Housing Strategy

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 24th March 2021 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, it is a pleasure to take part today, and I congratulate the most reverend Primate the Archbishop of Canterbury on securing this debate. I declare my interests as the chair of the National Community Land Trust Network and a vice-president of the LGA. I welcome the report and the introduction given by the most reverend Primate, and I share his desire for good homes that are affordable for all.

My first involvement in campaigning for and against housing started 40 years ago. Newly married, we moved into a new cul-de-sac of 11 houses on the edge of the village. A year later, a woman knocked on the door, asking me to sign a petition against further houses on an orchard in the centre of the village. I asked her if she had similarly campaigned to prevent the building of the house we were living in; she was honest and said yes. I refused to sign her petition.

Later, when I was on the parish council, it was obvious that there was a desperate need for affordable homes, especially bungalows to enable the elderly to downsize. We searched with both the district council and the housing association to no avail. The village is still without these benefits. However, some swanky bungalows are now being built on redundant farmland—not quite what we originally had in mind.

The glebe land in the centre of the village had a village room at one side, a play area with equipment and an area for ball games. The playschool, as it was then, operated three days a week from the church room. The Church Commissioners, having a hard time financially, were looking for areas to develop and cast their eyes on our piece of land. As you might expect, I wrote to the bishop at Wells, and the Church Commissioners subsequently looked elsewhere. This was not a case of “not in my backyard” but of preserving the essential area that belonged to the children and young people. There were seats there for the mums and elderly to sit, chat and watch the children play.

The sense of community exists only when everyone is catered for: young couples starting out, growing families, young people exploring independence, empty nests and the elderly not wanting to move away from lifelong friends. A home is where each of us should be able to relax, shout at the TV, play music, read a book, and share meals and the experiences of the day. I regret that I probably take all this for granted, but it is not so for others. In cities, towns and villages, there are those who have no settled base. Their accommodation is shared, overcrowded, temporary, poorly built or maintained, not on a bus route, or a long way from the school. Children need a secure home in order to flourish. This has been brought into sharp contrast during the pandemic, as children often have to share a computer with their siblings to access education, often all sitting round the kitchen table to do their schoolwork.

Good housing, as the commission’s report Coming Home sets outs, should be

“sustainable, safe, stable, sociable, and satisfying”.

It is essential that all new housing should have minimal impact on the environment and be good to look at. Finding land that is available, in the right place and affordable is often the stumbling block. The Church has land. Developers and housing associations are looking for land. However, the best solutions come from the communities themselves, recognising the need for housing and working with others to make this happen. Forming a community land trust—a CLT—is one way of ensuring this happens. Like-minded residents come together to plan what their community needs, engaging in consultation with residents, and the national network is on hand to assist with providing advice and support. These homes can be of mixed tenure, and some CLTs run local post offices and shops—all vital for communities.

The most reverend Primates’ report features two CLTs: Keswick CLT and London CLT—two very different areas of the country. In both cases, local churches were there at the start. In Keswick’s case, they built on church land. There is obviously a lot of potential for this to roll out across the country. Being able to develop on church land, and with churches themselves as active partners in their communities, has been key in setting up the CLTs.

Decent, truly affordable housing is not a single political party issue; it stretches across all parties and none. A long-term, 20-year, deliverable housing strategy—not here today and gone tomorrow—will provide healthy communities, whether in the inner cities, market towns or deep rural areas on the edge of the moors.

The challenges for churches, of all denominations, is land. I was pleased to see that the Church Commissioners, the United Reform Church and the Methodists have all endorsed the report—all have land. In the case of the Church of England, the various diocese will need to know who to talk to if they want to support a new CLT. I sincerely hope that all diocese will embrace the challenge. How do they go about it? How do they bring a community’s project forward? The NCLT has a network of enabler hubs. I welcome the appointment of Bishop Guli Francis-Dehqani as the new bishop for housing. This is a huge step forward and gives a point of contact for those wanting to support affordable housing in their area. I welcome the move to allow the disposal of land for the charitable purpose of providing homes for the wider community at less than full market value. This is absolutely key.

The NCLT enabler hubs were supported by the Community Housing Fund from 2018 to 2020. This was a huge success and the driving force behind the increase in the total number of community-led homes in the pipeline from 5,800 homes to over 23,000 homes. However, that funding ended in March 2020 and there is no provision for a continuation in the Community Housing Fund money announced for this coming year. The research shows that, in order to be truly successful, community-led homes need four to five years of funding to become self-sustaining, not one or two years. The Government have achieved a great success and then pulled the rug out from under their feet.

Some of you may ask what is so special about a community land trust. The short answer is that communities themselves are in charge and the affordability element is enshrined in perpetuity—yes, in perpetuity. Currently, housing associations and local authorities may build affordable homes, but nothing like the 100,000 needed every year, and these homes are subject to the right to buy. While I respect the wish of tenants to buy their own homes, the current system does nothing to solve permanently the problem of affordability.

Affordability is key. I live in a village of some 300 inhabitants; we have a shop, a pub and a church, but the preschool has closed and there are no buses. There were local authority houses in years gone by, but all have been sold under the right to buy. Prices have risen exponentially. Young families have no chance of securing a home here. This is typical of thousands of rural villages. They are rapidly becoming middle class ghettos, where only the middle-aged and the middle classes can afford to live. But a mixed age range is needed to secure thriving communities, especially the chatter of young children.

There are a large number of homeless people in our community. One of them has been sleeping in our church on an annual basis. My noble friend Lord Shipley raised the Vagrancy Act. The vast majority of the homeless do not choose this way of life and the provision of overnight hostels is essential. Anything has to be better than a shop doorway.

I welcome this report and wish the most reverend Primates the Archbishop of Canterbury and the Archbishop of York, along with the right reverend Prelates the Bishop of Manchester and the Bishop of Newcastle, every success with its implementation. If there is anything I can do to assist, I am happy to do it, including waving a supportive banner as delegates go into the General Synod later this year. Hopefully, this will not be needed. I look forward to the Minister’s response, which I sincerely hope will be positive on helping to provide good, affordable homes for all.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

I will call the noble Lord, Lord Griffiths of Fforestfach, again, in the hope that he is now on the call. Lord Griffiths? No? We shall go to the noble Baroness, Lady Ritchie of Downpatrick.

Non-Domestic Rating (Lists) (No. 2) Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Report stage & Lords Hansard
Monday 1st March 2021 Lords Chamber

[Lord Thurlow (CB) [V]]

I thank the noble Lord, Lord Kennedy, for tabling Amendment 1, which I wish to speak to, and it is a pleasure to follow the noble Lord, Lord Stunell. I declare my interests as set out in the register. I am a non-domestic ratepayer in Scotland, although I know this Bill does not include affairs in Scotland.

The Bill is all about timing; it is not about fairness, fitness for purpose, the impact on business, sorting out the appeals system or any other aspect of what has become, I fear, a broken system. The Bill ignores the most critical timing issue, which is simply that of dealing with the appeals backlog—ratepayers paying the requested sum until an appeal is settled. In the current circumstances, that is critical. We cannot expect the Covid-related rates holiday to last for ever. We have seen a collapse in retail rental values over the past 12 months, and as both the noble Lords, Lord Kennedy and Lord Stunell, have pointed out, it was a crisis long before this. Some tenants are to pay double the appropriate rates bills. This amendment brings the plight of the high street retailer into high relief. The annual report it proposes would focus specifically on small businesses, as set out in subsection (2)(b). I am pleased that it also addresses the elephant on the table of all non-domestic rates discussions in the retail sector: the killer impact of the online assault on the high street, as we have heard from both the previous speakers.

Online retail is not a bad thing and it is clearly the future for a huge percentage of domestic spending. The bad thing is the Government’s inability—after years of notice, for online is not a new phenomenon—to recognise the twin neglects of taxing the profits of online and of fairness in the spread of rates between the high street and that sector. Subsection (2)(d) of the amendment requires that the report address the impact of the revaluation timing on local authority finances. Rates are a critical ingredient in local authority finance, but unfortunately the funding gap that the next revaluation will create will lead to a difficult political challenge: how to replace the fall in rates funding—another reason to delay the reform so desperately needed.

Subsection (2)(e) addresses the subject of waiting lists for appeals, which I mentioned earlier. This has become critical. Waiting list delays are themselves enough to put many out of business—a good example of shooting ourselves in the foot of local authority funding. The end result will be worse.

I must refer also to the fundamental review—a story of delay. It is most disappointing, in that the most vulnerable ratepayers can hardly speak for themselves. This delay will be the death of many small, innovative and hardworking businesses, the very ones the Government claim to champion. Should the noble Lord, Lord Kennedy of Southwark, press for a Division on this amendment, I will certainly support it. But my greatest concern is that the valuation date for the revised NDR lists has been chosen at a point in the market cycle that provides no evidence. In my 40-odd years in this profession, I have seen highs and lows in the rental value market cycle, but I have never seen paralysis. Paralysis is what we now have in the rental market from which the rate levels are derived. It will probably lead, as I explained in Committee, to a huge mass of rating appeals. I ask the Minister to take these comments back to the Government, but I fear that it is too late.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Thurlow, and I declare my interest as a vice-president of the LGA. I congratulate the noble Lord, Lord Kennedy of Southwark, on his composite amendment which neatly brings all the issues that have been debated previously into one. During those debates, all the relevant arguments were made, and I speak today in favour of Amendment 1.

It is important that there be annual rate revaluation reporting. Business rates reviews cannot be left to drift from year to year, especially as so many businesses are struggling. Keeping a careful watch on how revaluations are affecting businesses is vital to ensuring a healthy economic recovery. Towns and high streets are being decimated by the lockdown, as the noble Lord, Lord Kennedy, said. Some three-quarters of retail outlets are closed and many have been boarded up. Only essential outlets are open: supermarkets, pharmacies, opticians and some DIY stores. As lockdown is gradually released, many shops will, hopefully, reopen, but the effect of business rates may be the last straw. This must be monitored to prevent the total decimation of the high street shopping experience.

The Association of Convenience Stores has welcomed the Bill and the revaluation date being moved to 1 April 2023. It sees this as a positive step forward but it has several recommendations that would further assist its operation, including a reduction in the burden of business rates by resetting the business rate multipliers to more sustainable levels.

The whole issue of NDR is a balancing act between the need of funding local authorities and the economic viability of businesses. Local authority finances are stretched to the limit. Government grants have been radically reduced over the years and many councils now only deliver statutory services and these to the minimum standards permitted. It is not that councils do not wish to provide those vital services which communities rely on, such as grants, improved play areas, adequate and dignified social care, after-school clubs et cetera; it is the sad, realistic fact that they no longer have the finance to do this.

Non-Domestic Rating (Lists) (No. 2) Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Thursday 4th February 2021 Grand Committee

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, Amendment 3, to which the noble Baroness, Lady Bakewell of Hardington Mandeville, has added her name, raises the important issue of business rate appeal waiting lists.

As we heard at Second Reading, there are still 40,000 unresolved rating list appeals from 2010—11 years ago. As a result of this backlog, local authorities had to divert more than £3 billion from services to deal with the appeals risk from 2010 and 2017. This is an unacceptable situation; I am sure that the noble Lord, Lord Greenhalgh, would agree with me on that. Local authority finances are under extreme pressure, and this unacceptable situation is being made even worse.

The amendment would place a duty on the Secretary of State to conduct and then publish an assessment of the impact of the Act on business rate appeals. This is an opportunity for the Minister to explain the position of the Government and how they are working to deal with this backlog of appeals. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, I draw the Committee’s attention to my interest as a vice-president of the LGA.

It is a pleasure to take part in this debate and speak to the amendment in the name of the noble Lord, Lord Kennedy of Southwark, to which I have added my name. I am familiar with rating appeal tribunals from my previous life when I sat on domestic rating appeals. Some had been waiting in the pipeline to be heard for a very long time. The noble Lord referred to these timelines.

However, this is about business rates. Some years ago, before the Government transferred the retention of business rates to local authorities, unitary and district councils were responsible for collecting business rates but had no say in setting them; nor were they able to retain the rates collected. If the local authority had no major facilities in its area that would attract business rates, this was straightforward. However, if there were major infrastructure projects—I use this term loosely—this caused huge problems as, for reasons best known to the Government, these facilities were expected to pay business rates despite not trading as businesses.

I can speak only from my experience of Somerset but feel certain that this situation will have been replicated across the whole country. Taunton Deane Borough Council and South Somerset District Council were lucky enough to have major infrastructure in their areas. In Taunton Deane, it was the MoD camp at Norton Fitzwarren and a large hospital at Musgrove Park, in addition to several superstores. In the case of South Somerset, it was the MoD Royal Naval Air Station at Yeovilton and Yeovil District Hospital, as well as superstores. The MoD bases and NHS facilities are of course funded from central government budgets in the first place. All these assets attracted business rates covering millions of pounds. The MoD, NHS hospitals and superstores appealed against their business rates—the latter were in a slightly different category as they were trading businesses and, hopefully, making a profit, but millions of pounds were at stake.

The Government informed local authorities that they could, if they wished, agree a lower figure with the appellant. However, any difference from the figure originally set and the lower figure agreed by the local authority would have to be made up to the Government from local householders’ council tax. Many of these pending appeals waited four, five, six or even seven years to be heard. As the noble Lord, Lord Kennedy of Southwark, has just said, we have now been waiting more than 10 years for the 2010 appeals. All this time, local authorities were wondering whether they would be faced with massive bills in unpaid business rates that the Government would be expecting to receive. When appeals were heard and were successful, this money was passported back to central government. However, there was also an expectation that any shortfall would be made up by local authorities, so it was a win/lose situation for local councils and their taxpayers.

We now have a situation where local authorities operate under a business rate retention scheme. However, with high street retail outlets and other town centre businesses under extreme pressure because of the Covid pandemic, huge numbers of appeals against business rate assessments are likely.

Household rates and housing benefit levels are set on a sub-regional basis by the valuation office. Our valuation office was based in Bournemouth; the price of a property in Bournemouth was vastly different from the value of one in South Somerset. Can the Minister say whether business rates are similarly set on a sub-regional level and whether the buoyancy of the local economy is considered?

Previously, our town centres have been made up of well-known retail high street clothing stores, yet these have all but disappeared. The brands are being snapped up by online businesses that buy the brand and stock but not the premises, as we have seen this week. My noble friend Lord Stunell has already referred to this. How are local authorities that now depend on business rates to balance their budgets to proceed with an increasing number of empty properties?

Many businesses will survive: insurance agents, estate agents, solicitors, food outlets and supermarkets. However, many supermarkets have long since withdrawn to retail business parks, where there is a significant turnover of retailers as each goes into administration. Mothercare, Staples and Homebase are examples; their premises are often left empty for a considerable time. It seems that now is the time for a radical rethink of just what the Government expect business rates to deliver and what type of business they propose to be classified as liable for business rates. This will now include large warehouse facilities servicing online purchases.

The exponential rise in online shopping has been the saviour of householders who have either been subject to lockdown or, prior to lockdown, isolating to protect themselves due to their underlying health conditions. From my office window, I have an excellent view of the C-grade road that serves the 12 houses in our area. The number of delivery vans going up and down has dramatically increased since Christmas. Whether it is with home deliveries from supermarkets or deliveries by DPD, Yodel or another, they are extremely busy and often call long after it has gone dark. Apart from the supermarkets, the vans are delivering goods that householders have ordered from online businesses. Surely now is the time for these businesses to play their part in the local economy and pay business rates; the noble Lord, Lord Bourne of Aberystwyth, referred to this.

Non-Domestic Rating (Lists) (No. 2) Bill

Baroness Bakewell of Hardington Mandeville Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 18th January 2021 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Greengross. I declare my interest as a vice-president of the Local Government Association. I fully support the comments of my noble friends Lady Thomas of Winchester and Lady Randerson on the NDR (Public Lavatories) Bill. It is essential, in terms of equality, that the number of disabled lavatories and access to them should be increased, not only in town centres but in visitor attractions and beauty spots around the country. Other Peers have spoken eloquently on that issue.

Turning to the NDR (Lists) (No. 2) Bill, I have a few points to make. While I support moving the date for compiling the lists to 1 April 2023, this is an opportunity to move from a five-yearly review to one every three years. Other noble Lords have spoken to this issue. I would not support moving to a yearly revaluation as this would be too great an administrative burden on local authorities, but a three-yearly revaluation would be a good compromise.

It is important that we fully understand what is happening to our high streets. During lockdowns, most of the retail and market outlets are not able to trade. Some retail outlets have been able to move their business to online trading and delivery, but most have not. We have reached a stage where enormous warehouses have been constructed to service online business, but they do not contribute in the same proportion as high-street businesses. Now is surely the time to readjust the rating system so that the rateable value and rates paid by high-street retail outlets is radically reduced permanently. At the same time, online warehouse operations should be taxed in proportion to their size, turnover and profitability.

While it has been enormously beneficial to people to be able to buy goods online during lockdown, especially in the run-up to Christmas, the effect on the high street has been catastrophic. Many retail outlets rely on the December trade to see them through the rest of the year. I am sure the Minister does not wish to see a return to the moribund state of our high streets during past recessions. I welcome the rate relief which the Minister has set out to alleviate hardship during Covid, but that is only short-term.

I will speak briefly on mixed hereditaments. Many, many years ago I sat on rating appeal tribunals. While a large proportion were about dates, there were a proportion of mixed hereditaments, with those living in premises above retail outlets which they ran having concerns about their rateable value. The Government have been keen to increase the housing supply by allowing developers to give notice to quit to business tenants in blocks of flats in town centres over retail outlets. These premises were then allowed to be converted into domestic dwellings. These conversions have not been subject to building controls, and in many cases have resulted in substandard accommodation with very limited space.

Can the Minister say whether these newly converted domestic dwellings were subject to reassessment of their rateable value? Were they changed from business rates to domestic rates? Did the local authorities in which the dwellings were situated receive less in rates payments than previously or more? As the Minister knows, local authorities are very dependent on the receipt of rates to help balance their budgets and to fund their vital services to the community.

While providing homes for those desperate to escape sofa-surfing with their long-suffering friends and relatives, it is important that the accommodation provided through office conversions is adequate, meets minimum standards and provides a dignified living space for their residents. I look forward to the Minister’s response on this and other matters in this debate.

[The Deputy Speaker (Lord Russell of Liverpool) (CB)]

The noble Baroness, Lady Altmann, has withdrawn from this debate, so I call the next speaker, the noble Lord, Lord Stunell.

Covid-19: “Everybody In” Scheme

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 11th January 2021 Lords Chamber

[Lord Greenhalgh (Con)]

Those are very detailed questions and the noble Lord deserves a proper written answer with the information, such as I can find it. I met the vaccine tsar Nadhim Zahawi last week and rough sleepers are very much a priority cohort to ensure that they get timely vaccinations.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, local authorities did an amazing job during the last lockdown, with many rough sleepers saying they felt valued for the first time. We are now in the depths of winter and many rough sleepers are extremely vulnerable to Covid-19. I welcome the Everybody In funding, but will this cover those who are suffering with addictions—sometimes more than one addiction—and are very vulnerable, especially in rural areas?

[Lord Greenhalgh (Con)]

Vulnerability is incredibly important to understand. That is why the Government have put £10 million on the table for local authorities, which know their communities best, to come up with plans to target those rough sleepers and give them the wraparound care needed. That is how we will proceed: in partnership with local leaders at a local level.

Religious Groups: Financial Support

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 6th January 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I know that that will be the start of a series of specific, bespoke requests, but it is right that the Government think about how we support small, grassroots charities. I want to commend the efforts of my colleague, my noble friend Lady Barran, for setting up the Voluntary and Community Sector Emergency Partnership during the pandemic, which is trying to do precisely that with a £5 million award, and we are looking to build on that for particular faith communities as well.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, the second round of the Cultural Recovery Fund will be open for applications from 7 January and will close on 26 January; £36 million of this funding will be allocated to heritage organisations and businesses, administered by the National Lottery Heritage Fund in partnership with Historic England. Will this fund be open to faith organisations that are based in historic buildings, especially in rural areas?

[Lord Greenhalgh (Con)]

My understanding is that DCMS funding is open to places of worship. In fact, a number of places of worship, including many cathedrals, have been in receipt of funding already.

Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 27th October 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I congratulate my noble friend Lord German on his introduction to this debate. As always, he lays the case out extremely clearly. I also welcome and congratulate the noble Lords, Lord Sikka and Lord Lancaster of Kimbolton, on their excellent maiden speeches. I feel certain that they will both make valuable contributions to our future debates.

We have had a canter around this issue previously and not reached a satisfactory conclusion. I declare my entry in the register of interests. Local councils know their communities, spending time and energy consulting them on both housing and services. Extending permitted development rights drives a coach and horses through this process; the noble Baroness, Lady Young of Old Scone, has illustrated this. I understand the Government’s wish to regenerate town centres but am having difficulty seeing just how these measures will achieve that. Over 13,500 affordable homes have been lost in four years through permitted development rights by homes converted from offices, leading to worse living conditions, lacking basic infrastructure requirements.

Order 755, for the upward extension to blocks of flats and buildings without planning permission, is fraught. There will be up to two additional storeys on terraced houses, limited to 3.5 meters above the next-door house in the terrace. I can just imagine what a terrace of 10 houses will look like with three houses extended upwards but not adjacent to each other, the carefully crafted original design thrown completely out of the window. The Explanatory Memorandum to this SI says:

“additional storeys must be of similar appearance”

and construction. Who will check this if there is no planning approval? My noble friend Lord Greaves referred to this.

Paragraph 7.12 of the Explanatory Memorandum states:

“the local planning authority … will consider certain matters relating to the … construction”,

design, elevation et cetera and notify adjoining properties. Surely, this is what a planning application would cover? There are also issues of parking. If more dwellings are added upwards on the same site, where will the parking required be provided? Poor housing as a result of PDR has been raised by other Peers, including the noble Lord, Lord Crisp.

The demolition of an existing dwelling and construction of new one in its place could be welcomed, especially if the existing dwelling had fallen into disrepair. In this context, the word “old” keeps coming up in the Explanatory Memorandum. There are exceptions that apply to conservation areas. Can the Minister clarify whether this would also apply to grade 2 listed buildings not in conservation areas that had fallen into disrepair? Would it be sufficient if they had been empty for six months prior to demolition and redevelopment? I welcome the comments of the noble Lord, Lord Lancaster of Kimbolton, on HMOs and look forward to the Minister’s response.

I also note under order 755 that building on agricultural land requires the express permission of the landlord and tenant. Can the Minister say what will happen if the landlord gives permission but the tenant, who has been working the land, does not?

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (SI 2020/757) revoke the use classes order. They could include cinemas, dance halls and food takeaways. In future, a change of use will not be needed. With cinemas currently shut, I can see some trouble ahead on this front. Local authorities and their elected councillors take care in the licensing of hot food takeaways, especially in residential areas. They are much better situated in a small row of retail shops serving the residential area than in the middle of a street of dwellings. Considerable neighbour annoyance can be caused by late-night takeaways.

The PDR to support high streets involves a range of changes of use without an application process, for instance from financial services to a betting or pay-day loan shop. Do we really want this to go unregulated at this time, when suicides caused by gambling are at an all-time high? Drinking establishments can change to residential use. Can the Minister give clarity on what class drinking establishments will now fall into? Local pubs were already under severe threat before the Covid lockdown. Some are shut and may not reopen. Their communities will certainly miss them in rural areas.

There are also changes to the community infrastructure levy, which will allegedly avoid confusion. They will also affect local authority budgets.

Lastly, the Town and Country Panning (Use Classes) (Amendment) (England) (No. 3) Regulations 2020 (SI 2020/895) alter the words “280 metres square” to “280 square metres”, a minor but significant interpretation. What can we expect when regulations are introduced at such short notice? Four weeks later, we are having to amend them.

Much has been said previously about local authorities delaying the planning process. This is not true. As my noble friend Lady Thornhill said, more than 90% of applications are approved in a timely manner. The problem is that more than 1 million applications granted are waiting to be built. A handful of developers hold all the land and are sitting on it until it suits them to build out. What is needed is a legal timeframe for completing a development from the date the planning application approval was granted.

The zoning measures in the planning White Paper diverge from carefully crafted local plans. They undermine elected councillors who know their areas. It would have been far better to wait until the end of the consultation period on the planning White Paper before laying these permitted development rights instruments. The White Paper responses and these measures could have been properly analysed together. I fully support my noble friend Lord German.

Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2020

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 29th July 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is a pleasure to follow the noble Lord, Lord Thurlow. I completely agree with his remarks. I thank the Minister for his introduction to the statutory instrument. After 12 years on a district council, I am familiar with permitted development rights and planning fees. However, I am somewhat concerned at the proposals before us. I have no problem with the 20% increase in fees across the board for all types of development, from small extensions, alterations and renewable energy, now set at £96, to fees for planning officer checks, which are up from £250,00 to £300,000 for a development of more than 2,000 homes. I am concerned that this development could take place without full planning permission.

Living, as I do, in a rural area, I am aware that planning, however modest, can generate a huge amount of public interest, which is rarely supportive. For this to take place without the need for planning permission is highly inflammatory to say the least. Permitted development rights have tended to be small in the past. The Government, looking to address the extreme shortage of homes required, brought in legislation that allowed offices to be converted into homes without the required planning permission to be obtained, as the noble Lord, Lord Thurlow, referred to. This led to some very unfortunate circumstances, whereby landowners gave the businesses occupying their buildings notice to quit, so that they could cash in with cheap conversions to flats, without the need to bother with planning.

The instrument, among other categories, puts shops, restaurants, nurseries, gyms and light industrial use into the same use category. This means that one type of activity can be changed for another without any need for additional planning, so a women’s clothing shop on the high street can be changed into a restaurant with no recourse to local council input. A child’s nursery, operating safely in an area, could suddenly find that the gym next door has become light industrial use, with the consequent noise and heavy pollution associated with it.

This will not be popular. It is only through the transparent process of planning and regulation meetings that the public can make their concerns heard. It is only through this process that elected councillors can make recommendations and insert conditions that ensure the safety of those affected. This is not the way to regenerate the economy. Councils take their role in developing local plans for their areas very seriously. Can the Minister say what feedback he has received from councils that now find their local plans overridden by the Government?

Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020

Baroness Bakewell of Hardington Mandeville Excerpts

Friday 24th July 2020 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, I declare my interest as a vice-president of the Local Government Association. I listened to the noble Lord, Lord Greenhalgh, with interest as he laid out the benefits in store for those living in the combined authority area, but I was not convinced.

I have read the instrument and can see that the four constituent councils can elect from their membership one councillor to sit on the authority, plus a second councillor to be a rotational second member. They will undoubtedly be the leaders. These four will then choose from the four rotational members who will sit on the authority each year for a one-year term. These original four councillors are the only ones with votes. The non-constituent councils can each appoint one member to be on the combined authority, and again can appoint a second rotational councillor. These councillors have no voting rights.

The order has an amendment, at Article 19(3):

“In paragraph 3 (proceedings), after sub-paragraph (6) insert—‘(7) Questions relating to the functions conferred by Parts 2 to 5 of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 cannot be carried without a vote in favour by the Mayor or the deputy Mayor acting in place of the Mayor.’”


None of these councillors will be directly elected to the combined authority. I do not know about your Lordships, but this is not my idea of democracy.

The Government dangle extra money and supposed powers in front of councils to get them to dance to their tune. Local government reorganisation causes a lot of anxiety and distress, especially for those district councils delivering services at the front line. Their voters are not clamouring for this to happen. During the Covid-19 lockdown, districts have really risen to the challenge, but their voice is often ignored in the rush by the larger councils in a money-grabbing exercise. I agree that there is some merit in having decisions taken locally.

The non-constituent councils—that is, those which are not part of the combined authority—are Chesterfield Borough Council and Bassetlaw, Bolsover, Derbyshire Dales and North East Derbyshire District Councils. These councils have a seat at the table but no voting rights.

All this upheaval for an extra £30 million a year—that sounds a lot, but the combined authority covers a large area. It will need to be very wise to make it stretch to cover its aspirations. Can the Minister tell the House how the Government can commit an additional £30 million a year for 30 years for this new combined authority at a time when the country is plunging into recession and uncertainty?

Covid-19: Local Government Finance

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 29th June 2020 Lords Chamber

[Lord Greenhalgh]

I thank the noble Lord for drawing attention to our respective backgrounds in local government. Clearly, the most important thing is to keep the important services of councils running—their care for the vulnerable and these other things. That is why 90% of the money given so far has been directed to those authorities with adult social care budgets, which provide such a large proportion of the cost-base of a council.

[Baroness Bakewell of Hardington Mandeville (LD) [V]]

My Lords, these are exceptional circumstances. Can the Minister tells us whether, in order to prevent council bankruptcy, the Government would consider allowing local government the same privilege as the NHS of carrying its deficit forward into future years?

[Lord Greenhalgh]

At the moment, all I can point to is the commitment by the department to ensure that the cost and demand pressures, as well as the income pressures, are covered by a comprehensive plan. In addition to the increase in funding for local authorities, that would obviate the need to change the way that local government is financed for the time being.