Garden Cities

Debate between Baroness Hanham and Lord Taylor of Goss Moor

Thursday 6th June 2013 Lords Chamber

[Baroness Hanham]

My Lords, I readily accept what the noble Lord has said. Housing is not going to be confined to new areas. It will of course take place in conjunction with cities or towns, and indeed I think that Cranbrook and Bicester would fill those requirements. I totally agree with the noble Lord on that point.

[Lord Taylor of Goss Moor]

I should say that I have various declared interests and draw the House’s attention to them. I have had a long-term belief that creating new communities relieves the pressure to surround existing communities with undesirable development, while still delivering the housing, workplaces and services that people need. The Deputy Prime Minister and the Prime Minister have both promised the prospectus, which would give a lead to organisations and local authorities in understanding what the Government want. Can the Minister explain why that has not yet happened and can she give any indication of when it will?

[Baroness Hanham]

My Lords, I have indicated that the principles laid out in the prospectus and draft prospectus are already being dealt with and are already being incorporated into the proposals and designs for these larger sites. The local infrastructure fund, which has recently been set up by my department, helps with the sort of matter that the noble Lord has raised—that of the additional pressures placed on local communities—by providing funding for things such as schools and opening up roads.

Localism Bill

Debate between Baroness Hanham and Lord Taylor of Goss Moor

Thursday 7th July 2011 Lords Chamber

[Baroness Hanham]

That is as it stands.

Amendment 136B proposes restricting those who may be specified in regulations as eligible to make community nominations. The majority of responses in the consultation which has just closed agreed with our initial proposal for groups and individuals to be eligible to make nominations. However, a large number of respondents experienced serious concerns about the risk of individuals—a point which has been made again today—and, therefore, we are sympathetic to Amendment 136B. We shall look at that issue further before Report. We will have nearly the whole Bill to come back to on Report.

Amendment 136BZA tends to assume that the term “person” in the Bill refers to an individual and has been brought forward alongside the earlier Amendment 136A. In fact, “person” is a legal term which can refer to either an individual or group of individuals forming an unincorporated body or an incorporated body such as a company. So adding “persons” does not add materially to the scope of the power to make regulations that define who can make community nominations. I shall consider whether it is sufficient for the legislation because sometimes legal definitions are totally misunderstood. It may perhaps be helpful if we consider whether it should be “person” or “persons”.

Amendment 126C would add detail to those who may be specified in regulations as being able to make a community nomination. The noble Lord, Lord Greaves, mentioned two categories: first, those with a particular interest, disability or—the amendment states “advantage”, but I presume it means “disadvantage—and, secondly, people or bodies with a common right to use land because they own or occupy neighbouring property. We do not consider it necessary to specify either category. While we fully intend for the community rights to buy to be inclusive, we do not want to be too prescriptive on the kinds of organisations eligible to list land. It will be a broad list anyway and we would rather not have specific organisations on the face of the Bill.

Amendment 136BZC would add the local authority to the list of those eligible to make community nominations. We are not sure about the local authority being able to make nominations to itself because, effectively, it would have to go through the process and would have to be the promoter, the decision-maker and the final arbiter. We think it is for local community associations to make the bid and not the local authority. The tension we are talking about is better served by the existing provisions in Clause 76(3)(b), which enables regulations to be made that specify that local authorities can list assets on their own initiative, thereby avoiding pointless bureaucracy. So there is a provision there that local authorities can do this but not that they have to go through the nomination process; they can list of their own will. We have already made it clear that we intend to include this in regulations.

Amendment 139A would require a local authority, when considering a community nomination, to assess whether the nominator has the intention and the capacity to be treated as a potential bidder to buy the asset. This would make the consideration of a nomination much more burdensome and bureaucratic—a point which has been heavily laid around us today—for the local authority, requiring it to consider the merits of the nominator in addition to whether or not the asset is of community value. Such a requirement might be more appropriate where a right of first refusal is provided to the nominator subsequently. However, in a situation where the nominator will still need to compete with other potential buyers to take on the asset, such a requirement is, in our view, disproportionate because if they cannot raise the money and they have not got the financial security, they are not going to be able to bid.

With those explanations, I hope the noble Baroness will withdraw the amendment.

[Lord Taylor of Goss Moor]

I declare my interest as both chair of the Rural Coalition and chair of the National Housing Federation. I do not think the latter is particularly relevant, but it might be.

Having listened to the Minister’s response, I have a niggling concern that the Government are creating a vastly overcomplicated system for doing something very simple. Individuals and organisations in a local community ought to be able to nominate and there should be a simple process for then deciding whether it is appropriate. I am not clear why there have to be decisions by any bodies about who those nominators are. If they are local individuals or organisations, surely they should be able to put forward a nomination. If we turn it round the other way, I am not clear about who we are trying to rule out. If they are in, or active in, the community, who are we saying should not be able to put a nomination forward? If there is not an obvious group of individuals who should be excluded—and I cannot think of any—why do we have to have a decision-taking process at the local level on who should or should not be able to make such nominations? Complexity is the last thing we need because it does not empower communities. Arguments about whether or not a nomination has been made by a relevant local individual, group of individuals or organisation misses the point; the arguments should be about whether it is a suitable nomination in the first place.

[Baroness Hanham]

My Lords, the decision by the local authority would probably have to be made on only a very few occasions because it will be blindingly obvious whether or not an organisation is a community association under the terms of the Bill. It is just possible that there might be a body which no one has any idea about; a body which might have been suddenly thrown together and claims that it comes from the local community but does not, will fall outside the parameters of the Bill and it is reasonable that the local authority should be able to say, “I am sorry, you do not fulfil the requirements” and be able to turn it down. It is expected that any body which is understood to be a community body or people of the local community will find themselves nominating quite happily.

[Lord Taylor of Goss Moor]

I still find think this is overcomplex. At the point at which an organisation has nominated something within the community for this purpose, is it really worth having an argument about whether it is a community organisation or a part of the community? Would it not be easier to say whether or not it was a suitable asset? That process would surely trump any issues about who is eligible to nominate it provided that they can show they have a community connection.

[Baroness Hanham]

My Lords, we are not trying to make this overcomplicated. I am trying to simplify the local authority’s role in identifying a community body. One is trying to rule out a very large body which does not have any particular community interest but would like the asset, coming in through the back door and the local authority being unable to stop it. That is how the Bill stands. I hear what the noble Lord says.

--- Later in debate ---

[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.

[Baroness Hanham]

My Lords, I thank the noble Baroness, Lady Hamwee, and the noble Lords, Lord Beecham and Lord Taylor, for their interventions. The noble Lord, Lord Beecham, had three questions. I have the answer to two of the questions but cannot remember the other one. Would he like to ask me again, if he can remember it? If he cannot then that is fine. Perhaps we should both read Hansard. I apologise—I was getting so excited about the orders that I forgot about the next bit.

The noble Lord, Lord Beecham, asked about the 25-year period. The land will qualify only if the lease is granted for 25 years, rather than having 25 years left to run at the time of disposal. If it is granted for less than 25 years and is therefore subject to renewal, I suspect that it will not qualify, because the lease will have to be for 25-plus years.

Localism Bill

Debate between Baroness Hanham and Lord Taylor of Goss Moor

Monday 20th June 2011 Lords Chamber

[Baroness Hanham]

My Lords, I understand that this is a probing amendment and I thank all noble Lords who have taken part in this short debate. The Government are not unsympathetic to the attempt to describe “sustainable development”. In fact, they have already done so on two occasions. They support the Brundtland definition, and their statement on maintaining sustainable development, published in February this year, includes a commitment to embed these principles across government policy. Therefore, it is not only in this Bill that the sustainable development is likely to come about.

We accept that there is a strong relationship between the Government’s approach and the ambitions of this Bill. However, whether we can spell it out in a way that is acceptable on four fronts is probably more difficult. It would put it on to a statutory framework that is a lawyers’ paradise. The expectation and understanding is that local people will be best placed to understand what is right for sustainable development locally, and noble Lords may have become aware of the definitions that have appeared in the consultation on presumption in favour of sustainable development that has just been published.

On the planning system, we believe that there is a presumption in favour of sustainable development at the heart of the new planning system. We will look to local planning authorities to prepare local plans on the basis of objectively assessed development needs and with sufficient flexibility to respond to rapid shifts of economic change. They should approve without delay development proposals that accord with statutory plans—noble Lords opposite mentioned that—and should grant permission where the plan is absent, silent or indeterminate, or where relevant policies are out of date.

That issue is one of planning. Noble Lords also referred to the generality. February’s Statement made clear the Government's view that there are three pillars—the economy, society and the environment—which are interconnected. We recognise that long-term economic growth relies on protecting and enhancing the environmental resources that underpin it, and on paying regard to social needs. Those are the principles of sustainable development that we need to take forward.

I will resist, at least for the moment, having a definition such as that put forward by the noble Lords, Lord Greaves and Lord Tope. If there was ever going to be a definition, we would need to be very clear and sure that it would be legally unchallengeable, because definitions never define the whole process and all the opportunities; sometimes they are restricting rather than helpful. Some of my noble friends behind me may be slightly sad about this. I say to them that in general the Government have some sympathy with sustainable development. As I have indicated, they have already made commitments on the subject. However, I regret to say to the noble Lord, Lord Greaves, that his proposed new clause would not be helpful at this stage.

[Lord Taylor of Goss Moor]

My Lords, I will speak briefly. I welcome two aspects of what the Minister said. The first is her reiteration of the Government’s support for the principles of sustainable development, which is important. The second is the fact—I have listened carefully and will read Hansard later—that she did not rule out setting out these principles in the Bill. We will have to see whether we can convince the Government to do it. Their open-mindedness at this point is very welcome.

I say to those who think that a thousand years of economic development prove that we do not need sustainable development that in that time some civilisations collapsed as a result of the overuse of their resources; I refer to central America, the desertification of the north African coast and, in my own area of Cornwall, the disappearance of the herring trade. Today we see more profound impacts on the environment, such as the destruction of the rainforests, and we should not sit content in this country and assume, just because until now we have survived quite well when others have not, that we have greater wisdom than civilisations that collapsed before us.

Housing

Debate between Baroness Hanham and Lord Taylor of Goss Moor

Thursday 21st October 2010 Lords Chamber

[Baroness Hanham]

My Lords, the process for affordable housing in future will be that most of the money for housing has been passed down to local authorities, so that they will then make the decisions for themselves about how much housing is needed and at what rents. The new homes bonus will mean that where they build houses, they will get more money for that on the basis of the matching of the council tax. There will be plenty of housing built in future—probably more than was built under the previous Government. Even Andy Burnham admitted that they had not done enough.

[Lord Taylor of Goss Moor]

My Lords, I declare my interest, which is registered, as chairman of the National Housing Federation. Will the Minister explain what discussions took place with the Department for Work and Pensions so that any new tenant in the affordable homes proposed by the Government at 80 per cent of market rents can be assured that both now and in future, under the new benefits systems, they will be able to be protected by the assurance of the availability of housing benefit to cover their full rent?

[Baroness Hanham]

My Lords, so far as I am aware, the housing benefit will continue to be paid but there will be a cap on the amount of benefit available for housing. Effectively, that will mean that some people will not be able to afford the rent that they are currently paying. We have drawn attention before in this House to the fact that there are some people in London living in accommodation that could not be afforded even by investment bankers.