Tuesday 31st January 2017
(7 years, 2 months ago)
Grand CommitteeNeighbourhood Planning Act 2017 View all Neighbourhood Planning Act 2017 Debates Read Hansard Text Amendment Paper: HL Bill 86-II Second marshalled list for Grand Committee (PDF, 137KB) - (31 Jan 2017)
The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)
My Lords, first I thank the noble Lord, Lord Kennedy, for that build-up about the detail in the response. I am sitting here horrified because it is not incredibly detailed.
I have known my noble friend Lady Cumberlege since I came into the House. I thank her for how she has handled this and for her willingness to have positive engagement. This is the way forward. My noble friend has understandably tabled many amendments on this issue. I can reassure her that we are very keen to look at it, particularly in terms of dialogue with officials and those in the know before the neighbourhood plan is put together, because some of the problems that may arise relate to this.
Secondly, notwithstanding what my noble friend has said in relation to the incident about which she has spoken, my legal advice is to the contrary. I cannot speak about the specific case. I hope she will understand that I must be guided by this advice. All of us here support neighbourhood planning but, inevitably, in any new system there will be growing pains. To a degree, this has been the case in some of the circumstances arising in this area.
Amendment 1 raises a matter that noble Lords and those in the other place have spoken about at Second Reading and again today. I must stress that the law is very clear that decisions on planning applications must be made in accordance with the development plan, unless material considerations indicate otherwise. Of course, the neighbourhood plan is part of that development plan. Furthermore, measures in this Bill will bring forward the stage at which a neighbourhood plan has full legal effect. This is important to note.
The noble Baroness, Lady Andrews, raised the number of appeals. Out of 16,500 appeals, the number recovered by the Secretary of State was extremely small—just 75 in this context. I can reassure noble Lords that, where the Secretary of State has a more direct role in a small number of decisions—for example, through the appeals system and the call-in process—he or she uses these powers very sparingly—usually, where planning issues of more than local importance are involved. The Secretary of State’s policies for both types of intervention are available on my department’s website. During the course of this Committee, I will pick up on some of the points covered and write to noble Lords. For example, I will ensure that details of this part are on the website for noble Lords to look at.
The current policies for intervention strike the right balance between the national interest and local autonomy. On who can plan for housing in an area and how, the Government are clear. It is for local planning authorities, with their communities, to identify and plan for how to meet the housing needs of their area. Communities can choose to use a neighbourhood plan to address housing needs in their area. Where they do so, their local planning authority should share relevant evidence on housing need gathered to support its own plan making. If, over time, circumstances change and more housing is needed, again, communities may decide to update their neighbourhood plan or part of it. Just as in the initial drawing up of the neighbourhood plan, in the case of modification money is available from the fund set up for the purpose.
Our planning guidance is clear that, if a local planning authority also intends to allocate sites in the neighbourhood area, it should avoid duplicating planning processes that will apply to the neighbourhood area. The authority should work constructively with a neighbourhood planning group to enable a neighbourhood plan to make timely progress.
As well as the noble Lord, Lord Kennedy, other noble Lords have contributed and stressed the importance of neighbourhood plans. I thank the noble Lords, Lord Greaves and Lord Stunell, and the noble Baroness, Lady Andrews. I am grateful to the noble Lord, Lord Shipley, for his very constructive suggestion about engagement with officials and others to try to move this forward.
I understand why the noble Lord, Lord Kennedy, inevitably picked on the fees issue. This will be more than touched on in the White Paper, which we expect very shortly. I can confirm that we shall see the White Paper before Report and there will be an all-Peers briefing on it.
The Government’s rigorous new burdens doctrine, which I failed to address earlier in response to a question from the noble Lord, Lord Beecham, ensures that local planning authorities will receive the relevant resources to meet their statutory obligations towards neighbourhood planning. Inevitably there will be differences of opinion between local authorities and central government about how much that funding should be, but also, inevitably and rightly, there will be a dialogue about it. As I say, however, the broader issue of funding will be addressed in the White Paper.
As to Amendment 1, perhaps I may once again reassure my noble friend Lady Cumberlege that we are approaching this in the spirit of wanting to ensure that neighbourhood forums, parish councils and local people are fully engaged in the process. We want to see that happen, but whether it is done in the Bill or, as is more likely, in planning guidance, is something we can talk about. In the meantime, I respectfully ask my noble friend to withdraw her amendment.
Lord Kennedy of Southwark
Can the Minister say a little more about why the Government will not accept this proposed new clause? It is a very good amendment and, while the noble Lord has talked about setting something out in guidance, he has not said why he is against it. It would be useful if we could understand a little more of the Government’s thinking and why they will not just accept the amendment.
Lord Bourne of Aberystwyth
With respect I think I have explained that the present process provides the right balance of what is needed in planning procedures. However, I accept that occasionally a neighbourhood plan may have been developed that does not achieve what its framers wanted for it. Given that, it is important that there is a power at the centre, to be used only sparingly, in relation to appeals and the call-in process. As I have indicated, the number is 75 out of 16,500, so it is not as if this is a major issue. It is therefore important that someone in the position of the Secretary of State will consider these matters, usually where the planning issues involved are of more than local importance. In practice, the vast majority of cases would be covered by that and we believe that the present process for this is correct, although overall we appreciate that there needs to be some discussion about the compiling of the neighbourhood plan, the provision of proper advice and so on.
Lord Kennedy of Southwark
Just to be clear, nothing that the noble Lord has said in his response means that he would not be able to accept the amendment.
Lord Bourne of Aberystwyth
With respect, I am not entirely surprised. The noble Lord wants this amendment and the Government do not. I hope we can disagree agreeably but this is not an amendment we can accept. As I have indicated, while it pays proper regard to neighbourhood planning, which is at the centre of the system, in the circumstances that I have set out across a range of amendments that have been tabled on this topic, we will look at how we can ensure that proper advice is given in the compiling of a neighbourhood plan, which I think will answer most of the points being raised.
Lord Kennedy of Southwark
I do not like to disagree with the noble Lord because I have great respect for him and the work he does. However, I am trying to understand what the problem is here, although we may well come back to it later. That is the aim of these questions because in many ways we are all in agreement.
Lord Bourne of Aberystwyth
With respect to the noble Lord, I am not sure we are. The noble Lord has been around the planning block a few times and he will know that occasionally planning decisions have national significance. Not least for that reason, we need to retain the power of the Secretary of State to recover appeals in limited circumstances.
Lord Beecham (Lab)
Perhaps I may raise a slightly different point. The noble Lord has given a sympathetic response to the question of resources, but looking at subsection (3) of the proposed new clause set out in Amendment 1, there is an issue which I do not think he has addressed in his reply. It relates to the case where,
“it is deemed necessary to override a neighbourhood plan”.
The amendment then calls for specific action. It says that,
“the Secretary of State must … have regard to the policies of the neighbourhood development plan”,
and,
“policies on employment opportunities … and … inform the local community of the number of houses and types of housing required”.
That is not an onerous request. It may be that the noble Baroness would be satisfied with an assurance that that would be the Government’s policy rather than necessarily writing it into legislation, but, with respect, the Minister should deal with those points. He may consider that a letter would do. One way or another, it is rather a different point from some of those that have already been aired. The Government could be clear about it at a pretty early stage.
Baroness Andrews
This point is very similar to the one my noble friend just made. It is very welcome that the Minister is prepared to talk along the lines suggested by the noble Lord, Lord Shipley. It is worth a conversation. The amendment strikes a balance between elevating the principle of local neighbourhood planning and reinforcing it; it does not take away the powers of the Secretary of State to intervene except in exceptional circumstances. I raised that point. There are other ways of reinforcing the importance and integrity of neighbourhood planning. Since the consultation on the National Planning Policy Framework is still in play, will it be possible to reinforce the importance of the plan and the nature of exceptional circumstances in the National Planning Policy Framework while it is being reconsidered?
Lord Bourne of Aberystwyth
My Lords, in response to the points made to the noble Lord, Lord Beecham, and the noble Baroness, Lady Andrews, it is right that the National Planning Policy Framework is still in play. I certainly do not rule out looking at issues such as this. I am addressing the amendment and saying that we certainly cannot accept it as it stands. I think I have made that point clear. I am very happy to look at the centrality of the neighbourhood development plan to see what we can do to consolidate it. It is indeed central to the process, but I will not concede the importance of a role for the Secretary of State in exceptional circumstances. I am very happy to take away the points made and look at them in the context of the general issue raised by the amendment.
Lord Kennedy of Southwark
I am very happy that the Secretary of State retains an overarching position. That is absolutely right and I have no problem with it at all. However, the noble Baroness, Lady Cumberlege, included that in the first part of her amendment. It is absolutely clear. It says:
“The Secretary of State has a duty to uphold neighbourhood development plans … except in exceptional circumstances of national importance”.
I am surprised and find it odd that the noble Lord does not think that gives the department and the Secretary of State what they need. It is very clear.
Lord Bourne of Aberystwyth
My Lords, we have to be careful that we do not lose sight of the importance of the need for fresh housing. It is very easy for noble Lords to accept the general point about the need for more housing and then, when an issue comes up, say, “Not here; not there”. We would suddenly whittle it away and there would be nothing left. It is important that the Secretary of State retains a power relating to housing development because of the need to create more housing. I suspect we may disagree on the centrality of that, but I will have a look at this in the context of ensuring that the neighbourhood plan has particular significance.
Lord Greaves
My Lords, this is the important, high-level stuff. I raise what might be called the low-level stuff about the nature of the relationship between the local planning authority and its staff, its members and the neighbourhood planners. Does the Minister agree with my assessment that in some places it works very well and in others there is quite a lot of tension, difficulties and resistance on the part of the local planning authority? Would he comment on what might be done, without being too heavy-handed, to get local planning authorities to change their attitude where necessary?
While I am on my feet, the amendment refers to resources. As I understand it, the resources that the Government make available to a neighbourhood planning group, and whether it is a parish or forum, as the Minister referred to, is the same whatever the size of the neighbourhood. The neighbourhood may be quite a small village or a town such as Colne, which I know, which is embarking on neighbourhood planning. It has about 18,000 people and is quite a big town. People in small places are saying that the available grant does not pay for the process, so funds have to be found locally by a parish council or in other ways. Clearly, if my information is correct, the grant available in bigger places will not begin to cover this process, given that everything that the Government set out must be done for a neighbourhood plan costs money, as consultants may have to be brought in and so on. Will the Government look at that to make neighbourhood planning more financially viable than it is at present?
Lord Bourne of Aberystwyth
Some of these points go well beyond this amendment. Nevertheless, I accept that they are important. The noble Lord gave examples of how this process works at the coalface. I suspect that he is much closer to the coalface than I am in that regard. We need to be a little careful about setting up a system that stresses the importance of localism and these things being done locally, and then have central government stepping in and saying, “Do it this way”. As I say, there are growing pains. We may indicate in guidance how better relationships can be achieved. That is what I seek to do through the dialogue I am offering.
On the neighbourhood groups that may benefit from money for the neighbourhood plan and for modifications, I think there is money available if a case is made for an extra sum. If I am wrong on that, I will write to noble Lords. However, if a case can be made, I think there is access to additional funding. As I have indicated, the White Paper will say more about funding and the financial side more generally.
Baroness Cumberlege
My Lords, I thank Members of the Committee for their support for the amendment, which was gratefully received. I say to the noble Lord, Lord Shipley, who led the response to the amendment, that we are so lucky in this forum to have people with real knowledge of planning, local government and other matters. The noble Lord, Lord Shipley, took forward the then Localism Bill, and therefore knows it in detail, which is very good.
Lord Bourne of Aberystwyth
My Lords, in speaking to this group, I will focus on important government Amendments 6 and 131, as well as discussing government Amendments 2, 3 and 4. There are some other amendments in the group which I will obviously respond to after those who tabled them make their contributions.
Amendments 6 and 131 put beyond doubt that neighbourhood planning groups which are well on their way to completing a neighbourhood plan will be aware of future planning applications in their area. These amendments also reaffirm the Government’s commitment to ensure that neighbourhood plans are given proper consideration when planning applications are decided.
Lord Kennedy of Southwark
My Lords, as we have heard, government Amendments 2, 3 and 4 are additions to Clause 1. The Minister said that they were in response to points raised in the other place and elsewhere. They may be technical but they are certainly not minor. They are actually bigger than the clause they seek to amend.
Government Amendment 6 deals with the procedures for notifying parish councils and neighbourhood planning forums of a planning application or permission in principle if there is a neighbourhood development plan that falls within part or all of an authority’s area. That is very important. The noble Lord, Lord Greaves, raised an important point regarding the rights of parish councils. He is absolutely right that they have these rights anyway. It will be interesting to see what difference the amendment makes, or whether it is just tidying up to bring in the neighbourhood forums. My noble friend Lord Beecham just raised the whole issue of neighbourhood forums and the obligations they may or may not have to notify local residents. I look forward to the Minister’s response to those points.
Amendment 8, in the name of the noble Baroness, Lady Cumberlege, seeks—I think, importantly—to require a clear definition of modification as it will apply to the Act. We all know, certainly in respect of planning, that being very clear about what you are doing is very important. There is a whole clause—Clause 3—which refers to the modification of a neighbourhood development order or plan. It is very important that we get this absolutely right. The Minister may tell us that the amendment is totally unnecessary. I hope that if he does do that, he will set out clearly for the record what is in the mind of the Government when they are talking about modification, or maybe that is something that will come in guidance. I look forward to the Minister’s response. The noble Lord, Lord Shipley, raised a similar point. As I said, this needs sorting.
Amendment 8A, again in the name of the noble Baroness, Lady Cumberlege, seeks to give greater authority back to local and parish councils, which is very welcome. I support Amendment 64, in the name of the noble Baroness, Lady Parminter. As we have heard, it sets out the responsibilities of the planning authority in relation to the things it must do.
I should be clear: I certainly want to build more houses. I am looking forward to the White Paper and hope that we will get some more council houses as well. But what we must do, when building more houses, is ensure that they are of good quality, they are well designed, they deliver sustainability, they are carbon-neutral, and they are homes for modern living, rather than badly designed homes on the cheap, which, as we know, we have suffered before up and down the country. We must never go back to that. I look forward to the Minister’s response. I might have one or two questions for him when he responds.
Lord Bourne of Aberystwyth
My Lords, first, I will deal—in no particular order—with some of the points that were raised in relation to the government amendments. In relation to a point raised by the noble Lord, Lord Greaves, about Amendment 6, previously it has been open to neighbourhood forums and neighbourhood groups to ask for notification of planning applications. Amendment 6 makes it automatic. That is the difference: it will happen automatically; there is no need to ask. The concern has been that previously some things may have slipped through the net so that is the reason for that.
Lord Greaves
In relation to parishes, as opposed to forums, this is just a lot more words but it is no different from the present system.
Lord Bourne of Aberystwyth
It will be automatic notification. That is the key point.
Lord Kennedy of Southwark
I think the point that the noble Lord, Lord Greaves, made was that it is already automatic for parish councils.
Lord Bourne of Aberystwyth
Yes, but not for neighbourhood forums, I think. It does not make any difference to parish councils but for neighbourhood forums it becomes automatic.
In relation to a point made by the noble Lord, Lord Shipley, about modification and the impact of that, as set out in Clause 3(2), it is not a particularly strange sort of provision to say,
“does not materially affect any planning permission granted by the order”.
The important point is that this will mean that anything other than something minor will materially affect planning permission. I am happy to put that on the record if that is helpful but that is the important point there. Obviously that would be justiciable. If it is immaterial, it would not fall within that subsection.
On the matter raised by the noble Lord, Lord Beecham, the requirement for a neighbourhood planning forum to notify residents is covered under existing secondary legislation and development orders. I will get him chapter and verse of the particular provision and circulate it to noble Lords who participated in the debate. It is covered under existing legislation.
I turn to the three non-government amendments in the group, Amendments 8, 8A and 64. I shall deal first with Amendments 8 and 8A in the name of my noble friend Lady Cumberlege. I thank her for her helpful comments. On Amendment 8, the Government believe that a more proportionate way to modify neighbourhood plans is needed to incentivise communities to keep their plans up to date—this deals with some of the points I have just touched on, raised by the noble Lord, Lord Shipley. Clause 3 will achieve this by introducing two new modification procedures. The first allows a local planning authority, with the consent of the neighbourhood planning group, to make minor modifications to a neighbourhood plan or neighbourhood development order at any time, in the same way that errors can currently be corrected. These might, for example, amend the wording of supporting text to clarify the application of an existing policy, which previously would have entailed a referendum.
The second streamlined procedure could not apply where the proposed modifications to a neighbourhood plan were so significant or substantial as to change the nature of the plan the community has voted on. I understand the desire to provide clarity and reduce opportunities for ambiguity and litigation. However, the amendment could unintentionally have the opposite effect. Whether a modification is considered under the new procedure will depend on the context of the overall plan. A modification that is significant or substantial in the context of one neighbourhood plan may not be in another.
I offer an example to assist noble Lords. The addition of sites to accommodate 50 new homes may not change the nature of a plan addressing the needs of an extensive urban area, but for a small rural village this same modification of a plan could have a much more significant and substantial effect on the plan and the local community. I welcome further discussion on any of these points and I am happy to meet with the noble Baroness and any noble Lord who would like more information on these matters, but I respectfully ask the noble Baroness not to press her amendment.
Amendment 8A, proposed by my noble friend Lady Cumberlege, concerns the more detailed procedure for modifying a neighbourhood plan that is already in force. Currently, any modifications to a neighbourhood plan or a neighbourhood development order beyond the correction of an error must go through the same process of producing a new plan, irrespective of the significance and scale of the modifications proposed. I reassure noble Lords that the procedure to which the amendment relates applies only where the proposed modification of a plan is minor. Any proposed modification cannot materially affect any policies in the neighbourhood plan or the planning permission granted by a neighbourhood development order. A local planning authority will need to have the consent of the relevant neighbourhood planning group to make such a modification. The local planning authority would also be required by Regulation 16 of the Neighbourhood Planning (General) Regulations 2012 to publicise any such modification on its website and in any other way it believes would make the local public aware of the proposal.
This is an important change as it will allow groups to, for example, amend the wording of supporting text to clarify the application of an existing policy, without the requirement to go through the same process used to produce a new plan. I hope this reassurance will convince my noble friend not to press the amendment.
On Amendment 64, I thank the noble Baroness, Lady Parminter, for her partial welcome of what we are doing with our new proposals. I thank her for raising the importance of community voices being heard in decisions about planning in their area. I also respect the points made by the noble Lord, Lord Taylor of Goss Moor. He is not in his place at present but I know he understands these issues thoroughly.
Clauses 1 and 2, which have been welcomed by the noble Baroness, together with provisions in the Housing and Planning Act 2016, the recent Written Ministerial Statement of 12 December 2016 on neighbourhood planning and the government amendments that were tabled last week address the concerns she has raised, thus, I believe, making her amendment unnecessary. First, perhaps I may confirm that it is a three-year housing supply that is needed, which was a point raised by my noble friend Lady Cumberlege.
This amendment may inadvertently send a message that those elected locally to take decisions cannot be trusted to do so without the matter being referred to central government. That is the wrong message. However, I recognise the expertise and the intention of the noble Baroness and others who have spoken in support of her proposal. I am very happy to meet the noble Baroness between our Committee deliberations and Report, and indeed any noble Lord who would like more information on these matters. However, I ask her in the meantime not to press the amendment.
Lord Kennedy of Southwark
In respect of the amendments moved by the noble Baroness, Lady Cumberlege, does the Minister expect the department to issue any further guidance at some point on modifications and how minor they may be? I am conscious that government departments might say, “This is a minor modification”. I recently put down a Parliamentary Question to ask a number of government departments about reviews that are announced in Parliament from the Dispatch Box, and I have been told by a number of them that there is no definition of a review. I know that it is a bit odd, but if there is definitely going to be a review, when a Minister stands before us saying whether a modification is minor or not, what status does that have? Would he consider producing further guidance to help residents, neighbourhood planners and parish councillors to understand all of this?
Lord Bourne of Aberystwyth
My Lords, as I have indicated, the intention here is to ensure that we have flexibility because neighbourhood plans may vary in their circumstances, size and so on. There is a massive body of law that defines the word “minor” and judges will be able to put it in context. I have given an example of why we believe that we are answering the need for flexibility in the legislation and I think that the Government have got it right in this regard. However, if the noble Lord has any particular points that he wishes to raise subsequently in writing, I will be happy to look at them.
Baroness Cumberlege
My Lords, I welcome very much government Amendment 3 because we are having to use the Freedom of Information Act to get some of this information, but now it is a requirement and I really do welcome that.
While we are looking at modifications, be they minor or substantial, my noble friend cited the case of 50 houses in a rural area. If planning permission is granted for 50 houses that are outside the planning area and that would increase the number of houses being promoted in the neighbourhood plan, currently standing at 100, so now another 50 are added, which is a substantial increase, would that mean that the neighbourhood planners would have to go back to square one and start again because that would be a major modification, not just a minor one?
Lord Bourne of Aberystwyth
My Lords, I have to be very careful when responding to that question because as I have clearly indicated, there is an issue that is sub judice and therefore I cannot comment on that particular case for obvious reasons. I have said in broad terms that 50 houses may occasionally be minor and occasionally major, depending on the circumstances of the case, but obviously there is also an issue around the interpretation of the relevant neighbourhood plan, which has to be seen in that context. I think that I have given a fair example and although I do not sit as a judge, I try to give particularly bold examples of what would be a minor provision in an urban area but may not be so in a smaller village situation.
Baroness Cumberlege
My Lords, I thank my noble friend for that. What happens if there is a change through, say, the examiner or some other process? For example, where a community has agreed to 100 houses and they have booked the sites and everything else, yet the examiner comes in and says, “No, it’s a minimum of 100 houses”, is that a major modification?
Lord Bourne of Aberystwyth
With respect, I have already given an indication as a lay man in this context as to how this would play out. I have a legal background, but I am not an expert in planning law. I do not think I can be asked, “Is this minor or major”, about a succession of situations. I would be giving what is essentially a lay view in planning law terms. All I have sought to do in setting this out—I hope helpfully—is to say that sometimes something would fairly obviously be major in the context of one neighbourhood plan, but very minor in another. Contrast, for example, a situation of high-density population in an urban area with a small rural village a long way from the nearest town. I hope this indicates the intention here.
Lord Kennedy of Southwark
The noble Lord has been very helpful. The noble Baroness’s question has highlighted that some situations can be very difficult. What somebody thinks is minor somebody else can think is major. Equally, there could be a situation where development could be in an urban area and it could be only 50 houses, but people could think that was an issue as well. I do not think the noble Lord can go much further, but this exchange has highlighted how difficult this can actually be.
Lord Bourne of Aberystwyth
My Lords, I do not agree entirely. I accept the point that it is not always easy at the margins, though I think it is far easier in extreme cases. We do not have all the facts of a particular community that is being referred to in front of us. So, in the abstract, it is much more difficult than it would be with some concrete examples from a particular community.
“(c) an examiner has recommended under paragraph 13(2)(a) of Schedule A2 to the Planning and Compulsory Purchase Act 2004 (examination of modified plan) that a local planning authority should make the draft plan, or (d) an examiner has recommended under paragraph 13(2)(b) of that Schedule that a local planning authority should make the draft plan with modifications.(3BA) In the application of subsection (2)(aza) in relation to a post- examination draft neighbourhood development plan within subsection (3B)(d), the local planning authority must take the plan into account as it would be if modified in accordance with the recommendations.”
Lord Bourne of Aberystwyth
My Lords, I thank noble Lords who have participated in the debate on the amendments in this group. Before I respond to the specific amendments from the noble Lord, Lord Stunell, the noble Baroness, Lady Parminter, and my noble friend Lady Cumberlege, I shall make some introductory remarks that I hope will set out the context.
It is right that unsuccessful applicants can seek to have their planning application reviewed through an impartial planning appeal process. This is a strong belief of the Government, as it has been of successive Governments. I want to get that on the record. This recognises the control the planning system places on the use of land. This should be an option even when the proposed development is not in accordance with the development plan. A planning appeal should be lodged only if issues cannot be resolved with the local planning authority and if an applicant considers, in the light of the facts, that planning permission should have been granted.
Turning to Amendment 5, tabled by the noble Lord, Lord Stunell, and the noble Baroness, Lady Parminter, I thank them for the opportunity to discuss this matter. In this case, when considering an appeal that relates to a neighbourhood plan, the Secretary of State must know the importance of that neighbourhood plan. The law is very clear that decisions on planning applications must be made in accordance with the development plan, unless material considerations indicate otherwise. Reference has already been made to the number of call-ins that have been made by the Secretary of State for the last year for which figures are available—75 out of 16,500. This idea of a super-bureaucratic system running riot with call-ins is overstated and wildly hyperbolic.
Lord Stunell
Is the Minister in a position to say how many of those 75 came from neighbourhood plan areas?
Lord Bourne of Aberystwyth
I thank the noble Lord for that intervention. I do not have those facts in front of me but I shall endeavour to see if we can provide that information in the letter that I have promised to noble Lords. If the information is there, I will gladly supply it.
We should also be clear that the rules on call-ins were made in 2008, ran throughout the last Government and into this Government. The suggestion that this is somehow something new is wrong. I am also happy to circulate the parliamentary Statement that contained those rules to Peers who have participated. I accept that the amendment tabled by my noble friend Lady Cumberlege and the noble Baroness, Lady Pinnock, acknowledges that there are issues of national significance. We can all think of examples of compliance with climate change policies, world heritage sites, green belt and so on. So I would have to take issue with the idea that a call-in is never appropriate, which I think one or two noble Lords got close to saying. When we look at planning, there is always room for and, indeed, an importance to a national dimension. This is what we are seeking to preserve.
I was asked once again about the neighbourhood planning Written Statement. I will also circulate this so that noble Lords have it in relation to the three-year supply of deliverable housing sites. This Written Statement, in the name of my honourable friend the Minister of State for Housing and Planning in another place, Gavin Barwell, indicates:
“The Government confirms that, where a planning application conflicts with a neighbourhood plan that has been brought into force, planning permission should not normally be granted”,
provided that,
“the local planning authority can demonstrate a three-year supply of deliverable housing sites”.
I am putting this in a shorthand form, but I will ensure that it, or the link, is circulated to those who have participated in the debate.
Baroness Pinnock
I thank the Minister for that clarification. However, what I was seeking to understand was whether the three-year supply referred only to where a neighbourhood plan was in place or whether it would be for the whole of a local plan. If that is not the case, we have a serious discrimination between those areas—often rural areas, at the moment—with a neighbourhood plan and those without. For one, a three-year supply would be sufficient; for another, a five-year supply is required.
Lord Bourne of Aberystwyth
I confirm that it applies only to neighbourhood plans. It is just one other reason that it is very good to have a neighbourhood plan in place. I do not see anything inconsistent in that. If we are strong believers in neighbourhood plans, that is quite appropriate.
Lord Bourne of Aberystwyth
I will cover the point in the letter but I am sure that it is the case, as I indicated, in the Written Ministerial Statement—it was on 12 December 2016—that this is in relation only to neighbourhood plans.
If I might proceed, the Government are equally clear that we must allow those taking decisions, including the Secretary of State, to do their job and exercise their judgment when considering the planning merits of the case before them and the evidence for and against an appeal. By the way, the Secretary of State does not necessarily have to uphold the decision of the inspector in this regard. That does not necessarily follow. This provides the necessary flexibility that is at the heart of our planning system, which the amendment, if accepted, would remove. For these reasons, I ask the noble Lord to withdraw Amendment 5.
Turning to Amendment 20, tabled by my noble friend Lady Cumberlege and the noble Baroness, Lady Pinnock, we place great importance on local development plans. They provide the local community’s vision of how it sees its area developing. It is right that they should be given the weight they deserve within the planning appeals process. As I have said, where a development plan’s policies are material to an appeal, a decision must be taken in accordance with the development plan, unless material considerations indicate otherwise. This does not mean that a planning appeal that is not in accordance with the local development plan will always be dismissed. It means that the appeal should not normally be allowed and that planning permission should not normally be granted. However, we cannot, and should not, fetter appeal decision-makers by requiring them to dismiss appeals that are contrary to the development plan. Instead, we must allow planning inspectors to do their job and exercise their independent judgment.
Significantly, planning appeals can be made in a number of circumstances, not just when a planning application is refused. They can also be submitted when a planning application is not decided within the statutory timescale or if conditions the applicant deems unreasonable are imposed on a grant of planning permission. If accepted, the amendment could affect these appeal rights. An applicant who was refused permission would not have their appeal heard in certain circumstances because the amendment would require it to be dismissed. This is not acceptable. In conclusion, I ask my noble friend to not move her amendment.
“Notification of applications to neighbourhood planning bodies
(1) Schedule 1 to the Town and Country Planning Act 1990 (local planning authorities: distribution of functions) is amended as follows.(2) Paragraph 8 (duty to notify parish council of planning application etc) is amended in accordance with subsections (3) to (5).(3) After sub-paragraph (3) insert—“(3A) Sub-paragraph (3B) applies to a local planning authority who have the function of determining applications for planning permission or permission in principle if—(a) there is a relevant neighbourhood development plan for a neighbourhood area all or part of which falls within the authority’s area, and(b) a parish council are authorised to act in relation to the neighbourhood area as a result of section 61F.(3B) The local planning authority must notify the parish council of—(a) any relevant planning application, and(b) any alteration to that application accepted by the authority.(3C) Sub-paragraph (3B) does not apply if the parish council have notified the local planning authority in writing that they do not wish to be notified of any such application.(3D) If the parish council have notified the local planning authority in writing that they only wish to be notified under sub-paragraph (3B) of applications of a particular description, that sub-paragraph only requires the authority to notify the council of applications of that description. (3E) For the purposes of sub-paragraphs (3A) to (3D)—“neighbourhood area” means an area designated as such under section 61G;“relevant neighbourhood development plan” means—(a) a post-examination draft neighbourhood development plan as defined by section 70(3B) to (3C), or(b) a neighbourhood development plan which forms part of a development plan by virtue of section 38(3) or (3A) of the Planning and Compulsory Purchase Act 2004 (plans which have been made or approved in a referendum);“relevant planning application” means an application which relates to land in the neighbourhood area and is an application for—(a) planning permission or permission in principle, or(b) approval of a matter reserved under an outline planning permission within the meaning of section 92.”(4) In the opening words of sub-paragraph (4) for “the duty” substitute “a duty under this paragraph”.(5) In the opening words of sub-paragraph (5) for “their duty” substitute “a duty under this paragraph”.(6) Paragraph 8A (duty to notify neighbourhood forums) is amended in accordance with subsections (7) to (9).(7) After sub-paragraph (1) insert—“(1A) Sub-paragraph (1B) applies to a local planning authority who have the function of determining applications for planning permission or permission in principle if—(a) there is a relevant neighbourhood development plan for a neighbourhood area all or part of which falls within the authority’s area, and(b) a neighbourhood forum are authorised to act in relation to the neighbourhood area as a result of section 61F.(1B) The local planning authority must notify the neighbourhood forum of—(a) any relevant planning application, and(b) any alteration to that application accepted by the authority.(1C) Sub-paragraph (1B) does not apply if the neighbourhood forum has notified the local planning authority in writing that it does not wish to be notified of any such application.(1D) If the neighbourhood forum has notified the local planning authority in writing that it only wishes to be notified under sub- paragraph (1B) of applications of a particular description, that sub-paragraph only requires the authority to notify the forum of applications of that description.”(8) In sub-paragraph (2)—(a) before the definition of “neighbourhood forum” insert—““neighbourhood area” means an area designated as such under section 61G;”, and(b) after the definition of “neighbourhood forum” insert—““relevant neighbourhood development plan” means—(a) a post-examination draft neighbourhood development plan as defined by section 70(3B) to (3C), or(b) a neighbourhood development plan which forms part of a development plan by virtue of section 38(3) or (3A) of the Planning and Compulsory Purchase Act 2004 (development plans which have been approved in a referendum or made).” (9) In sub-paragraph (3) for “(3) to (6)” substitute “(3) and (4) to (6)”.(10) Section 62C of the Town and Country Planning Act 1990 (notification of parish councils of applications made to Secretary of State) is amended in accordance with subsections (11) and (12).(11) In subsection (2) after “paragraph 8(1)” insert “or (3B)”.(12) In subsection (3) after “Schedule 1” insert “or notifications received by the authority under paragraph 8(3C) or (3D) of that Schedule.”
Lord Kennedy of Southwark
My Lords, I very much support the amendments in this group tabled by the noble Baroness, Lady Cumberlege. Clearly, they are probing amendments and I look forward to the response from the noble Lord, Lord Bourne, to the points raised.
It is important that we ensure that communities are consulted and that they have confidence that if they are to make a local plan it should have some validity, particularly once they are into the process. These amendments seek to ensure that. Amendments 9, 10 and 11 look at the modification procedure and give the opportunity to move it from a written to an oral procedure. That is important. It may well be that it should be much more either/or, but at the moment it is much more towards the written procedure apart from exceptional circumstances. I am interested to hear what we get back from the noble Lord in respect of that.
We have also begun to mention a number of words in the debates on the Bill, such as “modification”. Words are important, particularly to planning. Planning is complicated. I am not a lawyer. I am a councillor and I am on a planning committee, but I rely heavily on the advice we get from our planning officers on looking at applications. Rules are also important, and the noble Lord, Lord Shipley, mentioned “the general rule”. What worries me is the flexible rule, which might be so flexible that it is not a rule at all. We need to be very careful about what we are doing here.
I would also like the noble Lord to tell us a little about the examiner. The examiner will look at an application and will want to determine and pass it properly, so we must hope that he is working to soundly based rules as well. It would be useful to learn about the rules they operate under. It seems odd that an examiner can simply throw out a proposal that has been agreed, especially having heard about how important these processes are from the noble Lord, Lord Taylor of Goss Moor. So it will be interesting to hear about exactly what takes place and what the examiners are told. I am conscious that these are probing amendments and I look forward to the noble Lord’s response, at which point I may have one or two more questions for him.
Lord Bourne of Aberystwyth
My Lords, perhaps I may say as I crawl across the minefields in the mist having been battered by iron fists and with my feet held to the fire, that I will try to deal with some of the issues that have been raised quite fairly by noble Lords relating to this group of amendments. It may help if I first try to put this in the context of what the Government have done to promote and improve neighbourhood planning—just so that we do not lose sight of what is important.
The measures introduced by the Housing and Planning Act have sped up and simplified a number of processes, with, for example, new time limits being imposed on planning authorities and more transparency in committee reports. We have provided £22.5 million-worth of support for neighbourhood planning groups and have provided more than 1,800 grants to the value of over £10 million. Also, some £13 million has been paid out to local planning authorities to help them meet their responsibilities. I have referred to the Written Ministerial Statement of December 2016, which was provided to address the issue raised by communities about the transition problems around the operation of the five-year land supply requirements. This Bill will put it beyond doubt that decision-makers must have regard to neighbourhood plans that have passed examination—it is important to nail that. It also makes clear the advice and assistance that local planning authorities are able to provide to neighbourhood groups and it will bring neighbourhood plans into legal force as part of the development plan at an earlier stage, all of which is important.
Before I turn specifically to the amendments tabled by my noble friend Lady Cumberlege, perhaps I may address a couple of points raised by the noble Lord, Lord Shipley, in the context of Schedule 1 relating to the procedure for examination as set out in new paragraph 12(1). The words “the general rule” replicate the language used in the Localism Act 2011 under the coalition Government. I appreciate that that is not the whole of the answer, but the phrase has been put in for good reason in that there is a substantial amount of case law that defines what “the general rule” is. I will endeavour once again in the compendium letter that I will send round to give examples of how it would operate.
I would also say to the noble Lord that new paragraph 12(2) makes it clear that it is not just the examiner who can initiate an oral hearing, or at least that it may be but he would be required to do so under new paragraph 12(2)(b),
“in other such cases as may be prescribed”.
It is not as if he has a totally unfettered discretion. Indeed, we may want to examine this heading when we discuss the specifics because it does provide for cases to be prescribed.
Lord Shipley
Can the Minister explain what and who it is who will do the prescribing?
Lord Bourne of Aberystwyth
The prescribing would certainly be done by the Secretary of State, but obviously the Bill has not yet passed into law so no cases would be prescribed at the moment. Again, perhaps I may give an indication of the sort of circumstances where we anticipate it may be used.
I turn now to the amendments and again I thank my noble friend Lady Cumberlege for raising this important matter, and the noble Lords, Lord Cameron, Lord Shipley, Lord Kennedy, and briefly the noble Lord, Lord Beecham, who is not in his place at present, for their contributions. It may help noble Lords if I first explain the current examination process for a neighbourhood plan. The person appointed to examine a neighbourhood plan must be independent of those who prepared the plan and of the local planning authority, and have no interest in any land that may be affected by the plan. They must have appropriate qualifications and experience. The noble Lord, Lord Kennedy, raised the issue of rules in relation to this. Perhaps I can provide a link in the letter, but they clearly must have appropriate town and country planning qualifications and experience. There will certainly be rules under which they will have to operate. Noble Lords may perhaps want to do a more detailed examination of these.
The examiner’s role is to consider whether the plan proposal meets a set of basic conditions and other legal tests. Neighbourhood planning groups must submit various other documents to the local planning authority with their neighbourhood plan proposal. These include a statement setting out how the plan proposal meets the relevant tests. This statement provides the opportunity for those who prepared the plan to demonstrate that their neighbourhood plan proposal meets those tests. Those wishing to make their views known to the independent examiner, or to submit evidence to be considered, can submit written representations to the local planning authority during the statutory publicity period for the draft neighbourhood plan. The local planning authority must send to the independent examiner the draft plan proposal, any other document submitted by the neighbourhood planning group relating to the plan proposal, and a copy of any representations made.
My noble friend Lady Cumberlege’s Amendment 6A concerns the modifications that an examiner may recommend to a neighbourhood plan. It is already the case that the examiner of a neighbourhood plan must make a report on the draft plan. This must recommend either that the plan is submitted to a referendum or that modifications are made to the draft plan so that it meets the basic conditions and other legal tests for the plan as modified to be submitted to a referendum. It is only where an examiner is unable to make such modifications that they would have to recommend that the plan proposal is refused. With this clarification, I would ask my noble friend to withdraw that amendment.
I apologise to my noble friend that I have not taken her amendments in the same order as she proposed them. Amendment 6B would give an opportunity to provide further details on the procedure for examining neighbourhood plans. It is currently the case that, where a new neighbourhood plan has been examined, a local planning authority must reach its own view on whether the plan meets the basic conditions and legal tests required. The authority must do so having considered the recommendations of the examiner. It is then for the authority to decide whether a neighbourhood plan proposal, with or without modifications, should be put to a referendum.
Our planning guidance is clear that we expect local planning authorities to constructively engage with the community throughout the neighbourhood planning process, including when considering the recommendations of the independent examiner of a neighbourhood plan. Again, these are important matters raised by my noble friend Lady Cumberlege on which I will carefully reflect ahead of Report.
My noble friend’s Amendments 9, 10 and 11 concern the method of examination. The Government maintain that the process of examining neighbourhood plans by written representation in general provides a proportionate, appropriate and robust scrutiny. It is certainly an appropriate approach for plan modifications that make use of the new streamlined modification procedure in the Bill. By definition, such proposals will not substantially change the nature of the plan. Nevertheless, for new plans or for modifications to plans where the examiner considers it necessary to ensure adequate examination of an issue, or to give a person a fair chance to put a case, they must hold a hearing. In these cases, neighbourhood planning groups are entitled to make oral representations. I want to reassure noble Lords that the legislation is very clear. Communities already have the opportunity to have a say in writing throughout the examination process and, where appropriate, at an oral hearing.
Ahead of Report—and I shall endeavour to do this for all noble Lords—I think it appropriate that I set out the procedure whereby there is interaction between the examination and the neighbourhood plan. In setting out that procedure in discussion with my noble friend Lady Cumberlege and others, we can see where there are gaps where we may need to plug the legislation, if I can put it in the vernacular in that way. I accept that something must be going wrong with some plans. I am happy to look at that to see how we might address it. The general position is satisfactory, but I accept that something can obviously be done to make it more watertight. I thank my noble friend for saying that these were probing amendments, but with the reassurance that I have sought to give I ask her not to press them.
Baroness Scott of Needham Market (LD)
My Lords, I, too, support the noble Baroness. I assure her that she need not apologise for anything as she has raised some very interesting issues in the course of the Grand Committee, and has done so with great passion and commitment.
I raise a related, but perhaps slightly tangential, issue concerning the impact of having a lot of development all at once. Currently, developers argue that Section 106 or community infrastructure levy contributions should relate only and very specifically to the development they are undertaking. That may sound a reasonable argument but it is highly problematic as it completely fails to take into account the cumulative effect of a number of developments taking place around a village, or, indeed, taking place over time. It is very difficult to argue with legal certainty that the need for a new school, for example, is related simply to one development as opposed to the cumulative impact of a number of developments. Therefore, that issue needs to be looked at as it goes to the point about the acceptability of development to local communities. They also need to feel that the funding mechanism will be there. Furthermore, developers often argue that the money should be used only for very narrow purposes and not for the benefit of the wider community. The Government need to look at the acceptability of development in this regard.
Lord Bourne of Aberystwyth
My Lords, I thank my noble friend Lady Cumberlege for moving this amendment. Before I look at the substance of it, on housing need generally I think it will be borne out by statistics that even if all migration were to stop now—it will not because the Prime Minister made clear that we will still very much need the brightest and best for specific areas of activity in the country—there is still a truly massive backlog of housing that needs to be supplied. There is no gainsaying that. There is a massive catch-up operation to be done, and all political parties over the years contributed to this problem by not building enough. There is little doubt of that. I part company with my noble friend on that specific point.
On Amendment 7, moved by my noble friend, local communities within a designated neighbourhood area are responsible for deciding which policies they want to include in their neighbourhood plan. They can, if they choose, include policies on housing delivery and housing sites if they consider them appropriate for their area. They will develop their housing policies by considering the types of development needed for their area and will identify suitable locations for housing development. If the policies and proposals are to be implemented as the community intend, a neighbourhood plan must be deliverable.
Where a neighbourhood plan is used to allocate sites for housing development, the local community must assess whether those sites are deliverable and developable. Paragraph 47 of the National Planning Policy Framework provides details of what needs to be considered. As part of this consideration, those preparing the plan must take realistic decisions about the timescales for delivering those houses and the issues that might affect this, such as the area’s infrastructure needs. This might require them to consider phasing the delivery of development to ensure that they have a realistic plan for delivering their housing policy within required timescales. It is certainly open to neighbourhood groups to do that now and for that to be part of the neighbourhood plan. Where communities consider this necessary, they should of course have clear evidence as to why there should be a restriction on when a specific site or sites will come forward for development.
These are important matters but should essentially be left to the judgment of local communities. Maybe we need to make clearer that that is a possibility but then it is a matter for the relevant neighbourhood, advised by their local planning authority. These people are best placed to make such decisions, which are more appropriately addressed by policy documents and guidance than legislation. As I previously indicated, the Government set out their policy on these matters in the National Planning Policy Framework and in planning guidance, to which both local planning authorities and those preparing neighbourhood plans must have proper regard.
I hope I have reassured my noble friend on this point. Just before I leave this particular amendment, the noble Baroness, Lady Scott, raised an issue regarding funding from community infrastructure. We shall come to this in the next group but, just briefly, I think 25% goes to the relevant parish council or neighbourhood group. It is up to them how to spend that; it does not have to be related to the infrastructure for which the levy was paid. As I say, we will come to that on Amendment 26 and can look at it in more detail then. In the meantime, I ask my noble friend to withdraw her amendment.
Lord Bourne of Aberystwyth
My Lords, I thank all noble Lords who have participated in the debate on these amendments. I turn first to Amendment 12 tabled in the names of the noble Lords, Lord Kennedy and Lord Beecham. I understand the desire to ensure that adequate funding is available for local planning authorities.
I hope that I can reassure the noble Lord, Lord Beecham, that the Government’s rigorous new burdens doctrine ensures that local planning authorities receive the relevant resources to meet their statutory obligations under the neighbourhood planning process. Since 2012, more than £13 million has been paid out by the department to enable local planning authorities to meet their neighbourhood planning responsibilities. Some 104 different local planning authorities have submitted claims for the current financial year, and under the current arrangements where applicable, these authorities could have claimed £5,000 for each of the first five neighbourhood areas and the first five neighbourhood forums that they designate. For those authorities where a referendum date was set, they could also claim a further £20,000 to cover the costs of an examination for each referendum.
Evidence compiled by my department in August 2015 found that the current funding arrangements adequately cover the neighbourhood planning costs for the majority of local planning authorities. I appreciate that that is almost 18 months ago but I would be happy to share this evidence with noble Lords and I will ensure that it is sent on to those who have participated in the debate. We continue to review the level of funding available to local planning authorities and I can confirm that funding will continue to be available for the next financial year. Further details will be announced shortly, ahead of the next financial year.
I now turn to Amendment 26 tabled by my noble friend Lady Cumberlege. I share her desire to support neighbourhood planning, and that is why we currently allocate a proportion of community infrastructure levy receipts to those areas with an adopted neighbourhood plan, as she correctly acknowledged. It is a local choice, as the noble Lord, Lord Greaves, pointed out, for areas to introduce the levy based on economic viability and infrastructure need, and of course that will vary from area to area. Take-up has increased by 144% since April 2015. The current number of authorities which have adopted the community infrastructure levy is 132, and a further 86 have taken substantive steps towards it, which totals 64% of local authorities. However, I emphasise that this is a local choice. There are clear benefits in many cases and it may be that we need to look at publicising those more widely, but of course it is not for everyone.
It is also important that local areas have a choice over how the money raised by the levy is spent. The 25% neighbourhood share already allocated for communities with neighbourhood plans provides a real opportunity for those areas to have a say over how the levy is spent in their area. Communities can also influence how the levy is used across their local authority through participating in the development of the local plan and the charging schedules which set out the local authority’s infrastructure priorities.
I thank the noble Baroness, Lady Scott, for her contribution more widely in relation to the community infrastructure levy and I am happy to agree to the meeting she has suggested in order to understand and consider some of the detailed concerns. That would be beneficial to me as well.
I turn now to the issue of how best to continue to incentivise communities, and I understand the wishes of my noble friend Lady Cumberlege in this area. The Prime Minister has made clear that this is a particular priority for the Government. An independent review of the community infrastructure levy has recently reported to my department. The review group considered a wide range of issues including the take-up of the levy and the use of the neighbourhood share. We are currently reviewing its recommendations and once again I will provide further information on exactly where we stand on that.
With the reassurance that the Government are already considering the recommendations and the need perhaps to publicise the benefits of the community infrastructure levy more widely by giving evidence of how communities can benefit from the development of their area, and continuing to review the level of funding available to local planning authorities—the White Paper will have something to say on that as well—I would ask the noble Lord, Lord Beecham, to withdraw his amendment.
Lord Beecham
My Lords, I am grateful to the Minister for his constructive response. I was rather taken with his notion that the Government have a rigorous policy towards meeting new burdens. I would have thought “rigor mortis” might be a more appropriate description of their performance in that area but he is clearly well intentioned and we hope to see some evidence of that as the legislation goes forward.
Significantly, the figures he quoted on the community infrastructure levy were quite alarming in many ways. From what he said, authorities are not necessarily taking full advantage of what is currently available. Has the Minister considered talking to the Local Government Association about that? This matter should be taken forward in that way. I will certainly ensure that the points he made today are heard. I hope that process can be tackled. It is for the noble Baroness to comment more specifically on that subject since she raised it but there seems to be an issue here. One way or another, the system does not seem to be working adequately, yet apparently the goodwill is there on the government side to ensure it does. Perhaps after the event we could look at ways to promote the use of what should be a helpful instrument for both local authorities and the communities they represent.
Lord Kennedy of Southwark
My Lords, I intervene only briefly because I made reference to turnouts in my speech at Second Reading. It may well be that the figure of 40% is too high, but our concern is that a plan can be approved on a very small turnout, which itself could cause problems. That is why we have put this amendment forward for debate, but it is certainly not an attempt to wreck anything. As I have explained before, I am a councillor in Lewisham where we are actually producing our own neighbourhood plan. We are about a year into it because it is a very complicated process, but it has definitely involved many members of the local community and I am supportive of that, as is my noble friend Lord Beecham.
Perhaps there should be a discussion about what would be a legitimate figure. Would a turnout of 1%, 2% or 5% be legitimate? At what point would a plan genuinely have community backing when it is put to a referendum? That is the point of the discussion today, rather than any attempt to wreck the provision. I think that we have had a useful discussion that has covered a range of issues.
Lord Bourne of Aberystwyth
My Lords, I thank the noble Lords, Lord Beecham and Lord Kennedy, for raising this matter. I am not sure whether they believe in the 40% figure, 4% or 2% because that is not entirely clear. Perhaps I may say that I do not think that their hearts are quite in it. The most alarming thing about the debate is that on this basis, Newcastle would have been deprived of the noble Lord, Lord Beecham, and Lewisham possibly deprived of the noble Lord, Lord Kennedy, to the detriment of our national life. I would have thought that the presence of the noble Lord’s name on the ballot paper would have ensured a really high turnout. More seriously, this is not something that we can pursue.
Lord Shipley
Just to assist the noble Lord with further information. In fact, the noble Lord, Lord Kennedy of Southwark, was elected on a turnout of 40.61%.
Lord Bourne of Aberystwyth
My Lords, I think we now know why the figure of 40% appears in the amendment.
In all seriousness, clearly we would all want to see higher turnouts, but regrettably much of our national life turns on low turnouts. In May 2016 the overall turnout in English local elections was 33.8%—the noble Lord, Lord Kennedy, bucked the trend. The average turnout for neighbourhood planning referendums is 32%. The principles of neighbourhood plan and neighbourhood development order referendums are consistent with all referendums and elections in our country. People are given the right to vote but are not obliged to do so. With this in mind, we cannot support the 40% threshold. The Electoral Commission’s data show that the overall turnout in English local elections since 2007 has exceeded 40% in only three years.
As the Minister for Housing and Planning, Gavin Barwell, highlighted in the other place when a similar amendment was tabled in Committee, of the approximately 240 neighbourhood planning referendums that had been held at that point, around 170 had had a turnout of less than 40%. The amendment would drive a coach and horses through the legislation and could jeopardise the whole neighbourhood planning process and the hard work of so many people and communities to produce neighbourhood plans, which the Government support. With this clarification, I hope the noble Lord will withdraw his amendment.
Lord Beecham
My Lords, it is interesting to be identified by the Liberal Democrats as having a low polling achievement, when at the general election, was it 8% or 9% that the party of the noble Lord, Lord Shipley, managed to achieve? However, to my mind the issue was not so much about a particular figure as about trying to ensure that there is significant involvement of local people in making a decision.
I did not know the statistics that the Minister referred to and I am grateful to him for answering my question about that. Those figures suggest that there is in many places a reasonably high demand—30% or so, whatever it might be, is a good response to something such as this. But the object ought to be to encourage as much as possible a turnout on these decisions. I am not wedded to the 40% figure. Perhaps a different approach might be to provide financial and other support to promote referendums, without necessarily imposing a limit, but to work with local authorities— again, perhaps with the LGA—to develop a scheme to maximise the involvement of local people in a system which is supposed to engage them in evolving policy which will affect their communities. Perhaps it could be looked at afresh from that perspective without identifying a particular figure, which I accept is very much an arbitrary one. But we are all concerned to see public engagement increasing as much as possible. There may be ways to do that.
In the circumstances, of course I beg leave to withdraw the amendment, and I hope that the turnout in the next elections in Newcastle will be somewhat higher.