Growth and Infrastructure Bill Debate

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Baroness Hanham

Main Page: Baroness Hanham (Conservative - Life peer)
Monday 4th February 2013

(11 years, 9 months ago)

Lords Chamber
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Baroness Young of Old Scone Portrait Baroness Young of Old Scone
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My Lords, I stand briefly to support Amendments 78ZB and 79A. I will not re-rehearse the arguments that I made when talking about the previous group of amendments but will simply say that in my experience developers crave certainty. It is not always possible to give certainty, but if a firmer framework is put around the planning process, that would provide more certainty for developers. That is something they would welcome, and both these amendments would enhance that.

Baroness Hanham Portrait The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Hanham)
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My Lords, I will speak to Amendments 78ZB and 79A first, before then speaking to Amendment 79. The Government cannot agree to Amendments 78ZB and 79A. The first of these amendments would require the Secretary of State to,

“prepare and lay before Parliament … a national policy statement”,

for any development which would be the subject of a direction under Section 35 of the Planning Act. Amendment 79A would then require the Secretary of State to make decisions on development consent orders for business and commercial developments, where there is no national policy statement in place, in accordance with the relevant local plan. I will set out my reasons for not being totally in favour of this.

As we set out in our recent consultation document on the new business and commercial category of development, the Government do not think the case for one or more national policy statements is strong for this category of development. The consultation closed in January and we are considering the responses that we have received, including on the subject of whether or not a national policy statement for business and commercial development should be prepared. I should stress that, unlike nationally significant forms of infrastructure, this clause does not provide for a mandatory planning route. Developers may, as we discussed on previous amendments, make a request to the Secretary of State to use the Planning Act regime or they may continue to submit their planning application to the local council. Although there is a worrying trend of large-scale major applications taking longer to determine, we recognise that many councils do determine important applications quickly and that the majority of business and commercial applications will probably remain with the local council for decision. We expect the numbers of business and commercial applications to be determined via this route to be very small.

Without a national policy statement, the Secretary of State will determine applications having regard to any local impact report, any prescribed matters and any other matters he considers both important and relevant. This could include the local plan and the National Planning Policy Framework, which of course itself places great importance on local plans. In those circumstances, Amendment 79A is clearly unnecessary. The effect of the amendment would be that the local plan potentially overrides other important considerations. For projects of national significance it is important that a wide range of matters are able to be given appropriate weight.

My right honourable friend the Secretary of State for Transport has, for example, issued decisions under the Planning Act regime without a national policy statement in place. In reaching his decision on the application for the north Doncaster rail chord, my right honourable friend agreed with the examining authority that the unitary development plan, the draft core strategy, key policies from the local plan, the National Planning Policy Framework and other policy documents were able to provide the necessary policy context.

Baroness Young of Old Scone Portrait Baroness Young of Old Scone
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What happens in rail transport is very different from what happens in a heterogeneous collection of commercial and business applications. The whole policy framework, if not explicit in terms of railway planning, has been established for many years and the plans and proposals for most of the railway authorities and operating companies are very visible and transparent. Using a railway example does not test out that issue.

Baroness Hanham Portrait Baroness Hanham
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My Lords, I sometimes think it is not a good idea to give examples so I will move on. The reason that I have said the national planning statement is not being looked at with favour for building commercial is simply because the expectation is that it will be of very little use and that there are other documents and evidence that will be good enough to help in this matter.

We support the intention behind Amendment 79 as we also believe in the important role that parish councils can and do play in the planning system but we are not happy to accept it for the following reasons. First and foremost, the Planning Act 2008 already places a requirement on the applicant to inform local authorities, communities and other prescribed bodies, which include relevant parish councils, about the proposed application and to engage them in pre-application consultation. In addition, should an application then be accepted for examination by the Secretary of State, the applicant must inform those bodies that the application has been accepted so they have an opportunity to make representations and register as interested parties for the purpose of the examination. Therefore, we cannot accept the amendment simply because it is not necessary. Parish councils are already defined as a statutory party in the regulations that accompany the primary legislation. This means that parish councils must be consulted about proposed applications for a development consent order and if they wish to make representations, they are able to do so. With those explanations, I hope that the noble Lord will be able to withdraw the amendment.

Lord Greaves Portrait Lord Greaves
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My Lords, I am grateful for the Minister’s comments on my amendment. I am not sure I grasped all the details of the answer but I will read it carefully and if I have any further questions, I will come back. One question I have now relates to the pre-application consultations under the 2008 Act. Does that mean that an application for development consent for business and commercial purposes under the new provisions would not be accepted until those pre-application consultations by the applicants have taken place locally? Will that be the case in future?

Baroness Hanham Portrait Baroness Hanham
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My Lords, part of the whole system under the Localism Act in particular was that developers should carry out pre-application consultations on every application. The answer to the noble Lord’s question is yes, we would expect that pre-application consultation to take place with everybody who might be affected by the application. That, of course, might include parish councils.

Lord Greaves Portrait Lord Greaves
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I am not sure that the Minister has actually answered my question. I accept what the Minister has said that it is requested—as it is for ordinary planning applications. But in an ordinary planning application, if the pre-application consultations have not taken place, that is not a reason for refusing to accept and register an application. If I am wrong, I would be delighted to hear from the Minister but I do not think I am wrong. But in the case of an application for development consent that is to be dealt with nationally, is it actually a requirement and would the application not be accepted without it?

Baroness Hanham Portrait Baroness Hanham
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My Lords, the answer to the noble Lord’s question is, on both counts, yes. It is part of the regime that there must be pre-application consultation, whether it is going to be done by the local authority or under the major infrastructure plans.

Lord Adonis Portrait Lord Adonis
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I beg leave to withdraw the amendment.

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Lord Greaves Portrait Lord Greaves
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My Lords, I have added my name to these amendments. I had prepared something to say but it would substantially duplicate what the noble Baroness, Lady Young of Old Scone, has said. Therefore, I will not say it, except to underline her amendments and what she has said. In the past few years, when we have been discussing planning matters, we have been around these arguments several times under both Governments. There has been continued resistance from government to put too much on the face of planning legislation about the need to tackle climate change. I have no doubt that we will get the same resistance today.

I shall ask the Minister some questions. First, do the Government still accept the requirements of the Climate Change Act 2008? Do they apply that to their decisions, not least within the planning sphere? Secondly, is climate change and the need to tackle climate change one of the factors—whether or not it is in planning legislation—that the Secretary of State takes into account and will take into account when making planning decisions, both in the sphere of planning guidance and in making decisions about such things as applications for development control? Thirdly, is climate change something which the Government expect local planning authorities to take account of when they are making their own plans and their decisions on planning applications?

Baroness Hanham Portrait Baroness Hanham
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My Lords, I start with the three questions asked by the noble Lord, Lord Greaves. With regard to climate change, Section 10 of the Planning Act 2008 already requires the Secretary of State to,

“have regard to the desirability of … mitigating, and adapting to, climate change”,

when undertaking statutory functions in respect of national policy statements. I think and hope that that concludes that. Planning has an important role in tackling climate change and making the transition to a low-carbon economy. We want to ensure that new development is future-proofed against climate change as decisions are made. As far as I am aware, local authorities would have to take account of climate change where it is relevant under their planning guidance.

I am grateful to the noble Baroness for moving her amendment. As I hope I have indicated, the Government remain committed to tackling climate change. We recognise that it is one of the great challenges facing the nation and the planning system has an important role to play, both in mitigation and adaptation. The planning regime can co-ordinate and galvanise community action on renewable energy and help to deal with the growing risks of flooding from severe weather and sea level rise. Many nationally significant infrastructure projects consented to under the Planning Act 2008, such as those that produce renewable or low-carbon energy, are in themselves major contributors to reducing the impacts of climate change.

I will now respond to the noble Baroness on her amendments to the Planning Act 2008. I hope to demonstrate to her that these changes are not needed, given the requirements that are already in place under that Act to ensure that the mitigation of and adaptation to climate change are properly taken into account both for individual projects and in terms of their cumulative effects.

Amendment 81A would introduce a new clause which would allow designation of a national policy statement under the Planning Act 2008 if the Secretary of State were satisfied that the policy in the statement contributed to the mitigation of, and adaptation to, climate change. It is difficult to see how this adds anything to the existing Section 10 of the Planning Act. As I have already said in reply to the noble Lord, Lord Greaves, this already requires the Secretary of State to have regard to the desirability of mitigating, and adapting to, climate change when undertaking statutory functions.

The amendment then proposes that a report should be produced annually setting out the cumulative effects of development consents. The noble Baroness’s Amendment 81B, would require the Secretary of State to have regard to the latest version of this report when taking decisions on nationally significant infrastructure projects where no relevant national policy statement had been designated. I suggest that such annual reports would add a new legislative requirement with no discernable benefits. It is important to remember that a key factor in taking decisions on nationally significant infrastructure projects is the framework set out in national policy statements. Where these statements are in place, the Secretary of State is generally required to make decisions on development consents in accordance with them. The statements include specific policies on the mitigation of, and adaptation to, climate change. National policy statements are also subject to a sustainability appraisal before they are designated, and this appraisal will include consideration of impacts and benefits in terms of climate change. The appraisal of sustainability is also accompanied by a monitoring strategy, which ensures that a strategic-level assessment of the effects of implementation of national policy statements is properly considered.

In addition, most nationally significant infrastructure projects must be subject to detailed environmental impact assessment, and cumulative impacts must be considered as part of those assessments. I know that a number of noble Lords have expressed concern about those situations where no national policy statement may be in place that relates to a development requiring consent under the Planning Act 2008. But, in such circumstances, the Secretary of State must take account of factors that are both important and relevant when reaching a decision on development consent for a project. Such factors are very likely to include planning policies as set out in the Government’s National Planning Policy Framework. A core planning principle of the framework is for planning to support the transition to a low-carbon future in a changing climate. In short, I would argue that we already have structures in place that meet what the noble Baroness is seeking to achieve through Amendments 81A and 81B.

On Amendment 81C, the National Planning Policy Framework already expects local councils to adopt proactive strategies to mitigate and adapt to climate change, in line with the objectives and provisions of the Climate Change Act 2008. We have set out clear policies in the framework on how local authorities should support the move to a low-carbon future. They should do this by planning new development in locations and ways which reduce greenhouse gas emissions, by actively supporting energy efficiency improvements to existing buildings and by having a positive strategy to promote energy from renewable and low-carbon sources. We have also made it clear that local plans should take account of climate change over the longer term, including factors such as flood risk, coastal change, water supply, and changes to biodiversity and landscape. I am sure that all of this rings pretty hard with the noble Baroness, who has spent quite a lot of time on all these issues. I also recognise the work of the Planning and Climate Change Coalition in producing cross-sector guidance, which has already helped local authorities to deal with the detail of how to take action.

As local plans are already required by the framework to have climate change policies on mitigation and adaptation that are in line with the objectives and provisions of the Climate Change Act 2008, there is no need for this amendment. The framework achieves this in combination with the existing duty on local authorities: Section 19(1)(a) of the Planning and Compulsory Purchase Act 2004, and the requirement in Section 19(2)(a) to have regard in preparing their plan to national policies and advice contained in guidance issued by the Secretary of State.

Furthermore, the amendment raises the possibility of legal challenge if the local circumstances mean strict application of every provision of the Climate Change Act 2008 is not appropriate. Additionally, any future changes to legislation on climate change can be readily reflected in updates to national planning policy, whereas a requirement in primary legislation, linked directly to the Climate Change Act 2008, could not be updated quickly. If the Act of 2008 were to be updated, this could confuse and hinder the production of up-to-date local plans.

In conclusion, the Government remain committed to tackling climate change. Existing provisions in legislation and policy already achieve what the noble Baroness seeks to do through her amendments. Given these reassurances about how we believe that this is all being dealt with, I hope that the noble Baroness will withdraw her amendments.

Baroness Young of Old Scone Portrait Baroness Young of Old Scone
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My Lords, I thank the Minister for her extensive response, which I shall have to pore over before I come to any conclusion. I have two issues in the mean time. The requirement of the Secretary of State to have regard to a general set of provisions about climate change is not the same as linking that clearly with the Climate Change Act and the suite of targets that flow from that. Getting that kind of numerical precision of the targets into the Secretary of State’s responsibilities is important. The Minister’s point about the importance of the national policy statements for setting the framework for decisions means that Amendment 81A becomes even more important in terms of making sure that the Secretary of State does have this duty when he draws up national policy statements.

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Lord McKenzie of Luton Portrait Lord McKenzie of Luton
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My Lords, we await the Minister’s response on these amendments. I am bound to say that I have some sympathy with the point made by the noble Lord, Lord Greaves, about the second of the amendments and the need to have specific powers in some circumstances: for example, in the case of a highways authority. Presumably, that authority cannot exercise those powers in an arbitrary way. I should have thought that it had to be subject to a test of reasonableness.

The only point I would make on Amendment 81CA is that it seems to be a clear recognition of the fact that delays on the part of a local planning authority are not always or only the fault just of the local planning authority; it relies on others to play their part. That is why we will come back to Clause 1, which we wish to delete from the Bill.

Baroness Hanham Portrait Baroness Hanham
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My Lords, the proposed new clauses in Amendments 81CA and 81CB seek to improve the performance of statutory consultees in the planning system. I am very sympathetic to this objective but I am not sure that these proposed new clauses are the way to achieve it.

It is important to recognise that statutory consultees have an important role in the planning system. The key statutory agencies have valuable expertise on a range of specialist areas such as heritage, highways and nature conservation, and their input helps local authorities ensure that the impacts of new development are comprehensively understood in planning decisions.

Where statutory consultees are consulted on planning applications, they are required by law to reply to the local authority within 21 days. In doing so, they must provide a substantive response, enabling the local authority to proceed with the determination of the application in question. Any extension to the 21-day deadline would need to be agreed with the local authority. Therefore, boundaries are already in place.

Statutory consultees are required to report annually on their performance in meeting these targets. The five main statutory consultees achieve between 96% and 99%. Taking this into account, we do not think that a system of fines could significantly improve performance and would be difficult to devise. However, we are aware of the need to improve the way statutory consultees engage with both local authorities and developers to foster a more positive approach to facilitating development and delivering growth. I am bound to say that the reply within 21 days cannot be just a holding reply; it has to be a full response.

We have also taken action to ensure that statutory consultees are more accountable for the advice that they give and we have changed the award of costs circular so that if an inspector considers that a statutory consultee has acted unreasonably during the determination of a planning application the consultee can become liable for an award of costs. Although I support the intentions behind the amendment, I do not think it is necessary, considering the steps we are taking.

The second amendment would repeal the general power in primary legislation for the Secretary of State to give directions restricting the grant of planning permission by a local planning authority. The Planning Acts give the Secretary of State a wide range of default powers that can be used as a last resort in relation to both plan-making and decision-taking. The powers are there as a fall-back to protect the public interest. The powers set out in Section 74 of the Act are exercised through Article 25 of the Town and Country (Development Management Order) (England) 2010 and that provides that the Secretary of State may give directions restricting the grant of permission by a local authority either indefinitely or during such a period as may be specified.

Planning applications are called in only in exceptional circumstances and the ability to serve holding directions is essential to the smooth functioning of the call-in process. In the case of the power of direction exercised by the Highways Agency, this is exercised during the consultation period, where the agency considers that, were a local authority to approve a planning application, it could result in a dangerous increase in risk to users of motorways and strategic roads. I agree that the Highways Agency should be accountable for the way in which this power is used in order to ensure that it is used for the key purposes of facilitating growth, both in ensuring that proposed developments are not delayed without good reason and in ensuring that approved developments do not result in additional congestion on the strategic road network. If noble Lords agree, I will write with further details on the Department for Transport’s policy on the use of these directions and on any future plans it might have to review them.

I should like to reassure my noble friend and other noble Lords that we are also concerned that any direction is used in as open and transparent a way as possible. The Highways Agency is very keen to work with applicants in developing their schemes and welcomes pre-application discussions. It knows that early engagement with developers is vital to ensure that applications can progress without delay. The agency says that it responds to consultations within the prescribed limit in 99.9% of cases. In 2011-12, 9.4% of responses made by the agency were a holding direction. As already mentioned, the agency has published an improvement plan with actions to improve its performance, especially in reducing the time taken.

I have abbreviated slightly what I wanted to say and I hope that, having done so, my noble friend will feel able to withdraw his amendment.

Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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I am grateful for the amount of trouble my noble friend has taken in responding to these two amendments. I recognise that the second one was pretty drastic and I described it as a probing amendment, but I am grateful for what she said about the need to improve the performance of the statutory consultees. With that, I am happy to withdraw the amendment.

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The amendment would therefore place a new duty on Ofwat to take explicit consideration of local housing and demographic change projections in its role as economic regulator, which would translate into more certainty for water companies to invest in essential infrastructure needed to support growth. I beg to move.
Baroness Hanham Portrait Baroness Hanham
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My Lords, I thank the noble Lord for moving the amendment, which has crept into our Bill. While the aims behind the amendment are laudable and understandable, we consider that the proposed amendment to Ofwat’s duties is probably unnecessary. It duplicates Ofwat’s existing duties, which is not in keeping with the Government’s principles for economic regulation. Ofwat already has statutory duties requiring it to protect the interests of existing and future customers. It is already required to ensure that water and sewerage companies are able to finance their functions, which include a statutory requirement to provide an adequate water and sewerage service to all premises.

The statutory water resource management planning process requires water companies to set up plans for managing the supply-demand balance over the next 25 years. This must be submitted to the Secretary of State at Defra and must take explicit account of projected population on housing growth. In making price determinations, Ofwat must take account of the published water resources management plans. Furthermore, Ofwat is already under a statutory duty to carry out its functions in a manner best calculated to contribute to the achievement of sustainable development.

The requirement to provide guidance on these matters also duplicates existing provisions. The Government have already published in draft their new statutory guidance to Ofwat—the strategic policy statement. This makes it clear that, in assessing the costs and benefits of supply-demand options, the focus should be on the best overall value in terms of long-term resilience rather than a least cost approach for the short term. This guidance also emphasises the central role of the water industry in enabling the development required to support economic growth and to meet the housing needs of the growing population.

All investment in water and sewerage services is ultimately paid for by the customer through their bills. Since privatisation in 1989, the stable regulatory framework for the water sector has enabled companies to attract more than £108 billion in low-cost investment. This investment is used to upgrade water and sewerage infrastructure, to improve customer service and to improve environmental standards. As the noble Lord has said, between 2010 and 2015, £22 billion will be invested, including ensuring that supplies are available for new and existing customers.

I hope that I have provided the reassurance that the noble Lord seeks in his amendment that there is proper investment and proper consideration of future housing growth, in particular, in the plans of Ofwat and the water bodies.

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Lord Smith of Leigh Portrait Lord Smith of Leigh
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My Lords, I rise to speak to the question of whether the clause should stand part of the Bill and will try, at this time of night, to avoid repeating some of the comments made by the noble Earl, Lord Lytton, and my noble friend Lord McKenzie of Luton. The significance of this clause is that it breaks the consensual approach to business rating that has been in place since the Local Government Finance Act 1988. Here we are, on the eve of the revaluation which would have taken place later this year, being asked to delay it. The process of revaluation seems to have been clearly explained in The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations, which the Government issued in 2012 and which say:

“All rateable values are reassessed every five years at a general revaluation. The current rating list is based on the 2010 revaluation. Five-yearly revaluations make sure each ratepayer pays their fair contribution and no more, by ensuring that the share of the national rates bill paid by any one ratepayer reflects changes over time in the value of their property relative to others”.

That seems a very clear statement of intent. Now the Government are delaying that process so, despite what they said only earlier last year about a commitment to fair share, that commitment has, presumably, been broken.

Noble Lords mentioned the Government’s case about volatility, but volatility has always occurred whenever we have had a rating revaluation and we can cope with that. The data we have from the Valuation Office Agency are pretty sketchy. I will not repeat the comment about the rather suspicious addition of the 500,000 others who make the balance of the case. Before that the balance was that there were more winners than losers. The various revaluations that we have seen—I got a briefing from Colliers International—show that in all parts of the country rateable values in the retail sector seem to have fallen by at least 19%. For the individual centres they looked at, well over 80% had shown considerable falls, with a third of them over 25%. By contrast, the West End had shown an increase of 26%. These figures come from what Colliers calls its midsummer review, which happened last year. If the Government go ahead with this delay, the retail sector might well refer to this as a midsummer murder.

Both the noble Earl and my noble friend mentioned the Lyons review, which is the most recent authoritative report on local government finance. To further my noble friend’s point, I quote directly from Lyons about more frequent revaluation:

“This would make the tax more responsive to the actual state of the property market and could have economic advantages by reducing the burden of taxation on businesses in economic downturns”.

Goodness me—we are in an economic downturn. Lyons has suggested what should happen, but the Government have taken the opposite conclusion to this evidence. We need to understand why this has happened.

Both noble Lords mentioned the Portas review so I will not go into that again. One briefing I read also said that a further unintended consequence of the review could be its impact on property prices over the next couple of years. In areas of decline, this will put further downward pressure on prices so that property values fall much further than they might have if the review had taken place. In areas where property prices have risen, the effect may be the opposite—property prices would rise to soak up the impact of the lack of change. By the time we get to the proposed revaluation two years hence, the amount of turbulence will be significantly higher than it would have been if we had gone ahead with it now. Therefore, it is going to take a Government some degree of courage in 2015 to go ahead with that review if we are going to implement it. As noble Lords have said, this is a really important step. The Government need to give us a lot more information, if they have it, about how they can justify doing this, or we will need to come back to this on Report.

Baroness Hanham Portrait Baroness Hanham
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My Lords, I am rather surprised by the amendment and the tone with which it has been introduced by noble Lords. The reasons for introducing the postponements were quite clear; we are in the middle of one of the most difficult economic situations we have ever had and businesses are suffering from that as well. Therefore, what we can do to help is not to make major changes at this time. I remind noble Lords that the Michael Lyons review was carried out under the previous Government, who decided not to implement any of it, so I do not think we need Michael Lyons quoted to us at the moment.

As noble Lords have said, Clause 25 postpones the 2015 revaluation of business rates. The clause amends some of the most important parts of the business rates legislation so it may be useful if I say a bit about those provisions first.

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Lord McKenzie of Luton Portrait Lord McKenzie of Luton
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My Lords, would the noble Baroness perhaps explain to us what stability this decision gives to businesses which have really been struggling? For these businesses, rental values and rateable values are sure to decline in any revaluation that took place when it should. What stability is there for those businesses that were looking forward to some relief from a reduction in business rates? Is it not traditionally the case that there is a period of transitional relief for businesses that might suffer or be subject to an increase, in order to spread and dampen it?

Baroness Hanham Portrait Baroness Hanham
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My Lords, we believe that stability will be provided by not having a revaluation at the present time. The economic situation is such to make a sureness and security about whatever position people are in very valuable. This is what is required at the moment to ensure that businesses know where they are. We appreciate that businesses are actually going through a very tough time; we have seen that on the high streets and we know that it is happening. So for businesses to have one problem fewer would be valuable.

Lord McKenzie of Luton Portrait Lord McKenzie of Luton
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Given that what seems to be at the heart of this is a dispute over the interpretation of the VOA figures, would the Minister be prepared to set up a meeting which noble Lords could attend together with the VOA and those who have put to us a different analysis of the VOA’s data?

Baroness Hanham Portrait Baroness Hanham
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My Lords, I am not sure that a combative meeting, which I think that that would be, would be very valuable. Perhaps I may think about that and see whether it would be helpful; I am not certain that it would be.

The measure is designed to give businesses security, to enable them to know where they are and to help them through what is a very difficult time.

I was asked also about the capacity of the Valuation Office Agency. We believe that it does not make any difference; it is up to it. It will have to do the same estimates again in a couple of years.

We have discussed the impact of appeals on several previous occasions. I have already told noble Lords that headroom is created in the local government financial settlement to ensure that rating appeals are taken into account and that local authorities do not lose out as a result. I hope that, with those explanations, noble Lords will decide not to press their amendments.

Earl of Lytton Portrait The Earl of Lytton
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My Lords, I thank the Minister for giving such a detailed reply at this time of night. I thank the noble Lords, Lord McKenzie of Luton and Lord Smith of Leigh, for their contributions and for filling in a lot of the detail that it was not possible to give in my introduction.

My meeting with the Minister’s officials was entirely satisfactory, save for the fact that it did not give me the answer that I thought I should have derived from it—but that is par for the course; one accepts that. I understand that the particular meeting to which I referred took place last Wednesday. The Minister—it was not the noble Baroness but one of her colleagues from another place—who had originally been destined to be there for half an hour or so, was there for two minutes and 40 seconds. Just one of the representative bodies got a question in and was more or less told, “Well, it’s a done deal and that’s it”. That seemed to be the end of the conversation, which was not really satisfactory for people coming along and explaining the situation from a business standpoint.

It does not give businesses any comfort to know that the report by Sir Michael Lyons is to be left on the scrapheap because it was commissioned by a previous Government who did not implement it. These things are done with much fine intellect and great skill is applied to them, and they should be taken at face value. I say from these Benches that if businesses are just going to be subjected to the idea of the thing being of no consequence because it is politically inconvenient or political point-scoring, that does not do anything for growth or infrastructure. It does not do anything for businesses or business confidence because all this politicking switches businesses off; they do not operate on that basis.

The Valuation Office Agency’s data were fine in their own terms, but it was how they were interpreted thereafter and the claims made for them that were not substantiated. It would have been better if they had never been prayed in aid at all. The Gerald Eve analysis of the figures—produced by the Valuation Office Agency, not by Gerald Eve; it was a reworking of the Valuation Office Agency’s own figures—has to this day not been challenged or countermanded in any sense. The political overlay is a matter of dismay to many businesses.

The cost of occupation is directly related to jobs. If we are all in this together, and somebody in the Treasury or wherever in the Government is saying, “Well, we’re not going to have this thing, because, in fact, we don’t want any sort of wobbles on the transition to the Local Government Finance Act arrangements and the business rates retention scheme and all that sort of thing”, that is fine, but it would be just as well if that were said outright and then we would all know where we were.

There does not appear to be any other reason for that. With the greatest respect to what the noble Baroness said, I do not believe that the figures add up in the way that she said. I do not believe that there are 800,000 gainers. I do not see that in the figures there. It is an allocation of a large proportion of “don’t knows”, and that is not the same thing at all. Obviously the noble Baroness is entirely dependent in these things on the information that is provided by her department but there is a great deal of concern about the information, what it means and what is being claimed of it. Different interpretations are being attached to things that should have a straightforward meaning to everybody. This is a problem that we need to address.