Localism Bill
Debate between Baroness Hanham and Lord Howarth of Newport(12 years, 6 months ago)
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Lord Howarth of Newport
My Lords, the noble Lord, Lord Best, and the LGA are surely right that sustainable development must be interpreted locally and in the end you can only determine what it means in relation to local circumstances. However, I agree with both noble Lords who have spoken in the debate that it is important that the Government should fill out their definition, or at least their understanding of what is intended by sustainable development. The Brundtland definition is so high level that it leaves too much scope for varying interpretation. In the absence of specificity and rather fuller detail in the way in which the Government have set forth this policy, there is space for all sorts of anxieties to grow. Those anxieties have been intensified by what the Chancellor of the Exchequer said in his Budget speech when he referred to the planning system as being a “chronic obstacle to growth”. That is a profoundly misplaced analysis. Whether or not the planning system has played some part in obstructing growth over the years, what matters now is that a lot of people in this country are anxious about the Government’s intention. While they may possibly acquit CLG of desiring to concrete over the countryside and so forth, they have anxieties about the Treasury’s reading of the situation and intentions. I think that they feel the Treasury would be too ready to see the protections that the planning system has historically given to our countryside to prevent inappropriate development being swept aside. The more desperate we become to achieve economic growth the more reckless they fear the Government may be over those protections.
The Government would do themselves a good turn and would allay a great deal of anxiety that I am sure in reality is needless if they would undertake to clarify and amplify their intentions in committing themselves to promoting sustainable development. Like other noble Lords I do not think that it is appropriate to attempt a full definition on the face of primary legislation because, as we have noted, the understanding of sustainable development has itself developed over the years and will surely continue to do so. It seems that the right place for that is guidance, whether in an expanded section of the NPPF or perhaps in greater detail in fuller supplementary guidance that I continue to hope the Government will issue to support the NPPF because, admirable as I believe most of its tendencies to be, it is too high level and leaves too much scope for ambiguity and doubt.
There is not only anxiety but the danger of legal conflict and uncertainty among all concerned. I think that it would be very helpful if the noble Baroness were able to say that the Government have made up their mind firmly that they will provide a fuller explanation and definition of what they intend by sustainable development.
Baroness Hanham
My Lords, in the previous debate I promised to go away and think about what should be done and whether sustainable development should find itself in legislation or in the national planning policy framework. It has been clear throughout the passage of the Bill that this matter has demanded careful consideration. It has been raised over and over again. We discussed this very thoroughly on Report, and I think we established that there was a good degree of agreement between us about the outcome that we are trying to achieve. I said then that there should be no doubt about the Government’s commitment to securing sustainable development through planning and to meeting environmental, social and economic needs in a balanced way. Those are the three legs of the stool that reference the planning side. It has been apparent from the debates we have had on the Bill and in the House that we need to be clear and to go further in setting out how our commitment can be achieved.
Having agreed to go away and come back with our view on whether the Bill could be amended to effect this aim or whether it could be part of the consultation on the draft national planning policy framework, it is appropriate to say more on that. I appreciate that the amendment put forward by the noble Lord, Lord Greaves, and his colleagues is designed helpfully to probe our intentions on this, and I accept that the noble Lord, Lord McKenzie, was trying to do the same thing. I hope I can provide reassurance.
We now have the benefit of the consultation responses and the draft NPPF. As noble Lords have said, there are 14,000 replies, and many of them are going to address this specific issue. We also have the evidence given to the environmental audit committee, so there is quite a lot of external thought coming on this. Of the responses that we have been able to look at so far, many have made a cogent case for defining sustainable development in more detail in the NPPF. Noble Lords have also voiced strong views about what should be included. Clearly, we need to tailor our definition in the light of all the views we have received. This is something that we intend to do as we revise the document. The explanation will not be a legal requirement in the Bill but will address the policy issues in the policy framework.
We cannot finalise our policy on the NPPF until we have considered all 14,000-plus responses, so I am not going to try to pre-empt that, but important themes are emerging that we want to take into account as we refine our approach. In particular, we know that we need to address the way in which the definition works alongside the presumption in favour of sustainable development, so it is clear that what we want to see through the presumption is that development is sustainable. The planning system should help to secure net benefits for present and future generations, including promoting strong, vibrant and healthy communities together with protecting and enhancing our natural, built and historic environment—we have always had a commitment to that, but I think some of it got skewed during the early part of the consultation process, almost before it had started—in situations in which there could be limits to the environment’s ability to accept further development without irreversible damage. We will carefully consider what noble Lords and noble friends have said about building on and explicitly referencing the principles that underpinned the 2005 UK sustainable development strategy, which is the relevant strategy. We are crystal clear—as the noble Lord, Lord Greaves, pointed out, my honourable friend Greg Clark, who has been managing this Bill, is clear—that sustainable development has the three legs that we have spoken about: environmental, economic and social dimensions. The purpose of the planning system as a whole is to achieve a balanced outcome—I hope that this to some extent addresses the question asked by the noble Lord, Lord Howarth—that actually reflects all three of these points.
Lord Howarth of Newport
My Lords, it is a great strength of the Government’s policy that it commits us to plan-led and sustainable development. It follows from that that it would be extremely unfortunate if there were to be possibly a long interval—a black hole—in which possibly half of planning authorities, maybe even all, did not have a valid plan. During that period there would be real danger of abuse and bad, inappropriate development gaining permission, and perhaps even being built, which would contradict the Government’s proper objectives. Unless the Minister is able this evening to give clear-cut reassurance that there will be firm and legally binding transitional arrangements, I fear there could be consequences that the Government do not want. I also fear that there will be needless public anxiety—or, possibly, even justified public anxiety—and it would be sensible and helpful if the Minister could finally allay our anxieties on this point.
Baroness Hanham
My Lords, I am not going to be able to reassure everyone on everything. When we discussed this in the past, I pointed out the Government’s concern that there had been transitional arrangements on previous occasions which had resulted in only 40 councils having local plans, with some of the remainder being on tap and others having some being prepared. Transitional arrangements are a bit of a worry. In response to a question today, I said to the noble Lord, Lord McKenzie, that this is very much in our minds and I can confirm that that is the situation. We are looking very carefully at transitional arrangements, particularly in respect of the analysis of the NPPF and what that will throw up. We have listened also to the views of the Local Government Association and others and will be taking them into account.
We place an enormous amount of importance on up-to-date local plans and we will put in place transitional arrangements that advantage plan making to reflect the fact that the national planning policy framework is all about putting local communities in control of planning decisions through their local plan. As I have said previously, the framework is policy not legislation and legislative measures are unnecessary as the Secretary of State can deliver transitional arrangements more appropriately through policy or guidance. That clearly will be part of the discussions and talks we are having about how much of that is required.
It would also be helpful if I made it absolutely clear that the status of local plans will not change when the Bill is enacted and the final national planning policy framework comes into force. Local plans will continue to be part of the development plan and the plan will remain the first point of reference for decisions on planning applications and appeals. It is, of course, for local councils to decide when they should update their local plans—it is entirely a matter for them and their communities—but it is important that we help them through the process. We are supporting councils by simplifying the process of preparing plans. This will help provide flexibility so that councils can concentrate on issues that matter to them and their communities.
On the question about the Planning Inspectorate, we are working closely with it to make sure that the examination process can be quicker and that, if necessary, only parts of a local plan need to be reconsidered. It is a flexible arrangement and we are sure that the Planning Inspectorate will be able to help with that appropriately.
As we have discussed before, if there are policies and regional strategies that councils wish to incorporate in local plans they can do so by undertaking a review focusing on those policies. Councils can also continue to draw on evidence that informed the preparation of regional strategies to support local plan policies, supplemented, as needed, by up-to-date local evidence. The availability of an existing body of evidence will also help councils through the local plan review process and, consequently, transition.
The NPPF offers councils the opportunity to seek a “certificate of conformity” with national policy which will help them identify which of their existing local policies are consistent with the framework. We expect that many elements of local plans will conform with the direction of national policy. Where issues are indentified, councils should attempt to address these through reviews undertaken as quickly as possible. We will, of course, be considering any representations made on this point in the current consultation.
Localism Bill
Debate between Baroness Hanham and Lord Howarth of Newport(12 years, 7 months ago)
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The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Hanham)
My Lords, I am very grateful that this matter has been raised again and that the noble Lord, Lord Best, has not been done out of his speaking part. It seems that the central issue is the maintenance of up-to-date local plans. They are absolutely essential to set out communities’ aspirations for the development of their areas. We are clear that the early review of plans will be the way forward to help manage transitions and deal with local issues arising from, ultimately, the revocation of regional strategies and the introduction of the national planning policy framework.
All of this has been about transitional arrangements. First, these need to be thought through very carefully. Secondly, my honourable friend at the other end has committed us to having transitional arrangements in policy and, where necessary, in guidance. Therefore, consideration to this is already being given. However, I am bound to say that this point has also been raised in the consultation on the NPPF, so the request of the noble Lord, Lord McKenzie, that we should come back at Third Reading may not be one on which I can deliver, because consideration may not have been given to what the full-blown transitional arrangements are going to be.
It has been said that not all local authorities have local development plans. In fact 46 per cent do not and they have had more than eight years to produce them. The worry is that if you time limit a transitional period in some way you are back exactly where we started before, that people do not pay the slightest attention. They think that they have got a long time to do it and they do not actually do it. It is absolutely essential that we put pressure on local authorities to get their local development plans completed and to get them up to date.
It may be helpful if I take this opportunity to clarify that the status of local plans will not change when the final national planning policy framework comes into force. Local plans will always be part of the statutory development plan and that is the first port of call for all decisions. As now, decision-makers are able to give weight to emerging plans in planning decisions and that weight will depend on how far these plans have progressed. Therefore, they are capable of being used to help planning decisions wherever they stand at the moment. Nor do our proposals change the situation for authorities who do not have a plan. Such authorities, because they do not have a plan, already have to have regard to all material considerations in their decisions. That will often include national policy. Areas without a local plan are lacking strategic community oversight, and the introduction of the national planning policy framework does not change this position.
As I have said, it is of course open to local councils to decide when they should update their local plans. It is in fact entirely a matter for them, but they are going to be under some pressure if they want to ensure that they have conformity with the national planning policy framework and that they are able to progress their plans in the most up-to-date way.
Transition is going to be helped by councils drawing on evidence that informed the preparation of regional strategies. We understand that that will need to go across. They will need to do that to support their local planning policies, supplemented as needed by up-to-date local evidence. If there are issues that councils regard as being an essential part of the development plan for the purpose of determining planning applications they must undertake an early review and work with local communities as they would be expected to do anyway.
With regard to the national planning policy framework, consultation ended yesterday and, as we said in our debate last week, this has now got to come under consideration. We have listened to the views of local government and we have said that we will put in place transitional arrangements that advantage plan making to reflect the fact that the national planning policy framework is all about putting local communities in control of planning. But the framework is policy, not legislation, as I discussed at some length on Thursday. Any transitional measures will be more appropriately delivered through policy or guidance rather than legislation. I suggested that we may not be able to come back with this at Third Reading, though it is a matter that I will take away. It looks very much as if we will be able to issue guidance within a timescale which we may be able to save.
The draft national planning policy framework offers councils the opportunity to seek a certificate of conformity with national policy, which will help them identify which of their existing local policies are consistent with the national planning policy framework. We actually expect that many elements of local plans will already conform with the direction of that because the policy framework in fact reflects all the guidance and planning policy statements.
I was asked a number of questions and I think that I have answered some of them on the way. The noble Lord, Lord Greaves, asked whether there will be regulations and guidance. There will be guidance through the NPPF, but we will need to find out when that will happen.
Lord Howarth of Newport
Will the Minister say a word or two more specifically about the status of the planning policy statements during this transition period and perhaps beyond? She will recall that in the debate last Thursday, the noble Lord, Lord Hart of Chilton, an experienced member of the planning bar, made the point, as did other noble Lords, including me, that the higher the level of generalisation in the national planning policy framework short document, the greater the risk of litigation. He thought that where there was litigation, the courts would take into account the planning policy statements, even if the Government have removed their formal status as policy documents, in default of other clear guidance. Therefore, de facto, the planning policy statements are going to have a status. They are still going to be a force on this scene. Would it not therefore be preferable for the Government to recognise that and embrace them in some appropriate form, given that the high level and major planning policy document will be the national planning policy framework?
Baroness Hanham
They are already going to be able to take into account the emerging NPPF as a policy statement. I should like to go back to the question of whether the PPS and PPG are going form part of it. I suspect that this is all part of the consultation about how much background is going to be needed and how those planning policy statements are going to be included. I will come back to that by Third Reading because I do not have the direct answer at present.
The noble Lords, Lord Greaves and Lord Best, asked about the timescale. I have already said that I do not think we will be putting in a firm timescale. We expect the changes to take place as soon as possible, and we hope that local councils will get a move on with them. I think I said that the transition is going to be helped by drawing on evidence that informed the preparation of the regional strategy, and part of that will be the PPS and PPG. The NPPF will supersede the PPS and PPG, but they stay in place unless and until the Government revoke them.
The noble Baroness, Lady Whitaker, and the noble Lord, Lord Avebury, asked me about Gypsies. As both of them will know, the draft PPS on that has just been issued for consultation, but local authorities are already required to provide Gypsy sites and, under the duty to co-operate, they are required to work across boundaries to ensure that they have sufficient provision for them.
Statues
Debate between Baroness Hanham and Lord Howarth of Newport
Baroness Hanham
My Lords, that would seem to be a very sensible proposal and I shall make sure that it is recorded.
Lord Howarth of Newport
My Lords, has it not been the practice historically to raise money by way of public subscription to pay for statues in central London of our country’s great statesmen? Which members of the coalition Cabinet does the Minister think the country will be most enthusiastic in due course to honour in this way?
Baroness Hanham
My Lords, I think we will require an enormous amount of land. I would not want to single out anyone, and I would expect them all to be so honoured.
Planning
Debate between Baroness Hanham and Lord Howarth of Newport(12 years, 8 months ago)
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Baroness Hanham
My Lords, the presumption in favour of development is set against the background of local plans. Those are being created, although some have not been completed. However, the presumption is there to ensure that decisions are taken with reference to the local plan, where there is one; if there is no local plan and there are no sizeable objections to the application, it goes ahead. That saves time, it gets things for the community developed more quickly and does not, I think, prejudice anybody’s interest.
Lord Howarth of Newport
My Lords, will the noble Baroness the Minister advise members of the National Trust and the Campaign to Protect Rural England actually to read the draft national planning policy framework before they allow themselves to be co-opted in a hysterical campaign of denunciation? Will she also take this opportunity to reaffirm a national commitment, which is lacking in the draft, to prioritise development on brownfield land? Will she undertake that the Government will allow reasonable time for local planning authorities to complete or to update their local development frameworks before the new policy is brought into operation?
Baroness Hanham
My Lords, I am extremely grateful to the noble Lord, Lord Howarth of Newport, for raising this issue about the campaign that has been waged by both the National Trust and one of our major national newspapers. It has been both over the top and extremely personalised, which makes it very difficult for people to answer their attacks. That, I think, is well off the line. Nor do I understand it, because English Heritage itself—in the form of my noble friend Lady Andrews, who is not here at the moment—has already confirmed that the planning policy as it stands does not affect heritage at all but simply confirms the previous Government’s position on this as well as our own: that all aspects of our heritage are extremely important and that they will be protected through this new system. We expect brownfield sites to be developed, largely in town centres. Town centre planning, and development in town centres, is important, but we will not rule out, and the plan does not rule out, the fact that in some circumstances, particularly in the countryside, there may be a reason why some green land—not green belt land but greenfield land—may be appropriate to build on.
Housing: Market Renewal Partnerships
Debate between Baroness Hanham and Lord Howarth of Newport
Baroness Hanham
My Lords, capital is capital and revenue is revenue in local government terms, and seldom the twain shall meet; there really is not an option to move between capital and revenue in this instance. That will not provide flexibility. However, the Government announced on 9 June the removal of ring-fencing, so there will be flexibility in local government to deal with issues such as this.
Lord Howarth of Newport
My Lords, will the Government require housing market renewal partnerships to desist from pulling down old houses to which people are very much attached and which it would be less disruptive and cheaper to refurbish rather than replace?
Baroness Hanham
My Lords, this has been an issue ever since the pathfinder programme was set up under one of the previous Secretaries of State, John Prescott, when there was a great overexuberance in some parts of the country for felling old houses. It is entirely up to each pathfinder and local authority as to what they do, but the message must have gone out very clearly that some people love old houses. If they can be put right and the neighbourhood maintained, that would seem to be a reasonable answer.