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The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Luke Hall)
Thank you, Sir George. It is a pleasure to serve under your chairmanship. I congratulate my hon. Friend the Member for Kettering (Mr Hollobone) on securing this thought-provoking debate. I will begin by touching on the comment by the hon. Member for Oldham West and Royton (Jim McMahon) about cross-party work. It is a hugely important point; it is crucial that we work on a cross-party basis and I am happy to meet him at any time to talk about these issues.
Fairness in the planning system is a matter that we take incredibly seriously. The issues raised today are not all new challenges; I have heard them raised by colleagues in past debates, and they affect my own constituency. Let me reassure colleagues that the Government are working to implement the measures we have promised in order to address unauthorised development—an issue we have talked about a lot. We have consulted on powers for dealing with unauthorised development and encampments. Some issues raised in the debate have reflected the consultation responses: concerns over fairness in the planning system; unauthorised encampments and intentional unauthorised development, particularly in the green belt; issues with planning enforcement; and, of course, the outcomes for travelling communities that we have heard so much about.
Under national planning law, national planning policies and local planning policies to guard against unacceptable development apply equally to all applicants who wish to develop. It is right to recognise that certain groups have protections in law, such as disabled people, the elderly and ethnic groups, including Travellers. Planners may also take into account the specific needs of individual groups when making decisions on development, which will be taken on their own merits. As is the case for all planning applications, planning applications for Traveller sites must be determined in accordance with the local authority’s statutory development plan unless material considerations indicate otherwise.
In 2015, we amended the definition of Gypsies and Travellers for planning purposes to remove those who have ceased to travel permanently. That was to ensure fairness and transparency in the planning system for the whole community, and to avoid any misunderstanding. Those who have ceased travelling permanently will have their needs assessed, as with any valued group in our society, and a decision will be taken on whether a site can be made available.
We have taken into consideration the responses that we received to our consultation on unauthorised development and encampments. Those responses made it clear that, in certain areas, unauthorised encampments are causing significant disruption for local residents. We have made it clear that that must be addressed. In our response, we committed to introducing a package of measures to address those issues, including proposals for stronger police powers to respond to unauthorised encampments, practical and financial support for local authorities to deal with unauthorised development, support for Traveller site provision, and support for the travelling community to improve their life chances. My Department has been working closely with the Home Office on this issue to ensure that we take a rounded approach that provides positive results for both the settled and travelling communities.
Let me address some of the concerns that were raised about intentional unauthorised development, and in particular how that is taken into account when planning permission is sought retrospectively. Planning permission should not be granted retrospectively simply because the development has already taken place. We propose to strengthen the power of local authorities to stop that happening, and we will consult shortly on a range of options for strengthening our policy on intentional unauthorised development so local authorities have stronger tools and levers to address the effects of that type of development.
Matt Western (Warwick and Leamington) (Lab)
I am sorry that I was not able to join the debate earlier. Does the Minister accept that this issue costs many local authorities, such as Warwick District Council, as well as businesses and the community, huge sums? Surely, a good use of funds would be to support councils to use compulsory purchase powers to buy land to set up permanent sites.
Luke Hall
I thank the hon. Gentleman for raising that point and sharing his local authority’s experience. I am happy to touch on that shortly, but let me turn first to the green belt, which was raised by a number of Members, including my hon. Friends the Members for Mole Valley (Sir Paul Beresford) and for Rugby (Mark Pawsey). Our commitment to protecting the green belt is as strong as it has ever been. Changes to the green belt should happen only in exceptional circumstances, and should be fully evidenced and justified through plan making. The policy is clear that once green belts are defined, local authorities should plan positively to enhance their beneficial use, such as by looking for improvements to access and environmental quality.
We have provided £1.79 million of funding across 37 local authorities to improve their capacity to respond to enforcement issues facing their area, and we are working with the Royal Town Planning Institute to overhaul the national enforcement handbook to provide the latest best practice and expertise on shutting down illegal building while ensuring that developers obtain full planning permission before a shovel hits the ground.
Mark Pawsey
My hon. Friend the Member for Kettering (Mr Hollobone) mentioned powers to require an inappropriate development to be taken down and the site restored. Does the Minister agree those powers are used far too rarely and, whether we are talking about a development by the Gypsy and Traveller community or by anybody else, there is a sense that if someone builds something, the chances of their being required to reinstate the site are pretty slender, so it is often a chance worth taking?
Luke Hall
I thank my hon. Friend for putting that point on the record. It is something I am very happy to talk about further.
Let me touch a little more on site provision. Last February, the Government reminded local planning authorities of their planning obligations to assess the need for sites and to make transit sites available, and, crucially, about the need for joint working between authorities on the setting of pitch and plot targets. It should be emphasised that enforcement becomes much easier once an alternative authorised site exists. Making adequate site provision in plans should reduce the number of unauthorised developments and encampments, and subsequently reduce the disruption they can cause to the wider community.
As such, we have committed to finalising the 2016 draft guidance on assessing housing need for those residing in caravans. That guidance will help local authorities to assess housing need for caravans, but it is not just about ensuring provision; it is about ensuring appropriate provision. Our policy makes it clear that, when assessing the suitability of sites in rural or semi-rural settings, local planning authorities should ensure that a site’s scale is not such that it dominates the nearest settled community.
Mr Hollobone
I welcome the Minister’s remarks. Before he finalises the guidance, will he be kind enough to visit Kettering Borough Council? We do not have green-belt protection; we just have open countryside. Kettering is in the middle of England. It is experiencing all these problems. I think he would find such a visit extremely informative.
Luke Hall
I would be absolutely delighted to do so.
In our response to the consultation, we committed to introducing guidance making it clear that the Secretary of State is prepared to review cases where concerns are raised that there are too many authorised Traveller sites for the local community to support effectively. The guidance will also assist local authorities in making better decisions about whether to approve Traveller site applications, and sets out a range of circumstances for planning authorities to consider when determining such applications.
Let me touch a little on enforcement in respect of unauthorised encampments. I know that my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn) has particular concerns about this issue, and I thank him for putting his points on the record. On trespass, we are absolutely aware of concerns about the effectiveness of powers available to tackle unauthorised encampments. Local authorities can of course use temporary stop notices when they are concerned that unauthorised development has taken place. Those require that any activity in breach of planning control must be ceased for 28 days. However, we want to go further, so we are minded, following consultation, to extend the 28-day temporary stop notice period.
Furthermore, on 5 November, the Home Office launched a consultation seeking views on criminalising the act of trespass when setting up an unauthorised encampment. I know that hon. Members had questions about some of the proposed amendments, which include increasing from 3 months to 12 months the period for which trespassers directed from land are unable to return, lowering from six to “two or more” the number of vehicles that need to be involved in an unauthorised encampment before police powers can be exercised, and enabling the police to remove trespassers from land that forms part of the highway. That follows the Home Office’s commitment to consult on a specific set of measures to enhance the powers police have to direct trespassers to leave unauthorised encampments. That consultation closes on 5 March 2020. A couple of colleagues asked who will have responsibility for leading that work. I can confirm that the Home Office will lead, and the Government will respond to the consultation in the autumn.
A number of Members touched on the importance of improving outcomes, so let me update the House on the work we are doing to improve outcomes for the travelling community. We are working to address the disparities faced by Gypsy, Roma and Traveller communities to ensure that they have the same life chances as other members of the community. As we heard, on almost every measure, Gypsy, Roma and Traveller communities are significantly worse off than the general population. We have been working on that, and we recognise that we need to go further. We are committed to developing a cross-Government strategy to tackle inequalities faced by Gypsy, Roma and Traveller communities across a range of outcomes highlighted by the race disparity audit, including housing, education and health.
Luke Hall
I am afraid I cannot, because of the time.
We are in the early stages of developing that strategy and will engage extensively with policy makers, practitioners and, of course, the communities themselves as we take the work forward. We will provide regular updates on progress in the coming months.
I thank hon. Members again for their contributions. I understand the importance of some of the issues that were raised. I am happy to work on a cross-party basis with colleagues across the House as we take this work forward, and I am grateful for the opportunity to discuss it.