Planning Laws: Basements
Debate between Baroness Donaghy and Lord Ahmad of Wimbledon
Lord Ahmad of Wimbledon
I pay tribute to my noble friend for his Private Member’s Bill in this respect. He is quite right; my understanding was certainly that guidance has been reviewed since his Bill, particularly on party wall issues. I will take back the issues he raised about not knowing whether the guidance has been issued. Certainly my understanding is that the party wall policy has been reviewed following that Bill.
Baroness Donaghy (Lab)
My Lords, what assurance can the Minister provide that the HSE is properly resourced to carry out its inspection and enforcement role in respect of these regulations, and to ensure safe working on basement excavations?
Lord Ahmad of Wimbledon
I share the noble Baroness’s view of the important role of the HSE. Perhaps she is aware that this very week the HSE is carrying out an inspection of basement policies in two key boroughs: Kensington and Chelsea—which has already been mentioned—and Hammersmith and Fulham. The HSE has a very important role to fulfil in ensuring the safety of these developments.
Property: London Lettings
Debate between Baroness Donaghy and Lord Ahmad of Wimbledon(9 years, 11 months ago)
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Lord Ahmad of Wimbledon
My Lords, I note my noble friend’s concerns. I also wish to draw noble Lords’ attention to my interests in the register regarding leasehold properties. In response to her question, the Government’s intention is clear. We wish to use the Deregulation Bill to help reform what we believe to be the outdated provisions of Section 25 of the Greater London Council (General Powers) Act 1973. Londoners who want to rent out their homes for less than 90 consecutive days currently have to apply for planning permission. We believe that this does not apply anywhere else in the country, and this brings London in line with other parts of the country. As to her concerns about terrorism and other such acts, of course the provisions and the ability of the police, the local authority and local residents to intervene will still be very much available. We have introduced new safeguards under the Anti-social Behaviour, Crime and Policing Act 2014, which came into force in November last year.
Baroness Donaghy (Lab)
My Lords, the Minister will be aware that when the current legislation was introduced in 1973, it was to protect permanent accommodation. Today, we have a housing crisis, an increase in short-term lets and a threat to permanent housing stock. Why are the Government intent on making a bad situation worse?
Lord Ahmad of Wimbledon
The noble Lady referred to my recall of 1973. I was but a toddler then, but I have certainly read up on it. Let me assure her that the purpose behind the Government’s proposals is not in any way to reduce the housing stock, but to allow Londoners who are home owners and wish to put their properties up for rent on a short-term basis of up to 90 days to do so, without the need for increased bureaucracy. The measure will amend Section 25 to permit regulations that allow genuine householders to supplement their income by renting out their property. As to London’s housing shortage, I of course recognise the importance of London homes for Londoners, and the change will not remove the protection available in Section 25.
Deregulation Bill
Debate between Baroness Donaghy and Lord Ahmad of Wimbledon(10 years, 1 month ago)
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The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Lord Ahmad of Wimbledon) (Con)
My Lords, first, I thank all noble Lords for their contributions to the debate. Many noble Lords have spoken from their personal experience in London and as representatives of various London councils.
Perhaps at the outset I may say that I am not an adopted Londoner; I am a born and bred Londoner and someone who has represented a London council and sat on the London Councils body itself, so I am aware of some of the key concerns that have been raised about the provisions. However, I cannot claim to have made a coherent contribution to the 1973 Act. I hope that my contributions today will be somewhat more coherent, but that is for others to judge.
The amendments, which would allow local authorities to make their own exemptions for particular properties and areas, would, in the Government’s view, risk removing the certainty and consistency that are behind our proposals for all London residents. Indeed, they would create a patchwork of different regulatory approaches across the capital, potentially resulting in unjustifiable differences between local authority areas. Residents may find that their near neighbours have either greater or lesser freedoms to let their property short term, which in many cases would be difficult for them to understand.
Let me be absolutely clear: we intend to retain the important safeguards of Section 25, which protect London’s housing supply for Londoners who live and work permanently in the capital city. However, through Clause 34, we want to provide certainty for all residents in all London local authority areas that they are able to let their homes on a short-term, temporary basis, such as when they are on holiday, without having to deal with the unnecessary bureaucracy of applying for planning permission.
These amendments also seek to exempt from deregulation properties that are not the main residence of the landlord. I reiterate that, through Clause 34, the Government only want to allow residents to be able to temporarily let their homes. This measure will do nothing to make it easier for those seeking to short-term let property on a permanent or commercial basis. Rather than specifying how the deregulation will work on the face of the Bill, the clause seeks the power to make regulations which will provide the legal framework. These will follow the affirmative procedure and will be subject to debate and the approval of Parliament on important issues, including in precisely what circumstances short-term letting will not require planning permission.
I turn to the detail of Clause 34. The clause updates an outdated 40 year-old law restricting Londoners from being able to temporarily let out their homes or spare rooms. Section 25 of the Greater London Council (General Powers) Act 1973 prohibits the use of a,
“building, or any part of a building”,
for “temporary sleeping accommodation” for fewer than 90 consecutive nights without planning permission for temporary change of use. In London, residents failing to secure planning permission face a fine of up to £20,000 for each offence. The regulations that the Government are bringing forward will clarify for London residents what is permissible.
Lord Ahmad of Wimbledon
The noble Baroness makes a very valid contribution. Both the noble Lords, Lord McKenzie and Lord Tope, have mentioned that, and I shall come to it in a moment.
We are seeking to provide clarity for Londoners across all boroughs. The noble Lord, Lord Mawson, mentioned London as a capital city and its economy. Last summer nearly 5 million overseas visitors came to the capital. Some of those visitors, as well as UK residents, want to experience London as a local by staying with Londoners who live in London permanently or indeed in their homes while the resident is away on holiday. We know that there are currently thousands of London properties and rooms advertised on websites, but each is potentially in breach of Section 25 as it stands. That is the important point here, and I shall come to that in a moment. There is uncertainty for householders as to whether their local authority will take action against them for unauthorised short-term letting. Today’s technology enables internet sites, which we have heard about in the debate, to offer services to manage and quality-control short-term lettings. Planning legislation for the capital needs to catch up with the 21st century way of living. Noble Lords talked about their personal experience. Every year, thousands of visitors enjoy their holidays in Londoners’ homes, and such short-term letting is prevalent in areas such as Wimbledon during the tennis fortnight.
Through regulations, we want to provide certainty and consistency for all residents in all London local authority areas about when it will be permitted for householders to temporarily short-term let their property without the need for planning permission. The Government’s amendment to Section 25 crucially retains the main provision for protecting London’s housing for those who live and work permanently in London, while seeking to bring the current legislation up to date. Importantly, we want to make it clear that we do not seek to allow the short-term letting of London’s housing stock on a permanent or commercial basis. The Government do not seek to repeal Section 25 of the 1973 Act or amend its primary purpose of protecting London’s housing supply for Londoners who live and work permanently in the capital. Moreover, the Government fully recognise that London’s homes should not be lost to investors to let out exclusively for short-term lets, and our reforms will not enable this. It is the Government’s intention simply to allow Londoners to let their homes on a short-term, temporary basis, such as when they are on holiday, without having to deal with the unnecessary bureaucracy of applying for planning permission.
Clause 34 enables the Secretary of State for Communities and Local Government to bring forward regulations to prescribe the circumstances in which the use of a home as temporary sleeping accommodation is not deemed a material change of use, requiring planning permission. The clause also allows for regulations to exclude individual residential premises, and premises in particular areas, from any relaxation of Section 25.
I come to some of the questions that were raised. The noble Baroness, Lady Donaghy, the noble Lord, Lord McKenzie, and my noble friend Lord Tope asked about prosecutions. London boroughs have taken enforcement action against short-term letting. For example, in Westminster action has been taken against statutory nuisances and anti-social behaviour. This clause is designed to redress the sporadic enforcement of Section 25. It certainly creates greater certainty for residents who want to let their properties short term. The Government’s intention is to allow more people to enjoy and visit London. We are proposing allowing temporary, short-term letting for only householders and not commercial or permanent short-term letting.
Growth and Infrastructure Bill
Debate between Baroness Donaghy and Lord Ahmad of Wimbledon
Baroness Donaghy
My Lords, when the Minister writes, will he also explain whether there are any circumstances in which, during this protective period, one of these schools could be established but not be in the right place or have the right safety environment for the children there? Can he absolutely guarantee that a school that is established without proper planning permission will uphold all the usual standards?
Lord Ahmad of Wimbledon
My Lords, again, this debate widens. I made the point earlier that these are not draconian measures. This is not about two Secretaries of State making policy on the hoof. This is about two Secretaries of State relevant to this issue working together to ensure that we get a policy that works for the local community. The measure applies to any new state-funded school.
As to the question raised by the noble Baroness, I have already alluded to the fact that any new application for any school is subject to the same criteria. Therefore, if the scenario that she indicated has arisen—historically, if it has happened previously and people have had to look at where to locate schools—I am sure that remedial action has been taken. The proposals do not contravene health and safety or issues of security and the safety of children because they are ultimately priorities for any Government of whatever colour or coalition. The measure does not compromise them at all.
I assure any noble Lord who is thinking in that way that while one can never plan for all probabilities, this does not do away with the planning process in terms of the health and safety of children—just to be clear, nor does the issue of free schools negate the role of local planning authorities. They will continue to play a key part in decisions on the location of schools. Let it be absolutely clear that a new school is only established where a community need is highlighted: our new policy allows people to set up a school in response to local needs.