Planning and Infrastructure Bill (Sixth sitting)
(1 day, 11 hours ago)
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The Committee divided: - Ayes: 10 / Noes: 6 - Question accordingly agreed to.
The Committee divided: - Ayes: 10 / Noes: 2 - Question accordingly agreed to.
The Committee divided: - Ayes: 10 / Noes: 6 - Question accordingly agreed to.
The Minister for Housing and Planning (Matthew Pennycook)
We were discussing clause 36 and I was attempting to reassure the shadow Minister, the hon. Member for Hamble Valley, that his concerns were unfounded. We were discussing fees charged by particular public bodies for providing services associated with Transport and Works Act 1992 orders.
As I made clear, the power is subject to delegated procedures, ensuring that it is flexible enough to account for any changes in the provision of services in the future. I reassure the shadow Minister that the power allows for the charging of fees for services only on a cost-recovery basis. The regulations will set out any required safeguards, just as there are safeguards in place in regulations that relate to the charging of fees by authorities on nationally significant infrastructure project cases, for example. Subsection (4) makes it clear that applicants will be required to have regard to guidance that will provide detail.
The shadow Minister asked me about two specific points. On appeals, there is no set appeals process for the fees charging system, other than the ultimate recourse to judicial review on the basis that the fees charged to do not comply with the forthcoming regulations or are irrational. On small businesses, I recognise that there is potential constraint as some applicants for Transport and Works Act orders may be smaller businesses, such as heritage railway operators, and it may be harder for them to absorb costs, but I reiterate my previous point that the delays in the system that we currently experience are not cost free. We feel strongly that the benefits of the change proposed by clause 36 outweigh the disadvantages of extra costs, even for smaller applicants. On that basis, I hope the shadow Minister is reassured and I commend the clause to the Committee.
Question put and agreed to.
Clause 36 accordingly ordered to stand part of the Bill.
Clause 37
Disapplication of heritage regimes
Question proposed, That the clause stand part of the Bill.
Matthew Pennycook
The purpose of clause 37 is to remove the need for Transport and Works Act order applicants to apply to multiple consenting authorities for separate authorisation requirements under relevant heritage regimes in England and Wales, such as listed buildings and scheduled monument consents. Instead, the clause provides for the consolidation of the application process for certain heritage authorisations, so that they can be obtained through the Transport and Works Act itself. I must make clear that it is for applicants to determine whether they want to proceed on the basis of existing arrangements, namely consulting multiple consenting authorities, or whether they want to obtain those consents through the Transport and Works Act itself, in which instance the Secretary of State for Transport would need to confirm that that could be undertaken via that route. The consents would be obtained as part of the TWA order process and the decision-making process that pertains to it.
In making this change, as with other changes that we have made in this part of the Bill, we would bring the Transport and Works Act order process in line with the Planning Act 2008, which provides a one-stop shop development consent order process for major infrastructure. To ensure proper oversight is maintained throughout the amended process, applicants will still need to consult the relevant consenting authorities before applying. I commend this clause to the Committee.
Schedule 2 amends the Ancient Monuments and Archaeological Areas Act 1979 and the Planning (Listed Buildings and Conservation Areas) Act 1990 as a result of the changes made by clause 37 of the Bill. As I have just set out, clause 37 enables an order under the Transport and Works Act to obtain certain consents through the Act itself, rather than requiring separate applications to each relevant consenting authority. Schedule 2 disapplies offences that would otherwise arise from proceeding without those consents or authorisations. The inclusion of this power is a prudent, practical and reasonable step to take to ensure the most efficient legal framework moving forward. I commend the schedule to the Committee.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
It is a pleasure to serve under your chairmanship, Ms Jardine. The Opposition broadly understand the direction of travel that the Minister has set out and the principles underlying it are clearly quite sensible.
Will the Minister give us a degree of assurance, particularly about the process for determining the circumstances in which the authorities that are listed and the circumstances that are listed may be set aside? That is significant because significant infrastructure developments are often close to heritage railway buildings and historic sites where there will be a legitimate expectation from both local authorities and residents that a proper consultation will be undertaken.
We know that, in the past, the effect of that regime has been that in many cases developers, in places such as Royal Quay in my own constituency in Harefield, have chosen to put historic buildings back into use for a new purpose. For example, formerly industrial buildings connected with Victorian transport networks could be used for residential development, rather than simply demolishing and clearing the sites and losing that heritage asset in the process.
It would be helpful to understand how we will ensure, through the regime as set out, that those considerations are fully taken into account. I appreciate that we will debate the green belt later on, but there is significant interaction in the Bill between the different types of regime that apply, and we have already had much debate about the green belt and the grey belt.
I am aware that the Secretary of State for Housing, Communities and Local Government yesterday issued a decision with respect to a site just north of London, and the effect of her determination is that any land on a transport corridor located between, for example, a motorway and a village, even if it is currently in the green belt, will be considered to be grey belt for the purposes of developability. That will clearly have a significant impact in similar situations in locations with a significant heritage element that are close to railways, motorways and other such transport networks that would potentially, from a developer point of view, benefit from swifter development without a consultation being undertaken. However, from the perspective of local residents and the wider community concerned about heritage and land use, they are losing the opportunity to have this.
Gideon Amos (Taunton and Wellington) (LD)
I rise to speak either against the clause or in favour of amendment 7, which is in my name. I am not sure which, but I am sure you can advise me, Ms Jardine. We have significant concerns about the clause, and I will spend a few minutes on them as it is, perhaps, more serious than it first appears. The clause would disapply the need for listed building consent, conservation area consent, scheduled ancient monument consent and notices for works on land of archaeological importance from Transport and Works Act projects.
Our heritage has benefitted from protection under criminal law since Lord Avebury in the Liberal Government brought in the Ancient Monuments Protection Act in 1882. The Act provides that anyone who damages a monument commits an offence punishable by imprisonment
“with or without hard labour for any term not exceeding one month”.
That protection, and much of the wording in that Act, has survived, and the relevant wording remains in the main and principle Acts for listed buildings: the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Ancient Monuments and Archaeological Areas Act 1979. My suggestion is that this is not the time to remove such strong statutory protection and criminal sanction from measures to protect ancient monuments and listed buildings.
I appreciate that the Government, in their memorandum to the Delegated Powers and Regulatory Reform Committee, say that the approach is similar, but not as wide as the Planning Act 2008 approach, which the Minister has mentioned, and I fully understand the single consenting regime objective. It would be narrower in some ways because, in the proposed Transport and Works Act approach, it could be possible to be more selective about which measures are disapplied. However, the Planning Act 2008 approach is very different, because regulations made under it enshrine those same legal tests that go back decades—and, in some cases, centuries—so that they remain on the statute book and applicants under that Act still must comply with them.
If our country’s heritage is worthy of protection under criminal law, as the Liberal Democrats believe that it is, the same tests should surely be applied under the Transport and Works Act as under other legislation. Those are long-standing tests. In relation to listed buildings, the wording that many in the sector will know is that we must have
“special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest”.
Those words ring down the years. For scheduled ancient monuments, the requirement was to have regard to the “desirability of preserving” the scheduled monument or its setting and, in conservation areas,
“to the desirability of preserving or enhancing the character or appearance of that area.”
Those are familiar words that, as I say, ring through legislation over many years. They should not be removed from the Transport and Works Act process altogether, which this clause would do. These are central principles of heritage protection that have lasted decades, if not centuries. The Government may point out that, as they say in the explanatory notes, section 12(3A) of the Planning (Listed Buildings and Conservation Areas) Act 1990 remains in place, which provides:
“An application for listed building consent shall, without any direction by the Secretary of State, be referred to the Secretary of State instead of being dealt with by the local planning authority in any case where the consent is required”.
Although that section is referred to, it does not apply here, because consent is not required. All the requirements for consent are disapplied by the clause in this Bill, so there would be no recourse to consent under that route.
Our recommendation is that the important statutory tests be repeated in the legislation for Transport and Works Act projects, just as they are for all other projects, including in regulations made under the Planning Act 2008.
Many heritage organisations share our concerns. The National Trust says:
“We have serious concerns regarding the scope of Clause 37 of the Bill which seeks to disapply existing heritage regimes. This clause enables Transport and Works Act 1992 orders to disapply authorisation”
for listed buildings, and so on. It continues,
“we have strong concerns about the possible disapplication of heritage regimes for transport infrastructure developments. There is a risk that this could enable harm to heritage assets without proper scrutiny and go further than the stated ambition of the Bill.”
The Heritage Alliance has stated:
“Until greater clarity and detail is forthcoming from government, we continue to have significant concerns regarding its potential to cause…unintended harm to heritage assets.”
Even the Government’s own agency, Historic England has said:
“Whilst the clause provides discretionary powers for the Secretary of State on whether to disapply the legislative provisions relating to heritage, as drafted there is a lack of clarity as to how and when this discretion would be applied. This risks resulting in uncertainty and inconsistency, which would undermine the policy intention…In addition, the disapplication of the legislative provisions for heritage does not provide any equivalent safeguards for the protection of heritage in relation to the authorisation and enforcement provisions for listed buildings and scheduled monuments, as exists at present”
in legislation. It goes on:
“The clause, as currently proposed, would therefore result in a weakening of heritage protection.”
It concludes that
“the current wording of Clause 37 may not actually deliver the policy intention of streamlining planning decisions, whilst having the unintended consequence of reducing heritage protection.”
In short, we are very concerned about the removal of such long-standing legal protections for our heritage. In our view, they must be put back on the statute book in one way or another.
Matthew Pennycook
I appreciate the comments from the Liberal Democrat spokesman, the hon. Member for Taunton and Wellington, and the shadow Minister, the hon. Member for Ruislip, Northwood and Pinner. Let me go over some of the points I have made to reinforce them, but also to respond directly to the challenges raised.
I think the principle of the one-stop-shop DCO process for major infrastructure is accepted as a beneficial aspect of the NSIP regime. We think allowing Transport and Works Act orders to take that holistic approach to all the consents required has merit. It would provide more certainty for applicants and ensure that some timelines and requirements were reduced, therefore benefiting the speed of the process. I very much recognise the concerns raised about heritage protections. The shadow Minister will forgive me for not commenting on a decision made by the Secretary of State, not least in the period when it is potentially still challengeable, but I note his concerns.
Gideon Amos
I am grateful for the Minister’s response. I urge him to consider regulations. That is the approach under the Planning Act 2008, which has worked and ensures that the Secretary of State for Transport will have to apply the same tests that local planning authorities’ inspectors and the Secretary of State have to apply under the 2008 Act. They have to apply their central and historical tests—ironically they are historical tests for historic parts of our heritage and should be retained. We strongly urge the Government to consider regulation in that regard. I am grateful that he has indicated he will consider that, no doubt among other options. We believe it should be statutory. On the basis of the assurance given, we will not press the matter to a vote.
Matthew Pennycook
I thank the hon. Gentleman for that point. We will certainly go away and reflect, because it is broadly our intention to ensure that the Transport and Works Act is brought into line with other consenting regimes, not least the Planning Act regime and how that operates in respect of some of these protections. I commit to give him an answer by Report stage, either in terms of changes we think are necessary or reassurance that we do not think changes are necessary. One way or another, I will get him a clear answer on his, as I said, fair and reasonable challenge.
Question put and agreed to.
Clause 37 accordingly ordered to stand part of the Bill.
Schedule 2 agreed to.
Clause 38
Deemed consent under marine licence
Question proposed, That the clause stand part of the Bill.
Matthew Pennycook
Clause 38 allows Transport and Works Act orders to include a deemed marine licence for projects in UK waters, where a separate authorisation is currently required. That removes the need for a separate application to the Marine Management Organisation, or MMO. It allows for a single process, again similar to the Planning Act 2008, which already allows deemed marine licences. Applicants will still need to consult the MMO before applying, ensuring that proper oversight remains in place.
The MMO will continue to enforce marine licence conditions under existing powers. This is another change that we believe creates efficiencies and removes duplication. As I have said, it aligns the Transport and Works Act with the Planning Act 2008 process, making it simpler and quicker for transport projects that involve marine areas. A streamlined approval process will save time and costs for applicants while maintaining important environmental safeguards. On that basis, I commend the clause to the Committee.
Paul Holmes (Hamble Valley) (Con)
It is a pleasure to serve under your chairmanship, Ms Jardine. The Opposition wholly understand the intention behind clause 38, but I want to ask the Minister a quick question. How will enforcement responsibilities be co-ordinated to prevent confusion between the MMO and other authorities involved in Transport and Works Act orders? I accept that the core of the Bill, for good or bad, is to streamline and ensure the Government deliver their objectives quicker than at present, but can the Minister reaffirm that he is wholly assured, in line with his officials’ advice, that streamlining the process will not compromise environmental protections?
Matthew Pennycook
I can provide the hon. Gentleman with that assurance. In terms of enforcement, I assure the hon. Gentleman that if consent is granted under the Transport and Works Act, any breaches of marine licence will continue to be dealt with by the Marine Management Organisation.
Question put and agreed to.
Clause 38 accordingly ordered to stand part of the Bill.
Clause 39
Authorisation of applications by local authorities
Question proposed, That the clause stand part of the Bill.
Matthew Pennycook
Clause 39 removes the requirement that exists at present for a second local authority resolution after submitting a Transport and Works Act application, making the process faster and simpler. Currently, local authorities must achieve a majority vote from their local authority members both before and after submission of an application. Key stakeholders told us during the development of the Bill that the second resolution is unnecessarily bureaucratic and causes delays. Removing it will cut red tape and speed up transport projects. This is a simple and, I hope, uncontroversial clause, and I commend it to the Committee.
Paul Holmes
We agree with the Government on clause 39. However, if local authority members need to give a majority vote on the first round, it makes the Minister’s claim that the measure will reduce bureaucracy seem a tad overstretched. We will not press the clause to a Division, but circumstances do change between the first and the second resolution. With great respect to the Minister, it is a bit of a stretch to say that simply not putting the second resolution on the agenda of a full council meeting or committee will overwhelmingly reduce bureaucracy. On that point, as well as on the slight undermining of transparency, we seek reassurance from the Minister.
Matthew Pennycook
I thank the shadow Minister for that point. In no way am I implying that in a committee meeting, the process of putting hands up on another vote is itself onerous. What are onerous are the delays that can be caused by the need simply to reaffirm a vote that has already taken place. The Government think this is a simple and proportionate change to ensure that the Transport and Works Act is modernised appropriately.
As I hope the Committee saw this morning, the Transport and Works Act, which is over 30 years old, needs to be brought up to date and into line with other consenting regimes. Clause 39 deals with just another example of an element of that Act that requires addressing. All interested parties in a Transport and Works Act project will be able to make representations as they do now—the process will continue as it does now, but without the need for the second resolution.
Question put and agreed to.
Clause 39 accordingly ordered to stand part of the Bill.
Clause 40
Extension to Scotland of certain amendments
Question proposed, That the clause stand part of the Bill.
Matthew Pennycook
This is another example of the way in which the Transport and Works Act needs to be tidied up, because there are currently unnecessary legal duplications. We want to address those, and that is what clauses 40 and 41 do. Previous regulations under the Act applied only to England and Wales. That created dual versions of certain Transport and Works Act provisions —one for England and Wales, and another for Scotland. Clause 40 removes the duplication by extending provision to Scotland so that there is only one consistent version of the text. This is a simple procedural fix. Scotland does not use the Transport and Works Act, so the change has no practical impact there. It simply ensures clearer legislation with no unnecessary duplication.
Reducing duplication makes the law clearer and easier to apply, and simpler to understand for all applicants. It also reduces complexity for legal and policy teams, making future updates faster and more efficient. This supports the Bill’s aim of simplifying and streamlining transport laws.
Clause 41 provides a power to make amendments to primary and secondary legislation that are necessary to maintain the effect of that legislation in consequence of clauses 30 to 40. The power cannot be used to implement changes in policy or make amendments for reasons unrelated to clauses 30 to 40; its purpose is simply to ensure consistency. If any changes are needed to primary legislation that already exists or is made in this parliamentary Session, the relevant regulations will need approval from both Houses. If any changes are needed to secondary legislation, the negative procedure will apply. The inclusion of this power is a prudent, practical and reasonable step to take to ensure the most efficient legal framework moving forward. I commend the clauses to the Committee.
Question put and agreed to.
Clause 40 accordingly ordered to stand part of the Bill.
Clause 41 ordered to stand part of the Bill.
Clause 42
Fees for applications for harbour orders
Question proposed, That the clause stand part of the Bill.
Matthew Pennycook
Clause 42 amends the Harbours Act 1964 to enable fees for processing harbour empowerment and revision orders to be levied on the basis of hours of time deployed on any particular application, rather than on the basis of average costs. This is part of a package of measures that Government are taking to strengthen performance in the handling of harbour order applications, especially in England, after a backlog built up over recent years.
Relevant Departments, along with the Marine Management Organisation itself, are further addressing these challenges through various administrative initiatives alongside this provision. The clause applies to England, Scotland and Wales, consistent with the territorial extent and application of the original Harbours Act. The Bill does not determine the overall level of fees; there will be full consultation of ports before fees are altered by regulations.
Provisions for the new system of setting fees will come into effect two months from Royal Assent. To ensure that fees can still accompany harbour orders before regulations are made, the provision repealing the current power to determine fees will be commenced by regulations. The new fees system will take precedence over the current system upon the commencement of this clause, meaning that there is no practical need for the previous regime to be switched off for the new fees regulations to be made.
However, following discussion with the devolved Governments, a decision on the desired timing for this repeal in Scotland will be necessary. The Secretary of State would, as a routine matter, make the commencement order at a date chosen by Ministers in the devolved Government.
The clause further supports the Government’s growth and clean energy missions by improving the efficiency of harbour order processing, which will support our wider objective of improving transport consenting processes. I commend it to the Committee.
Question put and agreed to.
Clause 42 accordingly ordered to stand part of the Bill.
Clause 43
Installation of electric vehicle charge points
Question proposed, That the clause stand part of the Bill.
Matthew Pennycook
Clause 43 will remove the need for a section 50 street works licence when installing electric vehicle charge points on a public road, and instead allow applicants to apply for street works permits. Applying for a street works licence is costly, and it can take a long time for an application to be approved. The lengthy process of having to apply for a street works licence to install charge points on a public road is delaying the roll-out of this essential infrastructure.
The licence application process has previously been identified by installers as a significant barrier to installation. The application process and associated costs for those licences also vary greatly between highway authorities. On average, each street works licence can cost between £500 and £1,000 and take 12 weeks or longer to obtain. As a result, installing apparatus can be a lengthy and costly process, hindering the efficient roll-out of electric vehicle charge point infrastructure.
Paul Holmes
We welcome the Minister’s comments on clause 43. As we enter the world of net zero and increasing green travel, we need to have the infrastructure in place, so we support the Government’s attempts to make that easier. Whether I think electric cars are the future is not within the scope of clause 43—I declare an interest, in that I do not. I think we need to invest in other areas and that, eventually, we will see that the infrastructure simply cannot be delivered in the way that it needs to be, but that is for another day. [Interruption.] The Minister for Energy, who is doing his work in secret at the back of the Chamber, is shaking his head at me. We will have a chat in the Tea Room afterwards about how we should be investing in hydrogen instead of electric cars—but, as I say, that is outside the precepts of this clause. I will get back to the clause.
What safeguards are in place to ensure that EVCPOs meet their responsibilities, particularly when it comes to road reinstatement? I do not mean to dumb down this argument, but we have all had emails coming to our office about this: when road repair and utility companies do works, they are not often joined up. They are not often communicated to local people properly, and, when a local authority gives permission for works to be done by different utility companies, they are not often done in conjunction. An area of the road is dug up, then another organisation comes along and digs it up, and they do not put the roads back properly. Can the Minister outline whether, under current legislation, he is satisfied about that?
Companies being allowed to make these changes with reduced bureaucracy and at increased speed is welcome, but we need to make sure that local authorities use their responsibilities properly so that the consumer and the public are not put in the frustrating situation, which we have all seen before, of disruption and a lack of co-ordinated effort when utilities and other companies do works in local areas.
Olly Glover (Didcot and Wantage) (LD)
It is a pleasure to serve under your chairship, Ms Jardine. I thank the Minister for speaking to this clause, and I am pleased to say that the Liberal Democrat Benches are keen to support it. I am also pleased to agree with the Conservative spokesperson on this, although I was disappointed to hear that his preferred method of transport involves hydrogen, rather than joining me on my bicycle, which I very much enjoyed riding in his constituency a couple of months ago.
It is important that we do everything we can to support the roll-out of electric vehicles, which is essential to our goals on air quality and climate change. The United Kingdom has a long way to go, with just 20% of vehicle sales last year being electric, compared with 90% in Norway. Hopefully, these measures will help us to close the gap.
I also welcome the Minister’s assurance that this will not undermine the requirements to make sure that street works are done professionally and repaired with full competence. For any Members with an interest in the subject, the Transport Committee is doing a detailed inquiry into it. Hon. Members are right to point out that that is often a major source of frustration for our constituents. I am very pleased to support this clause.
Rachel Taylor (North Warwickshire and Bedworth) (Lab)
It is a pleasure to serve under your chairmanship this afternoon, Ms Jardine. I strongly support the clause and was really glad to see that the Electric Vehicle Association England welcomes the change. It will make it easier, cheaper and faster to install public chargers for EVs.
There is a battery assembly plant run by JLR in my constituency. We are making more components for electric vehicles, but my constituents find it really difficult to make the jump to invest in an electric vehicle, because there are just not enough electric vehicle charging points in the town centres around my constituency. Anything that makes it easier and removes the blockages will be extremely helpful.
I echo some of the points made by the Opposition spokespeople. We must make sure that the charging points are installed carefully and thoughtfully, which means taking into account the pavement requirements of pedestrians, particularly those with pushchairs or using wheelchairs. Will the Minister explain how that will be taken into account?
I definitely welcome this change, and it is a huge step forward. Particularly in more rural constituencies like mine, people need to be able to drive their electric vehicles in and out of town centres for work, and to be able to charge them.
Lewis Cocking (Broxbourne) (Con)
It is a pleasure to serve under your chairmanship, Ms Jardine. I support giving consumers choice and making it easier to install electric car charging points. This will be a massive help for people in flats—if they want to make the switch to an EV and cannot charge their vehicle at home, the more public charging points there are, the better—but we need to think about it carefully.
My constituents are fed up with multiple utility companies digging up the roads willy-nilly—sometimes, the same stretch of road. There does not seem to be any logic behind where roadworks will be, and multiple roadworks happen at the same time.
We need to issue guidance. If utility companies, councils and other authorities are going to install loads of charging points, it needs to be done in a logical way. What work are the Government doing with all the different companies and operators in this space? We do not want to see consumers turning up to different charge points that all have different connectors. We need to make this as easy as possible for the consumer, no matter what car they drive.
I reiterate that we cannot just dig up roads willy-nilly. What discussions are the Government having with the companies in this space to make it as easy as possible for consumers to access charge points?
Luke Murphy (Basingstoke) (Lab)
It is a delight to serve under your chairship, Ms Jardine. I welcome these proposals. This is a major reform that will allow the Government to speed up the delivery of vital electric vehicle infrastructure, to deliver on our climate targets and ensure that we can meet the growing demand for electric vehicles.
I share the disappointment of my hon. Friend the Member for Taunton and Wellington in the words of the shadow Minister, the hon. Member for Hamble Valley, on the future of electric vehicles. The Conservative party’s position is anti-business and anti-investment. Electric vehicles are the future, and they are going to create jobs.
Paul Holmes
I resist the temptation to say that the hon. Gentleman is picking me up on every point in this Committee. At no point did I say that I do not think we should have cleaner energy or better, cleaner and greener vehicles. I happen to think that the investment that is needed to bring the infrastructure up to scratch, alongside the emissions caused by the technology that is used in the creation of these electric cars, means that we need to diversify and find other ways to have cleaner cars.
In no way should the hon. Gentleman interpret my words as being anti-business. In fact, other areas, particularly the hydrogen sector, will deliver much more business investment in my constituency of Hamble Valley, and in his constituency of Basingstoke, through the proposals coming forward with the energy companies in the Solent.
Luke Murphy
I thank the shadow Minister for his intervention. I do not disagree. Instavolt, one of the largest public electric vehicle rapid charging network providers in my constituency of Basingstoke, fully supports these proposals.
The reason why I think the Conservative party’s position is anti-business and anti-jobs is that businesses are crying out for certainty—they want certainty about the transition, not big question marks about the future. I support the removal of the need for a street works licence under section 50, which will cut down on paperwork and costs. I echo the remarks of my hon. Friend the Member for North Warwickshire and Bedworth on accessibility, but I support this proposal, which will allow us to speed ahead and build a world-leading charging network.
Nesil Caliskan (Barking) (Lab)
It is a pleasure to serve under your chairship, Ms Jardine. I echo the points made by other colleagues: I absolutely support the roll-out of electric vehicles, which is more likely due to this change. To be clear, I think local authorities will welcome it. They have long been frustrated by the current framework, which means that as they seek to roll out electrical vehicle charging points they are met with a planning system that prevents them from doing so at the necessary scale. Clause 43 removes the burden from local authorities and also from individuals, who often want to purchase an electric vehicle but think twice because being able to get a charging point in the convenience of their individual home is too difficult.
Finally, the point about cost is important. When we speak to companies that manufacture vehicle charging points, they are clear that the number of installations helps them to reduce the cost per head. This measure will mean that it becomes easier to install at a faster pace, with the hope that the overall cost will be reduced. I support the measure and think it will be a crucial step in this Labour Government’s important mission to reach net zero.
Matthew Pennycook
I welcome the broad support on both sides of the Committee for the intended purpose of the Bill, which will mean that companies installing EV charge points can do so, as I have argued, using permits available online across England, and will no longer have to apply for costly licences, which can take several months to obtain, via a range of different local authority processes. That will speed up the installation of on-street EV charge points and help local authorities to co-ordinate works with other roadworks. I think the use of that digital platform will help local authorities to have an overview of all the installations taking place in their areas.
A number of points have been made. The hon. Member for Broxbourne raised the issue of street works and digging up roads. While I take his point, there is a difference between the installation of EV charging networks and general utilities works, and there is more that can be done to manage that process. If he will allow me, because it is a slightly separate issue, I am more than happy to set out for him in writing what the Government are doing on that particular point.
In general, however, the concerns I have heard relate to safeguards. There is a separate point about whether members of the Committee believe that the existing statutory requirements are fit for purpose or need to be reformed, but I want to make clear that this clause will ensure that the statutory requirements that are in place continue to apply to EV charge point installers. We are not losing any of the existing safeguards, including guidance and safety codes, so the inspections and reinstatements will continue to apply and installers will be obligated to keep their apparatus in working order. In addition, existing regulations already require installers to provide annual reports to the Secretary of State on the reliability of their network, and investigatory powers and sanctions are available to deal with non-compliance.
In relation specifically to pavement access, EV charge point operators will still need to comply with the safety code of practice, which sets out the requirements to ensure access while works are taking place. I can give hon. Members assurance on that point. I hope I have set out that existing statutory requirements will continue to apply, so no safeguards are lost; in moving from a street works licence to a permit, we are just ensuring that we can make it far easier for charge point operators to roll out vital infrastructure.
Question put and agreed to.
Clause 43 accordingly ordered to stand part of the Bill.
Clause 44
Fees for planning applications etc
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss Government new clause 39—Surcharge on planning fees.
Matthew Pennycook
We turn to part 2 on planning, chapter 1 of which relates to local planning decisions. Clause 44 seeks to introduce, through regulations, the sub-delegation of planning fees to local planning authorities. It is an important change, and we feel it needs to be made. We know that a lack of capacity and resources in local planning authorities and among statutory consultees leads to delays in decision making and in the delivery of housing and economic growth.
I hope the Committee is aware of the changes that the Government are making, outside the scope of the Bill, to enhance local authority capacity and capability. The Chancellor has announced a £46 million package of investment into the planning system as a one-year settlement for 2025-26. On 27 February, the Government announced funding to support salaries and complying graduate bursaries to help with our commitment to appoint 300 new planning officers in local planning authorities. We have made changes, through regulations, to increase planning fees for householder and other applications, with a view to providing much needed additional resources for hard-pressed local planning authorities. More broadly, the Department’s established planning capacity and capability programme is delivering a wider package of support.
For local planning authorities, fees are an important contributor to resourcing requirements. Planning application fees are set nationally, and they are intended to cover the cost to a local planning authority of processing and determining a planning application. However, as things stand, the fees do not fully cover the costs of providing the service. Based on the most recent local government spending data for 2023-24, that has led to an estimated funding shortfall of £362 million per year. It means that local authorities are not adequately equipped to deliver an efficient planning service to developers and investors.
Clause 44 will tackle the problem by enabling local planning authorities to set their own planning fees and charges to cover their costs. It will do that by allowing the Secretary of State, through regulations, to sub-delegate the setting of planning fees and charges to local planning authorities. Allowing local planning authorities to set their own planning fees is the most effective way to increase resources in a manner that responds to the individual circumstances of each local authority. It will help to address capacity issues in the planning system by ensuring that planning authorities are adequately funded to deliver vital services.
We are also introducing safeguards to ensure that the fees are reasonable and directly invested in improving planning performance, and that they are not used to fund other council services. Planning fee charges will not be able to exceed the cost to local planning authorities in determining a planning application. That will prevent disproportionate or unjustifiably high fees being set. That is an important point, because one of the concerns we have had is about the ability, without the provision being in place, of local authorities that do not want to see development to set extremely high fees to deter applications. To ensure transparency, local planning authorities will also be required to consult on any fee increases and publish evidence to justify the fees that they charge. Finally, and most importantly, income received from planning fees will be ringfenced, as I have said, so that it can only be used in the determination of planning applications.
Clause 44 is another crucial step towards a more responsive and efficient planning system. I hope we can all support it. I therefore commend the clause to the Committee.
Government new clause 39 seeks to introduce a new sustainable funding model for the statutory consultee system. Alongside local planning authorities, statutory consultees play an important role in the planning system, providing expert advice and information on significant environmental, transport, safety and heritage issues to ensure good decision making.
However, it is a concern that the statutory consultee system is not currently working effectively. The concerns expressed by local planning authorities and developers about the operation of the system are wide-ranging. They include statutory consultees failing to engage proactively, taking too long to provide advice, re-opening issues that have already been dealt with at a plan-making stage, submitting automatic holding objections that are all too often withdrawn at a late stage in the process, and frequently issuing holding responses that allow statutory deadlines to be met while seeking over-specific levels of information from developers over long timeframes. All of those concerns can cause substantial delay and uncertainty for applicants.
The Government are determined to return the statutory consultee system to meeting its goal of supporting high-quality development through the swift provision of expert relevant advice to inform decision making. In March, I set out a number of steps that we are taking to achieve this in England, including ensuring that the statutory consultee system works to support development and economic growth, limiting the instances in which statutory consultees should be consulted, changing the performance management of statutory consultees and, finally, developing a model to support sustainable funding.
The new clause will allow the Secretary of State to make regulations to apply a surcharge to planning application fees. This would apply to development that is permitted by local planning authorities, and to other bodies that are able to charge planning fees under the Bill. It will be used to fund bodies, such as statutory consultees, that provide advice and ancillary support that enables good decision making.
Through regulations, we will develop detailed proposals that will establish the level at which any surcharge would be set, and the types of planning application it should be applied to. In doing so, we will be highly conscious of the need to balance the burdens that we are placing on developers with the benefits that will accrue to them through a more effective and efficient planning application system. We will consult on such proposals before any regulations are introduced.
I note that statutory consultees can already generally secure payment for voluntary pre-application work, and that will continue to be the case. A new funding mechanism for statutory consultees, alongside the sub-delegation of planning fees, as per clause 44, will allow us to address capacity and resourcing issues, and support a faster and better quality decision making process. On that basis, I urge the Committee to support the clause and the new clause.
David Simmonds
I know that my hon. Friend the Member for Hamble Valley wants to raise some points, but I want to ask a couple of slightly technical questions.
The first relates to clause 44(6), on directions in relation to planning fees. The publication of a schedule of planning fees is part of the statutory council tax-fixing process, which every local authority is required to undertake. As we hear from our residents, that generally takes place in February and comes into effect at the start of the following financial year. If a local authority publishes its proposals, as the Minister described in respect of cost recovery, it needs to be confident that any change—in the form of a direction from the Secretary of State—will come in a timely manner that enables further consultation so that the lawful council tax fixing can occur. What provisions will be in place to ensure that any objection from the Secretary of State will come in a timely manner?
My second slightly technical question is this. My experience of planning authorities is that there is huge variation in their cost bases. That partly reflects a shortage of staff, but it also reflects different local arrangements. An authority with large numbers of householder applications may use an outsourced service to process them at a relatively low cost. However, if senior, experienced, in-house planning officers are responsible for managing all planning applications, that will significantly increase the cost. Neither of those things is illegitimate; each is a manifestation of the democratic decision making of elected politicians about what is appropriate for their community.
It would be helpful to understand what process the Secretary of State will go through in determining what a reasonable level of planning fees is. For example, will she consider the requirement for specialist input at a technical level because there is a significant amount of radon gas, which is found in certain challenging sites because of their topographical nature? Whether there is a requirement for remediation and specialist consultancy will be critical to a proper assessment of that planning application. Other local authorities may have development opportunities of a different nature. Will the Minister set out his thinking on that? That would be enormously helpful.
Rachel Taylor
When the Committee met the witnesses a week or so ago, we touched on section 106 agreements and the role of planning authority lawyers in that process. I think that the fees for processing and determining applications include the process for agreeing a section 106 agreement. Is it the Government’s intention to include costs arising from the legal department’s time and efforts in determining those applications in the ringfenced planning application fees? I am aware that there is a severe shortage of qualified and experienced property lawyers in both local authorities in my constituency, as well as a shortage of planning officers.
Gideon Amos
I rise to support the thrust of clause 44. For a very long time, we Liberal Democrats have called for local authorities to be free to set their own fees for planning applications, so we welcome the approach.
I seek a couple of clarifications from the Minister. Does clause 44 refer to planning applications and not to listed building consent? I think we all share a desire to keep listed building applications free of charge, so will the Minister let us know about that in due course? Local authorities are struggling for funding. In my own Somerset council, £2 out of every £3 of council funding is spent on care for adults and children, leaving £1 out of every £3 provided by council tax for everything else, including planning, housing, enforcement and environment, so funding is crucially needed.
Somerset council has asked for the freedom and flexibility to set its own planning fees. One challenge it faces, in common with other planning authorities and planning departments, is the market rate paid to professional town planners, who frequently find that the level of remuneration in councils is worse. Will the Minister confirm that local authorities will be free to set salaries above the market rate to attract planning officers in circumstances when the market conditions make that necessary? The Minister may not wish to answer all my questions now, but I hope that he can address them at some point.
Jim Dickson (Dartford) (Lab)
It is a pleasure to serve under your chairship, Ms Jardine. I fully support what the Government intend to do in this clause. Those of us who have worked in local authorities or have supported the development industry over many years will know that there are many occasions when statutory deadlines are not hit, reports do not go to committee at the right time to enable consent within an agreed timescale, and reports have to be deferred because they have not been written well enough by an overstretched planning department.
I have a couple of questions for the Minister about the arrangements that will be introduced through this legislation. Will there be a backstop for local authorities that do not put a regime in place? Will he consider allowing local planning authorities and developers to agree bespoke fees for applications to be determined on a shorter timescale? Is the use of planning performance agreements, which are currently in common use, affected by the new legislation? What performance management arrangements do the Government want local authorities to put in place to justify the fee changes?
Paul Holmes
I welcome what the Minister has to say about this clause. In common with other hon. Members who have spoken, we welcome the general gist of permitting regional variation to planning fees as a general principle. In theory, that will create opportunities for local planning authorities to set their rates at a level that works best for them. How will the Government ensure consistency and fairness in planning fees across different local planning authorities, particularly for developers operating in multiple regions? Does the Minister have any thoughts on that?
In considering the need to support local planning authorities, what support will be provided to them to accurately calculate cost recovery levels and comply with consultation and reporting requirements? Given the ever-changing and growing costs to local planning authorities, which we all recognise, how frequently will they be allowed or required to review and update their planning fees?
Luke Murphy
I, too, rise to support the measures. The Committee heard evidence from developers that they do not at all mind paying higher fees as long as they get a fast, quality service that delivers quicker and better outcomes for everyone involved.
We know that planners are absolutely vital to planning the future of our communities, the places where we will live for years to come, and they cannot do that on a shoestring. For too long, we have seen many local planning authorities unable to cover their costs, which causes delays and cuts and has led to a doom loop in the planning system. It is great that the Government plan to give control to local planning authorities, with the safeguards that the Minister has set out, to set their own fees and ensure that we can have the proactive, effective and fast planning system that we all want.
Matthew Pennycook
I will set out a couple of points in response to questions raised by hon. Members. If I miss anything, I am more than happy to follow up in writing on the technical detail, including on some issues that sit outside the scope of the clause but are pertinent.
For example, the Liberal Democrat spokesperson, the hon. Member for Taunton and Wellington, raised the issue of salaries that could be paid to local planning department staff. That will be a consideration for local planning authorities attracting talent. He is right that over recent years we have seen, for a variety of reasons, a bleeding out of talent, particularly to the private sector. There is a challenge in attracting the requisite skills into the public sector to ensure that we can take our planning reforms forward.
The purpose of clause 44 is to allow the Secretary of State, through regulations, to delegate the power to set planning fees and charges to local planning authorities. It will be up to local planning authorities whether to set their own fees or remain on what will essentially become a default national fee rate. We will carry out a national benchmarking exercise, including engagement with local authorities, to ensure that the default rate is at an appropriate level.
For the process by which local authorities can set their own fees, if that is the route they want to take, the Bill has a number of safeguards to ensure that fees are not set too high. In the first instance, local planning authorities will be required to undertake public consultations and publish information to justify any local fees prior to their introduction. To respond to the hon. Member for Ruislip, Northwood and Pinner, that is in the process in which local planning authorities would be able to evidence particular challenges in their area that require them to have a skillset and resource base slightly different from those of other local planning authorities, but that would have to be properly justified.
For objections, there will be a process by which the Secretary of State can intervene and direct local planning authorities to amend their fees or charges when those have been set at an inappropriate level. I note the point, well made by the hon. Member for Ruislip, Northwood and Pinner, that such directions—that intervention—would have to come at a point that allowed a local authority to ensure that the changes were made in a timely manner relative to its other financial responsibilities.
Any hon. Member is free to intervene if I have missed a point, but I hope that I have broadly reassured the Committee that the clause will provide for those who want to set their own fees—although I stress that an authority can remain on the national default rate if it wants—so that the fees can more fully reflect the cost of processing applications and thus ensure that we are providing a timely service. It is a beneficial change.
Gideon Amos
The Minister is generous in inviting interventions; I rise to make a small one. I technically ought to declare that I live in a listed building—a fairly shabby one—but that is not the only reason why I wanted to listed building consents to be free.
Matthew Pennycook
On that point I should say, although I hope this was implied, that we will set out detailed processes in the regulations. We will absolutely take into account points that have been made today. I give the hon. Gentleman my undertaking that the specific issue that he raises will be fully considered as part of that process.
Lewis Cocking
I have a question to gain clarity for local authorities. Will the Minister request local authorities to submit how much they spend on planning currently? If the increase in fees is to go into additional planning service, I would not want to see local authorities moving money out of their planning services now, and then charging additional fees so that the services still had the same budget. I hope I have explained that point sufficiently. Will he ask local authorities to submit how much they spend on planning now, to ensure that the additional fees that they will be able to charge go into additional service?
Matthew Pennycook
That is an interesting point. That would be a fairly extreme measure for a local authority to undertake but, if I have understood the hon. Gentleman correctly, it could drain its planning department budget, foreseeing that it would be able to set a fee at an appropriate rate to make up for that, and therefore in a sense evading the clear stipulation that we have here to ringfence planning fee charges to the provision of planning services. I will say a couple of things on that basis.
As I said, local planning authorities will have to consult publicly and test their fee level. As part of that, they will have to consider the benchmarking exercise that we will undertake for the default national rate—so we will have a sense of what different local authorities are charging. However, if the hon. Gentleman will allow me, I shall go away to reflect more fully on how—as I hope is clear we have been thinking today—local authorities without the best intentions might seek to game the system.
Matthew Pennycook
The final point I will make before giving way is that, were a local authority to seek to evade that ringfencing provision by reducing the amount of resource going into its planning department—a not particularly sensible route to take—and then, potentially, it were not able or allowed to charge a fair and proportionate fee set in that regard, it would come under the usual planning performance dashboard, where the Department can look at the local authority for not providing a timely service or performing appropriately. As the hon. Gentleman knows, a set of intervention powers would be available to national Government, were that the case.
It is far more likely, however, as we have heard from local authorities, that they would use the power to set local fees that reflect the cost of services, using it to bring more resource in and—generally, this is what they want to do—to start processing applications in a more timely manner than they can now.
David Simmonds
The Minister’s response has been excellent. Clearly, there will be a number of different arrangements at a local level. That should encourage us, as a Committee considering the legislation, to reflect a little further.
In the example that the Minister talked about—the behaviour of local authorities—it may not be about those who have ill intentions. Some local authorities may have a planning and building control department—although the two regimes are separate, there is great commonality of skills—while others may have outsourced one or both those functions, or have them in-house but entirely separate.
As part of the published council tax fixing, there is a requirement to set out a schedule of fees for building control. Some local authorities may choose to bundle that together, so when people put in a planning application, they pay for both; but others may do that separately. Some developers, including householders, may choose to purchase the building control privately, even though they could purchase it from the local authority. A lot of factors will determine what a reasonable cost base is. It would help if the Minister shared with the Committee some further thinking on how the Government might seek to establish a baseline, in particular in the light of potential challenges in the future by developers who feel that the level of cost at a particular spot is other than reasonable.
I press the Minister a little on how that interacts with two further points that he made. Government new clause 39 refers to the power of the Secretary of State to implement a surcharge as a percentage of a planning fee that has been set. From what I understand of what the Minister said in his commentary, that will principally be to fund the work of the statutory consultees. Clearly, the imposition of a surcharge will then form part of the planning fees that have to be part of the statutory consultation on the legislatively fixed timetable that the local authority has to follow. How will the Government ensure that that timetable is respected, so that they themselves are not subject to the challenge?
Matthew Pennycook
I thank the hon. Gentleman for pressing those two points. I am more than happy to come back to the issue in more detail, but as a general point, a lot of further detail is yet to come post consultation and the regulations’ being laid. We will provide further detail then on some of the technical questions as to how the power will be implemented.
The surcharge introduced by Government new clause 39 will provide the ability to fund the statutory consultees and other bodies that provide assistance and advice in relation to the planning application process. For example, we may wish to fund training and guidance for local planning authorities so that they can better engage with statutory consultees. However, the surcharge, which, as he rightly says, comes as an additional amount on top of the fees for processing applications, is very much intended to address the particular challenges that we are facing in terms of how statutory consultees are able to engage with the process in a timely manner, so that we get that advice up front.
David Simmonds
May I press the Minister a little further? That is a really helpful answer in illuminating the Government’s thinking, but could he explain to the Committee how that will interact with the existing arrangements for planning performance agreements, which are very common in respect of larger-scale planning applications? Clearly, if a developer required to engage with all this wider statutory-consultee process is already entering into a voluntary agreement with the local authority to fund the process, there is a risk that that will have an impact. It risks either reducing the ability of the local authority, because that surcharge is effectively being taken by the Secretary of State, or increasing the cost base and therefore opening up the question whether the planning fees are reasonable in the first place.
Matthew Pennycook
I would say two things in response to that, and then perhaps, Ms Jardine, in the interests of making progress on the Bill, I will happily write to the Committee to set out further details of the operation of the surcharge.
First, on how the surcharge will be processed and distributed, it will, as the hon. Gentleman rightly says, be paid by the person collecting the fee to the Secretary of State in a manner and at a time prescribed by regulations, which are forthcoming. Outside the regulations, the proceeds will then be earmarked for distribution to bodies that provide advice and assistance in the planning process, including by way of consultation responses.
Secondly, the question has been asked several times whether the Government have properly considered the cumulative impact of fees and charges—are we getting the fees right? We are very aware that the surcharge will increase the fees that are already out there—it is an additional levy in that sense—and that other measures in the Bill may already result in fee increases. I repeat that we are committed to consulting on the proposed rates and the type of application that this should apply to—not least to allow the development sector to fully engage with those proposals.
On that basis, I think it would help the Committee if I set out later—chapter and verse—how we think both the clause and the surcharge will operate, on a very practical basis, and how local authorities can understand the Government’s intent in bringing them forward.
Question put and agreed to.
Clause 44 accordingly ordered to stand part of the Bill.
Clause 45
Training for local planning authorities in England
Ellie Chowns (North Herefordshire) (Green)
I beg to move amendment 152, in clause 45, page 58, line 3, at end insert—
“(c) require that any training accredited under this section includes content on—
(i) inclusive design principles in the built environment;
(ii) the requirements and intent of Approved Document M, Volume 1: Dwellings of the Building Regulations 2010, with particular emphasis on the M4(2) accessible and adaptable standard and the M4(3) wheelchair user standard;
(iii) the requirements and intent of Approved Document B of the Building Regulations 2010;
(d) require that all members, elected members, and officers of a relevant local planning authority who carry out any function relevant to planning undertake mandatory training comprising the content set out in paragraph (c).”
The Chair
With this it will be convenient to discuss the following:
Amendment 49, in clause 45, page 58, line 15, at end insert—
“(7A) This section applies in relation to a relevant planning function conferred on a mineral planning authority as if references to a local planning authority were to a mineral planning authority in England.”
This amendment has the effect that (if regulations under inserted section 319ZZA of the Town and Country Planning Act 1990 are made) members of a mineral planning authority in England who have not completed any training required by the regulations will be prohibited from exercising certain mineral planning functions on behalf of the authority.
Clause stand part.
Ellie Chowns
It is a pleasure to serve under your chairship, Ms Jardine. I did not prepare anything in advance—apologies—but I do think it is important for the Committee to consider amendment 152, tabled by an hon. Member from another party. The amendment asks the Government to consider using the opportunity offered by the Bill to ensure that the training provided—which is essential for those involved in planning decisions, whether elected members or officers—includes a specific focus on accessibility.
This is a really important issue. If we are to be an inclusive and equitable society, it is vital that planning decisions are made in a way that takes into account the importance of accessibility. It is also an increasing issue. We are an ageing society: in 2022, 19% of our population was over the age of 65, but in 50 years’ time that will be 27%—half as many people again. We know that disability is associated with age; we know that 45% of people over the age of 65 report a disability, and half of those disabilities are mobility-related. So, accessibility of buildings—accessibility of all the areas that come within the remit of planning decisions—is a crucial aspect.
I ask the Minister to comment on the suggestion made in amendment 152. Does he recognise the importance of these issues? Would he consider taking this away and exploring whether the clause could be amended to make this minor but important additional change, to ensure that all planning decisions going forward recognise the importance of accessibility?
Jim Dickson
Just before I speak to the amendment, I will say that I fully support what the Government are doing here. As a former member of a local authority, I have seen good training, but in other contexts I have also seen very poor training for planning committee members. I know that most local authorities have a scheme in place, which is obviously welcome, but it is variable. Having some national guidance and trialling it in legislation is extremely important.
My point on the amendment is that accessibility is vital. I hope it will appear in guidance that the Department produces further to the legislation. We might wish to see a whole range of other considerations in that guidance, too, but I hope this one will be in there. Perhaps the Minister will reassure us that these important issues will be included in guidance. He might make the case that it is much better to have them in guidance because it can be changed regularly, rather than in primary legislation, which is changed via a much more torturous process. It would be interesting to have the Minister’s insights on the full range of the guidance.
Lewis Cocking
It is a pleasure to serve under your chairmanship, Ms Jardine.
I have a few questions for the Minister. I am pleased to see this clause. When I was leader of Broxbourne council, we changed the council constitution to do exactly what the Government are trying to do here. I want to know how many local authorities will be affected, because I know that many of them already have mandatory training for planning committees in their constitution.
What I have not seen in the Bill is how often council officers will be required to carry out the training—will it be once per term of office, which means once every four years, or annually? I cannot seem to find any detail on when elected councillors will be required to do the training. I would like the Minister to comment on what he envisages as a workable interval. Obviously the training has to be timely, because there are always changes to the national planning policy framework and local plans, but not too exhaustive, so that councils can still make planning decisions.
The Minister speaks about speeding up planning decisions. I would not want councils to fall into the trap of not having enough people with the right certificate, and the right training at the right time, to carry on their quasi-judicial function of planning. I should be grateful for the Minister’s comments.
Rachel Taylor
Amendment 152 is well intentioned and sets out a number of matters that planning authorities should take into account when organising training. There are also other aspects of the planning process to consider, including how we make better provision for electric vehicles. The last major piece of planning legislation from 1990—it has endured for 35 years—is very prescriptive about the content of training for members and officers, but it will be extremely difficult to encapsulate everything that is needed.
I certainly think that the requirements for people with disabilities and for climate and nature are sometimes conflicting. I have seen a number of planning schemes where trees are put in the middle of the road or pavement. Although those environments look nice, they do not accommodate people with disabilities, such as sight or mobility problems.
We have to adapt as things move on, and this is exactly the sort of thing that I would ask the Minister to consider in guidance that could be regularly updated, as opposed to it forming part of the Bill. I certainly support the amendment’s intention, and I am grateful to my hon. Friend the Member for Shipley (Anna Dixon) for tabling it.
Gideon Amos
I rise to support amendment 152. The Liberal Democrats have a similar measure on the amendment paper, new clause 11, which also refers to the accessibility of housing. We are pleased to support this amendment, and we support training for planning authorities in general. In the Minister’s summing up, can he address the concern of some organisations that, as well as accessibility, the training needs to include conservation and heritage?
Paul Holmes
Clause 45 relates to mandatory planning training, which is long overdue. It could be a huge benefit to local planning authorities to have trained planning committee members.
When many members of the public—and many Members of Parliament—saw the mandatory training element of the Bill, they probably shouted, “Oh good God, thank you!” There is a massive variation in the outcomes of planning committees, as we will come to in debates on other clauses where we disagree with the Government on planning committees. To strengthen planning committees and ensure that they all perform—and that members of planning committees perform to the best of their ability and are trained to make the complicated decisions that local planning authorities and committees have to make—is a good thing.
I declare an interest that, as a former chair of a planning committee at Southampton city council for two and a half years, I really enjoyed the training. The planning training at the time, when the council was under Conservative control—I will say that it does it now under Labour too—was automatically given to newly elected councillors on the committee. It was exemplary.
Councillors could not pick and choose whether to go. Instead, the council very clearly said from an early stage, “If you do not attend this training, we will not defend any decision that you make, and we will not put you on the planning committee, despite the best wishes of group leaders from all parties.” That is a commendable approach, and one that I know other local authorities also take.
Planning decisions are sometimes the most user-friendly decisions that are made; although they are not necessarily the most important, they are where a local resident will have the most interaction with their local authority. Apart from when a bin is not collected—or, in a unitary or county council, when someone is going through problems with education or an education, health and care plan—planning decisions are the bread and butter of the public facing element for locally elected politicians.
Later in Committee, we will talk about how the Opposition feel that the Government are trying to take some of those responsibilities away, but the precept of this provision to allow locally elected councillors to have the best training that could possibly be provided, so that they make decisions that they are proud to stand by and are legally defensible on appeal, is long overdue and is of huge benefit to local authorities. We welcome clause 45.
On Government amendment 49, the Minister may forgive me a slight rant. I absolutely agree with this amendment on mineral planning authorities. I suggest that officers and managers of highways authorities, particularly those in Hampshire, should also undergo some training, given how woefully Hampshire county council officers have dealt with a mineral extraction facility in Hamble in my constituency. I know that the Minister cannot comment on that in his semi-judicial capacity, but I can because I do not have those responsibilities.
Locally elected councillors, who should make the decision and have had the proper training, refused Cemex’s application. When it came to appeal, local planning officers removed the rug from under people’s feet by refusing to defend that decision, so the local community has had to find £75,000 to try to defend it—thank God for the constituents of Hamble who are defending it. I know that the Minister cannot comment on that case, and I am being slightly facetious, but perhaps we need an audit of the way that officers engage their responsibilities as mineral and waste planning authorities. Other Committee members are aware of the case in Hamble, and, although I will not ask them to speak on it, I know they will be sympathetic to my call.
I thank the hon. Member for North Herefordshire for moving amendment 152 on behalf of the hon. Member for Shipley. It is well intentioned, but it would create a burden that is already met by national equality and planning legislation, as well as local authority planning guidance and locally set planning regulations. This is a slight role reversal, but I hope that the Minister will agree—I am not writing his lines for him—that accepting the amendment would create more bureaucracy for councillors on planning committees.
There is already provision, through national guidance, national legislation and local guidance, to ensure that developments are accessible and that accessibility is at the forefront of any proposed development. The Opposition do not support the amendment, because we believe that we have made great advances over recent decades in ensuring that developments are accessible and that local authority members and planning officers take very seriously their responsibilities when it comes to accessibility in the planning system.
I wholly welcome clause 45, which is a great thing for the empowerment of local authority councillors. It will bring councillors, their constituents and their residents closer together. Some of the most difficult decisions that I had to defend in my time as a councillor were those I took on planning applications as chair of the planning committee, particularly on the big blue IKEA in Southampton, which other hon. Members might have been to. Yes, I did that—I am looking to other Hampshire Members, who may have been there.
That decision was controversial, but I was able to defend it because I had had the training. When some of my or my committee’s decisions were challenged, I had a detailed knowledge from that planning training, which officers provided, so I could be questioned at appeal and make sure that the decisions were sound. We lost a few, but we defended a few; that is the nature of local democracy. I say to the Minister that I am deeply encouraged by clause 45, which we wholeheartedly support. We do not accept amendment 152. We wholly agree with Government amendment 49.
Matthew Pennycook
I welcome the considered and thoughtful contributions from hon. Members on both sides of the Committee. I will set out the purpose and effect of the clause, address amendment 152 and speak about Government amendment 49.
As we heard in the contribution of the hon. Member for Hamble Valley, planning is principally a local activity, because decisions about what to build and where—although not decisions about whether to build at all—should be shaped by local people. That is why we believe that planning committees have an integral role to play in providing local democratic oversight of planning decisions. As I have said, I have been a local councillor and sat on planning committees, as have many Committee members—the hon. Gentleman just set out his experience. Planning committees are comprised of dedicated elected members, and in most instances the decisions are well informed and robust.
It is, however, vital that in exercising their democratic oversight, planning committees operate as effectively as possible, focusing on those applications that require member input and not revisiting the same decisions. One of the ways we want to achieve those outcomes is by ensuring that all planning committee members receive adequate training to support their important work, which can be extremely complex when it comes to certain challenging applications.
The hon. Member for Broxbourne rightly made the point that lots of local planning authorities already have some form of mandatory training in place. Data from the Planning Advisory Service suggests that more than 80% of councils do, but a percentage do not, and approaches to training vary quite widely across the country. That leads to inconsistencies in knowledge relating to planning law and in practice among planning committee members, which obviously has an impact on their ability to apply the relevant laws and policies when making planning decisions.
David Simmonds
I am struck by the Minister’s point about the need for consistency. We will all be conscious of the level of inconsistency in delegated planning decisions, which make up around 95% of decisions on planning applications. Does he have a programme in mind to achieve the level of consistency for those decisions that this measure will bring to decisions made by democratically elected members?
Matthew Pennycook
If I could probe the hon. Gentleman in turn, does he mean consistency in the decisions made by expert planning officers rather than on individual planning applications?
David Simmonds
Actually, the answer is both. We will all know of people’s experience with local authorities: they meet a planning officer to discuss a delegated planning decision and they receive advice, but when it is submitted, it is considered by a different planning officer who takes a completely different view. Given that that is how the vast bulk of planning applications are dealt with, if the Government’s aim is to bring consistency and certainty to the process—it is a laudable aim—it will be necessary to focus on the more than 90% of decisions that are already made under delegated powers, as well as this measure, which is for that small number considered by the planning committee.
Matthew Pennycook
That is a fair and reasonable point. If the hon. Gentleman will allow me, I will write to him to set out the Government’s thinking on that issue. If it is available—I fully expect that it will be— I will give him some sense of the level of refusals on appeal for decisions made by committees versus decisions made by expert planning officers, which I think would be relevant. In general terms, in many instances, we think that expert planning officers have the relevant expertise to make good decisions on the basis of planning law. We are trying to ensure through this clause that elected members also have that experience in place through mandatory training.
As has been rightly said, the clause is about building on existing good practice—there is very good practice out there—and ensuring that it is implemented consistently across the country. It is worth noting that mandatory training for committees was strongly supported by the sector as a whole in the responses to the planning reform working paper where we set out ideas in this space, lots of which we are taking forward.
We will introduce regulations to specify which planning functions are covered by this measure, what the training looks like—its nature and content, and how it will be delivered—and details about the certification process. Those regulations will be subject to further engagement with the sector and I will reflect on all the points that have been made today.
Paul Holmes
The Minister is being very kind; he just mentioned a point that I forgot to mention. I do not expect certainty, and he has said that he is bringing forward regulations, but what work has the Department already done with organisations that may have the capacity and the desire to provide that training to local authorities?
There may be situations where a planning officer within a local authority may be confident that they can provide that training, as was provided to me, but we also had the Local Government Association and other private KCs—QCs at the time—who could be paid to provide training. How does the Minister anticipate the training will be provided and by whom? Has his Department started the work to see what parties might be interested in providing the training?
Matthew Pennycook
We have had a huge amount of engagement with the sector, both in working up the proposals and in the feedback that we have received to the planning reform working paper. The hon. Gentleman will also be aware of the Planning Advisory Service that already provides local authorities with support, and there are other organisations in this space that have a direct interest in planning and training. I am happy to provide him with further details if he wishes but, as I say, through the introduction of regulations, further detail will be forthcoming.
I should mention—Opposition Members will particularly enjoy this one, I think—that the Mayor of London can act as a local planning authority in respect of applications of potential strategic importance, so the training requirement will apply to him too.
Paul Holmes
I might as well pack up and go home— I did not hear any “hear, hears” in response to that—because the Minister has given us the best news that the Mayor of London requires planning training, after the failure of his authority to deliver the housing numbers that it wants and now the announcement that he thinks that he has carte blanche to build over the green belt with his blessing and that of the Secretary of State. I am delighted that under a Labour Government’s proposals, the Labour Mayor of London might actually learn something about planning in his authority.
Matthew Pennycook
What is there to say to that? In no way did I imply that the Mayor of London requires planning training—I think he has had extensive planning training—but the training requirement set out in this clause will apply to him, because he acts as a local planning authority in respect of applications of potential strategic importance.
Likewise, it will apply to mayors of combined authorities and combined county authorities where they have functions corresponding to the Mayor of London conferred on them. The requirement will also apply to any persons authorised to act on their behalf, including, for example, deputy Mayors in London and other such figures. A mandatory requirement for training in planning matters will improve the overall decision-making process and decrease delays in delivery of much-needed homes and other crucial developments.
Before I turn to amendment 152, I will address a very well made point raised by the hon. Member for Broxbourne. Through regulations, we will set out the timing of when training is required, but he asked an important question about what happens if training is not in place when a decision is required and whether that would stall the process. As he will know, local authorities have their own codes of conduct. We trust local authorities to ensure that committees are carried out in accordance with the rules and regulations set out by the clause. We are aware of the need to ensure that undue delays are not caused, so for that reason any decision reached by members who are in breach of the measure will not be invalidated, but the requirement will still apply to local authorities. We are reliant on their code of conduct to enforce it.
Amendment 152 was tabled by my hon. Friend the Member for Shipley and spoken to by the hon. Member for North Herefordshire. As other hon. Members have said, it raises the excellent point that development must form an inclusive and safe environment for everyone. We wholeheartedly agree that that is of paramount importance.
The national planning policy framework makes it clear that planning policies and decisions should ensure that developments create places that are safe, inclusive and accessible. We want to ensure that our mandatory training supports members of local planning authorities to make decisions properly, in accordance with the relevant planning policies, including those I have just mentioned, and other material considerations. That is why we will work closely with the sector to design the mandatory training.
We do not think it is necessary to specify details of all the matters covered by mandatory training in the Bill, as to do so would be exhaustive and would pre-empt the forthcoming regulations and the further detail that I have referred to. I assure the hon. Member for North Herefordshire and my hon. Friend the Member for Shipley, who tabled the amendment, that we will consult on the content of the training to ensure that councillors are appropriately supported in making decisions in this area.
Gideon Amos
I invite the Minister to go slightly further. Will he say today that the regulations will include the requirement for both accessibility and heritage training?
Matthew Pennycook
The hon. Member understandably tempts me to start to specify what will be in the training, but I will not do that. Further details will be brought forward in due course, but I have certainly heard the case made by Committee members about what the training should include in respect of accessibility and other issues.
Finally, Government amendment 49 is a minor and technical amendment that clarifies that members of mineral planning authorities should also undergo training in planning matters. Mineral sites deal with complex planning issues, so it is only right that members of mineral planning committees, acting on behalf of mineral planning authorities, should be included in the requirement to undergo relevant training.
Along with amendments 50 and 51—which we will come to shortly—this amendment clarifies the position of mineral planning authorities for the purposes of the Bill. To be clear, we want to remove any doubt as to the requirements of the Bill with respect to the training of members of mineral planning committees, and that is what this amendment achieves. For those reasons, I humbly invite the hon. Member for North Herefordshire to withdraw amendment 152.
Ellie Chowns
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment made: 49, in clause 45, page 58, line 15, at end insert—
“(7A) This section applies in relation to a relevant planning function conferred on a mineral planning authority as if references to a local planning authority were to a mineral planning authority in England.”—(Matthew Pennycook.)
This amendment has the effect that (if regulations under inserted section 319ZZA of the Town and Country Planning Act 1990 are made) members of a mineral planning authority in England who have not completed any training required by the regulations will be prohibited from exercising certain mineral planning functions on behalf of the authority.
Clause 45, as amended, ordered to stand part of the Bill.
Clause 46
Delegation of planning decisions in England
Matthew Pennycook
I beg to move amendment 50, in clause 46, page 61, line 39, at end insert—
“(7) Sections 319ZZC and 319ZZD and this section apply in relation to a relevant planning function conferred on a relevant mineral planning authority as if references to a relevant local planning authority were to a relevant mineral planning authority.”
This amendment has the effect that the Secretary of State may make regulations requiring certain planning functions conferred on mineral planning authorities in England to be discharged by certain persons or by committees of a certain size and composition.
The Chair
With this it will be convenient to discuss the following:
Government amendment 51
Clause stand part.
Matthew Pennycook
As I have set out, the Government recognise the vital role that planning committees play in ensuring that decisions about what to build and where are shaped by local communities and reflect the views of local residents. Under local government law, local authority planning decisions must be a committee function, not an executive one, and presently every council has its own scheme of delegation to identify the circumstances in which planning decisions are taken by the planning committee rather than delegated to officers.
While the vast majority of planning decisions for local planning authorities are made by committees— around 96%— there is some inconsistency, which can create risk and uncertainty in the system. Clause 46 therefore seeks to build on the existing approach by giving the Secretary of State the power to introduce a national scheme of delegation. I reassure the Committee, as I have at other stages, that these measures are not about taking away democratic oversight but about spreading good practice, and there is good practice out there already.
A national delegation scheme will set out which planning functions across the country should be decided by officers and which by planning committees. It will also give the Secretary of State the power to set requirements around the size and composition of planning committees, so that we can have a uniform arrangement across the country as to what is effective in that regard. That will help to address some of the issues that we have identified around the operation of planning committees, which include a lack of consistency and clarity on which applications will be determined by committee; too much time spent considering applications that are compliant with the local development plan, or considering niche technical details including post-permission matters; and a lack of transparency on committee decisions and their consequences.
There is lots of good practice out there, and we know that in almost all instances, committees make good decisions on the basis of planning law and relevant material considerations. However, we are all familiar—in particular those of us who have served in local government and on these committees—with examples of where a development proposal was on a site allocated in the local plan, and in line with all policy expectations, but the committee refused the application against officer advice, and the subsequent appeal was upheld, unnecessarily costing the local authority significant sums of money and creating delay.
Paul Holmes
Does the Minister not understand that local plans are usually formed by an administration and executive of the council, and that it is up to local ward members who may be affected by appointed or adopted sites within that local plan, and who feel that they want to have a say, to request that that is called in? If a planning committee decides that it should not go ahead, that is their decision. Does he not see that there is a separation between the power of the executive to meet the guidelines that the last Government and his Government have set out, and the willingness and ability to allow the planning committee to make decisions, even if it is on sites that an executive has already approved in the council’s local plan?
Matthew Pennycook
A number of points here are worth pulling out. We have just discussed on mandatory training the need to ensure that all elected members across the country who serve on committees are cognisant of planning law and other considerations to which they must adhere.
I would gently press back. We know there are instances where committees take a decision on allocated sites against officer recommendation, out of line with planning law and those considerations, because it is easy to do so in certain instances—they might be responding to pressure from the gallery. I have had direct experience of that. It is deemed a cost-free decision to refuse an application on that basis, but it is not cost-free to the local authority and it introduces unnecessary cost and delay, and all the burdens that come with appeals.
Lewis Cocking
Does the Minister recognise the other side of that coin? There are examples, and I can give him some from my local authority, of where officers recommend a planning application for approval, the committee turns it down, it goes to appeal and the planning inspector has agreed with the committee. It is not one size fits all; there are two sides to the argument and there will be examples of both. This measure puts a lot of trust in, and gives even more power to, planning officers.
Matthew Pennycook
It does, and we think that is right. We think we should trust and empower expert planning officers. The appeals process will remain in force. I recognise the scenario the hon. Gentleman outlines. Local planning officers do not get every decision right. To gently challenge him, he is making the case for no scheme of delegation at all. Schemes of delegation are in place across the country. We are not saying that we do not trust expert planning officers to make the decisions on any applications. We trust them in lots of local authorities to make lots of decisions. As I said, 96% of applications go through planning officers.
There are two issues at play here, which we will perhaps draw out in the debate. We should be honest about them. Members may reasonably take the view that there should simply be no national scheme of delegation—that providing that consistency on the basis of a uniform national arrangement is wrong in principle. If that is the case, I respect that decision. That is not the position of the Government. We think there is a case for a national scheme of delegation.
Then there is the detail of what should go into that national scheme of delegation. Have we got the balance right in terms of the applications that should come before planning committees and should go to planning officers? We already trust expert planning officers to make decisions on a host of delegated applications across the country. The problem is there is huge variation in how those local schemes of delegation apply.
Lewis Cocking
In the current scenario, local planning authorities can go through their own scheme of delegation, and if there are lots of objections or a significant public interest, they can determine that instead of doing it through the scheme of delegation, they can bring it to the planning committee, which they will not be able to do under the national scheme of delegation.
Matthew Pennycook
I refer back to my point: the hon. Gentleman may take the view, which is a perfectly coherent and respectable view, that a national scheme of delegation is wrong in principle. That is not the Government’s view, because we think there are significant advantages to be had from introducing greater consistency and certainty about what decisions go to a committee, so we can have a uniform approach across the country.
Rachel Taylor
Does the Minister agree that very often the controversial decisions that go to planning committees and are declined by them, leading to an appeal, result in higher council tax for residents, because of the huge cost of appeals, reviews and so on? A national scheme of delegation, where it is clear which decisions can be made under delegated authorities and which cannot, will therefore simplify the process for developers, remove the delays and costs for them, and keep costs down for local residents.
Matthew Pennycook
My hon. Friend is absolutely right that it is not a cost-free decision to refuse an application where a committee does so on grounds that are not robust. That does not apply in the vast majority of instances. As I say, most committees are comprised of elected members who are diligent, considerate and aware of the risks. Through the mandatory training that we have just discussed, we are trying to get to a situation where elected members are trained and are more cognisant of planning law and the considerations they have to take forward. We want to ensure that there is consistency across the country.
As I say, there are two issues at play here. Some Members may take the view that a national scheme of delegation is wrong in principle. If Members do not take that view, which is not the Government’s view, the debate that we should be having, and will have—as I said on Second Reading, we will bring forward details, so that we can consider them alongside the Bill—is what the most appropriate national scheme of delegation would be, to achieve the right balance between making sure that the most controversial, major applications come before committees and entrusting expert planning officers to make other decisions.
Paul Holmes
I wonder whether the Minister has given any thought to political proportionality when it comes to any future national scheme of delegation. I will give him an example. Forgive me if this is slightly out there; if so, I can write to him, or we can have a conversation in the Lobbies later.
Say a local authority was 87% made up of one party, and there was one councillor from one party and another councillor from another party. In my constituency, we have a local authority that is overwhelmingly dominated by one party. For many residents, the planning system feels like it is out of touch, because the leader creates a different committee that allows just his party to make a decision—or, in the usual planning committees, local residents do not feel like the administration’s wishes are being taken into account, because the planning committee is overwhelmingly dominated by one party.
Will the Minister please assure us that any national scheme of delegation will not exacerbate that situation where local authorities have very strong political control one way, and political decisions within the planning system are taken by an overwhelming political administration? Will he assure us that we can have future discussions about that, so that such a situation in any local authority would not be made worse by a national scheme of delegation? I hope I explained that right.
Matthew Pennycook
The shadow Minister did explain that correctly, and I recognise the challenge. I would say two things: first, I assure him that party political considerations have not factored in any way into the development of the clause. The measure that we are proposing will improve the situation in the sense that, if there are very clear rules about which applications can come before a committee and which should go to national expert planning officers, as per a national scheme of delegation, some of the potential to use specific applications that might not be the most major, controversial applications that should come before a committee, in a political way, will be removed. As I said, the detail regarding what the national scheme of delegation will entail will come forward in due course.
As I mentioned, the clause also allows the Secretary of State to make regulations setting out the size and composition of planning committees. Best practice suggests that having smaller planning committees can lead to more effective debates and decision making. We have seen some extremely large and unwieldy planning committees across the country. We want to ensure that there are, within reasonable parameters, some prescriptive views on what the most effective size is.
Our views have been tested with the sector. In response to our working paper, there was broad support for the principle of the proposals from the local government sector, and we will continue to take on feedback as we refine our detailed proposals. That will, as I said, include a formal consultation on the regulations through which the new powers will be exercised. That is a requirement imposed on the Secretary of State by the clause and must happen prior to the regulations being made.
As I said, local democratic oversight of planning decisions remains essential, but it is vital that planning committees operate as effectively as possible, focusing on those applications that require member input and not revisiting the same decisions. Clause 46 is about ensuring that skilled planning officers in local authorities are trusted and empowered in their roles, while retaining important democratic oversight on those sites that local people care about most. I commend the clause to the Committee.
Government amendments 50 and 51 are both minor and technical amendments clarifying that the power of the Secretary of State to make regulations requiring relevant planning functions to be discharged by committee, sub-committee or an officer, and regulating the size and composition of a planning committee, also apply to mineral planning authorities. As the Committee will be aware, a local planning authority is not necessarily also a mineral planning authority; it depends on if and where there is a minerals site.
Mineral planning authorities are a special type of planning authority, and it is only right and proper to include them within these provisions to ensure greater consistency and certainty within the planning system. We must be clear about which local authorities are to be caught by this clause. The amendment clarifies that mineral planning authorities, where they exist, are to be subject to the provision in the clause.
Paul Holmes
We will oppose the clause. Our reason for doing so is that this chapter of the legislation is a massive power grab and piece of centralisation. The whole Bill—in particular its planning reform elements and this clause—reeks of this Government’s centralising zeal, as I said on the Floor of the House on Second Reading.
I tried to explain our point of view in my interventions on the Minister. He rightly challenged people to say whether there should be a national scheme of delegation, and Conservative Members wholly say that there should not be. I am grateful that he recognises that that is a not an opportunistic viewpoint; it is one that we sincerely believe.
Local authorities should have the power to do what they wish to do, because they are elected by their constituents and their residents. They, too, have a democratic right to exist and to undertake the responsibilities placed on them by the residents of their wards. They have a democratic right and duty to undertake those responsibilities and to participate in their accountability structures as local councillors, delegated to make decisions on behalf of their residents, and of their towns, cities and villages all over the UK.
As I said, we are concerned that the clause is just another attempt to centralise and to give the Minister and the Secretary of State the ability to build 1.5 million homes without necessarily allowing democratic checks and balances to be in place. In further amendments later in the Bill, the Secretary of State and the Minister of State actively try to take power away from local authorities and locally elected people.
Has anyone on the Labour Benches who was in a local authority—I asked this on Second Reading—been approached by their local councillors saying that they are not happy? Former council leaders and former councillors sit on this Committee, and I ask them whether councillors have told them that their own party is taking away councillors’ power and ability to speak for their residents. Members of Parliament in Committee are actively allowing that to happen if they vote for this clause to stand part.
Many local authorities are allowed to choose the way in which they do their business. That is why we do not believe that there should be a national scheme of delegation. In my own regional structures, the county council has a regulatory committee and two planning committees, and the borough council—although I have vast disagreements with how Eastleigh is managed—has local area committees that are accountable to the local wards in their localities. Such committees are actually more democratic, because different parties might represent the ward on them. When I was a councillor in Southampton, we had one planning committee that looked after everything within the authority boundary. All of that is because local authorities, through their own delegated schemes and democratic structures, pick how they wish to conduct their business. The clause will simply stop those local authorities being able to do that.
I am not talking to the Minister only about the size of the committee and the principles behind that. All the way through this clause are regulations for the Minister to lay, not only about the size and composition of committees discharging such functions, but requiring which functions are to be discharged. Local authorities already have that. We believe that local authorities should be able to decide that.
I challenged the Minister on one of his examples about local plans that are drawn up by an executive but can now be challenged by locally elected members of a planning committee. We do not see anything wrong with that. Local council members represent wards affected by local plans delivered by an executive. Whether that is an executive of the same political persuasion as the councillors who have concerns or of a different political persuasion, councillors have their rights under a local scheme of delegation.
That planning application should be able to go to a planning committee and be called in by a member under the rights that they have as a councillor. If, after its members have been trained through the excellent provision proposed by the Minister, the planning committee still decides to reject the application, that is the power and right of the locally elected councillor, and this Government are taking that right away.
Nesil Caliskan
Does the hon. Member not recognise that a local plan has to be approved by full council? That already gives every single councillor the ability to have their say at a full council meeting. Democratic oversight sits not just with local planning committees, but with different local authority functions. Democratic oversight is at its best at full council, and local plans are approved at full council, with a vote for every member.
Paul Holmes
I accept what the hon. Lady says, but I do not agree that a local ward member who may disagree with the local plan should not then have it considered in planning committee later on. Of course, a full council does meet to approve the local plan, but I go back to my original point: that is an executive decision.
Paul Holmes
It is an executive decision. An executive is required by legislation to put five-year housing land supply forward under a local plan, and a local plan is approved by full council. That work is undertaken by officers, signed off by a lead member for environment or planning under their responsibilities, and put forward to full council. The hon. Lady is absolutely right about that, but why does she then say that if a ward member wants to call in a planning application that affects the constituents who elected them in the village they represent, that should not be allowed to go to a planning committee and be decided on by that committee, whether or not it is against the executive’s local plan?
Nesil Caliskan
Does the hon. Member not recognise that once a local plan is approved at full council, it is a regulatory framework that has legal standing? That is the framework on which a planning committee bases its decision. I take the point that members may want to voice a view, but in the context of a regulatory framework, all we are doing is setting people up for failure and costing taxpayers money for decisions that will be overturned on appeal.
Paul Holmes
Again, I understand where the hon. Lady is coming from, but it is still within the rights of the appointed planning committee to say yes or no to the detailed development proposals. Local plans talk about numbers and locations. Planning applications that go before officers but are then called in by the committee are discussed in detail: what the developments look like, how many affordable houses there are, and what roads and community infrastructure there will be. That is the right of local planning committees, and under these measures this Government will take that away.
Why does the Minister feel that he and the political leadership of his Department should say what functions should be discharged by a committee, sub-committee or officer, and what conditions local authorities should abide by? I say that that is the right of the local authority, and that a scheme of delegation drawn up through consultation by local members in a full council or a committee role should perfectly satisfy the democratic checks and accountability that local people expect.
We said earlier that one of the only ways in which people engage with their local authorities is through the decisions that their councillors make on planning applications. This Minister and this Government are potentially taking that away from a huge number of people across the country, just because they want to get their 1.5 million houses through. They are doing so based on what they think is acceptable, despite the fact that local councillors may not find it acceptable to them. That is a disgrace. This is the way in which this Government have decided to go forward on delivering their 1.5 million homes—through mandatory targets in urban versus rural areas, a national scheme of delegation, and taking power away from local planning authorities, local councillors and lead members.
The Opposition say that that is a disgrace. That is something that local members should be doing. At every sitting of this Committee and at the later stages of the Bill, we will always say that locally elected councillors should have the power and right—they have the democratic responsibility and the democratic mandate—to make local decisions for local people. This Government are taking that away. We will oppose this clause and push it to a Division, because it is simply not right for the people in this country, who elect their councillors to speak for them. Every hon. Member on the Government side of the Committee whose councillors and constituents are affected by planning decisions is effectively saying to those councillors that they are not good enough to make decisions on behalf of their ward members, and that those ward members should not be making decisions on behalf of their councils. I look forward to them explaining that at their AGMs.
Amanda Martin (Portsmouth North) (Lab)
It is a pleasure to serve under your chairmanship, Ms Jardine. I would like to speak on amendments 50 and 51.
Portsmouth is a part of a minerals partnership and collaborates with Hampshire county council, Southampton city council, New Forest national park authority and the South Downs national park authority. Together, they have developed and adapted Hampshire’s minerals and waste plan. Does the Minister agree that amendments 50 and 51 will support administrative efficiency, particularly for those fully urbanised authorities such as mine in Portsmouth, where we have no or very few mineral resources to extract? Releasing such authorities from having full mineral plans and duties could reduce future duplication and free up much-needed planning resources, allowing us to work on plans that are relevant and specific to our area.
Gideon Amos
We support the delivery of 1.5 million homes, but a confrontational approach, whereby elected representatives are longer allowed to take decisions on behalf of local people, will alienate people from the planning system, create more conflict and make it harder to deliver the homes that we need. Taking powers away from local elected representatives is taking powers away from local people. So much of planning is already predetermined by national guidance and policy.
Only last Friday, I had two parish councillors at my surgery. They came to ask why Government guidance on highway planning overrides everything that they, local people and their own transport planning expert know about highway safety in their village. Those objectors wanted to support the housing scheme in Cheddon Fitzpaine, but they were asking for a previous commitment to secondary access to be honoured. The councillors were told that there would be costs of £400,000 if they did not follow Government transport planning guidance, and they had no choice but to accept the application without the road. Not for the first time, after that meeting some of my councillors came to me and said, “What is the point of being a councillor if local resources are so constrained that there is no money to provide local services?” Even on planning committee, the Government are taking away decision-making powers from local people. It is totally unacceptable.
Matthew Pennycook
This is an important point to try to tease out. The decision the hon. Gentleman has just referred to took place in an instance where, if I have understood him correctly, local residents took issue with the application of national policy and guidance on a planning decision. I do not think it is the position of either the Conservative party or the Liberal Democrats that national policy and guidance should not exist, and that it should all be completely localised. We may have disagreements on the spectrum, but we all recognise that national frameworks should be in place in some instances. The NPPF is a good example, as are other policies and guidance.
That is why I think we should have a more rational and proportionate debate—we may disagree at the end of it—about the pros and cons of a national scheme of delegation, and, if one is in favour of it, as the Government are, what it should include. There is this idea that, at present, local authorities and local elected members can do whatever they want—that they are completely free, and their mandate gives them scope—but, no, that is not true. They are constrained in several respects. In fact, we have debated that at length in this Committee. The NSIP regime was introduced in recognition of the fact that certain applications should be determined on a national basis, not by local committees.
I invite the hon. Gentleman to reflect and expand on why in this area, local discretion should be untrammelled—if I follow his argument—whereas in other areas he would rightly support the idea that national guidance and policy should be in place. He may differ with the content of that guidance, but local planning authorities are subject to frameworks and guidance that I think we all recognise should be in place.
Gideon Amos
I am grateful for the Minister’s intervention, but guidance and policy are guidance and policy. We are talking about giving him and all future Ministers, of whatever party, the power to write the delegation arrangements for each local council in the country and tell them what they may or may not be allowed to decide. The difference is that national infrastructure projects are huge projects that have a national justification and are decided by an elected Secretary of State, but the Bill will forcibly delegate to an employee of a council decisions that will quite often be completely disagreed with by every single member of a council but will stand as a decision of that council. It cannot be logical.
Matthew Pennycook
That is a separate argument, but the hon. Gentleman cannot pray in aid the case that he has just cited, which was made on the basis of a national scheme of delegation not being in operation, and where his local residents just took issue with national policy and guidance, which he thinks should be in place. He has recognised, quite rightly, that elected members of the Government can take views about what national framework should be in place.
We strongly feel that there is a good case for a national scheme of delegation that does not remove, in the apocalyptic terms that the shadow Minister outlined, all decisions and all ability to input into applications from local residents, but simply sets out where appropriately elected members in committees should make decisions and where decisions should be left to expert planning officers.
Gideon Amos
I completely accept that policy and guidance exist, but there is a degree of discretion when it comes to policy and guidance. We are dealing with primary statutory legislation here, and there would be no discretion over its implementation.
I think the Minister should accept that this is not about a fluffy national scheme of delegation that we all agree with; this is about removing the right of councillors to recover decisions to democratically elected members of the council. They may not; they are not allowed to. The clause is very clear that the Local Government Act 1972 will be changed so that councillors may not recover those decisions, and they will be made by employees.
This is not about a national scheme of delegation. We could all agree on a recommended scheme and have a standard scheme of delegation. This is about the law. I am surprised that the Minister is so lightly giving all future Ministers power to deny decision making by local councils.
Paul Holmes
The hon. Gentleman is making a very reasonable argument. Does he agree that we could be having a very different debate today if the Minister and the Secretary of State had not been so heavy-handed in legislating on what local councils can do? We could be having a conversation about national guidance for planning committees. This overreach and this democratically reductive approach are the reason why the hon. Member for Taunton and Wellington I are so concerned about the Government’s measures.
Gideon Amos
I agree with the hon. Gentleman. As I have said, the Local Government Act will be changed so that councillors may not have permission to recover such decisions, even if every single member of the council disagrees with a decision. This would be better described not as a national scheme of delegation, but as a forced removal of planning powers from councillors.
In response to a statement in December, a number of Members from across the House challenged the idea of taking these powers away from planning committees. The Minister said that the measure would be in relation to “minor reserved matters” applications—that is from Hansard on 9 December 2024—but the clause we are presented with has no limits at all. The Secretary of State may draft regulations in relation to any relevant function, so there is no such qualification and no limitation on any future Minister or Secretary of State.
Let us look at the history of planning in this country. It began as a local system and has gradually become more and more centralised and nationalised in its approach. Surely to goodness, that is exactly what will happen again with this huge power that is being given to future Secretaries of State.
Breaking the link between elected councillors and decisions made by their councils is so anti-democratic, and it will undermine trust in politics further. Councillors are coming to me and asking me, “What is the point of being a councillor any more?” Imagine their voters’ response if councillors say that they no longer have any ability to affect a whole tranche of decisions, and what decisions they are allowed to make will be determined by Ministers in Whitehall, not by their council.
By dint of this clause, the Government’s message is, “It doesn’t matter how much you engage in the planning system. It doesn’t matter which councillors stand for election, what they stand for, what their manifestos are or who gets elected. All decision making is directed by Whitehall, and local people must keep out. They have no say over what their employees will decide at the council.”
The enforced removal of decision-making powers is completely unnecessary to sustain the granting of the permissions and consents that everyone wants in order to provide the housing that the country needs. The vast majority of planning decisions—some 97%—are already made by council officers. Councillors and committees are not blockers; they approve nine out of 10 of all applications that come before them.
Nesil Caliskan
I have heard comments about the planning system during the debate, but less focus on the fact that we have a housing crisis that has manifested itself in record numbers of people living in temporary accommodation, with young people unable to buy properties and many people priced out of the communities into which they were born and in which they live. A national housing crisis requires a national solution.
I do not believe that the proposed changes in any way hinder or damage democratic oversight from a local perspective. The reality is that with the existing framework, it is not possible to deliver planning approvals at the scale that is required to meet the national housing crisis, and a national delegation will help to speed up delivery. We cannot simply depend on a handful of brave councillors who too frequently find themselves in the firing line of decision making for schemes that it is clear to everybody should already have been approved.
I hear what Members say about local authorities, and what the LGA has said. However, the LGA is also clear about the housing crisis our communities are experiencing. The national scheme of delegation gives clarity not only to local authorities and planning officers, but to the industry that we so depend on to be able to build homes up and down the country. The scheme will also speed up processes. The speed at which planning permissions could be granted means that developers are more likely to put bricks on the ground and build homes. It is about recognising the severity of the housing crisis in this country and its impact on millions of people, and choosing whether one is willing to take action to address that need.
Ellie Chowns
I absolutely recognise that we have a housing crisis in this country, but does the hon. Lady recognise, in turn, that it is not just a question of building our way out of the housing crisis? Does she recognise that we have nearly 1 million empty homes in this country, that we have an incredibly unequal housing system, and that financial mechanisms such as the introduction of buy-to-let mortgages had a huge effect in making our housing system even more unequal and unaffordable for many people? Does she recognise that a key part of resolving the housing crisis has to be for Government to take a more direct role in funding the development of more genuinely affordable social rented housing?
Nesil Caliskan
I recognise a number of those points, but supply of housing is the fundamental reason why we have a housing crisis in this country. The amendments being proposed sit alongside many of the solutions that she is seeking. Without our ability as a country, including local authorities, to see housing delivered at the necessary speed, we will never see the number of affordable homes we need or a buy-to-let market being constrained in the way that it needs to be. Supply is the No. 1 reason why we are experiencing a housing crisis. We cannot deliver the number of homes we need without fundamentally looking at the planning system.
Finally, on councillors having their say, the idea that councillors run for public office only because they want to sit on a planning committee—it sounded as if a number of Members were insinuating that—is, I am afraid, a little out of touch. There are lots of ways in which local authorities and councillors can make a difference. Planning committees are indeed one of the most attractive committees, but there are multiple layers of regulatory policy in a local authority that members not only can have a say on, but get to vote on. Earlier, I referenced a local plan that full councils are required to vote on.
An officer making a decision on an application that will not go to a planning committee does not remove a local authority’s ability to put out for consultation. Members of the public, and indeed councillors, will still have the opportunity to submit their views through what will be a statutory consultation period. Local authorities and planning officers will be obliged to take those views into consideration.
I want to underline the point that if we accept that there is a housing crisis in this country and that the planning system is broken, surely planning has to be an aspect that we look at in recognition that local authorities are sometimes being hindered by the existing framework. The speed at which we can deliver housing through a more streamlined planning system, putting faith in professionals in a local authority alongside councillors, will allow us to deliver the 1.5 million homes that we so desperately need.
David Simmonds
I will start where the hon. Member for Barking finished. We know that the planning system has delivered consents for 1.5 million new homes in England, where the development sector has failed to step up. One of the things much debated among political parties is the fact that that seems to suggest that, although there are undoubtedly issues, the planning system has been good at producing the opportunity for those new homes—the challenge has been the inability of the development sector to step up to the plate. That should be the priority to address.
My hon. Friend the Member for Hamble Valley mentioned the Mayor of London’s recent decision about going into the green belt. That is in the context of a capital city that already has 300,000 unbuilt planning permissions for new homes. The Opposition’s argument is that the priority should not be increasing the stock of unbuilt planning permissions but delivering the homes that our country needs.
Gideon Amos
As an illustration of the hon. Gentleman’s point about unbuilt planning permissions, in Somerset there are permissions for 11,000 new homes that have not been built, while the new NPPF requires a 41% increase in the allocation of permissions. There is no record of these pressures having led to an increase in the number of houses actually being built.
David Simmonds
If we look at the statistics from the ONS on new household formation and the balance between that and the delivery of new homes, we see that they are reasonably in balance at the moment. We know that many people would like a bigger home or a different type of home, and that is why we have consistently argued that we need to focus on the nature of the homes we are delivering, not just on the units being delivered through the planning system.
Members have consistently made the point about centralisation. The UK is already an exceptionally centralised country: we have fewer democratically elected politicians per head of population than most other developed democracies in the world. Our concern with these measures is that they further reduce the voice of a local resident through their democratic representative about a decision that may be the most significant thing affecting their home or their neighbourhood in their entire life.
By creating a national scheme of delegations, we go beyond a point of saying that all local authorities must ensure, in the delivery of a quasi-judicial process, that they are following the law. We begin to say that this is no longer a delegation: it is compulsory. We are taking away the democratic power of the local authority, under which it delegates those decisions to planning committees and to officers, and we are deciding in Whitehall who will make those decisions.
While I absolutely respect what the Minister is saying about expert planning officers, having served in the last Parliament as the chair of the all-party parliamentary group on housing and planning and worked very closely with the RTPI, I think we need to be realistic. In many cases, when the Minister says “expert planning officers”, we are talking about newly minted graduates who do not live in—and have no experience of—the local area. They arrive and undertake a desk-based exercise to make these decisions. They are not highly experienced people with a level of local insight who understand why particular aspects of design, materials, or the nature of a development will have a real impact on a neighbourhood.
There are specific examples; one is applications by elected members themselves. I know from my time as a councillor in Hillingdon that a standard rule to ensure transparency is that any application by an elected councillor must be heard by a committee. If someone wishes to change the windows in their home, or build a loft extension, it has to go through a planning committee, even when those things are covered by permitted development rights. That was to ensure that level of transparency. It is not clear how such issues are dealt with through this proposed scheme of delegation.
Matters of detail can be critical: ensuring the acceptance of a proposed development at a neighbourhood level may often come down to issues like overlooking or how it respects the privacy of neighbours. Does it have tree planting, to screen developments that people are unhappy to see? Will there be mitigations around noise? Those are not trivial matters; they have a huge impact on people’s quality of life. The ability of elected representatives to say, “This decision made, entirely in accordance with planning law, needs to be taken transparently in public so that these representations can be heard” is critical.
Olly Glover
I am conscious that we are reaching that time in the afternoon when we may be feeling a little fatigued, so I shall attempt to keep my remarks concise. First, it is important to bear in mind in this discussion that the Minister’s and the Government’s desire to take action to increase our ability to deliver the housing the country needs is sincere. The debate, of course, is whether the measure is an effective way of doing that.
I say to the hon. Member for Barking that there are many reasons why people decide to become local councillors. However, going by those in my constituency, it is because of a deep passion and care for their community. Major developments, of course, have major impacts on communities—hopefully for good, but sometimes for ill. It is entirely understandable that councillors would wish to have the full opportunity to scrutinise such proposals.
I was encouraged to hear the Minister say that national guidance and context are important for planning officers; I therefore hope that he will be receptive to some of our amendments and proposals in subsequent clauses. We must be clear that we are not attacking planning officers in this debate; they have a difficult role in balancing the national guidance and statutory requirements with strong local sentiments from councillors and residents. But that is why it is so important that councillors do continue to be involved.
One of the challenges is that we make the assumption that more house building automatically leads to more affordability, which sadly is not necessarily the case at all. The issue is all about the type of housing being delivered, and perhaps the current market-dominated approach is not always so effective. For example, in my constituency of Didcot and Wantage, in Oxfordshire, we have seen 35% population growth in 20 years. I have never opposed a housing development—neither in my current role as a Member of Parliament, nor before election. I do not intend to change that, because, yes, we do need more housing.
However, the housing growth has led to the fact that, in the town of Didcot, where I live, the average house price is now 15 times the average annual salary. South Oxfordshire Housing Association highlights a serious shortage of social and affordable housing, particularly for one or two-person households. A fairly small two-bedroom terraced house from the mid-’90s costs nearly £300,000, despite some of the fastest house-building growth rates in the country. So the issue is not just about the volume; it is also about the type.
I will give another example, then conclude my remarks. In Valley Park, to the west of Didcot, an outline permission request for a 4,000-plus home development came before the planning committee in 2021. The planning application was recommended for approval by officers, but the councillors on the committee felt that it did not include any provision for healthcare—something already under pressure in the town—and that cycle and walking provision was also poor. Because elected representatives made speeches during the meeting, outlining the issues, the planning decision was deferred for a couple of months and those things were able to be added in. That is an example of the real value that councillors can add.
Another example is that an application for a Lidl in the town of Wantage was recommended for refusal, but the planning committee and the councillors, having heard from local people, realised that it would be a well-used amenity and granted approval. Those are just two examples of where councillors in my constituency have added huge value.
In this time, when we are seeing a perhaps unprecedented loss of faith in politics—I am certainly thinking of the recent elections and, shall we say, some interesting voting patterns—keeping the local link and making sure that local people are brought into the planning process, and that planning is done with them rather than to them, continues to be very important. Councillors play a key role in that, and that is why they should retain their current positions and influence on planning committees.
Lewis Cocking
I am beginning to get fond of the Minister, but we do disagree about clause 46 specifically. It is an attack on democracy. I have already made the point that, within my local authority of Broxbourne, we have a scheme of delegation that delegates some decisions to officers, but there is an ability to change that: if lots of residents are particularly concerned about a development, or even about a dropped kerb, that can go to committee.
I have served on a planning committee and overturned officers’ recommendations, both for approval and for refusal. On one planning committee, after we overturned an officer’s recommendation for approval, the issue went to the planning inspector, who wrote back, saying, “I uphold every reason that the planning committee has given for refusal. I fully support the decision it has made.”
I am really concerned about the lack of accountability because, at the end of the day, whether council tax goes up because of planning decisions made by the council that it then needs to defend at appeal, or bad planning decisions are made, the electorate can have their say at the May local elections. They can say, “Do you know what? We don’t agree with any of the decisions that this council is making, and we can vote for someone else at the ballot box.”
A national scheme of delegation removes councils’ ability to be flexible. This should not be one size fits all. There is also no accountability. We work with some brilliant planning officers, but we also work with some who are not as good in their opinions on planning applications. I have many examples within my own local authority. Speak to one planning officer, and they will say that something is a brilliant idea that fits the national planning policy framework; speak to another, and they will take a completely different view. There is a lack of accountability in what the Government are doing. Let me make a broader point: I do not know what councils have done to offend the Government. They want to abolish lots of them, create super-councils and take away their planning powers.
When we adopted our local plan in Broxbourne, I think it was the second local plan in history to be adopted virtually; because of the covid regulations, we had to meet online. I gently push back on the arguments that councillors at full council—I know that they have to vote on a local plan at full council—have had their say on a development. A local plan is not that specific. It will set out areas for development. It may set out some principles, such as wanting a school or a community centre on a site, but it will not go into detail on design, or the look and feel of the community.
The idea that councillors have had their say on the local plan and now everything will be approved and can go through is nonsense. I have made the point in the House that we really need to think about the communities we want to make. We can approve as many house building targets or applications as we want, but we have to give some thought to the communities.
Amanda Martin
Does the hon. Member accept that two thirds of local planning authorities in England—around 206 councils—do not have an up-to-date local plan?
Lewis Cocking
Both of mine have a local plan. A number of authorities do not have one; it is a long and arduous process, and I welcome discussions about how we can streamline it. As I said, if a local plan has been approved, a site may have been allocated for development, but the minutiae or detail regarding the design of that development will not have been gone into. I have always maintained that the reason developers struggle to get through the planning system is because they try to build absolute rubbish. If they came forward with lots of really good schemes, councillors would not give them as hard a time as they do.
Lewis Cocking
The hon. Lady shakes her head, but I have sat on a planning committee and seen developers come forward and make planning applications in line with local plan allocation on outline, which means that we are just discussing the principle of development, or potentially the numbers or the access, with all the detailed designs left to the full planning application. It is set out in gold. We get everything we want. We get a good 106 negotiation. There will be a new doctors surgery and a new school. Lo and behold, when that same developer comes back with a full planning application, it is completely different, but because the principle of development has been established it is very difficult to then turn down. Developers are taking some councils for a ride, and we need to be careful of that.
Nesil Caliskan
The hon. Gentleman will recall that he and I worked very closely: we are part of a small percentage of ex-council leaders who actually saw through a local plan.
Nesil Caliskan
We had to work together on a statutory basis to consult each other’s local authority, so I recognise the points that the hon. Gentleman makes around the pressures of the planning system, particularly as we both have scars on our back, having seen local plans through. However, I ask him to reflect on the fact that a number of the issues that he raises can be effectively dealt with through local guidance and design principles—an authority within the administration that has set out clear guidance, not just for the public in their place but for applicants.
Those are very separate issues from what the Government propose around a national delegation scheme, which is about speeding up the process for what will be a national framework to agree to a number of houses to meet a target. His points are really important, but they would not be lost through what is proposed in the amendments.
Lewis Cocking
I have a lot of time for the hon. Lady; we worked closely together as leaders of neighbouring authorities. I would push back slightly. The point has been made before. I do not necessarily think that the hold-up is the planning system. There are lots of unbuilt planning applications out there—I can reference loads of applications in my constituency from when I sat on the planning committee nearly two years ago where a single house is yet to be built. The Government have an ambition to build 1.5 million homes. If they want to achieve that ambition, they should be going after all the planning applications that are yet to be built out.
The hon. Lady makes some valid points on design codes. I would welcome more guidance so that local authorities can use them more effectively—I think lots of local authorities would agree with that—but design is ultimately in the eye of the beholder. Lots of planning officers do not live within the local planning authority in which they work. Local councillors who stand in a local authority area have to, by law, either live or work there. They are part of the community. I am really concerned about removing the power of planning committees and local councillors to determine planning applications in their area.
This works both ways. As I have said, I have voted to overturn where officers have recommended a refusal. Councillors have to be brave sometimes on planning decisions, as the hon. Lady well knows, and as I well know from being on a planning committee. I am really concerned about the attack on democracy and the lack of accountability.
When the Minister sums up, can he comment on how we will hold planning officers to account if they make the wrong or bad decisions? This is not just a policy where someone has stood for election because they want their bins collected on a Monday and not a Tuesday. Once planning permission has been granted and the application has been built out, the result is there for decades. It is very difficult to retrospectively change that if mistakes are made. Ultimately, the public have their say at the ballot box, but with unaccountable officers, they do not. How will the Government hold planning officers to account under this national scheme of delegation?
Matthew Pennycook
Let me first say that, for entirely understandable reasons, this has been a passionate debate. People feel very strongly about the local planning system, the role of elected members in it, and the role of residents in inputting to those decisions. That is because local planning is principally a local activity. It is for that reason that we as a Government are putting so much emphasis on ensuring that up-to-date local plans are in place in every part of the country, because we think that they are the best way to shape development in a particular area, but we want to ensure that planning committees function effectively.
I will make a couple of points in response to the issues raised. The first is on outcomes. I slightly chide the shadow Minister, because it cannot be true on the one hand that this is a measure, as he alleges, that we are introducing to build our 1.5 million homes and then, on the other hand, to say that it will essentially make no difference to the current arrangements.
Outcomes-wise, we think this is an important part of the reforms that we are bringing forward, because it will ensure that decisions are made in a more consistent and more timely manner. That is why I gave the example on Second Reading of reserved matters applications. I do not know what the views of Members are, but I certainly do not think that every reserved matters application should come back to committees. I think that often delays the process.
We can discuss many of the other challenges that we face in the planning system. It is absolutely true that there is more that we can do on empty homes; we are giving that consideration. There is more that we can do on build-out—watch this space. There is more that we can do on all these things, but it is still the case that the planning system is too inconsistent and slow, and that there are things we can do about that.
To come back to the point on build-out, and we do need to take action on build-out, it is this Government’s view that we need to oversupply consents into the planning system to ensure that we are building out at the rate that meets the housing crisis, because whatever anyone thinks about the rights or wrongs of this reform, we are not building homes at the scale that we need in order to meet housing need and housing demand. We have to do things differently. In terms of outcomes, we think this measure is impactful.
Gideon Amos
Another time, I would be interested to discuss what level of oversupply will actually work, because we have huge oversupply permissions already. My point is in relation to reserved matters. The last reserved matters application I dealt with was for a waste site that had 770 objections. I think local residents would have been incredulous to be told that their local planning committee was not allowed to decide that application. There were more objections to that than to any other application in the council area for years. The Bill does not say that this relates to just reserved matters, but even if the Government did bring forward a proposal to say that, does the Minister not see how controversial and significant even reserved matters applications can be?
Matthew Pennycook
I take the point, but let me be clear about what I said: every reserved matters application should come back before a committee. I will come back to the point that the hon. Gentleman rightly raises, but in terms of outcomes we think this measure will be impactful.
My second point is about straw men. Parts of this debate have generated more heat than light, if I am honest, and many allegations have been thrown around. Some said that this measure rides roughshod over local democracy, and the hon. Member for Broxbourne alleged that the Government are saying that once a local plan is in place, every decision will just be shoved through. That is obviously not the case, so let me be very clear about what we are talking about.
Local schemes of delegation are in place across the country. In lots of those, lots of decisions are delegated to planning officers. In principle, we all agree that expert planning officers should be allowed to make decisions on certain applications—I do not think that is contested—so let us put what we are discussing in proportion. We are not changing the consultation rules on planning applications. Representations are and will continue to be considered by the decision maker, whether that is the planning committee or the planning officer. In that sense, I will continue to argue that the proposed change does not remove democratic oversight.
My third point is about what is decided. There are understandably a lot of assumptions about what the national scheme of delegation will suggest. I would wager that in a couple of years’ time, when we look back at this, a lot of the concerns raised will seem to have been unfounded. I hope the Government allay those concerns when we bring forward the precise proposals about what we want the national scheme of delegation to entail. It is not the case that the controversial and significant applications that several hon. Members have raised, which we agree should absolutely come before committees, will be ruled out in the national scheme of delegation. The assumption about the amount that we are removing from the system will prove to be unfounded.
Paul Holmes
I would say to the Minister that significance is in the eye of the beholder, but may I bring him back to something that he said? I do not want to do him a disservice, but I believe he said that planning officers’ decisions, rather than local committee decisions, would not change under a national scheme of delegation; they will still be there. Can he assure us that any ability that currently exists within local schemes to call in a decision made by a planning officer will not be affected by the national scheme of delegation that he proposes?
Matthew Pennycook
I understand why the hon. Gentleman is doing so, but he tempts me to announce the proposals that we will bring forward. I would like to do that as a package so the House can see what the Government are proposing. As I said, at that point I think some of the concerns will have been assuaged.
My fourth and final point, which is the crux of this debate, is that we can have a very sensible discussion about the type of things that should or should not be in a national scheme of delegation. The shadow Minister just inadvertently went down that route, and I am happy to have that conversation. The hon. Member for Taunton and Wellington gave the game away, in a sense, when he argued that if we were just talking about a scheme of standardisation across the country, that would be fine, but a national scheme of delegation is not. We are, in a sense, talking about a standardised scheme that will ensure consistency in the system about what comes forward.
Matthew Pennycook
I will just make this point, then I will give way for a final time. This debate has revealed a very principled difference of opinion, sincerely held, about whether it is appropriate at all to have a national scheme of delegation. I feel very strongly that, just as the Government set frameworks in other areas, it is right that we have a say on schemes of delegation that apply in local areas. I think that is right, both in terms of the outcomes that will be secured and to reduce uncertainty and risk in the system. I understand that Opposition Members feel differently and think that a national framework should not be applied. That is a perfectly reasonable view, but we disagree.
Matthew Pennycook
But the conversation that we will have to have, because we have the numbers, is what the national scheme of delegation should incorporate, not whether we bring one forward. Three Members want to intervene. We have a few minutes left.
Gideon Amos
My point was about the distinction between a voluntary guideline and putting in statute the removal of powers from councillors. I repeat: does the Minister not have any qualms about giving all future Ministers and Secretaries of State in future Governments the power to make any regulations they want to take these powers away from councillors?
Matthew Pennycook
I think it is perfectly appropriate that we introduce a national scheme of delegation, and that we bring forward, through a regulation-making power, those details in due course. Any future Government would have to consult on changes and take them through via secondary legislation, and it would be up for scrutiny.
I am tempted to comment more widely on regulation-making powers, but I gently say to Opposition Members that some of the placeholder clauses that I saw in legislation in the previous Parliament make this one seem very minor, in relative terms. We can debate that more widely, but I think our approach, both in outcomes and in a reasonable balance between democratic oversight and trusting expert local planning officers, which we all do in certain circumstances, is the right one.
Lewis Cocking
The Minister has been generous with his time. Could he comment on how we will hold planning officers to account? At the moment, we can call in planning applications democratically. How are we going to hold planning officers to account under a national scheme of delegation?
Matthew Pennycook
I thank the hon. Gentleman for reminding me of that point. It is a point well made, and it was also made by the shadow Minister on another clause. I will go away and reflect on what more, if anything, needs to be done in that regard. It is rightly put that, just as we want to ensure consistency in decisions by elected Members, we want consistency in the decisions and recommendations made by expert planning officers at a local authority level. I will happily come back to the Committee on that.
David Simmonds
I gently say to the Minister, who I look up to in many ways, that it is a challenge for the Committee to rely upon, on the one hand, an argument that this is not a big deal because it would affect hardly any planning applications, and on the other hand, an argument that it is so important we have to push it through via a national scheme of delegation. The concern that Members have is considering the 4% of applications that go to committee as a major problem, when in fact, by general acceptance in today’s debate, they are not really much of an issue. We lose the important element of local democratic accountability without any corresponding benefit in planning delivery.
Matthew Pennycook
I would say two things to the hon. Gentleman. First, we do think there is a corresponding benefit, because we think the change will remove a large element of risk and uncertainty in the system and ensure some very important applications are made in a more timely way. I end by inviting the shadow Minister, at the point we publish our proposals, to come back on whether we have got the balance right. I am more than happy to continue the conversation about what we take forward on the regulations. On the principle of introducing a national scheme of delegation, the Government feel very strongly that it is the right thing to do.
Question put, That the amendment be made.