Housing and Planning Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 8th March 2016 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I support the amendment and I hope that I will not disappoint the noble Lord, Lord Beecham, in making the debate too long. Unlike other sections, this section of the Bill has not yet exercised the Committee. I visited Exmoor National Park in the recess as it was taking part in a vanguard project on self-build. As part of that project, the park set up, as indicated by the Government, a self-build register, and there was surprise when 84 people registered. However, on further investigation, most of those people were found not to be in housing need at all and were living outside the park area. For example, one person living in Southampton with £350,000 to spare indicated that they would very much like to build in the park. On further investigation, only 15 of the 84 people were identified as being both local and having a housing need, but so far only one is coming forward for self-build who both works and has a rural connection, and therefore fulfils the local tie.

Exmoor is not an easy place to identify flat sites for development. Builders often complain about the difficulties of the terrain and the inaccessibility for their workforces. Nevertheless, the park authority has identified 250 home sites but accepts that not all will come forward for a variety of reasons. It has set up housing ambassadors in the community who are the first confidential point of contact. They will help identify people with housing need and they expect custom-build to come out of this initiative. Exmoor National Park is aware that self-build in the park area will usually require a larger plot, with a double garage. There are very serious concerns about how self-build will be financed as the local tie tends to put off banks and building societies. Even if there are people prepared and willing to engage in self-build, finance might not be available to them.

However, the real concern on Exmoor is that national parks are planning authorities but not housing authorities. They will have a duty to provide serviced plots of land, as listed in the Bill, but they are very concerned about how they will get money back from the investment in the infrastructure. Nowhere is that made clear. The amendment moved by the noble Lord, Lord Beecham, adding the words “and without unreasonable cost”, is vital for the deep rural areas that national parks cover. National parks appear caught in an unrealistic position and do not have the resources to underwrite this policy. I suggest that the wording of “without unreasonable cost” ought to be “at no additional cost” and I support Amendment 54.

[Lord O'Shaughnessy (Con)]

My Lords, I am grateful to the noble Lord, Lord Beecham, for moving this amendment—not, unfortunately for him, because I support it, but for the opportunity to spend a little time, I hope not too long, considering an underappreciated and potentially very important part of the Bill. I am also grateful to the noble Baroness, Lady Bakewell, for giving us an example about how it might work in practice.

In previous sittings of the Committee, my noble friend Lord Horam said that what we always need to remember in this debate is that this is a housing crisis caused by lack of supply, and it is through that lens I am thinking of how custom and self-build could contribute to solving that problem. This is an area of great potential. According to the impact assessment, only 8% of English homes—just 5,000 to 8,000 a year—were built under custom or self-build under the current regime compared with about 30% in the US and 50% in some parts of Europe and Scandinavia. At the moment, it is a cottage industry, but, as other countries show, it could be a game-changer. It could be the biggest deliverer of housing in the country. Critically, it offers an opportunity for a diversity of design that is much more sympathetic to local surroundings than perhaps is the case with some of the big builders, which produce houses to a template. One of the main reasons that people object to local housing is because it does not fit into the local vernacular.

According to Ipsos MORI, around 1 million people would like to take action to build their own homes. That might be a little optimistic, but it is an indication that there is a real groundswell out there. Indeed, the housing vanguards that the Government have established seem to have been quite popular, with an average of 80 people signing up to the registers of land to build on within the first four months of their opening, which I think coheres with what the noble Baroness, Lady Bakewell, was saying. Some interesting examples are given of what that has meant.

If this is what we want to see happen, we have to will the means as well as the ends. The truth is that the crash has been brutal to SME housebuilders who will ultimately deliver many of these houses. They declined by 49% between 2006 and 2013, and as the noble Baroness, Lady Bakewell, said, they find it difficult to access finance because they are undercapitalised. This is a really critical aspect which I think is underappreciated. There is also the factor of planning delay. The FMB 2015 House Builders’ Survey of the Federation of Master Builders showed that 68% of respondents said that planning delay was significantly impacting on their ability to deliver houses. So that is the backdrop against which we are looking at this part of the Bill.

Turning to the amendment, I feel that at best it is not necessary because there are provisions for making sure that serviced plots are made available with the costs recovered by the local authority. That is my reading of it, but it would be useful to have clarification from the Minister. At worst it could become another barrier, and I think we need to be very conscious of building extra barriers into the process when we are trying to liberalise the system. We need to make it easy for local authorities to embrace the idea, and indeed make it easy for potential homeowners to take this opportunity.

My one concern with where we are in the Bill is about the timetable for compliance by local authorities, or rather the lack of it. I would like us at least to consider whether the timetable ought to be on the face of the Bill, but we have been told that it will be set out in secondary legislation. It would be useful to understand what the timetable might look like so that we know that local authorities will be held to account for their performance in delivery. If the timetable is not tough enough, I am sure that is something noble Lords will want to consider while we are looking at the primary legislation. It would also be interesting to hear about what the Government are doing to provide capital support for SME builders. When we talk about self-build, it is not literally self-build. While there will be a few handy people who can build their own walls, most will commission a local architect and builder, but as we know, there are not enough of them. A variety of schemes are available to help the big builders capitalise, but not enough for the smaller ones. What will the Government do in that area?

As I say, the Government are providing the right mechanisms, but we need to will the means for this to happen. There is a right for citizens, which is fantastic, but we need a time-bound obligation to be put on local authorities as well as some financial support or at least underwriting to help the builders. I look forward to hearing the Minister’s comments.

--- Later in debate ---

[The Lord Bishop of St Albans]

My Lords, I support Amendment 56, tabled by the noble Baroness, Lady Royall, to which I have added my name. I, along with other noble Lords, have received a number of letters from people living in rural areas who are deeply concerned at what seem the inevitable consequences if this issue is not addressed.

The major force of this amendment, as the noble Baroness pointed out, would be to change the emphasis in the current right-to-buy arrangement from one in which housing associations can choose to exempt themselves from exercising right to buy in rural areas, as per the current agreement, to one in which housing associations would be unable to exercise right to buy in rural areas, unless in exceptional cases, as set out in proposed new subsection (1A) of the amendment.

The rationale for the amendment is pretty simple. Affordable housing should not be sold off in communities where it will not be replaced. Among the other options, adjacent areas, for example, may be quite some way away and include urban areas, so there are issues about definition. The broader definition of “rural” that is included in the amendment—as well as the inclusion of dwellings in national parks, areas of outstanding natural beauty and rural exception sites—is designed to capture those additional settlements in which planning restrictions and natural features make the replacement of affordable housing sold under right to buy highly unlikely.

Everyone in the Committee will understand that affordable housing in rural areas is essential for the long-term sustainability of local communities, yet despite prices that are beyond the reach of many of those who live and work in rural areas, the level of affordable housing in rural areas is very low—only 8% compared to just 20% for urban areas. There is a variety of reasons for that, one being that it is so difficult to build in these areas. Planning regulations mean that rural villages struggle to produce any new developments, and what new developments there are tend to be much smaller, yielding little in the way of affordable housing through Section 106. Of course, proposed changes to the Bill to the requirements of developers to include affordable housing in any new developments will only make the situation far worse with regard to the provision of affordable homes for rent.

All of this means that any measure that puts existing rural affordable housing stock at risk needs to be treated very carefully—but the current right-to-buy arrangements make exactly the threat that I am concerned about. The chances of any rural affordable housing that is sold under right to buy being replaced by similar rural affordable housing is very small, as one sees when one visits rural areas and talks to people working on the ground. It is far more likely that those housing associations which choose to sell off expensive rural housing will choose to build replacement homes in urban areas, where the costs of development are likely to be far cheaper. That might be good for the housing associations which are facing a period of belt tightening over the coming years, but it will be devastating for rural communities.

Another reason for considering the amendment is for the sake of simplicity. Tenants require clarity about where they will be able to exercise the right to buy, as has already been pointed out, and a system based on housing association discretion is almost designed to create disappointment. I know that noble Lords on all sides have serious concerns about the feasibility of providing a portable discount as an alternative. It is also true that initial indicators suggest an enthusiasm for right to buy that will far exceed the Government’s ability to provide replacement funding—again leading to disappointment. Excluding areas that are most likely to be harmed by right to buy will ensure that resources are directed to the areas where they can do the most good. I hope the Government will reconsider and will listen very carefully to these arguments before pushing ahead with this.

[Baroness Bakewell of Hardington Mandeville]

My Lords, I draw the House’s attention to my interests as a vice-president of the LGA and a councillor on South Somerset District Council. I support all the amendments in this group, including those in the names of the noble Lords who have already spoken, and I will speak specifically to Amendments 56, 56A, 57A and 57C. This extremely important group of amendments will have far-reaching effects on communities throughout the country.

As indicated previously, I visited Exmoor National Park to talk to the chief executive. Exmoor has a population of 10,000 people and 5,500 homes actually in the park for those who can afford them. Exmoor National Park wants to provide homes for people who will never get mortgages or loans. Its focus has been on affordable homes for renting. All its new houses are intended to be affordable in perpetuity. It aims to build up its stock of homes to the level it was before the first round of right to buy depleted it. In recent years 100 homes have been provided and 200 people have been accommodated—its policy is working. Some 30% are privately rented or privately owned and 50% are socially rented, but all require a local tie or connection.

The Exmoor and Northumberland national parks are the most sparsely populated areas in the country, with very small settlements. Other national parks have larger settlements, where it is easier to provide affordable homes. The statistics are stark. Of the first tranche of right-to-buy sales, a majority have gone to outsiders and for holiday lets. In Lynmouth, in a row of terraced properties sold under the right to buy, only two are not now holiday lets and 20% of the properties have no usual residents. We must prevent this from happening a second time. In Northumberland the undersupply of affordable rented properties at rates related to average wages has led to a gradual decrease in housing. Hard evidence is difficult to obtain due to the paucity over nearly 30 years—young couples have just accepted that to get a home they have to leave the park area. However, when 30 homes were built in Norham, they were let to the relevant people in a morning, despite only four or five appearing on housing lists.

Incomes in Exmoor National Park are in the lower quartile for England, at around £12,000 for a household. Many people have no regular work. Their work is seasonal or portfolio work. The majority of people on the park are in work but on very low incomes. Affordable housing schemes are very popular. However, when rents went to 80% of market rents, people pulled out as they could not afford them; 80% is still unaffordable on Exmoor. The self-employed on Exmoor are nowhere near the living wage. Lambing is a good example of seasonal work which pays cash in hand. These people can never get mortgages due to their inability to prove a living wage over the relevant period of time. The “at least 20%” discount will need to be considerably more to assist these residents. A home at an affordable price of £130,000 would have to be discounted by nearly 30% to be truly affordable to the workers on the park.

Young people living on Exmoor are in dire straits. The park has conducted a survey to assess their housing needs. One young person felt that he did not have a housing need because he was able to sleep on the floor of a friend’s caravan. There has to be more to life for these young people. Residents, particularly young people who work on the land on Exmoor, need properties suitable for their lifestyles. They need somewhere to keep dogs, store their equipment and hang soaking wet waterproofs when they come in at night from lambing et cetera. Properties provided in the park for those who have a connection to the park, and are lucky enough to be housed, must be protected in perpetuity for those coming after them—not sold off at a profit to those seeking to make a quick turnover. New market homes must be the principal residence of the occupier and have to be lived in, and not a second home.