Baroness Hamwee
Main Page: Baroness Hamwee (Liberal Democrat - Life peer)Localism Bill
Baroness Hamwee Excerpts
Lord Beecham
I have three short questions on Clause 83. The noble Baroness may not be able to answer them immediately; if not, perhaps she will write to me. First, for the purposes of subsection (2), could a charge on a property be regarded as a disposal if the property is then vacant? The second question arises under subsection (6) in respect of the qualifying leaseholders’ state, which would have to have at least 25 years to run. It strikes me that someone might grant a lease for less than that, which would take it outside the parameters of the clause, with an option for the tenant to renew it which could effectively carry it beyond 25 years. Had that been a straightforward grant, it would be within the framework. Does that need to be considered? Finally, subsection (7) gives the appropriate authority the right to amend the clause by order. As in previous debates, I would like confirmation that that would be subject to an affirmative order, as it deals with personal property rights, rather than a negative resolution.
The Deputy Chairman of Committees (Lord Faulkner of Worcester)
The Minister has not yet moved the amendment.
Baroness Hanham
My Lords, I have nearly finished. I apologise that I have been rather long. In fact, I have only another two lines to read.
The proposed amendment to Clause 85, Amendment 147E, would enable the regulations to include an appeal against compensation decisions under the community right-to-buy scheme. The amendment will strengthen the protection for property owners affected by the scheme. I beg to move.
Baroness Hamwee
My question on Clause 83 has turned into a short supplementary to the questions asked by the noble Lord, Lord Beecham. The Minister has told us that the order-making power in Clause 83(7) will be used to deal with matters of inheritance and partnership. Can she give the Committee an assurance—I am sure she can—that the order-making power will not be used to alter the principal definitions of relevant disposal, which are already contained in the Bill? As subsection (7) is set out, it could, on the face of it, actually change the 25-year term or the definition of disposal in Clause 83(2). Those are quite fundamental points.
Lord Taylor of Goss Moor
My Lords, I welcome much that the noble Baroness said about the Government’s willingness to look at the particular circumstances that may arise, for example, in the sale of going concerns and where the community asset is a small part of a larger concern. These issues have certainly raised great concerns, and I would like to add another.
I am not sure that I need to declare an interest but I shall do so just in case. I chair the eco-town strategic partnership in the St Austell area, a wide area of mining land which was mined formerly by English China Clays and more recently by Imerys. Over many years the policy of past and present mining companies in the china clay area has been to open large areas of land to community access, but always with the proviso that it might be worked in future. That is not a bad example of the concern that I want to put to the Minister about the deterrent effect that this policy—a policy which, broadly, I very much support—could have on landowners of that sort in opening up land to community use, whether for walking, riding, cycling and so on, if it were severely to limit their ability to sell and dispose of the land as part of the operation of their business. My fear is that, as things stand, it will simply freeze in aspic the current position on community access as people would be able to argue that access already exists and to list it. Equally, in terms of new community access, it is in the nature of mining land that the areas which may be accessed by the public will change over time depending on where the workings are and where land restoration has taken place following tipping. I can see this creating a substantial block to opening up land for future community use. The same may well apply to the farmer who very willingly allowed a corner of his land to be used by the cricket club. That usage now exists and a listing could be applied for. It could also create a substantial deterrent to any landowner opening up land for such use in future.
I am very much in favour of the idea that we should register assets of community value—which clearly applies to things like village shops, community halls and so on—but I am concerned about how to ensure that the creation of new community resources is not blocked by the fear that these elements will be applied.
I have one more question; I should already know the answer to it, and no doubt there is an answer. What is the position when the sale of land options—which are usually bought because planning permissions might be granted—in practice trumps these proposals to register community assets? I wonder whether the purchase of an option in any sense triggers this process.
Lord Reay
My Lords, there was considerable discussion in the debate on the previous group of amendments about the national planning policy framework, although there was no mention of it in any of the amendments in that group. We come to it for the first time with these amendments.
I agree with those noble Lords, including the noble Lord, Lord McKenzie, who said that it is unfortunate that we do not already have the NPPF—the document that is, as I understand it, in 50 or 60 pages going to replace 2,000 pages of PPSs, PPGs and other planning documents that stretch back over 50 years or more. Of course, it will have a very large impact on how the Bill works in practice. I hope that we will have it very shortly, as the Minister said, and debate it.
However, I do not believe that this is the right place to debate the NPPF or to go further and pre-empt it, as the amendment in the name of the noble Lord, Lord Berkeley, seeks to do here in particular, with four pages of text setting out suggested contents for the NPPF. Being an amendment of the noble Lord, Lord Berkeley, it concentrates on transport and is highly prescriptive in that field. It talks about giving priority to bicycles and pedestrians, installing electric charging points and so forth. I shall not say what I think about any of those details because I simply do not think that this is a suitable moment to debate them. However, what I most certainly do not agree with is a reference in the first amendment of the noble Lord, Lord McKenzie, to climate change policies. I do not believe that either the NPPF or this Bill should be used to give impetus to the Government’s renewable policies. I shall have more to say about that on a later group of amendments. I hope that the noble Lords who put their names to this amendment have said what they want to say and that they will be able to withdraw their amendments and not reintroduce it.
Baroness Hamwee
My Lords, we shall come, although not tonight, to clauses in the Bill dealing with national policy statements. Many noble Lords here are veterans of the debates about how national policy statements should or, in many cases, should not be dealt with. Perhaps it is not fair to say, “should not be dealt with”, but perhaps I should say, “should have been dealt with in a more extensive and iterative fashion”.
I use this opportunity to say to the Minister that I hope that by the time we get to Clause 114, on national policy statements, he may be in a better position to explain to the Committee how the national planning policy framework will be dealt with in procedural terms. I cannot gaze into a crystal ball, but I do not think it takes much imagination to guess that we shall debate the role of this House, as this House could make such a contribution to the planning policy framework and to the policy statements. I am sure we shall debate those things. As well as making that plea, I put down a marker for what I have said might be a more iterative and more measured process and certainly for the House to have an opportunity to make more of a contribution than it was able to do on the current arrangements under the Planning Act 2008.
Lord Greaves
My Lords, I would like to add a couple of points. Following on what my noble friend Lady Hamwee has just said, anyone who has taken part in the discussions on the national policy statements in this House probably realises that it has not been a very satisfactory process. When we talked about them under the 2008 Bill, there was a question about whether this House would be involved in discussing them at all. A campaign was led by the noble Lord, Lord Jenkin of Roding, for this House to have a role in scrutinising them. That was successful to a degree, but the powers that be restricted what was to happen to the absolute minimum. The level of scrutiny which national policy statements have had in this House has consisted of a session in the Moses Room, when there was a debate with a speakers list, and then the matter came back to the Chamber. In theory, amendments could be moved when it returned to the Chamber, but I cannot remember any. Apparently, there were some. Did we vote on any? The noble Lord will know better than me.
Lord Taylor of Holbeach
My Lords, this has been a useful debate, which has reinforced our previous debate and put the NPPF at the heart of it. In its absence, we can but note its significance and importance in relation to the Bill. I will start by reassuring the noble Lord, Lord McKenzie, that the Government plan a full public consultation on the document—it will not be just for Parliament to debate the matter—and will follow established best practice for consultations. We have already sought a variety of consultations in formulating the NPPF, including with community groups.
Bearing in mind the interest of noble Lords in this matter, I will ask that as soon as it is published copies will be made available to all noble Lords who have participated in the debate. I appreciate that there may be an interval before we in the House are able to debate this. That is a matter for the House authorities, not for the Government. However, it is an important part of the discussion of this document.
Baroness Hamwee
My Lords, there is a great appetite to see the document. However, on the matter of timing, I note that the noble Lord said that the consultation will accord with best practice. Will that include taking account of the August holiday period, given that publication is likely to be just as that starts?
Lord Taylor of Holbeach
I assure my noble friend Lady Hamwee that this is at the heart of what we are trying to achieve.
The Government are not seeking to railway—I am looking at the noble Lord, Lord Berkeley, and I immediately think of railways—railroad this through. They want it to be a proper discussion document because it is going to be at the heart of the planning process. Indeed, community involvement is going to be vital in the planning system at the local level where plans are created and decisions are taken. Community engagement is embedded at the heart of the planning process through tools, such as the statement of community involvement, to ensure that local people are involved in the shaping of their area.
There is no need formally in legislation to forge a link between the framework and sustainable development because the latter has long been the basis for all planning policy, as I said in the previous debate. It will be a core principle of the new framework. The noble Lord, Lord McKenzie, asked about where plans are not up to date. The NPPF will be able to provide a clear basis for determining applications. It will be up to decision-makers to decide the weight to give to the plan and the NPPF in each case.
I understand the desire to put a presumption in favour of sustainable development on a statutory footing as it should be central to the way the reform of planning policy works, but in making it central to the NPPF, as we propose, we believe we can do that without creating conflicts with existing legislation, as this amendment would do. For example, we could not, as proposed here, require in law all individual proposals to be approved wherever possible and still have a plan-led system.
Turning to the proposals put forward by the noble Lord, Lord Berkeley, the transport planning policy has been set out within the national policy. This is the best place to spell out how the impact of new development should be considered through the planning system. Legally, decision-makers must have regard to national policy where it is material to their decision, and transport issues are one of the material considerations routinely taken into account. Importantly, policy is more flexible and more capable of responding swiftly to changes in circumstances than legislation. Therefore, I do not think it is appropriate to make changes to transport policy through legislative means, particularly when the Government are due to publish the NPPF, which will include transport policy. If changes are required to transport policy, they should be carefully considered as part of that consultation and, if appropriate, taken forward through the NPPF.
Moving to the next issue, the proposal that the NPPF should be able to trump all other plans where there is an inconsistency fundamentally changes the way the plan-led system is designed to operate. At local level, this is unnecessary and deeply centralising. Section 19(2) of the Planning and Compulsory Purchase Act 2004 means that local plans should be prepared having regard to national policy, which will include the new NPPF. The Planning Act 2008 requires decisions on major infrastructure projects to be taken in accordance with any relevant national policy statement. There is a national need for a new infrastructure, and it is essential for growth. That is why the Government are establishing what is needed and how planning decisions should be taken for those national-level schemes that will have impacts and benefits beyond the local area. Each infrastructure sector is different, which is why we are urgently pressing ahead with sector-specific national policy statements rather than a single national policy statement to cover all sectors.
Lord Taylor of Holbeach
I may not be addressing the immediate point of the debate; I was trying to put the Government’s position in the context of their wanting to set the drivers for local authorities to address this issue and set about these reviews as quickly as possible. We did not want to leave the regional spatial strategies in place as a backstop, because the drivers for change must come from local authorities undertaking the review themselves.
We recommend that any reviews be undertaken as quickly as possible. That will enable councils to move away from an inflexible, top-down approach, which I think the noble Baroness will admit was the effect of the regional strategies, and take a lead in planning to meet the aspirations of their local communities.
Councils are perfectly capable of addressing strategic issues locally, working with adjoining authorities—we will talk about the duty to co-operate when we meet again—and other bodies as needed. The duty to co-operate will help them to work together. We know that some councils are already forging ahead and developing strategic policies in their local plans.
Reviews should be proportionate, focusing on relevant key issues. Councils do not need to undertake wholesale reviews as a result of the change. Plans must be based on robust evidence and be deliverable, otherwise they will not have the confidence of communities or investors and may not pass the tests of soundness at independent examination. I reassure noble Lords that the same evidence that informed the preparation of regional strategies can be used to support local plan policies.
Amendment 147FH would ensure that policies in existing local plans which were originally drafted in conformity with saved structure plan policies, or regional strategies, were not undermined by the revocation of these policies. As with the Government’s intention to revoke regional strategies, the commitment to revoke the saved structure planning policy has been known for some time and, for the reasons I have already given, we do not think that the amendment is necessary. Councils will be free to incorporate elements of saved structure plans and revoked regional strategies into their local plans when they review them. It will be for them to decide how much of these policies they wish to retain for their areas.
Revoking regional strategies is an important part of our proposals—I think the Committee recognises that—to decentralise decisions on housing and planning to local councils and communities. It will make local plans drawn up in conformity with national policy the basis for local planning decisions and put greater power in the hands of local councils and communities. If councils intend to review their local plans once regional strategies are revoked, they should do so quickly and in a proportionate way. There is no necessity for transitional arrangements.
With these assurances, I hope the noble Lord is willing to withdraw the amendment.
Baroness Hamwee
The Minister referred to the inclusion in the coalition agreement of the abolition of the regional spatial strategies, and all noble Lords understand that. I am sure that the Government would not say that local authorities should work on the basis that regional change had happened as a result of an announcement, as distinct from within legislation. If I am right about that, can the Minister give the Committee any news about when the Government intend to bring what will be Section 94 into force? Its commencement might answer some of the points about transition. It strikes me that there is a relationship there.
Baroness Andrews
My Lords, requiring local authorities to go through this process is completely inimical to the idea of localism. As I understand it, the Government’s policy is to reduce burdens on local authorities, but I do not know whether the problem that is being addressed is a political problem—we understand why the Government want to get rid of regional strategies—or a methodological problem; you cannot save these regional spatial strategies if you have abolished them. I do not whether the Government are wrestling with a practical problem or a political problem.
On the basis of the information that I have received, I know that in every previous attempt at moving from one planning system to another there have been transitional arrangements and a capacity to save plans. This has meant consistency and the saving of time and resources for local authorities. The noble Lord, Lord Best, and I are genuinely trying to help the Government in this situation and to help local authorities to avoid having to go through an elaborate double process.