Neighbourhood Planning Bill

Debate between Baroness Cumberlege and Baroness Parminter

Report: 1st sitting: House of Lords
Thursday 23rd February 2017 Lords Chamber

[Baroness Parminter]

My Lords, as these amendments are also in my name, I want to add that I think that they are an incredibly eloquent solution to the position that the Government now find themselves in, for which I commend my noble friend Lord Stunell. As we have heard from noble Lords around the House, there has been no real evidence put by the Ministers of the problem that these pre-commencement condition limitations are seeking to solve. We have had single citations from developers and development organisations, but there has been no clear indication of the scale of the problem—no indication at all. It is, I am sure, no surprise to noble Lords to find out that, when the Government consulted on this matter, there was not a majority in favour of pushing ahead with these proposals. Only a minority of people supported them.

In Committee, I spoke about the need to ensure that the housing we build in the future is truly sustainable, particularly from the perspective of dealing with flooding issues. I have genuine concerns that if the Bill goes ahead in its present form the limitations on pre-commencement clauses will limit the ability of local authorities to ensure at an early stage in the planning process that the homes of the future that we need are robust and do not add to flood risk. I contend that as regards not only flood risk but also risk to our natural environment, heritage and culture, the Bill does no more than respond to protests from developers, and will constrain our ability to build the homes that we need in the future.

My noble friend’s amendment is absolutely right and is a very clever way of ensuring that the Government achieve what they want to do, which I am sure we all agree is reasonable—namely, to ensure that unreasonable pre-commencement condition clauses are not put forward and that we focus on ensuring that anything that comes within the scope of the National Planning Policy Framework is deemed to be suitable. That seems to answer all the questions that noble Lords might have about that. Therefore, on that basis, I fully support these amendments.

[Baroness Cumberlege]

My Lords, I strongly support these amendments. If my memory serves me right, in Committee we voted against what was then Clause 12 standing part of the Bill. Clearly, that was not acceptable to my noble friend Lord Bourne. In the intervening period a lot of thought has gone into how we arrive at what the Government are trying to achieve. The noble Lord, Lord Stunell, put forward a case that was persuasive, clear, simple and elegant. As a latecomer to this debate on neighbourhood planning and local planning, I have learned a lot about the NPPF. I say with respect to the most reverend Primate the Archbishop of York that it is the bible of planning. It is the document that everybody looks to. The most reverend Primate whispers at me. I will seek absolution later.

This measure is a very clever way of meeting everybody’s needs. When one takes part in a Bill such as this, it is interesting to note where the traffic comes from in terms of the people who write to you and all the rest of it. I have not had any developers write to me but I have had correspondence from a lot of other people. As I say, this measure is a very clever way of trying to find a way through this issue. I hope that my noble friend—in this case it is my noble friend Lord Young, of whom I am an admirer, possibly a groupie, I do not know—with his intellect, and with the great intellect of my noble friend Lord Bourne, will say that we can find a way through this. This measure is probably the very best way we could find of doing so.

Neighbourhood Planning Bill

Debate between Baroness Cumberlege and Baroness Parminter

Committee: 3rd sitting (Hansard): House of Lords
Monday 6th February 2017 Grand Committee

[Baroness Parminter]

My Lords, I gave notice of my intention to oppose Clause 12 and I support the words of the noble Lord, Lord Kennedy. Indeed, the response from the Minister to what I thought was a reasonable proposal to bring forward an exemption for conditions that are clearly reasonable has strengthened my resolve to support any move to delete the whole clause.

The reasons for that are twofold. I do not want to repeat what I said earlier, but one thing pre-commencement conditions do is overcome the situation at the moment whereby developers are paying the cost when it comes to pre-commencement conditions but the benefits are borne by other people—normally the local community or the environment, or through biodiversity benefits. Without pre-commencement conditions, of course the developer will say, “We don’t want to bear these costs”. Pre-commencement conditions account for those benefits—those externalities—and allow local planning authorities to ensure that those benefits that accrue to others can be accounted for.

In the Minister’s letter on what the unreasonable pre-commencement conditions are, will he also include a list of what are, in his mind, reasonable conditions? It seems to me that drainage is very much a reasonable condition, given that the benefits are accrued by home owners and the community but the costs are borne by the developer.

The second reason I am now more minded to support the opposition to Clause 12 builds on the point made by the noble Lord, Lord True. The Minister says that we will want local authorities, if they have the gumption, to turn these applications down. But let us consider a housing application for, say, 20 homes in a rural area. Let us say that a fairly reasonable, as I would see it, pre-commencement condition is attached for sustainable draining solutions but the developer does not agree. Those houses have agreement in the local plan and the neighbourhood plan. Is the Minister saying that this Government want local authorities to turn down applications that have the support of the local plan and the neighbourhood plan because they cannot get agreement on a perfectly reasonable proposal —in this case for drainage—that is part of a pre-commencement condition? That is what the Minister said. This is the nuclear option. If the local authority does not get agreement from the developer for sustainable drainage systems, the only option it has is to turn it down. That will increase delays and conflict in the system, which the Bill is rightly trying to stop. If we want to build homes, it seems to me that this nuclear option will not deliver what the Government want. Therefore, I support the proposal that Clause 12 should not stand part of the Bill.

[Baroness Cumberlege (Con)]

My Lords, I too oppose the question that Clause 12 stand part of the Bill. I have been tedious beyond endurance and I thank the Committee for its patience. At each stage I have tried very hard to ensure that there is a separation between the powers of the Secretary of State and the responsibilities of local authorities, working with their local communities. I share the deep concern of the Delegated Powers Committee, which the noble Baroness, Lady Andrews, and the noble Lord, Lord Shipley, mentioned. It has deep reservations. We must be careful not to brush away the work of that committee and the recommendations it makes, because it is the watchdog for our legislative processes and thoughts and what we bring forward. I was interested that my noble friend the Minister said that he will take real cognisance of what it has been saying and will try to meet those concerns.

One of the things that surprises me in all of this is that the legislation that the Neighbourhood Planning Bill is based on is the Localism Act. We know that this concept has been warmly welcomed by so many who have embraced neighbourhood plans, and we know that there are many more in the pipeline. In reply to an amendment last Tuesday, the Minister told the Committee that the Secretary of State’s,

“current policies for intervention strike the right balance between the national interest and local autonomy”.—[Official Report, 31/1/17; col. GC 176.]

I have to say that in my area the experience was to the contrary. There was no planning issue of national importance and yet the Secretary of State intervened, with devastating results.

However, I am encouraged by my noble friend’s reply to the noble Baroness, Lady Andrews, when the Committee met last Thursday. He quoted his honourable friend Gavin Barwell as having said that,

“as long as authorities have policies to address their strategic housing and other priorities, we want them to have more freedom in the type of plan that is most appropriate for their area. The Government have put local and neighbourhood plans at the heart of the planning system. We put local authorities and communities at the forefront of shaping a vision for their areas and deciding how to meet their development needs. The existing regime reflects the understanding that local planning authorities, together with local communities, are best placed to set out future development for their local area”.—[Official Report, 2/2/17; col. GC 261.]

I say amen to that. That is absolutely what we want. That is what we are trying to achieve through this Bill.

I have referred almost exclusively to the Secretary of State and sometimes the ministerial team. But this is not personal and I want to get on the record how much I appreciate my noble friend Lord Bourne’s approach to the handling of the Bill. He has said he will listen and—I have to say, with great patience—he has. He has said time and again, “We will work with noble Lords in an inclusive way”, and he has and is doing so. He has asked for positive engagement. We are willing. Like Barkis, we are more than willing. I sense my noble friend is also willing to negotiate worthwhile amendments to improve the Bill. I welcome that and I look forward to his useful amendments when we come to Report.

I turn to Clause 12 specifically. As I have previously said, seeking that a whole clause should not stand part of the Bill gives noble Lords an opportunity to see the clause as a whole. My concern with the totality of this clause is that, contrary to what I am trying to achieve and what my honourable friend Gavin Barwell has said in another place, it does nothing to separate the powers of the Secretary of State from the responsibilities of the local planning authorities. My noble friend Lord True, whom I thank for his kind comments, and the noble Lord, Lord Kennedy, said that the clause does not mention neighbourhood planning at all. In addition, the whole clause is about the Secretary of State’s determination to control the work of local planners. The tenor of this clause is therefore that the Secretary of State does not trust the people. He does not trust local planners, who know the area best.

New subsection (1) gives the Secretary of State unlimited powers to waive conditions that may be very inappropriate to particular areas and populations. Again, therefore, we see the heavy hand that continues through nine new subsections, and the point of the Bill is quietly buried; it has nothing to do with neighbourhood planning. Surely the imperative is for local planning authorities to deliver the strategic policies of the Secretary of State, but apparently that is not enough.

I very much respect people who are on local authorities at the moment. When I read about them and look at what they are doing, it seems that they are working their socks off to deliver what is needed. But apparently, this is not enough, and the Secretary of State says that he must come in and tell them what to do and how. Therefore, as the Minister is fully aware, in our area there is total disillusionment with the neighbourhood planning process and fury at the intervention—the interference—in the minutiae of local planning from above.

The Minister went through all the new subsections in Clause 12, and I thank him for his full explanation. However, he did not address the issue: why is this clause necessary? Why does the Secretary of State risk antagonising local planners on a whim, removing planning conditions? Why does this require intervention by the Secretary of State? Planning pre-commencement conditions are important. They ensure the quality of development and its empathy with the local area. The noble Baroness, Lady Parminter, put it so well, saying that this is the essence of planning.

I was involved in a case years ago, in which 171 identical houses were to be built along a snake-like road. We turned that down, fought appeals and won them. We now have a development that has open spaces and all sorts of different housing: bungalows, terraced housing, and detached four-bedroom houses. It is a lovely area, and so different to what it would have been like if we had agreed to the original application. Conditions are important, because those are the ones we put in and which we eventually managed to get.

It is therefore about the quality of development. I pay tribute to the forensic way the Minister took us through the different new subsections. However, it is not good enough. We are losing the whole principle of neighbourhood planning and localism. I very much look forward to the letter that my noble friend will send, and I sense that there is already some rethinking on how this clause and the new subsections need to be amended. However, I urge him to go further. Can he be brave, and in his letter give us some hope that this clause may be deleted altogether? It is irrelevant in the Bill.

Neighbourhood Planning Bill

Debate between Baroness Cumberlege and Baroness Parminter

Committee: 1st sitting (Hansard): House of Lords
Tuesday 31st January 2017 Grand Committee

[Baroness Cumberlege]

My Lords, I also have amendments in this group. The first states:

“The Secretary of State must, by regulations made within one month of the coming into force of Part 1, define ‘modification’ for the purposes of this Act.”


The Whips’ Office decided to amalgamate this amendment with those of my noble friend the Minister because it is about definitions, as are some of his.

Legislation is very taxing—I suspect that we might feel a little older at the end of this Bill—but it is taxing because of the terminology. As a latecomer, I am only just learning planning speak and that is because of some of the weasel words—I referred to them earlier—that creep into it. It was Voltaire who urged, “If you wish to converse with me, define your terms”. I therefore ask my noble friend to define “modification”. Please can we have some examples? For instance, five houses in a hamlet on the wrong site could be devastating; five houses in a large town could easily be fitted in. So where is the line drawn on modification? What does that word mean?

My second amendment in this group, Amendment 8A, also concerns modification and depends a little on my noble friend’s answer to my Amendment 8. In Amendment 8A, I plead that every modification made need not be treated as significant or substantial, requiring a full-scale rewrite followed by a referendum—I hope that that will not be the case. Paragraph (b) states that any modification must allow scrutiny by the residents of the neighbourhood plan. Paragraph (c) states that only if the parish and town councillors deem it necessary and want confirmation again that what they are planning is acceptable to the local community should they have the opportunity to hold another referendum. I am therefore seeking to give authority back to parish and town councillors and ensure that they still have a locus when either the local authority or the examiner makes decisions which might negate the plan.

[Baroness Parminter (LD)]

My Lords, my Amendment 64 is in this group. I think that is because part of it fits with the Government’s amendments, although mine in its entirety is somewhat broader about creating the conditions to encourage more local communities to prepare neighbourhood plans and to shape and build sustainable communities. I think everyone in the Committee can support that, whether we believe in the political ideology of taking decisions at the lowest possible level or, as the Minister rightly reminded us a few moment ago, because of the Secretary of State’s stated desire to build more homes, because we all know that neighbourhood plans deliver more homes.

Of course, this issue was raised in the Housing and Planning Bill, and the Bill before us is the Government’s response to it. I very much welcome Clause 1 and the government amendments that the Minister has just introduced, which are in part a response to the debate on this matter in the other place. But I contend that they still do not go far enough in giving neighbourhood councils and parish councils that are drawing up neighbourhood development plans the reassurance that the time and effort they are putting in are worth while.

Clause 1 says that local authorities “must have regard” to neighbourhood development plans, but there are no sanctions. Furthermore, this applies only to post-examined plans, whereas case law says that draft plans should be taken into account. As I say, I welcome the government amendments made in response to the matter being raised in the House of Commons, which make it a requirement of local authorities to consult with neighbourhood planning bodies, but they are not clear about ensuring meaningful consultation; for example, by specifying how long it should take or, critically, what duty the local authority has to take any comments into account.

My amendment would make clear what the consultation with neighbourhood plans on a planning application would actually mean, as well as the duty placed on a local authority to take those views into account. If a local authority then ignores those views, the decision can be called in. That is a very limited right. It is a right not for individuals, but only for parish councils and neighbourhood forums whose neighbourhood plans have progressed to at least the point of formal submission to the local authority for examination.

To date 268 neighbourhood plans have been made, out of a potential 9,000. If we are going to secure more neighbourhood plans, the Bill has to strengthen the weight of communities’ views, expressed in neighbourhood plans, such that they should not be ignored by local planning authorities or the Planning Inspectorate. In the Housing and Planning Bill, the Minister kept saying that there had not been any examples of this. I am delighted to inform this Minister that after a bit of skimming on my part of some past applications, I found at least one in the space of one afternoon. In August 2014 South Oxfordshire District Council approved the planning application for the development of two new industrial units in Cotmore Wells Farm in Thame, despite the proposed development encompassing 50% more land for employment than had been allocated in the neighbourhood plan. But frankly, whether or not there have been cases is not the point. The point is that neighbourhood plans can be overridden if there is no sanction.

As my noble friend Lord Greaves and others have pointed out, we are asking volunteers to give their time and energy, over years, to pull these plans together. I welcome the commitment in the Bill to improve the level of resources at their disposal but some volunteers are working 20 or 30 hours a week, with extremely limited resources, particularly if they are not a parish council and do not have parish council resources and a parish council secretary to push the matter forward. Why should they do it if there is no redress when a planning application contrary to a neighbourhood plan is approved by a local authority—driving, as I have often said in this Room, a coach and horses through everything that has been agreed?

I ask the Minister: why do the Government feel that they should give a duty to local authorities to have regard to neighbourhood plans, as they have stated quite explicitly in Clause 1, if there is absolutely no sanction if they do not? Do they really feel that that provides sufficient encouragement for more neighbourhood plans to be brought into being, which we all know we need and which will ensure that the houses we want to be built are built?