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 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 21 June 2022 - (21 Jun 2022)
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.