18:02 - Division on Amendment 18 - Ayes: 176 / Noes: 201 - Amendment 18 disagreed.
18:38 - Division on Amendment 22 - Ayes: 147 / Noes: 184 - Amendment 22 disagreed.
Lord Deben
My Lords, there is an issue here. I do not actually like the way proposed by the noble Lord, Lord Best, because it seems too prescriptive as to how it might be done. I am entirely in favour of this clause. It is very important, in the present circumstances, to find a way of not insisting upon the kinds of costs which were possible at a time in which prices were utterly different. I therefore like the clause but I am concerned that it does not include the possibility of local authorities saying “Yes, okay, the inspector has said that we can reduce the number by this level but the deal is that you get started—and these are the terms of getting started that we want”. In other words, I am not sure that I want to have statutory, public, universal terms because it would seem much better to have it dealt with at local level, and to lay down there which definition of commencement was necessary in this circumstance by this particular local authority.
I am not sure that I like the answer which the noble Lord, Lord Best, has brought forward but my noble and learned friend has pointed to the fact that we need some sort of answer. If we do not have one, people will be getting a deal and then not doing what we are trying to bring this forward to achieve. I do not know whether my noble friend would be right to accept this amendment, but it would be helpful to us if she were prepared, at least, to look again at having some kind of mechanism so that this was not misused, instead of being the very valuable thing which it could so easily be.
Earl Attlee
My Lords, we need to be a little careful about Report stage rules.
Lord McKenzie of Luton
My Lords, we support Amendment 31; indeed, I have added my name to it. Compelling early undertaking is absolutely right when people have had the benefit of a change of Section 106 obligations. Having heard the noble Lord’s reformulation of Amendment 30, we support that as well, since it deals with the point that the Minister raised in Committee.
I understand entirely the thrust of Amendment 35 and what the noble Lord is seeking to achieve by it. I have a slight hesitation about the detail. I am sure it would be a lawyers’ paradise to try to determine whether 50% of the foundations have been laid or whether 50% of a road has been laid, for obvious reasons. Would it be cost, width, depth or whatever? However, that should not preclude an attempt to get something more effective than what is there at the moment, so perhaps that is a task to be done between now and Third Reading.