Housing and Planning Bill
Debate between Baroness Evans of Bowes Park and Baroness Parminter
Baroness Evans of Bowes Park
My Lords, Amendment 102ZA has enabled us to revisit our discussion on a proposed community right to appeal where there is an emerging or made neighbourhood plan, and I thank all noble Lords who have contributed today. Although I appreciate the intention behind the amendment, I cannot accept it and will explain why.
We have a long-established and much-valued right of appeal. It recognises that the planning system acts as a control on how an individual may use their land. This existing right of appeal serves an important purpose—to compensate for the removal of the individual’s right to develop—and there is no need to change this fundamental principle. That is because communities are integral to and involved in the whole planning process. They are consulted on the preparation of the local plan for their area from the earliest stages, through to making representations to be considered at the independent examination. The right of every community to produce a neighbourhood plan takes this further, allowing communities to set their own planning policies for the area. Those are the basis for decisions on planning applications and guide how the neighbourhood develops.
Importantly, communities can make representations on individual planning applications and appeals, and the Bill and new regulations will provide neighbourhood forums with the right to request notification of applications in their area, alongside being statutory consultees on their area’s local plan. The views of the community are considered at every stage in the decision-making process. Given all the opportunities that already exist, the Government do not believe that a community right of appeal is necessary.
It cannot be right for development that secures planning permission to be delayed and uncertainty created at the last minute by a community right of appeal. The amendment would serve only to discourage people from getting involved in the planning process earlier, or lead to repeated consideration of issues raised and addressed during the planning application process.
To reinforce what I said in Committee, decisions on planning applications must be made in accordance with the development plan, unless material considerations indicate otherwise. A made neighbourhood plan is part of the development plan and therefore already a powerful tool that must be the starting point for the authority’s decisions on applications. National policy is very clear: proposals that conflict with a neighbourhood plan that has been brought into force should not normally be approved.
We have also made it clear that an emerging neighbourhood plan can be a material consideration in planning decisions, including where there is a lack of five-year housing land supply in the local authority area. Decision-takers may give weight to relevant policies in emerging plans according to the stage that the emerging plan has reached, the extent to which there are unresolved objections, and the degree of consistency with the National Planning Policy Framework. The extent of local support should also be taken into account. I also remind the House that in January, we announced that for a further six months, the Secretary of State’s criteria to recover and decide planning appeals would continue to include housing proposals in those areas where there is a made or submitted neighbourhood plan.
We have a planning system that balances competing demands for growth and protection. We have asked local planning authorities to balance these competing considerations to deliver sustainable development. We must now allow them get on with the job. For these reasons, I hope that noble Lords will not press their amendments.
Baroness Parminter
I thank the Minister for that reply and for the support we have had from right round the House, which was very telling. The response from the Front Bench opposite was disappointing, although not surprising. What the noble Lord, Lord Kennedy, said about striking the right balance was right; in planning, that is what it is all about. We need to ensure that local people are fully engaged in planning opportunities so that we build consensus and actually get the development we need. That is why we all support neighbourhood planning, but why there is a real need now for this limited right of appeal just for parish councils and neighbourhood forums.
Housing and Planning Bill
Debate between Baroness Evans of Bowes Park and Baroness Parminter
Baroness Evans of Bowes Park
A definition in the Bill would remove discretion and override a local understanding of the environmental value of the land. As the noble Lord, Lord Teverson, said, an area considered to be of high environmental value in an inner-city might be quite different from that in other areas. A fixed definition could unintentionally lead to a situation where a local authority would have excluded land but was prevented from doing so by the definition. Local authorities are best placed to exercise their discretion and to make the decision, rather than fixing a definition for them by putting it in the Bill. I hope that, on the basis of these explanations, noble Lords will agree not to press their amendments.
Baroness Parminter
I thank the noble Baroness for her comments and her acceptance that this is an important issue. It clearly is, given the strength of feeling in the Committee, and I am grateful to colleagues for rowing in on it. The Minister seems to be saying that it is up to local authorities. If one is being charitable, it is a belief in the spirit of localism: it is okay for local authorities to do this because they can look back to the planning guidance that we have already provided. However, the words “need not”, which the noble Lord, Lord Deben, picked up, are critical. If they need not allocate this land, it means that they can allocate it. However, that is clearly contrary to the provisions set down by the coalition in the NPPF, which says that this should be excluded. Colleagues in Committee have shown that this designation is, in principle, too important not to be included in the Bill. I will withdraw the amendment now, but I am sure that we will return to it on Report.
Housing and Planning Bill
Debate between Baroness Evans of Bowes Park and Baroness Parminter
Baroness Evans of Bowes Park
My Lords, Amendments 88A and 101BGA propose a community right to appeal in various circumstances. The existing right of appeal recognises that, in practice, the planning system acts as a control on how an individual may use their land. As a result, the Government believe it is right that an applicant has the option of an impartial appeal against the refusal of planning permission. This existing right of appeal compensates for the removal of the individual’s right to develop.
The planning system, however, already provides ample opportunity where the community wishes to express a view on a planning matter, and the Government place great importance on community involvement in the planning system at every stage of the process. Communities have statutory rights to become involved in the preparation of the local plan for their area, through which they can influence development. As we have heard, the local community can also come together to produce a neighbourhood plan, which sets out how the community wants to see its neighbourhood develop. On the question of the noble Baroness, Lady Parminter, about progress, out of the 1,800 communities that have started, 400 draft plans have been published for consultation and of these 300 have been submitted for examination and more than 120 have been “made”—that is, brought into force.
These plans form the basis for decisions on planning applications. We are also proposing more powers for neighbourhood forums in the Bill: first, by allowing them to request that they are notified of applications in their area and, secondly, through existing powers to make neighbourhood forums statutory consultees on the local plan for the area. In addition, communities are able to make representations on individual planning applications, including major planning applications. Our proposals for “permission in principle”, which are contained in the Bill, include community consultation before a decision is made, upholding our principle of community involvement. We believe that the views of the community are considered at every stage in the decision-making process.
The Government do not believe that a community right of appeal is necessary as there are already plenty of opportunities to have a say on local planning issues, as the amendments acknowledge. It would be wrong for development to be delayed and uncertainty created at the last minute with a community right of appeal. These amendments would serve only to repeat issues that were raised and addressed during the planning application process. The law is very clear that decisions on planning applications must be made in accordance with the development plan, unless material considerations indicate otherwise. A made neighbourhood plan is therefore a powerful tool that must be the starting point for authorities’ decisions on applications.
To ensure that the significance of neighbourhood plans is absolutely clear, we issued further guidance on decision-making last month. This highlights national policy that states,
“where a planning application conflicts with a neighbourhood plan that has been brought into force, planning permission should not normally be granted”.
We also have clear national policy on the weight that can be given to emerging neighbourhood plans. This weight can be significant. The National Planning Policy Framework explains that the weight will vary depending on the stage of preparation that the plan has reached, any unresolved objections to it, and consistency within the framework.
The noble Lord, Lord Best, raised the issue of developers being able to intervene in the neighbourhood planning process by putting in applications throughout. We do not believe that it would be right to stop development programmes coming forward at any time, as this would impact on local businesses, which need to invest, and local people, who need homes. However, throughout the rest of the Bill we are seeking to speed up and simplify the neighbourhood planning process so that the plans will have full weight as quickly as possible.
It is somewhat inevitable in a planning system that aims to balance competing demands for growth and environmental protection that development proposals may lead to limited conflict with one objective in a plan in order to deliver another. In these cases, we must allow decision-takers to balance these competing considerations, without the risk that every decision to approve an application could be taken to appeal. If, in rare cases, a community believes that the local planning authority is minded to approve an application that clearly conflicts with a local plan or an emerging or made neighbourhood plan, it can ask the Secretary of State to intervene and call in the application for his or her own determination.
We also announced in January that, for a further six months, the Secretary of State’s criteria on recovering and deciding planning appeals would continue to include housing proposals in those areas where there is a made or submitted neighbourhood plan. This reflects the Government’s clear policy intention for neighbourhood planning.
Baroness Parminter
I thank the Minister for that point but, with regard to recovering planning appeals, can she confirm that that would not apply where permission has been granted by the local authority contrary to a neighbourhood plan? It could be recovered if the local authority has refused the planning permission and subsequently been taken to appeal, but it could not be taken forward if the local authority has granted permission to something contrary to the neighbourhood plan.
Baroness Evans of Bowes Park
I believe that that is correct, yes.
We already have a system which ensures that the views of communities are heard, understood and taken into account in reaching a decision. The best way for communities to engage in the planning system is for them to become involved in the development of local and neighbourhood plans, and make representations on applications as they arise. I hope that the noble Baroness will consider withdrawing her amendment.
Baroness Parminter
I thank the Minister for her reply and I thank all the people who have spoken in this debate. I am disappointed, since I hoped that the Government would think that my amendment was trying to deliver on their objectives of not only delivering more homes but encouraging more people to get involved in neighbourhood planning, which we all agree is an important and welcome new part of the planning process. Of course, planning is about balancing competing demands. I still feel that the balance is not correct but in the light of where we are today and the speed at which we need to go forward, I will withdraw the amendment at this point.
Education: Politics A-level
Debate between Baroness Evans of Bowes Park and Baroness Parminter
Baroness Parminter
To ask Her Majesty’s Government what plans they have to revise the Politics A-level curriculum.
Baroness Evans of Bowes Park (Con)
My Lords, a public consultation on reformed content for politics AS-level and A-level closed on 15 December. We are analysing the responses and have already started work with the exam boards to develop the content in light of the views expressed. As always, we will listen carefully to the views of the sector and the wider public as part of this full consultation process.
Baroness Parminter (LD)
Increasing awareness of the outstanding challenges facing gender equality requires young people to be familiar with the political thinkers and the movements that have generated progress to date. Why, then, do the Government intend to cut feminism and limit study to one political female thinker in the proposed politics A-level syllabus?
Baroness Evans of Bowes Park
The noble Baroness will be aware that there is no requirement in the existing A-level criteria to study feminism. Exam boards have worked closely with universities on the proposed content. That is why the recently consulted-on content has identified three core political theories to be studied. But of course the work of key female thinkers can be included within those.