Neighbourhood Planning Bill

Debate between Baroness Cumberlege and Baroness Bakewell of Hardington Mandeville

Committee: 2nd sitting (Hansard): House of Lords
Thursday 2nd February 2017 Grand Committee

[Baroness Cumberlege]

My Lords, very often when we discuss a clause not standing part of a Bill, it is an opportunity to discuss broader matters and the whole of the clause. I am concerned about this clause because it gives me vibes that the Secretary of State wants to micromanage some local planning issues. I would like to understand the intentions behind this lengthy clause and the Minister to explain whether it furthers the cause of devolution of planning powers.

I agree with the noble Lord, Lord Kennedy: this is the Neighbourhood Planning Bill and yet that is not mentioned in all these clauses. Having been a Minister, I know that it is often extremely hard to get some policies that you feel keen about in the department into a Bill. I wonder whether this clause contains all kinds of policies that the department really wants to get legislated and that this is a hook to hang it on. I hope that that suspicion will be negated by my noble friend.

I am worried that the words “direction” and “direct” run through nearly every sentence and clause of the Bill. That says a lot to me. I have been trying throughout the Bill to separate the powers of the Secretary of State—the overall policy—from the local. As the noble Lord, Lord Kennedy, said, this is not about localism but about the Secretary of State having power to intervene in local issues.

I am also suspicious about whether this is a first step towards getting local authorities to merge. I know that we are talking about planning documents, but I wonder whether this is a first step towards merging local planning authorities. In my area, two planning authorities have willingly combined their back office services. That is fine: it works great, saves money and so on, and we, the inhabitants of those areas, are quite content with that. However, we would resist very strongly if two local authorities were forced to merge because the Secretary of State at that time felt that it would be a good thing to do. That should be resisted, and we would resist very strongly.

I wonder about the content of the clause. Even if it is only about getting authorities to prepare joint planning documents if they do not want to do so, is that a good thing to do or is it a first step? To me, bringing about mergers is about diplomacy, not autocracy. I fear that this has elements of autocracy, but I hope my noble friend will put me right. I am very concerned about this.

As to Clause 8—again I may be mistaken because it is a long time since I was involved as a county or district councillor—in my area of East Sussex, the county council has devolved all the local planning it can to district and borough councils. The county council makes decisions on mineral extraction, waste management, schools, libraries and roads but it does not do detailed planning. It seems slightly odd to make it the default authority for local planning if district or borough planners fail to live up to expectations.

The Bill deals in detail with housing, sites, employment and things of that sort which towns and parishes know a lot about. I thought about what police authorities do when they have problems in their local areas. Of course we get problems in local authority areas. The police get another police force from outside the area to look at the problem, as it knows about policing. If we want a system whereby we can bring together authorities and unpack some of the difficulties that they are facing, would it not be better to get a well-regarded local planning authority to come to help? That seems a better choice. I may have misread both these clauses, so I hope the Minister will put me right.

[Baroness Bakewell of Hardington Mandeville]

My Lords, I was a county councillor for 20 years and have been a district councillor for eight years, so noble Lords will not be surprised that I shall speak against Clause 8 standing part of the Bill. All local authorities are under extreme pressure following many years of budget cuts, and services are being squeezed. In county councils and unitary authorities, children’s services and adult social care are demanding more and more of their budgets. Are the Government seriously proposing, at this critical time, that county councils should take over the preparation and execution of districts’ local plans?

In Somerset, all districts have local plans in place that followed due process and were adopted. There are, of course, other areas of the country where this is not the case, but beating them over the head with a stick hardly seems the way to bring them into line. Paragraph (b) of new Clause 7B inserted by Schedule 2 refers to upper-tier county councils being invited to prepare or revise the development plan. This gives the impression that if a district council has drawn up a plan with which the county council has some disagreement, it can blithely take it over and amend it to its own ends, regardless of how pertinent and important the plan may be to the inhabitants of the district.

The District Councils’ Network opposes Clause 8 because: county councils do not have the local planning expertise required to discharge this proposed function, as the noble Lord, Lord Kennedy, said, which could lead to further delay; the expenditure incurred by county councils in discharging this function could lead to further additional costs, which would adversely impact on the existing planning capacity of district councils; and there is a lack of clarity about who will be legally responsible in the event of a challenge to an adopted local plan if it is approved through this route.

Surely the Government are not looking to burden county councils with this additional work to replicate that which has already been undertaken by district councils. Neither level of local authority is looking for extra work at a time when one is desperately trying to find the money to care for the vulnerable and the other is desperately trying to facilitate the building of much-needed homes in accordance with the Government’s agenda. I look forward to the Minister’s comments.