Housing and Planning Bill

Baroness Evans of Bowes Park Excerpts

Wednesday 4th May 2016 Lords Chamber

Moved by

[Baroness Evans of Bowes Park]

That this House do not insist on its Amendment 97 and do agree with the Commons in their Amendment 97A in lieu.

97: After Clause 128, insert the following new Clause—
“Neighbourhood right of appeal
(1) After section 78 of the Town and Country Planning Act 1990 (“the 1990 Act”) insert—
“78ZA Neighbourhood right of appeal
(1) Where—
(a) a planning authority grants an application for planning permission,
(b) the application does not accord with policies in an emerging or made neighbourhood plan in which the land to which the application relates is situated, and
(c) the neighbourhood plan under paragraph (b) contains proposals for the provision of housing development, certain persons as specified in subsection (2) may by notice appeal to the Secretary of State.
(2) Persons who may by notice appeal to the Secretary of State against the approval of planning permission in the circumstances specified in subsection (1) are any parish council or neighbourhood forum, as defined in section 61F of the 1990 Act (authorisation to act in relation to neighbourhood areas), whose made or emerging neighbourhood plan includes all or part of the area of land to which the application relates, by two-thirds majority voting.
(3) In this section an “emerging” neighbourhood plan means a neighbourhood plan that—
(a) has been examined,
(b) is being examined, or
(c) is due to be examined, having met the public consultation requirements necessary to proceed to this stage.”
(2) Section 79 of the 1990 Act is amended as follows—
(a) in subsection (2), omit “either”, and after “planning authority” insert “or the applicant (where different from the appellant)”;
(b) in subsection (6), after “the determination” insert “(except for appeals as defined in section 78ZA (as inserted by section (Neighbourhood right of appeal) of the Housing and Planning Act 2016) and where the appellant is as defined in subsection (2) of that section)”.”

97A: After Clause 128, page 71, line 42, at end insert the following new Clause—
“Local planning authorities: information about neighbourhood development plans
After section 75ZA of the Town and Country Planning Act 1990 (inserted by section 140 above) insert—
“75ZB Reports to contain information about neighbourhood development plans
(1) This section applies where—
(a) a report of the kind mentioned in section 75ZA(1) recommends the grant of planning permission or permission in principle, and
(b) the proposed development is in an area for which a neighbourhood development plan (made under section 38A of the Planning and Compulsory Purchase Act 2004) is in force.
(2) The report must—
(a) set out how the plan was taken into account in making the recommendation, and
(b) identify any points of conflict between the plan and the recommendation.””

[Baroness Evans of Bowes Park (Con)]

My Lords, I recognise the clear support in this House for a neighbourhood right of appeal and the strong desire of noble Lords to ensure that the hard work of communities which have produced a neighbourhood plan is respected. However, the Government do not support the principle of a third-party right of appeal against a grant of planning permission in a system that is carefully geared towards delivering sustainable development. Last night, the other place supported the Government’s position by unanimously agreeing to remove Lords Amendment 97 from the Bill. Your Lordships’ House will have seen government Amendment 97A, again unanimously supported by the other place, which I hope will receive support from this House.

However, before I discuss Amendment 97A, let me once again reiterate that we absolutely understand the huge commitment it takes for communities to produce a neighbourhood plan. There is no stronger position for a community to hold than to have an up-to-date neighbourhood plan in place. In law, the starting point for deciding planning applications is the statutory development plan, which will include any made neighbourhood plan. Local planning authorities will also need to take account of a wide range of views and any other material considerations. If the elected members of the planning committee have found that the development is sustainable and appropriate, and they have clearly taken the plan into account alongside other considerations, we do not believe that there is benefit from repeated consideration of the issues raised. Indeed, if communities believe that the neighbourhood plan has not been respected, they can already ask the Secretary of State to intervene and call in the application for his determination. The Government believe that this provides ample opportunity for a local community to raise their concerns.

I also question whether a neighbourhood right of appeal would routinely change the outcome of locally made decisions. This is because the decision-taker on an appeal is faced with exactly the same plan and exactly the same considerations, and these ultimately push for sustainable development. We believe that a further appeal stage would add complexity and unpredictability to the system, undermining investor confidence and running against our manifesto commitment to speed up and simplify the planning system. It would significantly impact on the speed and cost of housing delivery. We cannot support an amendment that would see unnecessary additional bureaucracy slowing down much-needed housing development.

However, we have listened to the concerns of your Lordships’ House and believe that local planning authorities could and should do more to demonstrate to communities how their neighbourhood plan has been taken fully into account. Amendment 97A prescribes in the Bill a requirement for a planning authority to set out in any report to a planning committee that recommends granting planning permission how any neighbourhood plan has been considered. It will also be required to identify in the report any conflict between its recommendation and the neighbourhood plan. This will ensure that the planning committee—the elected representatives for the area—cannot fail to appreciate how the development accords with the neighbourhood plan. Reports are published in advance of committees, allowing local people the opportunity to raise any further concerns directly with their local councillors or to attend and request to speak at the planning committee. This added level of transparency and explanation will ensure that local planning authorities are absolutely clear how they have balanced the neighbourhood plan against other material considerations that they are required to take into account.

This Government were elected to speed up and simplify the planning system. The many people who are in need of homes do not want added delays. While I can appreciate the spirit of the noble Baroness’s amendment, the Government cannot support an amendment that would restrict our ability to deliver our wider commitments. I beg to move.

Motion J1 (as an amendment to Motion J)

Moved by

--- Later in debate ---

[Lord Rooker]

The point I was making is that it is a third party right of appeal. It is a fairly fundamental principle that I do not think exists—but it may do, I may be wrong. That is why I am asking.

[Baroness Evans of Bowes Park]

I think that the noble Lord is right but I might get clarification and come back to that before I sit down. I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Parminter, for this further short debate. I think that we all want communities to be better engaged with the planning system and we all want communities to have more of a say about the future of their areas. That is why we all support neighbourhood planning.

We know that the quality of local planning decisions remains high. In 2015, only 1% of applications where development was refused were overturned on appeal. Our planning system is geared to delivering sustainable development, not development at any cost. We trust that elected councillors will deliver sustainable and appropriate development. The government proposal before your Lordships requires a local planning authority to set out in any report to a planning committee that recommends granting planning permission any conflict with the neighbourhood plan and how the neighbourhood plan has been considered.

The noble Baroness, Lady Parminter, said that this would not change anything but it will. It will improve the clarity and transparency of committee reports to ensure that planning decisions are made in full knowledge of any conflict with a neighbourhood plan. This may be covered presently, but our amendment will make it a requirement. It will require them to demonstrate that they have considered the neighbourhood plan and that they have identified any conflict between the recommendation and the plan. The amendment complements the existing right that communities have to request that the Secretary of State call in applications for his own decision. All requests to call-in are considered carefully, and the Secretary of State does not hesitate to intervene where necessary. For example, over the past 12 months, seven cases involving a neighbourhood plan have been called in. With the existing right to request call-in, the new requirement on planning reports to ensure neighbourhood plans are properly considered and respected, and the Government’s £22.5 million support programme to help communities through every stage of the neighbourhood planning process, I am confident that neighbourhood planning will continue to go from strength to strength.

In response to the question by the noble Lord, Lord Rooker, this is a precedent for third party rights of appeal; it does not exist elsewhere in the planning system. I hope that what I have set out will reassure the noble Baroness, Lady Parminter, and I ask her to withdraw her amendment.