Neighbourhood Planning Bill

Debate between Baroness Cumberlege and Lord Bourne of Aberystwyth

Report: 2nd sitting (Hansard): House of Lords
Tuesday 28th February 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I will speak collectively to government Amendments 64, 72, 76, and 77. I listened carefully to the concerns raised during Grand Committee and am grateful to the noble and learned Lord, Lord Judge. He is not in his place but was most generous with his time in meeting with me between Committee and Report to discuss the matter further. I know that other noble Lords have focused on this area: the noble Lords, Lord Pannick, Lord Kennedy and Lord Beecham, and my noble friend Lady Cumberlege have all raised concerns on this.

These government amendments narrow the scope of the consequential power in Clause 40 to apply it to only Part 2 of the Bill—the part related to compulsory purchase and not the part related strictly to neighbourhood plans. We expect it to be most needed in relation to compulsory purchase and therefore have responded to concerns raised in Grand Committee.

The Government have also ensured that the new consequential power which applies to Part 2 of the Bill allows provision “in consequence of this Bill”, rather than provision which the Secretary of State,

“considers appropriate, to be made in consequence of this Bill”.

This change of words may appeal to those who thought that the original language was too subjective.

I do not wish to pre-empt any points that noble Lords may wish to make on this but I do want to address the concerns raised. We have responded to those concerns and significantly narrowed the scope of this provision in the Bill. I beg to move.

[Baroness Cumberlege (Con)]

My Lords, I declare an interest. As noble Lords are aware, I have a legal case pending. I took advice from the Clerk of the Parliaments and was told that the sub judice rule does not apply in my case. My other interests are in the Lords register.

I am very grateful to my noble friend Lord Bourne for adding his name to my Amendment 68. As he explained, it will delete the Henry VIII clause pertinent to the compulsory purchase and compensation part of the Bill and will narrow the scope of this clause. We had a robust debate in Committee and I was extremely grateful to the noble and learned Lord, Lord Judge, for speaking to the amendment there with such lucidity, force and wisdom. Again, he put his name to my amendment here but sends his apologies to the House because he has a long-standing engagement.

I am delighted that the noble Lord, Lord Pannick, is here this evening and will support the amendment, as will the redoubtable noble Lord, Lord Kennedy. Best of all, my noble friend Lord Bourne, the Minister, put his name to the amendment as well. I am sure that, having reached this agreement, he put in a huge amount of time and energy in negotiating to achieve what we have achieved this evening.

Neighbourhood Planning Bill

Debate between Baroness Cumberlege and Lord Bourne of Aberystwyth

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

[Baroness Cumberlege (Con)]

My Lords, I should first declare my interests. I have a legal case pending. I have taken advice from the Clerk of the Parliaments and I have been told that the sub judice rule does not apply in my case. My other interests are in the Register of Lords’ Interests.

It is good to be back in your Lordships’ Chamber. We spent four days banged up in Grand Committee—perhaps that is not parliamentary language, but sometimes it felt like that—where we probed, examined and debated the Neighbourhood Planning Bill. Now that we are on Report we can go further and are allowed to vote on issues of importance.

Although the Bill may appear modest, it affects every community in England. It reflects the foundations of our society, now and in the future. It is not only about building houses, although we know that they are very much needed. It is about building homes, strengthening communities and ensuring that we create better lives for future generations. The public, parishes and local community groups have been inspired by the Localism Act and have set about producing their neighbourhood plans. Throughout our debates we have agreed that this is not a nimbys’ charter. On the contrary, neighbourhood plans have been drawn up by good people suggesting sites for new homes, conscious of the public good.

During the course of the deliberations, the Government’s White Paper was published, as was promised by my noble friend the Minister. In the White Paper we are told on page 17 that the Government is making it easier for communities to get involved and shape plans for their area. A little earlier it says that they are to be put in charge. This is very good news—but the Bill as drafted does not echo these admirable sentiments. On the contrary, it creates a gulf between these fine words and the reality.

In my community—and daily we hear of others— the cherished neighbourhood plan, created, lovingly researched and compiled, is cut to ribbons, first by the examiner, later by the inspector on appeal and lastly by a Secretary of State who cannot resist the temptation to meddle in business which is not his domain. His duty should be to uphold the neighbourhood plan except in the most extreme circumstances.

Throughout all stages of the Bill I have been clear and consistent. As I see it, the Secretary of State for Communities and Local Government is charged to produce policies which he and the Government believe are right for the country. His policy is to build houses speedily and where they are required and to cut the red tape that thwarts developers from developing. He should demand that sites already granted planning permission should be used and that affordable homes must make up a large part of the building programme. That is his remit and I applaud it, but thereafter it is the local planning authorities that should fulfil the desires and petitions of the Secretary of State in the best way they can with the benefit of knowledge of their local area. Furthermore, individual parishes, town councils and community forums, which have even more intimate knowledge of the communities they care about, should then be given specific parameters such as the number of houses required in their parish or bailiwick. They have a key role in determining where, when and what homes are needed. That fulfils their part in the local plan which, as I have said, is encouraged in the White Paper.

Planning is a somewhat opaque discipline. I have said previously that it is unlike medicine, which I know a bit about and which has centuries of scientific research and data to build on. Planning relies on policies, opinions and a plan-based system. I have to say that it is a system which has worked reasonably well in the past. Through my amendments, for which I am grateful to have strong cross-party support, I seek to make the responsibilities of both central and local government crystal clear: each should respect the remit of the other. I have tried to work with my noble friend and his department to see whether we can reach some sort of agreement on this, but, although I have refashioned all my amendments, they are again up for debate because I honestly believe that the Government do not trust the people and are seeking to micromanage local planning matters.

If each side would just stick to their knitting, these amendments would not be needed. If planners fail to deliver, the wrath of the Secretary of State is justified. Where the Secretary of State interferes with the neighbourhood plan he gets, and deserves to get, the wrath and indignation of those of us who have drawn up plans and had them approved by their local community through a referendum. Subsection (1) of my proposed new clause sets out clearly that when the Secretary of State or those appointed by him are exercising their functions under the Town and Country Planning Act 1990 they,

“must seek to uphold any relevant neighbourhood plan”.

In addition, they would have a duty not to override the provisions in the plan unless the land is needed for a national infrastructure proposal. By that I mean that the land is needed for, say, an airport expansion, a major highway scheme or a rail scheme of national importance—we discussed HS2 earlier.

In subsection (2) I have provided that, if that is the case, the Secretary of State should set out his requirement for further housing but that he,

“must have regard to the policies of the neighbourhood development plan”.

In our case, not only were our policies ignored—worse, they were reversed by the Secretary of State. We did not want street lighting because we are in a rural village. We have always opposed street lighting but he has insisted that it should be in place. We did not want five-bedroom houses. I know that they are very lucrative for the developer, but we actually have too many. He has planned them in. We wanted a break between our village and the next, but the parish boundary was ignored. No wonder we are furious.

Ancient boundaries should be respected. Communities want to keep their historic identity. Under subsection (3) of the proposed new clause, if more houses are required, it is not for the Secretary of State to decide where they should be sited but the local planning authority, with the local community. The Secretary of State should not meddle in the minutiae of local planning. He should stick to strategy. That is his remit.

My noble friend Lord Bourne has been very generous and considerate to all noble Lords who took part at Second Reading and in Committee. He has looked at our amendments, he has given his time and he has been very diligent in trying to meet some of our concerns—as has his department. His department has been very courteous and considerate throughout. But I urge my noble friend not to give up now but to think a little bit more about how our system works and where the responsibilities lie. Perhaps he would like to think again about my amendments and see what he can bring back at Third Reading. I beg to move.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, I will say a few words which I think will help the House in the context of my noble friend’s amendment. I am very grateful to her for the time that she has spent with me and my officials and for her championing of neighbourhood planning. However, contrary to the advice that she has had, I cannot say anything about her neighbourhood plan. I wish I could because there are things that I would deploy but the matter is sub judice and subject to appeal.

As I said, my noble friend has been extremely generous with her time on this important matter, meeting me five times in recent days to scrutinise the current framework for neighbourhood examinations, and has put her arguments forward for their reform. I am grateful to my noble friend and the noble Lords, Lord Kennedy, Lord Shipley and Lord Stunell, for the time they have given to work with my department to identify possible solutions to address their concerns. They brought practical experience and wisdom, for which my department has been most grateful.

I will take the opportunity to set out what we are already doing in response to these concerns because that is relevant to this amendment and others. I also want to be clear that I am continuing to look further at this matter and will keep noble Lords informed. It may be helpful if I put this in context. We are consulting in the housing White Paper on what changes may be needed to ensure that consultation and examination procedures for all types of plan-making are appropriate and proportionate. This provides an opportunity for communities and others with direct experience of the examination process to inform any reforms. I take this opportunity to encourage contributions to our consultation. Building on our discussions with my noble friend, we are also considering what additional material to support this consultation could be made available on our website.

I have also been talking directly to examiners to understand what action they will take now, independently of government, to ensure that communities and others have confidence in the examination process. Indeed, I had the first of these meetings yesterday with representatives of the Royal Institution of Chartered Surveyors, which manages the neighbourhood planning independent examiner referral service, and with a number of examiners. The referral service is one of the main providers of examiners used by local planning authorities. I am pleased to inform noble Lords that, in response to our discussions, RICS has committed to producing procedural practice guidance on examination by the autumn for the examiners it works with. The guidance will provide clarity and reassurance that an open and transparent process will be consistently applied to the examination of neighbourhood plans. I will endeavour to supply additional detail to noble Lords who have participated in discussions on the Bill as to how that will pan out.

We will also amend planning guidance to clarify our expectations of local planning authority engagement with neighbourhood planning groups before and during the examination process. We have already made amendments to the Bill in Committee that will enable the Secretary of State to, for example, require authorities to set out how they will provide advice to neighbourhood planning groups on the relationship between a neighbourhood plan and the plans that the authority has prepared or is preparing.

My noble friend and other noble Lords have also highlighted the technical knowledge needed to prepare a neighbourhood plan and the challenges that groups can face without access to specialist skills. We confirmed in the housing White Paper that we will make further funding available to neighbourhood planning groups from 2018 to 2020 and we are continuing to develop the tools and support available to neighbourhood groups. We are already doing more to promote the availability of these tools and resources.

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[Lord Bourne of Aberystwyth]

My Lords, I thank my noble friend for moving the amendment in the second group, and the noble Lords, Lord Kennedy and Lord Mawson, for their participation.

I can reassure my noble friend that the Government agree that development is about far more than just building homes—a point that the noble Lord, Lord Mawson, has just made very forcefully. It is about creating communities, and the essence of this piece of legislation, as we all affirmed when it was going through Committee, is not just about building more houses, although clearly as a nation we need to do that, but about ensuring that it is done at an appropriate local level and giving strength to communities. That is the essence of this legislation.

The recent housing White Paper is clear that communities need roads, rail links, schools, shops, GP surgeries, libraries, parks, playgrounds and a sustainable natural environment. Without this infrastructure, no new community will thrive, and no existing community will welcome new housing if it places further strain on already stretched local resources. I agree with that general point. It is very central to the legislation.

A key benefit of neighbourhood planning is that it enables local communities to provide a long-term strategy for housebuilding so that they can manage when and where homes are built in their local area. Depending on the local situation, the process may include consideration of the likely impact of proposed site allocation options or policies on physical infrastructure, such as the local roads network, and on the capacity of existing services, which could help shape decisions on the best site choices. That provision of local infrastructure could well justify phasing the delivery of development. It may also require neighbourhood planning groups to consider phasing the delivery of development to ensure that they have a realistic plan for delivering their housing policy within required timescales with the right facilities available for the community.

At this point, I must thank the noble Lord, Lord Kennedy. We are beginning to know each other so well in these exchanges that he is able to speak not only for the Opposition but for the Government—I know he is after my job, but there are limits. Neighbourhood planning groups are already able to phase development. We would encourage that, although it has to be appropriate to the circumstances of the local community. It must be backed up by clear evidence as to why there should be a restriction on when a specific site or sites should come forward for development. It should be evidence based, and we would all accept that. This is because we want as a nation to ensure the proposals are deliverable.

I agree with all the sentiments expressed in the debate, but I remind noble Lords that this facility is available at the moment. Provided it is evidence backed, it makes sense and is what local neighbourhood groups should be doing. The Government firmly believe that these matters are best dealt with by local communities and their local planning authority working together, as they are best placed to make decisions that affect their local area. With that reassurance, I ask my noble friend respectfully to withdraw her amendment.

[Baroness Cumberlege]

My Lords, I thank the noble Lord, Lord Kennedy, for his support throughout this. It seems to me that phasing is common sense. It does not have to be something that is scientific; it is very specific. I agree with my noble friend that it is up to local people. I am anxious to ensure that there is freedom with the Act, within planning appeals and applications, and that there should be an opportunity for phasing when the local community feels that that is right.

The noble Lord, Lord Mawson, has had real experience of huge developments across the country. He brings a very special quality to those developments in that he understands communities in a way that many of us do not; he knows the real detail. I have heard him speak on many occasions, and he is ensuring that what is happening works well. The noble Lords, Lord Kennedy and Lord Mawson, are right that we have to learn from the past and from when things have gone wrong.

I am grateful to my noble friend Lord Bourne and think that he does feel that there should be opportunities for this phasing to take place, where the local communities want it. I would like some more assurance, perhaps by letter or however he wants to communicate with me, that we can ensure that phasing is available to local communities. Phasing is not part of the way in which some of these neighbourhood plans are now being drawn up, because it is felt not to be appropriate. If we could have some commitment from the Government that it is appropriate, it would give a lot of comfort to a lot of people.

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[Lord Bourne of Aberystwyth]

I thank my noble friend very much for that point and I apologise for not picking it up in my earlier response. I will go away and reflect on it. Certainly, it would be helpful if we could give more information about how this process operates—how people are qualified, what the training is and so on. Perhaps we could do that on the website. I will look at that and I thank my noble friend also for the constructive discussions we have so far had on the issue of permitted development, which I know is of concern to him.

[Baroness Cumberlege]

My Lords, I thank those noble Lords who have taken part in this debate. I particularly value the support from the noble Lord, Lord Shipley.

It was interesting that the noble Baroness, Lady Pinnock, talked about green belt land. My experience has been with areas of outstanding natural beauty, which in a way have a synergy with green belt land, and it seems that those areas are not designated easily. It takes a lot of effort to get the designation and they should therefore be treated with real respect. I was also interested in what she said about the urban green spaces. In my area I know that they are much cherished by local people, who are forced to live in small and crowded accommodation. They can go to those spaces and there is some relief—relief for all generations but particularly for young children and, I think, for boys who want to kick about a football and all the rest. If we build on all those areas, we will have much more trouble with our future generations.

I was interested in what my noble friend Lord Bourne said about London and how it is not a very densely populated city. We should rejoice in that and think of all the wonderful parks we have, and the gardens shared by inhabitants in the area. When you fly over London, you see in its centre these wonderful green areas. I am sure that my noble friend does not think we would want to build over them all. For me, they are precious—but more precious are the small, green urban spaces, which really affect the people who live in difficult circumstances and find in them a relief or a way out.

The noble Baroness, Lady Parminter, was so right: we need the evidence and to know what is going on. It is so easy to continue with policies that are really not assessed. We need some assessment to ensure that what we are doing is the right thing. My noble friends Lord Porter and Lord True were interesting on the role of the inspector. The system is strained and once we get real strain, we get confusion. That is not good for government; government needs clarity.

I very much accept the view that the amendments I tabled can be mightily improved and I appreciate that those who are in the business as council leaders and so on feel that the language is too strong. Perhaps we should avoid “must” and say “have regard to”. We need to make sure that what we are doing allows some flexibility.

The noble Lord, Lord Shipley, again talked about how we have had some difficulties with the three-year supply, the five-year supply and all the rest. In summing up, my noble friend Lord Bourne said that there were issues which needed demystifying. We need to do that and to think about the role of inspectors. I look forward very much to what the Minister can tell us in more detail about their role and whether guidance is considered inappropriate—although we use it in a lot of other instances. I accept that inspectors are professional people and clearly need to come to their own conclusions—but not in a vacuum. We need to consider carefully what happens when these appeals are allowed outside the neighbourhood plan and are called in by the Secretary of State. What has been carefully crafted is then blown to pieces. So I am grateful to my noble friend for the assurances he has given and I look forward to further negotiation on this aspect of the Bill. I beg leave to withdraw the amendment.

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[Baroness Cumberlege]

My Lords, we have had examples of new developments that were produced centuries ago, in the 1800s or whatever, I think we should look to today. Poundbury near Dorchester is a very interesting new development. Of course, it has a very distinguished landowner, and I am sure he or his people negotiated extremely well with the local authority. My nephew lives there, so I know it quite well. There is a variety of housing there, which is a good start for a community. It was phased—it was grown over time. Critically, it has employment; it is not a dormitory. It has Dorset Cereals and all sorts of different employment opportunities. It is not all on an industrial estate that is marked “Industrial Estate” on a map. It weaves through the whole of that village and community—that growing little town. We must think seriously about this issue in our planning; otherwise, as I have said before—I apologise for repeating it—we are going to have a Secretary of State not for communities but for dormitories. We should avoid that. We should be building proper communities, and proper communities have employment.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in the debate. I thank the most reverend Primate the Archbishop of York for his very helpful tour d’horizon. Something occurred to me regarding what he said and the recent work on the bridge at Tadcaster. He rightly talked about the mixture of tenures that is in the White Paper, affordable housing and a sense of place and community. We have broad support for this amendment. I thank him most particularly.

I thank the noble Baroness, Lady Parminter, for moving the amendment so effectively in the absence of the noble Lord, Lord Taylor, who, unavoidably, is not in his place today. I am sympathetic to the case she made and to the points made by the noble Lord, Lord Best, about the importance of garden villages and towns. We have of course initiated a programme extending to 10 garden towns and 14 garden villages. I thank my noble friend Lady Cumberlege, who rightly said that there are examples such as Poundbury that should act as signposts for what we can accomplish.

I think there was general support for this measure. I understand the points made by the noble Baroness, Lady Young—I applaud her for the work she has been doing on ancient woodlands—who said that it has to be done with consideration and sensitivity. I support the concept, as do the Government, as outlined in the White Paper. We are strongly of the view that this should be put in local control, so I am very sympathetic to the amendment. I would like to discuss the matter further between now and Third Reading with the noble Lord, Lord Taylor, and indeed the noble Lord, Lord Best, because they have great experience in this area—with an undertaking that I would really like to do something on this, as would the Government, and return to it at the next stage.

This has been a particularly enlightening debate. There was clear support across the Chamber for taking action; there are lessons that need to be learned, but strong examples of what can be achieved. I hope that, with that assurance, the noble Baroness will withdraw the amendment. However, I would be very happy to discuss the issue further with the noble Lords, Lord Taylor and Lord Best, and indeed any other noble Lord, with a view to coming back on Third Reading with at least a report on the discussions, and perhaps firmer action based on them.

Neighbourhood Planning Bill

Debate between Baroness Cumberlege and Lord Bourne of Aberystwyth

Committee: 4th sitting (Hansard): House of Lords
Wednesday 8th February 2017 Grand Committee

[Lord Bourne of Aberystwyth]

My Lords, first, I thank the noble Lord, Lord Beecham, very much for his constructive approach and say that it is certainly not my intention not to engage on this between Committee and Report. I think that I indicated that on the previous amendment, which he so eloquently moved. I am very happy to engage with noble Lords.

I would like to say one or two things in response to the debate, and I thank the noble and learned Lord, Lord Judge, who has been totally consistent on this issue and obviously speaks from great experience. Contrary to what my noble friend Lord True thought there is a history to this, not just from going back as far as Henry VIII. Successive Governments have indulged in this. I appreciate that that does not make it right, but I have done a little research with my team. The Housing and Regeneration Act 2008, the Local Democracy, Economic Development and Construction Act 2009 and the Greater London Authority Act 1999, just in this area, have powers wider than those in the Bill. My noble friend Lady Cumberlege referred to how important the Localism Act is; I quite agree but there are wider powers in that Act, which was passed under the coalition Government. I appreciate that that does not make it right, but I want to establish the point that a certain degree of consistency would be welcome on these issues.

That said, I am very happy to engage positively in looking at how we move forward on this matter. I very much echo what the noble Lord, Lord Beecham, said about the way that the Committee has proceeded in a consensual way for the most part. We have not always agreed on issues but we have certainly disagreed agreeably as we have gone through the Bill. I am certainly happy to engage with noble Lords between now and Report in looking at this matter.

We have to keep this in perspective. However, if noble Lords can provide examples of where this provision has been misused in relation to any of that legislation, which, as I say, goes back a considerable way, or examples of where any Government have used it improperly, that would strengthen the case for looking at it further. This measure also does not give the Secretary of State the power that has been suggested; it is subject to an affirmative resolution, which means that it has to be presented to both Houses with a full explanation and carried by both Houses. That said, I understand the points that have been made during the debate. I thank those who have participated: the noble Lord, Lord Thomas of Gresford, my noble friend Lord True and the noble Lords, Lord Stunell and Lord Shipley, as well as my noble friend Lady Cumberlege and the noble and learned Lord, Lord Judge, who put their names to this measure. I also thank the noble Lord, Lord Beecham. Given the assurance I have just provided, I ask noble Lords not to press this measure.

[Baroness Cumberlege]

My Lords, I thank my noble friend for his response and the noble Lord, Lord Beecham, for his comments. We are trying to get a consensus. During our first debate in Committee, I was described as the hard cop. I really am hard as regards this issue. We have to think very carefully about including a clause such as this. The noble and learned Lord, Lord Judge, said that it was simply not justified, that there had been no attempt to justify it and that there was no control over it. He suggested that this clause could enable a future Secretary of State to repeal a whole Act of Parliament in the future. However, I totally endorse what the noble Lord, Lord True, and other noble Lords have said about the integrity of my noble friend the Minister in the Lords.

My noble friend has said that we ought to look at past experience. I am not interested in past experience. I am interested in the future. I am interested in this Bill and what could be done by a Secretary of State who does not have much integrity. Such a Secretary of State could wipe out the whole of this Bill. That is not respectful to Parliament. We are parliamentarians. We shape, discuss and put forward amendments. We agree and we disagree. In the end, we hope that we produce legislation that is good for this country. My noble friend and I had a very brief conversation outside the Grand Committee in which he talked about successive Governments. I say gently that just because a person has a bad habit does not mean that that habit should be condoned. It should be checked and better behaviour should be encouraged. I encourage the Government to mend their errant ways and follow the path of the righteous. To be righteous is to respect Parliament and not introduce these sorts of dangerous clauses. The noble and learned Lord, Lord Judge, used the words “dangerous” and “unjustified”. Nobody has spoken in favour of this clause. When I read in Hansard the words used by judges and learned people who know the whole system and have worked in Parliament with the Constitution Committee and so on, it sends shivers down my back.

Neighbourhood Planning Bill

Debate between Baroness Cumberlege and Lord Bourne of Aberystwyth

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

[Lord Bourne of Aberystwyth]

I thank noble Lords for the debate on this part of the Bill. I will try to take Clauses 7 and 8 in that order. There were certainly some questions on which I will need to write with fuller answers, but let me first turn in general to Clauses 7 and 8.

These measures contribute to the Government’s objective of ensuring that all local planning authorities across the country have up-to-date development plan documents—the documents that collectively form the local plan. In particular, Clause 8 ensures that there is not a void and that we have a local plan. We would have been heavily criticised if we had left an obvious hole in the system where no one was preparing a development plan, but I will come to that.

The Government are committed to a plan-led system in England. We have put communities at the heart of that system, and I hope that I can leave no doubt in your Lordships’ minds that we want communities to have confidence in a system that takes account of their views, while delivering the growth that the country needs.

I also want to kill one hare that was set running, which I had not heard before. There is no agenda, let alone a secret agenda, for mergers of councils. This legislation is about neighbourhood planning. Until today, nobody had raised with me that this is about a secret agenda to merge authorities. It is not, it is to try to ensure that we have a full pattern of what is needed for the planning of the country. It is important, therefore, that where local planning authorities do not have an up-to-date plan in place, the Government should take action to resolve this situation. We would have been roundly and correctly criticised if we did not have such plans.

I turn first to Clause 7, spoken to ably by the noble Lord, Lord Kennedy—I apologise for my short absence during his speech—and my noble friend Lady Cumberlege. The noble Lord, Lord Shipley, the noble Baroness, Lady Bakewell, and other noble Lords spoke more widely about this.

We want to encourage collaboration between local planning authorities so that strategic priorities, particularly for housing, across local boundaries are properly co-ordinated and clearly reflected in individual plans. The Local Plans Expert Group which was asked by the Government to examine what measures or reforms might help to ensure the efficient and effective production of plans recommended that more could be done to encourage local planning authorities to work on joint plans. The Government agree with this recommendation, and it forms the basis for the clause.

The idea of joint planning and working collaboratively with neighbours is not new. We know of more than 40 local planning authorities, right across England, that are working on joint plans. There is no agenda about encouraging or, even less, forcing them to merge. My honourable friend the Minister for Housing and Planning referred during debates in the other place to representatives of Norwich City Council who told him about how they were working with South Norfolk Council and Broadland District Council districts to produce a combined plan across the three districts. We are also seeing joint plans being developed as a result of devolution deals, such as the Greater Manchester spatial framework.

Authorities working jointly with their neighbouring authorities can see that there are benefits to be had. For example, there may be cost reductions to individual authorities through working collaboratively on evidence or through shared examination and legal costs. A joined-up plan-making process, where key decisions are taken together, can also assist local planning authorities to plan for housing.

We know that some areas across the country are having real difficulties in addressing issues that require solutions across geographic boundaries, such as planning for housing need in areas with significant constraints, and collaboration with neighbouring authorities may help to resolve some of those issues.

Clause 7 inserts new Sections 28A to 28C into the Planning and Compulsory Purchase Act 2004 and makes consequential amendments. I wish to emphasise that this power can be exercised only where the Secretary of State considers that it will facilitate more effective planning of the development and use of land in the areas of one or more authorities. During the contribution of the noble Lord, Lord Beecham, I wrote down a reference that he gave to Clause 7(2)(a), I think. I do not think that there is a Clause 7(2)(a), but if we could discuss it afterwards, I am happy to get a full read-out on it and write to him.

New subsection 28A(5) provides that:

“The Secretary of State must, when giving a direction under this section, notify the local planning authorities to which it applies of the reasons for giving it”.


That is a clear provision which ensures that it can only be used appropriately. Presumably, like other provisions of statute, it will be subject to judicial review which, while it is not something that we want to encourage, is a backstop if people feel that any Secretary of State has got it wrong, as may happen on occasion under any Government.

New subsection 28A(3) states:

“The Secretary of State may give a direction under this section only if the Secretary of State considers that to do so will facilitate the more effective planning of the development and use of land in the area of one or more of the local planning authorities in question”.


So it is to be used sparingly.

The noble Lord asked five questions about Clause 8. The first question was about why it is needed. It is because we need a plan if there is a gap. His second question was about whether the county council is required to do it. No, it is absolutely clear in Schedule 2 that it is an invitation to the county council. The county council does not have to take up the invitation. He raised several other questions including whether county councils can subcontract this. I suspect not, but I will correct that in the letter if I am wrong. He asked how local knowledge is to be guaranteed. That is specifically the reason this is needed. The Government would look to intervene in this way if we believed it was the only remaining lever to ensure that there is a local plan. The alternative would be the Secretary of State intervening directly, which would not be very local. This is an attempt to get the vacuum filled by the most local appropriate authority, otherwise it will not be done. The most desirable outcome is that the district council does it. The whole procedure can be prevented by the district council doing it, and that is exactly what will happen in the vast majority of cases. We would be roundly criticised if we did not have such a provision.

The noble Lord, Lord Beecham, raised some fair points about the impact of this on combined authorities. Clause 8 supplements existing powers to invite the Mayor of London or a combined authority to prepare a development plan, so it is already in existing legislation for an authority in its area. Again, I will take up that point in more detail, but I think that is the provision.

The essence of this is that it is within the power of district councils to ensure that the powers introduced by the clause are never used. That is what we hope will happen. I am of the view that it would be only in the rarest of circumstances, where there is not a plan in place, that this provision would be needed.

Questions have been fairly raised about the skills and capacities of county councils and whether they can turn down this role. We anticipate that there will be discussions with them about what happens if there is no plan. They are the next nearest directly accountable authorities and have knowledge and understanding of the development needs of the area. They are familiar with the planning process and are already involved as statutory consultees in the local plan’s process, and many work with their district councils on cross-boundary issues.

As I said, we would be rightly and roundly criticised if we did not have these provisions. They are needed in order that we can cover the whole country. They are long-stop provisions which I anticipate will not be much needed. They are only on the basis—particularly in regard to Clause 8—that if there were not such provisions it would mean direct intervention by the Secretary of State and the department, which is not what we want in a neighbourhood planning process.

[Baroness Cumberlege]

I am comforted that there are no secret agendas for mergers, and I thank the Minister for his assurance. As to collaboration between authorities, my noble friend told us that 40 authorities have agreed to provide joint plans. Presumably that has been done without the clause in the Bill. Are the plans likely to be more sustainable because the authorities are working willingly together rather than having joint plans imposed on them by the Secretary of State? I take my noble friend’s point that the power will be used sparingly. That sounds wonderful in debates in this House, but when it comes to the actuality, if it is not written in this document, people will have no recourse to come back.

I am disconcerted by the way in which the clause is framed, its extent and the words threaded through it about the Secretary of State making directions and so on. It is not a light touch but a huge amount of interference from the Secretary of State in local matters, and that I resent.

Neighbourhood Planning Bill

Debate between Baroness Cumberlege and Lord Bourne of Aberystwyth

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

[Lord Bourne of Aberystwyth]

Some of these points go well beyond this amendment. Nevertheless, I accept that they are important. The noble Lord gave examples of how this process works at the coalface. I suspect that he is much closer to the coalface than I am in that regard. We need to be a little careful about setting up a system that stresses the importance of localism and these things being done locally, and then have central government stepping in and saying, “Do it this way”. As I say, there are growing pains. We may indicate in guidance how better relationships can be achieved. That is what I seek to do through the dialogue I am offering.

On the neighbourhood groups that may benefit from money for the neighbourhood plan and for modifications, I think there is money available if a case is made for an extra sum. If I am wrong on that, I will write to noble Lords. However, if a case can be made, I think there is access to additional funding. As I have indicated, the White Paper will say more about funding and the financial side more generally.

[Baroness Cumberlege]

My Lords, I thank Members of the Committee for their support for the amendment, which was gratefully received. I say to the noble Lord, Lord Shipley, who led the response to the amendment, that we are so lucky in this forum to have people with real knowledge of planning, local government and other matters. The noble Lord, Lord Shipley, took forward the then Localism Bill, and therefore knows it in detail, which is very good.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, as I have indicated, the intention here is to ensure that we have flexibility because neighbourhood plans may vary in their circumstances, size and so on. There is a massive body of law that defines the word “minor” and judges will be able to put it in context. I have given an example of why we believe that we are answering the need for flexibility in the legislation and I think that the Government have got it right in this regard. However, if the noble Lord has any particular points that he wishes to raise subsequently in writing, I will be happy to look at them.

[Baroness Cumberlege]

My Lords, I welcome very much government Amendment 3 because we are having to use the Freedom of Information Act to get some of this information, but now it is a requirement and I really do welcome that.

While we are looking at modifications, be they minor or substantial, my noble friend cited the case of 50 houses in a rural area. If planning permission is granted for 50 houses that are outside the planning area and that would increase the number of houses being promoted in the neighbourhood plan, currently standing at 100, so now another 50 are added, which is a substantial increase, would that mean that the neighbourhood planners would have to go back to square one and start again because that would be a major modification, not just a minor one?

[Lord Bourne of Aberystwyth]

My Lords, I have to be very careful when responding to that question because as I have clearly indicated, there is an issue that is sub judice and therefore I cannot comment on that particular case for obvious reasons. I have said in broad terms that 50 houses may occasionally be minor and occasionally major, depending on the circumstances of the case, but obviously there is also an issue around the interpretation of the relevant neighbourhood plan, which has to be seen in that context. I think that I have given a fair example and although I do not sit as a judge, I try to give particularly bold examples of what would be a minor provision in an urban area but may not be so in a smaller village situation.

[Baroness Cumberlege]

My Lords, I thank my noble friend for that. What happens if there is a change through, say, the examiner or some other process? For example, where a community has agreed to 100 houses and they have booked the sites and everything else, yet the examiner comes in and says, “No, it’s a minimum of 100 houses”, is that a major modification?