 - Ayes: 179 / Noes: 196 - Motion L1 disagreed.
19:03 - Division on Amendment M1 - Ayes: 189 / Noes: 186 - Amendment M1 agreed.
19:14 - Division on Motion N1 - Ayes: 185 / Noes: 186 - Motion N1 disagreed.
19:28 - Division on Motion R1 - Ayes: 176 / Noes: 191 - Motion R1 disagreed.
20:34 - Division on Motion ZE1 - Ayes: 158 / Noes: 176 - Motion ZE1 disagreed.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Earl Howe
That this House do not insist on its Amendment 1, to which the Commons have disagreed for their Reason 1A.
Earl Howe (Con)
My Lords, the Levelling up and Regeneration Bill establishes the foundations to address entrenched geographic disparities across the UK. Throughout the Bill’s passage we have listened carefully to the views of parliamentarians and stakeholders and introduced amendments in the other place across a range of issues to strengthen the Bill’s provisions further and address concerns that we have heard in both Houses. In this first group, I beg to move Motion A and will speak also to Motions B, B1, C, D, E, E1 and W.
Let me start with Motion A, which relates to levelling up and, first, the issue around the publication of the statement of levelling-up missions. We have committed within the Bill to publish the statement within one month of Part 1 of the Act coming into force, which will be two months after Royal Assent. We believe that this is an appropriate and prompt timescale—it gives sufficient time to collate materials and data across government departments and to ensure that the data is complete and comprehensive before the report is published and laid. The proposed timetable has been endorsed by the other place. We do not think that it makes sense to accelerate the process, as Amendment 1 would seek to do.
On Report, the House agreed to amendments that sought to introduce requirements for government to set levelling-up missions on child poverty and health disparities. In the Commons consideration we have removed those amendments because, important as those issues are, we do not want the Bill to be too rigid or prescriptive. Missions may need to evolve over time and, if the detail of missions appears in the legislation, the process to adjust them in future becomes unhelpfully complex and time-consuming.
However, we recognise that socioeconomic goals are an important part of missions. We have therefore tabled an amendment in lieu that requires the Government to consider both economic and social outcomes in deciding their levelling-up missions. This means that we retain that vital flexibility for future Governments to set missions according to the most important pressing issues of their day, while recognising that social outcomes such as child poverty and health inequalities are essential factors when deciding missions.
I note Motion B1 in the name of the noble Baroness, Lady Lister, which I am sure she will wish to speak to. The amendments in Motion B1 seek to ensure that the Government have regard to child poverty and health disparity when deciding their levelling-up missions. I hope that on reflection the noble Baroness will feel that the amendments are unnecessary in the light of the Government’s amendment in lieu. The Government will already undertake these considerations when they consider economic and social outcomes, as required by that amendment—I underline that because I can undertake to the noble Baroness today that the first statement of levelling-up missions will contain the missions from the levelling-up White Paper, including the mission to narrow the gap in healthy life expectancy by 2030 and increase healthy life expectancy by five years by 2035.
On Report, your Lordships also approved an amendment that introduced a requirement for government to include an assessment of geographical disparities as part of the statement of levelling-up missions, and defined metrics that this assessment must consider—Amendment 3 now replicates that proposal. The Government cannot support this amendment because the criteria for assessing geographical disparities will inevitably change as the data evolves. However, we have heard the strength of feeling in this House and, as Ministers set out in the other place, we have committed to publish an analysis of geographical disparities alongside the first statement of missions.
Amendment 6 again replicates a change to the Bill previously made in this House, introducing a requirement for the Government to publish a rural-proofing report concerning levelling-up missions. The Government agree that levelling up must work for all types of communities, including rural communities. To avoid anything which would duplicate the existing annual rural-proofing report, which reflects the Government’s consideration of rural challenges across policy-making, including levelling up, we have tabled amendments in lieu which will require the Government to have regard to the needs of rural communities in preparing the statement of levelling-up missions. This approach is consistent with the approach we have taken in other areas, including with respect to the devolved authorities.
Baroness Hayman of Ullock (Lab)
My Lords, I have some amendments in this group. Amendment 1 concerns the timetable for when the levelling-up Statement should be published. I put on record that we are very happy with the noble Earl’s response and accept the Government’s arguments about that.
I also have the amendment on levelling-up funding. We are pleased that the Government have said they will take a new approach to the third round of the levelling-up fund, and that they have listened to the arguments in this House in Committee and on Report. We welcome the fact that the amendment in lieu has been tabled by the Government so that the Minister has a duty to lay before each House the Statement about the third round of the levelling-up fund within three months of Royal Assent.
I also have Amendment 199 on high-street funding, banks and post offices. We will just have to agree to disagree on this matter; I do not intend to press it any further.
I was pleased to hear the response to the noble Lord, Lord Foster, on rural-proofing and that the Government have tabled the amendment on having regard to the needs of rural communities. Rural communities often feel left out and forgotten, and more needs to be done to take account of that during any levelling-up and regeneration process. It is important that geographical disparities are taken account of.
I will not say much about my noble friend Lady Lister’s amendment on child poverty and health inequalities because she has laid it out very clearly, as have other noble Lords who have spoken. As others have said, if you are genuinely going to sort out disparities and level up, you really have to take into account health inequalities—they are the basis of so much—and child poverty is impacted by that as well. So it is disappointing that the Government have not gone further on this and recognised the difference that they could make. If my noble friend wishes to divide the House, she will have our strong support.
Earl Howe (Con)
My Lords, I am grateful to noble Lords for their comments on the government Motions in this group and on the amendments that have been tabled. As regards Motion E1 in the name of the noble Baroness, Lady Hayman, about which she has just spoken, and which concerns round 3 of the levelling-up fund, there is little more that I can add to my earlier remarks. She may like to know, however, that policy development relating to round 3 remains ongoing and, for that reason, the Government cannot comment on the specifics of the statement at this time. Nevertheless, I assure the noble Baroness that we have published information on the GOV.UK website regarding allocations in round 1 and round 2 of the fund, and we would expect to do so again in this third round.
Turning to the issues raised by the noble Baroness, Lady Lister, and spoken to by other noble Lords, while I have spoken about our reasons for not accepting her amendment, I would not want the Government’s policy in both these important areas to go by default. I simply say to the noble Baroness that it is important to look not only at what the missions might be able to do—I have already described what our approach will be in that context—but, equally, at what the Government are doing on the ground.
It remains our firm belief that the best way to help families with children to improve their financial circumstances is through work. As I am sure she knows, because she is an expert in these areas and probably has the statistics in her head, we are supporting working people with the largest ever cash increase to the national living wage. We will spend around £276 billion through the welfare system in Great Britain in 2023-24, including £124 billion on people of working age with children. To help parents on universal credit who are moving into work or increasing their hours, the Government will provide additional support with upfront childcare costs. We will also increase universal credit maximum childcare costs. These issues are not ones the Government regard as trivial—quite the opposite; they are centre stage in the work the DWP and others are doing.
I repeat the undertaking I gave earlier to the noble Baroness. The first statement of levelling-up missions will contain the missions mentioned in the levelling up White Paper, including the mission to narrow the gap in healthy life expectancy and increase healthy life expectancy by five years. I hope she will regard that as evidence of the Government’s intent, even if we have to beg to differ on what ought to go on the face of the Bill.
Lord Butler of Brockwell (CB)
My Lords, before the noble Baroness, Lady Lister, comments, having heard the arguments I would just like to say that I am sympathetic to the Government not wanting to add these words. Nobody would deny for a moment that child poverty and health equality are important matters in levelling up. But if one puts particular words in the Bill, one implies that other things are less important. For that reason, it seems unhelpful, and one ought to take into account the full measure of inequality and not just pick out two particular factors.
Earl Howe
That this House do not insist on its Amendments 2 and 4 and do agree with the Commons in their Amendments 4A and 4B in lieu.
“(2A) In the course of preparing a statement of levelling-up missions, the Minister of the Crown must have regard to the importance of the levelling-up missions in the statement (taken as a whole) addressing both economic and social disparities in opportunities or outcomes.”
Earl Howe (Con)
My Lords, I have already spoke to Motions C and D. With the leave of the House, I beg to move them en bloc.
Motion D
“(2B) In the course of preparing a statement of levelling-up missions, the Minister of the Crown must have regard to the needs of rural areas.”
“Levelling-up Fund Round 3
(1) Before the end of the period of three months beginning with the day on which this Act is passed, a Minister of the Crown must lay before each House of Parliament a statement on Levelling-up Fund Round 3.
(2) A “statement on Levelling-up Fund Round 3” is a statement about the allocation of a third round of funding from the Levelling-up Fund.
(3) The “Levelling-up Fund” is the programme run by His Majesty’s Government which is known as the Levelling-up Fund and was announced on 25 November 2020.”
(a) section (Levelling-Up Fund Round 3) comes into force on the day on which this Act is passed, and
(b) the remaining provisions come”
Earl Howe (Con)
My Lords, I have already spoke to Motion E, and I beg to move.
Earl Howe (Con)
My Lords, we come now to a group on English devolution and local government. In moving Motion F, I shall speak also to Motions G, H, J, J1, ZE and ZE1. There are three Motions against the government Motions, which I shall address in detail, if necessary, in my closing remarks.
The first topic is combined county authorities, a new institutional model introduced by this Bill. Their core feature is that only upper-tier local authorities can be constituent members, which is crucial to ensuring that devolution and its benefits can be expanded to two-tier areas. At Report, your Lordships approved Amendment 13, which would allow non-constituent members of a combined county authority to become full members. The effect of that amendment would be to undermine this principle and reduce the effectiveness of devolution in those areas.
Amendment 13B, tabled by the noble Baroness, Lady Taylor of Stevenage, would have the same effect as Amendment 13 but would allow only non-constituent members that are local authorities to become full members. As with Amendment 13, this would undermine the principle of CCAs, that only upper-tier authorities can become full members, and the Government are therefore unable to support Motion F1.
Motions G and H address other concerns of the House about CCAs. The Government have heard the strength of feeling in both Houses about associate member voting rights and combined authority boundary changes, and we are content to accept these. Accordingly, the Government have tabled amendments in lieu—Amendments 14A to 14R and Amendments 18A and 18B, which we hope the House will support.
Motion J addresses the issue of virtual or hybrid meetings by local authorities. I must tell my noble friend Lady McIntosh of Pickering that the Government stand by their original opposition to this amendment. We have consistently expressed the view that councillors should be physically present to cast their votes and interact in person with citizens. It is important that they are present, active participants in local democracy. Our position on this matter has not changed. The other place rejected Amendment 22 for that reason, and I am afraid we cannot accept Amendment 22B, which my noble friend has tabled in lieu, for the same reason. On an associated issue, as my noble friend knows, there are no limits placed on authorities broadcasting their meetings online, and I would encourage them to do so to reach as wide an audience as possible.
Amendment 273 reflects a proposal put forward by the noble Lord, Lord Bach, at Report which would see Clause 62 commence nine months after Royal Assent, preventing the transfer of PCC functions to combined authority mayors at the May 2024 elections using this clause. The arguments advanced by the noble Lord in favour of this proposal rested on an important misunderstanding about the legislative effect of Clause 62.
First, I would like to reassure the House that PCC functions may transfer to a mayor only at the point of a mayoral election, maintaining the democratic accountability established by the PCC model. Secondly, on the issue of consent, which I know the noble Lord, Lord Bach, is concerned about, Clause 62 amends the statutory consent requirements for a mayor to request a transfer of PCC functions. It does not, however, lessen the importance of engagement between a mayor and local partners, including local authorities and the PCC, to inform a mayor’s decision whether to request a transfer of these functions. Where mayors request the transfer of PCC functions, government will make clear to those mayors the importance of that engagement with their partners. I hope that is useful clarification for the noble Lord. I beg to move.
Motion F1 (as an amendment to Motion F)
Lord Kerr of Kinlochard (CB)
I offer a very brief word in support of what the noble Baroness has just said on Motion ZE1. I know very little about the politics and governance practices of the West Midlands, but when I lived in America I was privileged to watch at close hand the governance practices of the Deep South and of Mayor Willie Brown’s San Francisco and Mayor Daley’s Chicago. As I listened in both the previous debate and this afternoon to the noble Lord, Lord Bach, explaining what looks to me like a rather unusual practice developing in the West Midlands, I was strongly reminded of the practices of state governments in the Deep South of the United States. I do not think that is a road we should go down, and I very much hope the House will once again support the noble Lord, Lord Bach.
Earl Howe (Con)
My Lords, I am once again grateful to noble Lords for their contributions to the debate on this group of Motions and amendments. As I indicated at the outset, the Government cannot support the three amendments to the government Motions in this group.
Motion F1, tabled by the noble Baroness, Lady Taylor of Stevenage, would have the same effect as the original amendment but apply only to local authorities. I urge the House not to go down this road. The basis of the CCA model is that only upper-tier and unitary authorities can be members, not least because they are the bodies in whom financial responsibility will be vested and who will contribute financially to the running of the CCA.
However, as I am sure the noble Baroness accepts, because we debated this at length at earlier stages of the Bill, we recognise the vital role that district councils play. In response to the noble Lord, Lord Shipley, and my noble friend Lord Lansley, and as Ministers said in the other place, we are sympathetic to the idea that district councils should have voting rights pertaining to them as non-constituent members. We have deliberately left scope for this to happen. However, we are clear that that should be a matter to be determined at the local level. District councils need not be shut out of the room, as the noble Baroness, Lady Taylor, suggested, nor do I expect them to be so. We expect the upper-tier local authorities that we agree devolution deals with to work with district councils to deliver the powers most effectively being provided. In discussions thus far, we are encouraging potential deal areas to consider how best to involve district councils, in recognition of the role they can play. My ministerial colleagues have been engaging personally with district councils and the District Councils’ Network on this issue.
My noble friend Lady McIntosh of Pickering has returned to the charge on virtual or hybrid meetings with her Motion J1. As I stated in my opening remarks, at the heart of the issue is the strength of the scrutiny exercised by local authorities and the importance of maintaining the integrity of local democratic principles. I need not remind the House that virtual and hybrid proceedings have significant limitations for scrutiny and interaction of members of any legislature. As such, we do not agree that councillors should be able to attend these meetings and cast their votes remotely. The Government are therefore unable to support the amendment in lieu. I respond to the noble Baroness, Lady Pinnock, who drew the comparison with committees of this House, by saying that the functions, roles and powers of committees of this House are wholly different from the functions, roles and powers of committees of local authorities.
Baroness Pinnock (LD)
I am sorry to interrupt the noble Earl, but I remind him that councils have scrutiny committees, which frequently do not vote, so there are similarities between the committees of this House and, for example, scrutiny committees of local authorities.
Earl Howe (Con)
The House will have heard the noble Baroness’s comments, but I draw the distinction between the roles of the two kinds of committee.
Incidentally, the amendment would open up the possibility of councils moving to an entirely remote model of council meetings—something that noble Lords perhaps should ask themselves whether they would favour. My noble friend will doubtless have noted that the Government’s majority in the other place when the amendment was put to the vote was very substantial.
Lord Hunt of Kings Heath (Lab)
My Lords, how far would the noble Earl take this principle in relation to public bodies? I am a member of the GMC. We meet half in person and half remotely. Many other national bodies, some in receipt of government funding and others independent like the GMC, operate in the same way. Would his department say that the principle he is enunciating should be extended throughout the public sector? If not, why not? I do not understand the logic of the Government’s position.
Earl Howe (Con)
My Lords, we have been over this issue almost ad infinitum in Committee. We are not in Committee anymore; we are at Lords consideration of Commons amendments. I hope the noble Lord would agree that we are past the stage of arguing the niceties in the way he invites me to do.
Finally, in his Motion ZE1, the noble Lord, Lord Bach, seeks to insist on his original amendment. I can only reiterate the points in my opening that PCC powers would transfer to an elected mayor only after that individual has become democratically accountable at a local level. The example he sought to cite as a fait accompli is nothing of the kind, for the simple reason that there needs to be an election before the Mayor of the West Midlands could hope to become a PCC. If the transfer is to happen in the West Midlands, the mayor could exercise the PCC functions only if elected to do so at the next election, so there is no compromise of the democratic mandate of the elected mayor to exercise the functions. The choice of who would exercise the PCC functions in the West Midlands would remain in the hands of the people of the West Midlands if the transfer were to happen.
Commencement at Royal Assent enables the Government to adhere as closely as they can to the Gould principle of electoral management, whereby any changes to elections should aim to be made with at least six months’ notice. As the noble Lord knows, the Government wish these provisions to have legal effect in time for the local elections in May next year. His amendment would frustrate that policy intention. I hope he will forgive my pointing it out, but doubtless he will have noticed that the Government’s majority on this issue in the other place was very substantial: 153. I hope that on reflection he will be content to accept the assurances I have given and will not move his amendment in lieu.
Baroness Taylor of Stevenage (Lab)
My Lords, the noble Lords, Lord Shipley and Lord Lansley, highlighted the confusion at the heart of the Government’s position relating to district councils on combined county authorities. The Minister’s contention is that there is local discretion to give districts a vote, while his statement was that only upper-tier authorities should be full members. I am not satisfied that the Government continuing to repeat this assertion that CCAs should be made up of upper-tier authorities only when their core business is not housing, planning or economic development but social care, children’s services and highways makes it right or advisable, and neither does it meet the key principles of democracy or devolution. Therefore, I wish to test the opinion of the House.
Earl Howe (Con)
My Lords, I have already spoken to Motion J. I beg to move.
Motion J1 (as an amendment to Motion J)
Baroness McIntosh of Pickering
Moved by
At end insert “, and do propose Amendment 22B in lieu—
Earl Howe
That this House do not insist on its Amendment 44 and do agree with the Commons in their Amendments 44A and 44B in lieu.
“(4) The only cases in which no consultation or participation need take place under subsection (3) are those where the Secretary of State thinks that none is appropriate because—
(a) a proposed modification of a national development management policy does not materially affect the policy or only corrects an obvious error or omission, or
(b) it is necessary, or expedient, for the Secretary of State to act urgently.”
Earl Howe (Con)
My Lords, in moving Motion L, with the leave of the House I will also speak to Motions M, M1, N, N1, P, P1, Q, R, R1, V, ZD, ZD1, ZF and ZH. It may be helpful to the House if I draw attention to the advice from the House of Commons authorities, which is that Motions N1 and R1 in this group would attract financial privilege.
I start with Amendment 44, which the Government invite the House to reject in our Motion L. The powers in the Bill relating to planning and the environment have, quite rightly, been of great interest to this House, and I am grateful for the productive discussions that have taken place inside and outside this Chamber. National development management policies are a key part of these reforms, and the amendment that we have brought forward makes clear our intention to consult other than in exceptional circumstances or where changes would have no material effect. That will give everyone, including parliamentarians, the opportunity to scrutinise the policies before they come into effect. I am very aware that consultation was an important issue for noble Lords at earlier stages of the Bill.
Baroness Hayman of Ullock (Lab)
My Lords, I shall be very brief. This has been quite a long debate, and we have a number of votes at the end of it.
First, on the amendment from the noble Baroness, Lady Thornhill, regarding NDMPs, we agree with her that the Government’s amendment is not sufficient to answer the concerns that were raised in Committee and on Report. If the noble Baroness wishes to divide the House, she will have our full support.
Secondly, on the amendment from the noble Lord, Lord Ravensdale, on planning and climate change, we consider this an extremely important issue, as other noble Lords have mentioned. If he wishes to divide the House, he will have our full support.
On the amendment from the noble Lord, Lord Crisp, on healthy homes, which he spoke to so eloquently—as did the noble Lord, Lord Young—we also believe that health needs to be at the centre of planning when making decisions about housing. If the noble Lord wishes to press this to a vote, he will have our full support.
We welcome the fact that there have been concessions on ancient woodland and offshore wind, and some concession for the noble Lord, Lord Best, on his amendment. We would have preferred to see mention of social housing, as well as affordable housing, in the Government’s Amendment 329A.
On the amendment from the noble Baroness, Lady McIntosh, on floods, it is very important and the Government need to get a grip on whether people can get insurance—ideally through Flood Re—because we cannot have insurance with excess that is so huge that it makes the insurance pointless. We have a debate tomorrow on Storm Babet; I am sure these issues will be raised again then.
Finally, on the amendment from the noble Baroness, Lady Pinnock, on planning fees, we believe that this is an important point that we need to continue to discuss. Therefore, if the noble Baroness wishes to test the opinion of the House, she will have our strong support.
Earl Howe (Con)
My Lords, once again I am grateful to noble Lords for their comments and questions.
Motion L1, in the name of the noble Baroness, Lady Thornhill, relates to national development management policies and the process by which they are made. We do not agree with the principle that the process for making national development management policies should be based on that for national policy statements. National development management policies will serve a broader purpose than national policy statements, which are used by Ministers to make planning decisions for major infrastructure projects, so it is right that their requirements should be suited to their purpose, not based on the provisions of a different regime.
That said, I cannot agree with the noble Baroness’s characterisation of Motion L. The parliamentary scrutiny proposals in Motion L go even further than the provisions for national policy statements. The NPS provisions refer to the House of Commons where these proposals refer to both Houses. The NPS provisions require the Secretary of State to respond to recommendations of a committee of either House before they can be made, while this Motion would require a vote in favour of the proposals if a committee of either House made recommendations about a draft policy. This Motion would limit the circumstances in which no consultation is necessary to those in the interests of public safety or national security. That would be too narrow for the exceptional circumstances in which we expect this provision to be used. Examples we have given—such as our changes during the pandemic offering protection to theatres that were temporarily vacant—would not have been able to be made with such a narrowly drafted provision. This is because, although the policy change was in response to the pandemic, it was not in the interests of public safety or national security itself. We do not think this part of the amendment is necessary, as NDMPs will be a programme of policies that we anticipate will be captured by the requirement to undertake statutory environmental assessment.
Motion N1 from the noble Lord, Lord Crisp, requires the Secretary of State to
“promote a comprehensive regulatory framework for planning and the built environment designed to secure the physical, mental and social health and well-being of the people of England by ensuring the creation of healthy homes and neighbourhoods”.
While the Government, as I have said on many occasions, support the principle raised by the noble Lord, I say again that these matters are already taken into consideration and addressed through existing systems and regimes. That includes through building safety, building regulations, the National Planning Policy Framework, the national design code and the national model design code. The creation of an additional regulatory framework would cut across these regimes. I know he said that was the whole point, but I contend that those regimes are already comprehensive, and the Government therefore cannot support his Motion.
Earl Howe
That this House do not insist on its Amendment 45, to which the Commons have disagreed for their Reason 45A.
Earl Howe (Con)
My Lords, I have already spoken to Motion M. I beg to move.
Motion M1 (as an amendment to Motion M)
Earl Howe (Con)
My Lords, I have already spoken to Motion N. I beg to move.
Motion N1 (as an amendment to Motion N)
Earl Howe (Con)
My Lords, I have already spoken to Motion P. I beg to move.
Motion P1 (as an amendment to Motion P)
“Development affecting ancient woodland
(1) Before the end of the period of three months beginning with the day on which this Act is passed, the Secretary of State must vary the Town and Country Planning (Consultation) (England) Direction 2021 (“the 2021 Direction”) so that it applies in relation to applications for planning permission for development affecting ancient woodland.
(2) In subsection (1) “ancient woodland” means an area in England which has been continuously wooded since at least the end of the year 1600 A.D.
(3) This section does not affect whether or how the Secretary of State may withdraw or vary the 2021 Direction after it has been varied as mentioned in subsection (1).”
Earl Howe (Con)
My Lords, I have already spoken to Motion R. I beg to move.
Motion R1 (as an amendment to Motion R)
(a) in the case of regulations made by the Secretary of State acting alone or jointly with a devolved authority, the current environmental improvement plan (within the meaning of Part 1 of the Environment Act 2021),
(b) in the case of regulations made by the Scottish Ministers acting alone, the current environmental policy strategy (within the meaning of section 47 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (asp 4)),
(c) in the case of regulations made by the Welsh Ministers acting alone, the current national natural resources policy (within the meaning of section 9 of the Environment (Wales) Act 2016), or
(d) in the case of regulations made by a Northern Ireland department acting alone, the current environmental improvement plan (within the meaning of Schedule 2 to the Environment Act 2021).”
(a) within Scottish devolved legislative competence, or
(b) which could be made by the Scottish Ministers, with the consent of the Scottish Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.”
(5) Regulations under this section may not amend or repeal—
(a) sections 9, 10 and 11,
(b) section 12(2), or
(c) section 21, of the Building Safety Act 2022.” LORDS AMENDMENT 237
Earl Howe (Con)
My Lords, with the leave of the House, in moving this Motion I will also speak to Motions ZC and ZC1. Together, these Motions address two matters relating to the building safety regime that we have established through the Building Safety Act 2022. I turn first to the power the Government have taken to transfer the building safety regulator out of the Health and Safety Executive in the future.
I recognise the concerns that many noble Lords expressed when they amended these proposals to add formal protections for the important statutory committees established through Sections 9 to 11 of the Building Safety Act. I must particularly thank the noble Lord, Lord Stunell, for his continued interest and constructive engagement with me and my officials. However, we have further considered his amendment and, unfortunately, our conclusion is that it would force us to lose these important committees should the building safety regulator be moved out of the Health and Safety Executive, by preventing the Government amending these sections to change the key references to the Health and Safety at Work etc. Act under which they have been established. We are therefore unable to accept the proposal and have made Amendment 231A, removing the relevant section from Amendment 231.
However, let me repeat the strong commitment that I gave on Report in this House: the Government have no intention to amend the make-up or role of these committees, and fully intend that they should be retained and their important work protected. On this basis, I hope that your Lordships will agree to Amendment 231A. I will respond to Motion X1, in the name of the noble Lord, Lord Stunell, in my closing speech.
Amendment 242, originally put forward by my noble friend Lord Young of Cookham, seeks to secure parity between qualifying and non-qualifying leaseholders under the Building Safety Act 2022, extending the protection to three properties for all types of leaseholder. It would also amend the Building Safety Act to exclude shares in a property of 50% or less from being counted as wholly owned.
The Government cannot accept Amendment 242, for a number of reasons. First, we do not believe that it would have the intended effect. It may in fact undermine the protections currently in place. The noble Earl, Lord Lytton, raised concerns with it on Report because of this. He pointed out that, under my noble friend’s amendment,
“post-remediation qualified status would disappear. If some further defect is found at a later date, the building owner would then impose the cost of sorting it out on all the leaseholders”.—[Official Report, 18/9/23; col. 1239.]
That is not, I am sure, what my noble friend intends. The noble Earl, Lord Lytton, also observed that the amendment does not deal with minority shared ownerships.
Secondly, I can only repeat what I said to my noble friend on Report. The range of issues the amendment attempts to deal with is so extraordinarily complex that it requires rather more time for our lawyers—and. Indeed, lawyers externally—to address fully. As will be clear from our Amendments 288A to 288D in lieu of Amendment 243, this is a complex area of law and, with the greatest respect to your Lordships, Amendment 242 does not deal comprehensively with the difficult and overlapping pieces of legislation in this space. As my noble friend Lady Scott and I have made clear in this House, the Government are looking at these issues carefully, but they are not straightforward and the potential for rushed change to have unintended consequences is high. I therefore ask your Lordships not to insist on Amendment 242.
As my honourable friend the Housing Minister explained in the other place last week, the Government accept the principle of Amendment 243, originally put forward by my noble friend Lord Young of Cookham. We have therefore proposed Amendments 288A to 288D in lieu of Amendments 243 and 288. This will ensure that the statutory protections for leaseholders continue where qualifying leases are extended, varied or replaced by an entirely new lease. This amendment will be retrospective, so it will apply to qualifying leases extended, varied or replaced since 14 February 2022. This means that those qualifying leaseholders who have, for example, extended their leases, or are in the middle of the process, will be covered by the protections. I hope that noble Lords will therefore not insist on Amendments 243 and 288 and instead accept Amendments 288A to 288D. I do of course note my noble friend Lord Young’s Motion ZC1, which I will respond to in my closing speech once he has spoken to it. I beg to move.
Baroness Taylor of Stevenage (Lab)
My Lords, first, I thank all noble Lords who have contributed to the building safety parts of this Bill, which have been complex, but it was all done in the interests of the leaseholders who are at the end of this process. The noble Lords, Lord Stunell and Lord Young, have outlined the reasons for their amendments. I hope that the Minister will carefully consider these outstanding matters. We are all mindful in your Lordships’ House that behind all the technicalities and complexities of the Building Safety Act and attempts to right its deficiencies in this Bill is a group of leaseholders, many of whom were or are first-time buyers, who have had the start of their home-owning journey blighted by the worry and concern of remediation and uncertainty over service charges. They have been let down by errors in the original Bill, which meant that the status of their leasehold determined what charges they would have to pay.
The Minister reassures us that further review of these matters will be undertaken. I hope that will be the case, and that further thought will be given by the Government, if there is to be no compensation to those who have already had significant costs, to how that might be dealt with in future.
Earl Howe (Con)
I am grateful to noble Lords for their comments on this group. I thank my noble friend Lord Young for his kind words on government Amendments 288A, 288B, 288C and 288D. He asked about his Motion in relation to leaseholders who have paid remediation costs since losing the protections. Like my noble friend, the Government are concerned about leaseholders who have paid a significant service charge where they have lost the protections upon extending their leases. Those who have paid out remediation costs while outside the protections may be able to bring a claim for unjust enrichment.
I should point out to your Lordships that we are not aware of this issue being raised with us by any affected leaseholders, so it may well be theoretical in nature—my noble friend may contradict me on that. That said, if we do come across any cases where remediation charges have been paid and are not returned, the Building Safety Act contains a power to make secondary legislation that we believe enables us to provide a bespoke remedy to this issue. If cases do come to light, we will consider carefully whether that is the right thing to do.
Lord Young of Cookham (Con)
I am very grateful for what my noble friend has just said. However, will leaseholders first have to go through the process of claiming unlawful enrichment before the Government introduce the provisions he has outlined—which I welcome—or will the Government use the provisions under subsection (11) of new Section 119A to give them the protection without first obliging them to go through a complex process of claiming unlawful enrichment?
Earl Howe (Con)
As I said, we will carefully consider what is the right thing to do. I have no briefing on whether it will be necessary for leaseholders to make a claim either directly or through the courts. We will make a decision as to what is right in all the prevailing circumstances. I am afraid I cannot go further than that.
I can assure my noble friend that we completely appreciate the point that he has raised, and the Government are looking into what we can do for leaseholders who have had to pay excessive service charges where they have lost the protections. For the reasons I have set out, including the potential for unintended consequences which I described in relation to Amendment 242, I ask my noble friend not to press his Motion on Amendment 288E.
On the other issues he raised, I cannot, as my noble friend will understand, pre-empt the forthcoming gracious Speech or what may be contained in it; it would be quite improper for me to do so. However, I can tell him that the issues he has drawn our attention to will be carefully considered in the department I am representing.
On Motion X1, in the name of the noble Lord, Lord Stunell, I recognise his continued concern and repeat my earlier assurances that the Government do not intend to interfere with these important committees. Section 12 of the Building Safety Act contains appropriate provision to change the statutory committees of the building safety regulator as needed in the future. This gives the Government and regulator the flexibility needed to adapt the role of the regulator and its statutory committees.
We do not agree that it is appropriate or necessary to impose restrictions on the use of that section. We are concerned that, as drafted, this restriction would cause confusion while potentially preventing the use of the powers in Section 12 of the Building Safety Act to make changes to the statutory committees of the regulator in the future.
The Government do not intend to use the power in any way imminently. We consider it necessary to create the ability to move the building safety regulator to an existing or a new body in the future, but we would look at any options very carefully and consider the recommendations from the Grenfell Tower inquiry before confirming the best way forward.
This does not affect the timeline for the building safety regulator’s important work. We expect the regime to be fully operational by April 2024, and we are determined to support delivery of the programme to that timetable. The changes will make sure that we are ready and have the flexibility in place to respond quickly to the Grenfell Tower inquiry report when it is published and that we can be radical and long-term in our thinking.
Earl Howe
That this House do agree with the Commons in their Amendments 237A and 237B.
“Powers of local authority in relation to the provision of childcare
In section 8 of the Childcare Act 2006 (powers of local authority in relation to the provision of childcare)—
(a) in subsection (1)(c) omit “subject to subsection (3),”;
(b) omit subsections (3) to (5).”
Earl Howe (Con)
My Lords, with the leave of the House, in moving Motion Z I will also speak to Motions ZA, ZB and ZB1. As in the earlier group, I draw the attention of the House to the advice from the House of Commons authorities that Motion ZB1 is financially privileged.
The Government listened to the arguments made about local authorities opening their own childcare provision, as reflected in Amendment 239, which was carried on Report. While we did not feel that there was a legislative gap, we have proposed Amendments 239A to 239C in lieu. Amendment 239A removes restrictions on the powers of local authorities to provide their own childcare, as intended by Amendment 239, but does so in a way that is legally sound. Amendments 239B and 239C relate to the extent and commencement of Amendment 239A. On this basis, I hope that your Lordships will agree to these amendments in lieu.
On Report your Lordships also approved Amendment 240, which would require that a Minister publish an assessment of the impact of the enforcement sections of the Vagrancy Act 1824 on levelling up and regeneration. Once again, we have listened to noble Lords’ desire to see something tangible about the Vagrancy Act in the Bill. Given our commitment to the repeal and replacement of this Act, and because identifying, gathering and analysing the information will take significant time, we have agreed to publishing a report but propose that a year should be provided for this, instead of 90 days. To that end, we have tabled Amendments 240A to 240C in lieu, which commit the Government to providing the report within a year. I hope, therefore, that your Lordships will be able to support these amendments.
I turn now to the final issue in this group, as reflected in Amendment 241, which was also carried on Report. This amendment would require the Government to maintain a register of school and hospital buildings in serious disrepair, and to update the register every three months. The safety of our school and hospital buildings is of paramount importance. That is why we invest significant capital funding into improving the estates each year and provide targeted support on issues such as RAAC. We regularly and routinely collect and make available extensive data on the condition of schools and hospitals.
The proposed amendment would drive a number of unintended—and I would say unwanted—consequences. Most concerning is the burden it would place on the school and hospital estates sector and departments, given the volume of relatively minor issues that would require reporting, analysing and following up in order to maintain such a register, ultimately drawing focus away from the most serious issues that require additional support to keep our schools and hospitals safe. The amendment would also carry inevitable financial implications for both the NHS and school systems to collect and maintain such a register, at a time when we all recognise the importance of maximising the front-line impact of resources going into public services.
The House will therefore wish to note that the reason given by the other place for rejecting Amendment 241 is because of the costs that it would impose on public funds through new data collection requirements. In the light of the Commons reason, I trust and hope that the noble Baroness, Lady Pinnock, will not wish to take the issue further and will instead be content to accept Amendment 241A. The noble Baroness, Lady Pinnock, has tabled an amendment in lieu that would require the Secretary of State to lay before Parliament a report on schools and hospitals in serious disrepair within 12 months, and every year thereafter. The Government already publish a wide range of information on the school and hospital estates as a matter of course. For example, on health, the annual Estates Returns Information Collection report contains detailed data on individual hospital condition and safety.
For schools, the department has already run two major condition data collections in recent years, made individual reports available to the sector, and published a summary of findings in 2021. In July, detailed data on all 22,000 schools within scope of the condition survey was deposited in the House Libraries and made available on the Parliament website. A third data collection is under way, covering all 22,000 schools and colleges in England. The Government have also published information about schools and hospitals with buildings confirmed as containing RAAC. The education department does not own or manage the estate, as I am sure she knows, so collecting and reporting additional information would have resource implications for both the department and the bodies responsible for school buildings, and take focus away from supporting schools with the most serious issues. Parliament is routinely updated on these issues already, and they are subject to frequent scrutiny and debate among colleagues. That will clearly continue to be the case, and the Government’s view is that the amendment is not required. I beg to move.
Baroness Hayman of Ullock (Lab)
My Lords, I will speak briefly to thank the Minister for his introduction regarding the two amendments that were moved by the Front Bench here. The first was in my name, relating to childcare. We thank him for listening to and recognising our concerns, and thank the Government for tabling an amendment that does exactly what we asked for; we very much appreciate that. My noble friend Lady Taylor of Stevenage had an amendment down on vagrancy, and again, we are very pleased that the Government have tabled an amendment in lieu on the Vagrancy Act. I will say only that this was promised two years ago, so in our opinion the sooner that action is taken on this, the better.
The noble Baroness, Lady Pinnock, has an amendment in lieu on RAAC. The Minister is aware, as are other noble Lords, of increasing concerns about the number of schools, hospitals and in fact other buildings that have been affected by this. It is important that there is proper information regarding the extent of the problem, and that schools and hospitals, and other organisations which have buildings that are affected have the support that they need, because this is extremely concerning.
Earl Howe (Con)
My Lords, it may be helpful to the noble Baroness to say that I agree with much of what she has just said. We need to think all the time about the quality of our school, college and hospital buildings. As the House will know, her amendment sprang from a concern about RAAC in particular. I know she understands how seriously we are taking that, and we have been engaging with the sector since 2018. Since last year we have taken a more direct approach with responsible bodies to identify and manage RAAC in the estate, and that exposes these issues to greater scrutiny. Every school and college affected is receiving support from the department. That causes some disruption but we are working with schools and responsible bodies to minimise that. I will take away the points she has rightly made about this issue which, I am sure she will know, is not going to go away in a hurry.
“Report on enforcement of the Vagrancy Act 1824
(1) The Secretary of State must prepare and publish a report on the impact of the enforcement of sections 3 and 4 of the Vagrancy Act 1824 on the levelling-up missions (within the meaning given by section 1(2)(a)).
(2) The report must be published within the period of 12 months beginning with the day on which this section comes into force.
(3) This section ceases to have effect on the day on which section 81 of the Police, Crime, Sentencing and Courts Act 2022 (repeal of the Vagrancy Act 1824 etc) comes into force.”
“Qualifying leases under the Building Safety Act 2022
(1) The Building Safety Act 2022 is amended in accordance with subsections (2) to (4).
(2) In section 119 (meaning of “qualifying lease”) after subsection (3) insert— “(3A) A connected replacement lease (see section 119A) is also a “qualifying lease”.”
(3) After section 119 insert—
“119A Meaning of “connected replacement lease”
(1) For the purposes of section 119 (and this section) a lease (the “new lease”) is a “connected replacement lease” if—
(a) the new lease is a lease of a single dwelling in a relevant building,
(b) the tenant under the new lease is liable to pay a service charge,
(c) the new lease was granted on or after 14 February 2022,
(d) the new lease replaces—
(i) one other lease, which is a qualifying lease (whether under section 119(2) or (3A)), or
(ii) two or more other leases, at least one of which is a qualifying lease (whether under section 119(2) or (3A)), and
(e) there is continuity in the property let.
(2) For the purposes of subsection (1)(d), the new lease replaces another lease if—
(a) the term of the new lease begins during the term of the other lease, and the new lease is granted in substitution of the other lease, or
(b) the term of the new lease begins at the end of the term of the other lease (regardless of when the lease is granted).
(3) For the purposes of subsection (2)(a), the circumstances in which the new lease is granted in substitution of another lease include circumstances where—
(a) the new lease is granted by way of a surrender and regrant of the other lease (including a deemed surrender and regrant, whether deemed under an enactment or otherwise);
(b) the new lease is granted under—
(i) section 24 of the Landlord and Tenant Act 1954 (renewed business leases),
(ii) section 14 of, or Schedule 1 to, the Leasehold Reform Act 1967 (extension of leases of houses), or
(iii) section 56 of the Leasehold Reform, Housing and Urban Development Act 1993 (extension of leases of flats), in a case where that provision of that Act applies by virtue of the other lease.
(4) For the purposes of subsection (1)(e) there is continuity in the property let if—
(a) the newly let property is exactly the same as the already let property,
(b) the newly let property consists of some or all of the already let property, together with other property (whether or not that other property was previously let) (a “property combination”), or
(c) the newly let property consists of some, but not all, of the already let property (but no other property) (a “property reduction”).
(5) But there is no continuity in the property let by virtue of a property reduction if, as respects any lease in the relevant chain of qualifying leases, there was continuity in the property let by virtue of a property combination.
(6) For that purpose, the “relevant” chain of qualifying leases is the chain of qualifying leases of which the new lease would be part were it a connected replacement lease.
(7) For the purposes of subsection (1)(e) there is also continuity in the property let if the new lease is granted to rectify any error in the lease, or any lease, which the new lease replaces.
(8) Where a dwelling is at any time on or after 14 February 2022 let under two or more leases to which subsection (1)(a) and (b) apply, any of the leases which is superior to any of the other leases is not a connected replacement lease.
(9) For the purposes of sections 122 to 125 and Schedule 8, all of the leases in a chain of qualifying leases are to be treated as a single qualifying lease which has a term that—
(a) began when the term of the initial qualifying lease in that chain began, and
(b) ends when the term of the current connected replacement lease in that chain ends.
(10) The Secretary of State may by regulations make provision about the meaning of “connected replacement lease” (including provision changing the meaning).
(11) The provision that may be made in regulations under this section includes—
(a) provision which amends this section;
(b) provision which has retrospective effect.
(12) Provision in regulations under this section made by virtue of section 168(2)(a) (consequential provision etc) may (in particular) amend this Act.
(13) In this section—
“already let property”, in relation to a new lease, means the property let by the lease or leases which the new lease replaces;
“chain of qualifying leases” means—
(a) an initial qualifying lease which is the preceding qualifying lease in relation to a connected replacement lease (the “first replacement lease”),
(b) the first replacement lease, and
(c) any other connected replacement lease if the preceding qualifying lease in relation to it is— (i) the first replacement lease, or
(ii) any other connected replacement lease which is in the chain of qualifying leases;
and a chain of qualifying leases may accordingly consist of different leases at different times (if further connected replacement leases are granted);
“current connected replacement lease”, in relation to a particular time, means a connected replacement lease during the term of which that time falls;
“initial qualifying lease” means a lease which is a qualifying lease under section 119(2);
“new lease” has the meaning given in subsection (1);
“newly let property” means the property let by the new lease;
“preceding qualifying lease”, in relation to the new lease, means—
(a) in a case within subsection (1)(d)(i), the lease which the new lease replaces;
(b) in a case within subsection (1)(d)(ii), a lease which—
(i) the new lease replaces, and
(ii) is a qualifying lease.
(14) The definitions in section 119(4) also apply for the purposes of this section.”
(4) In section 168(6)(a) (affirmative procedure for regulations), after “74,” insert “119A,”.
(5) The amendments made by this section are to be treated as having come into force on 28 June 2022.”
“(e) section 58 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
(ea) section 59 comes into force on the day on which this Act is passed;
(eb) sections 60 to 62 come into force at the end of the period of two months beginning with the day on which this Act is passed;”
“(6B) The local plan must take account of an assessment of the amount, and type, of housing that is needed in the local planning authority’s area, including the amount of affordable housing that is needed.”
Tuesday 24th October 2023
(1 year, 1 month ago)
Commons ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: Commons Consideration of Lords Message as at 24 October 2023 - (24 Oct 2023)
16:00 - The House divided: - Ayes: 292 / Noes: 177 - Question accordingly agreed to.
16:15 - The House divided: - Ayes: 292 / Noes: 176 - Question accordingly agreed to.
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)
I beg to move, That this House disagrees with Lords amendment 22B.
Mr Deputy Speaker
With this it will be convenient to consider the Government motion to insist on disagreement to Lords amendment 45, and Government amendment (a) in lieu.
Rachel Maclean
As we know from proceedings on this Bill in this place, the Levelling-up and Regeneration Bill is important to this country’s future. It will ensure that this Government and future Governments set clear, long-term objectives for addressing entrenched geographical disparities. It will devolve powers to all areas in England where there is demand for that, allowing local leaders to regenerate their towns and cities and restore pride in places. It further strengthens protections for the environment, so that better outcomes are at the heart of planning decisions.
In the course of the many debates on local authority remote meetings during this Bill’s passage, the Government have consistently expressed our strong view that councillors should be physically present to cast their votes and interact in person with citizens. Our position on this matter has not changed. Therefore, the Government cannot support Lords amendment 22B, which would enable any Government in future to go as far as allowing all local authorities to meet virtually at any and every opportunity.
Turning to climate change, I reiterate that the Government agree that the planning system must support our efforts in meeting our legal net-zero commitments by 2050 and tackling the risks of climate change. However, we have heard the strength of feeling in both Houses about making sure that national planning policy supports our efforts in tackling the risks of climate change. Therefore, the Government have now gone a step further in tabling an amendment that will require the drafting of policies that are to be designated as national development management policies to
“have regard to the need to mitigate, and adapt to, climate change”,
taking into account the range of climate scenarios and risk relevant to the policies being developed.
I will conclude my brief remarks by again expressing gratitude to my colleagues here and in the other place for their continued and dedicated engagement with this complicated and complex Bill during its parliamentary passage. I am sure that hon. and right hon. Members will agree that the Government have shown that we have listened carefully to the views of Members from all parts of the House as we seek to improve this nationally important piece of legislation.
Mr Deputy Speaker (Sir Roger Gale)
With the leave of the House, I call the Minister.
Rachel Maclean
I thank all right hon. and hon. Members for their contributions to the debate today and for their contributions throughout the passage of this important Bill. I will address briefly the points made by Members. First, let me turn to the comments made by my hon. Friend the Member for Waveney (Peter Aldous). He has spoken with his customary good sense and practical bent, as have others, including the hon. Member for North Shropshire (Helen Morgan), who speaks for the Liberal Democrats, and the hon. Member for Airdrie and Shotts (Ms Qaisar), who speaks for the Scottish National party, about the real problems faced by people who wish to take part in local democracy without being excluded because of where they live, because they do not have a car or because of other barriers. This is important, and the whole House recognises those barriers and supports that admirable objective. We need our politics to be as inclusive as possible.
However, I have also heard loud and clear the comments of my hon. Friend the Member for West Bromwich West (Shaun Bailey), who alerted us to the problems that could exist if we were to accept Lords amendment 22B. It is right that we consider all the possible consequences, and it is the Government’s view that the amendment goes too far and is too expansive. It would allow any future Government to allow any local authority to meet virtually at every opportunity, which is not something the Government can accept. It is a long-standing principle that local democracy should take place face to face.
I agree with some of the shadow Minister’s comments, and we are looking very carefully at how we encourage more engagement from the community, particularly on planning applications. We can do a lot of that through technology and wider reforms to our system, and it is right that we continue that work.
Bob Stewart (Beckenham) (Con)
What is the Government’s view on how effective such arrangements might be? Is remote working more effective or less effective? Do the Government have a view on that?
Rachel Maclean
I thank my right hon. and gallant Friend for that point. He will know that, with this Bill, we are pushing power down to local people, local areas and local councillors, who are elected to represent their communities. As I said, the Government have a very clear view that local democracy should take place face to face. Through our levelling-up work, we are in the midst of a once-in-a-generation devolution of power to allow local areas, such as the one he represents, to make the best decisions for their local communities, notwithstanding this particular point, on which the Government have strong views.
The vital issue of climate change was raised by my hon. Friend the Member for Waveney and my right hon. Friend the Member for Chipping Barnet (Theresa Villiers). It is important to stress that the planning system already has considerable systems for taking account of climate change and further work is under way, as my hon. Friend knows. He specifically asked about how to bridge the gap in planning policy. I make it clear that, as part of our proposed changes to the planning system and as we committed to in the net zero strategy, we were the first Government to legislate for net zero. We stand by those commitments both in the planning system and elsewhere, and we intend to do a fuller review of the national planning policy framework to ensure it contributes to climate change mitigation and adaptation as fully as possible, following Royal Assent of the Levelling-up and Regeneration Bill.
Last but by no means least, I turn to my right hon. Friend the Member for Chipping Barnet. She reiterated what is a vital issue: the Government’s commitment to publishing the response to the NPPF consultation after this Bill, with Godspeed, receives Royal Assent. We remain committed to doing that, and I reiterate that it remains the Government’s policy to ensure that we identify and build on urban brownfield areas such as the ones she mentioned in Docklands, Beckton, Silvertown and elsewhere. We need to see housing delivered there. We have seen 30-year record highs in housing delivery under this Conservative Government, and we intend to continue delivering the right houses in the right places, supported by local communities. I want to take this brief opportunity to put on record, as my right hon. Friend the Member for Chipping Barnet did, my thanks to councillors who represent my communities in Redditch, Wychavon and Worcestershire, and to all the frontline services involved in the responses to the floods—to the emergency services, the Environment Agency and others. We all wish everybody to be back in their home soon.
I hope that all Members, having seen that the Government have listened and responded to their concerns, will feel able to support our position. Our amendments are effective and proportionate, and I hope that they are agreeable to all. I commend them to the House.
Question put, That this House disagrees with Lords amendment 22B.
Wednesday 25th October 2023
(1 year, 1 month ago)
Lords ChamberLevelling-up and Regeneration Act 2023 Read Hansard Text Watch Debate Amendment Paper: HL Bill 177-I Marshalled list for Consideration of a Commons Reason and Amendment - (25 Oct 2023)
This text is a record of ministerial contributions to a debate held as part of the Levelling-up and Regeneration Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Earl Howe (Con)
My Lords, with the leave of the House, in moving Motion A I shall also speak to Motion B. Your Lordships will remember that, during our consideration of Commons amendments on Monday this week, two amendments were carried by the House for further consideration by the other place. The first, tabled by my noble friend Lady McIntosh of Pickering, was on virtual attendance at local authority meetings, and the second, moved by the noble Lord, Lord Ravensdale, related to consideration of climate change within the planning system. I will take each of these in turn.
Amendment 22B, tabled by my noble friend, has been decisively rejected by the other place. I well appreciate that this issue has elicited a range of differing views among your Lordships. However, I have to tell my noble friend, whom I greatly respect, that the Government’s position on the matter has not changed. Throughout the passage of the Bill, the Government have not wavered from their clear, strong and principled view that preserving in-person debate is important for maintaining the integrity of local democracy. My noble friend’s amendment is quite clearly at odds with that position, as it provides the power to any future Government to potentially make regulations that go so far as allowing all local authorities to always meet remotely, without any limitations.
Local authorities need councillors to be physically present, to actively take part in democratic decision-making affecting the citizens they represent, and to interact with their fellow councillors at every opportunity to develop a sound understanding of local needs and priorities. That understanding is clearly vital for ensuring the strong local leadership that councils depend on to deliver for the electorate. Perhaps most importantly, councillors need to be physically present to interact with citizens in a way that builds meaningful relationships with their community and ensures that they are, in the fullest sense, accountable to their electorate.
The Government stand by their opposition to this amendment. The other place has agreed with that position. Therefore, again with great respect to my noble friend, I suggest that we have reached a point where it is right for us to draw a line under this issue. I hope that, on reflection, my noble friend will agree.
I now turn to the other outstanding issue, which is the way in which climate change is considered within the planning system. The Government continue to be committed to ensuring that the planning system supports our efforts in meeting our legal net-zero commitments by 2050 and tackling the risks of climate change. As I said earlier this week, we believe that there are already strong provisions within the Bill and other legislation that set the framework for this to happen. We have also committed to developing national policy in a way that is consistent with this.
But we have heard the strength of feeling that this commitment should be further enshrined in law. Therefore, the Government have gone a step further in tabling an amendment to require that, in preparing any national development management policies:
“The Secretary of State must have regard to the need to mitigate, and adapt to, climate change”.
As I have already made clear, we are fully supportive of the intentions of the amendment from the noble Lord, Lord Ravensdale, but we remain concerned that the amendment, as drafted, would give rise to significant challenge to how local councils fulfil their obligations to consider climate change within their planning functions. Notably, the combined effect of local authorities having to prove that their plans and decisions have “special regard” to climate change, while also proving that they are consistent with strategic national targets on carbon reduction, will at the very least create significant debate and deliberation on how to demonstrate this, but will very likely also give rise to litigation over the justifications presented.
The additional legislative provisions we have bought forward put climate change considerations at the centre of the development of new national development management policies, and in turn enable those considerations to influence all local planning decisions. I believe that this new provision takes us a lot closer to the position the noble Lord sought to arrive at with his amendment. I hope that both he and the House will be content to approve it. I beg to move.
Baroness McIntosh of Pickering (Con)
My Lords, I thank my noble friend for coming to the Dispatch Box in his charming and inimitable way to consider my humble little amendment once again. It is almost 20 years to the day since I joined a shadow team of which he was an eminent member; I hope that our co-operation will continue long into the future.
I think that any primary school pupil who has been watching our proceedings will be confused by our exhausting not just every letter of the alphabet except the letter O but additional letters of the alphabet. I am inclined to agree to disagree with the House of Commons’s disagreement with Amendment 22B, and will rehearse a couple of reasons why. The revised Amendment 22B was very modest in its remit. I accept my noble friend’s premise that local councils should primarily meet physically, but we went on to state that limited circumstances specified in regulations passed by the Government would permit a normally wholly physical meeting to be attended virtually. I am a little baffled and bewildered by the Government’s unwillingness to move a little more along these lines.
Baroness Hayman of Ullock (Lab)
My Lords, as the noble Baroness, Lady Pinnock, said, significant changes have been made to improve the Bill while we have worked on it over the past 10 months—although I have to say that it is beginning to feel like a lifetime.
However, we are mainly looking at the two amendments in front of us—first, on whether local authorities should be allowed to meet virtually with hybrid technology. I commend the noble Baroness, Lady McIntosh of Pickering, on her assiduous work in pressing this issue and continuing to bring it to the attention of your Lordships’ House. We find the Government’s response deeply disappointing. In many ways, I would like better to understand why they have dug their heels in on this issue, because I genuinely do not understand why there could not be a little flexibility. Local councillors can see that, in your Lordships’ House, we are able to take advantage of hybrid technology, so why is this refused to councillors? It could have been put in legislation with fairly strict reasons for its use, so that is disappointing. I genuinely do not understand why no progress whatever was made on this.
Moving on to progress, we welcome the amendment in lieu of the amendment of the noble Lord, Lord Ravensdale, on climate change and planning. I congratulate him on his work on this and on getting the Government to recognise that this is an important issue that needed an amendment to the Bill. We endorse the noble Lord’s proposals on how we can continue to take this forward.
As the noble Baroness, Lady Pinnock, said, it is disappointing that, in a levelling-up Bill, neither child poverty nor health inequalities were included, because they are central to levelling up. On that, it is disappointing that the Prime Minister has chosen to remove the cap on bankers’ bonuses.
I thank everyone who took part and the noble Earl for his generosity in meeting to discuss these issues. We may be saying goodbye to the levelling-up Bill, but there is still much to do if we are to achieve levelling up in this country.
Earl Howe (Con)
My Lords, I am grateful to my noble friend, the noble Earl, Lord Lytton, and the noble Baronesses, Lady Pinnock and Lady Hayman of Ullock, for their respective remarks.
As I said earlier, I appreciate that my noble friend and other noble Lords beg to differ from the Government’s position on remote meetings of local authorities. However, the Government’s position rests on an issue of principle that has served local government well for over 50 years. The Local Government Act 1972 is clear that “attending” a council meeting means attending physically in order to be “present” at such a meeting. I appreciate that the Covid regulations saw us through some difficult and exceptional circumstances, but the democratic principle of face-to-face attendance of meetings at all tiers of government is important. There is a long tradition of local authorities meeting in person and, since the expiration of the temporary arrangements put in place during the Covid-19 pandemic, they have continued to do so without issue. Having said that, I am grateful to my noble friend for giving us fair warning that she expects to bring us back to these issues at a suitable point in the future.
I am grateful to the noble Lord, Lord Ravensdale, for welcoming the government amendment. I suggest to noble Lords that we should not underplay the effect of the Government’s amendment in lieu, which will mean that all national development management policies will give consideration to their impacts on climate change mitigation and adaptation while they are being developed and designated. I will take back for consideration the noble Lord’s suggestion about including targets in the Explanatory Notes.
Finally, in response to my noble friend the Duke of Montrose, I can tell the House that the Scottish Parliament granted legislative consent for relevant parts of the Levelling-up and Regeneration Bill yesterday, following the agreement with the Scottish Government that was mentioned in the House previously.
“(2A) The Secretary of State must have regard to the need to mitigate, and adapt to, climate change—
(a) in preparing a policy which is to be designated as a national development management policy, or
(b) in modifying a national development management policy.”