Business and Planning Bill

Baroness Jones of Moulsecoomb Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, the noble Lord, Lord Hunt, has covered the issue in an extremely lyrical way, so I will keep my remarks short. We all know how hard the arts scene and theatres have been hit by this health crisis. Amendment 51 is a thoughtful contribution to easing some of that burden and allowing the arts to make their own socially distanced recovery. Imagine a summer of outdoor performances and displays—hoping the weather is good—reconnecting communities safely. Physical distancing does not mean we have to be socially and emotionally distant. It would be wonderful if the Government could facilitate this amendment; they would be rightly celebrated for doing so. I am sure that the Minister is a keen supporter of the arts and so will look favourably on this amendment.

[Baroness Anelay of St Johns (Con)]

My Lords, I am grateful to my noble friend Lord Hunt for introducing his amendment so skilfully and lyrically, as was just said by the noble Baroness, Lady Jones. I welcome the measures that the Government have taken to enable open-air theatres to resume their operations. Mind you, unlike the noble Baroness, Lady Jones, I would not say this would be in good weather only. Perhaps, like me, she would enjoy the Minack Theatre in Cornwall, which goes on regardless of the interesting weather around it—and the audiences love it the same.

When my right honourable friend Oliver Dowden, the Secretary of State for Digital, Culture, Media and Sport, announced last Thursday that live performances could go ahead outside—“plays and music”, he said—he referred to the Minack Theatre. That press release refers to guidance, and the Minister will know that I am keen to ensure that guidance is as clear and timely as possible. It was timely, because the Minack Theatre immediately put its new programme up on its website. That is entirely within the guidance that has been published so far, which means advance purchase online and social distancing. Their productions include “Great Expectations”. My right honourable friend Oliver Dowden referred to plays, but “Great Expectations” will be interesting because it is presented by just one performer. That will be testing.

My request to the Minister is to ensure that the Government continue to talk closely to organisations presenting outside events because, by their very nature, they have had to scramble and work hard to make these performances available to the public. They are professional people, who want to do the best they can for their arts and their communities.

--- Later in debate ---

[Lord Balfe (Con) [V]]

My Lords, I want to mention one particular amendment—Amendment 61, in the name of the noble Lord, Lord Hain—and then make some general comments. The planning pipeline problem has been with us for as long as I have been in politics. When I saw this amendment, I reflected that as long ago as 1975, I was invited by the then Environment Secretary, Mr Tony Crosland, to join a working party he had set up to deal with the planning pipeline. Unless we pass something like Amendment 61, we are never going to get on top of it because getting planning consent is not regarded by many developers as anything to do with getting the buildings up; it is to do with getting yourself a nice comfortable pipeline so that you can choose from a number of planning consents as to the way you can make the most money or the way in which you can manage to get your planning consent redesigned so that, as my noble friend Lord Blencathra said, 20 houses becomes 40 houses. I do not expect that the Minister will accept Amendment 61, but I hope that he will accept that it is vital to get to grips with the planning pipeline. That will involve a method of revoking consents, which is absolutely essential in getting these houses built that this country needs so badly.

I said that I would also make a general point. Nearly all the amendments in this group are about maintaining standards. It is very important that we do not get carried away with Bills like this to a point where we are getting rid of the standards that we have looked for and developed over so many years. Most of the standards, whether they be on animal protection, noise or the timing of developments, have been hard won and hard fought for. I hope that, in our general philosophical approach to this matter, we do not let standards be weakened out of panic. Of course we want to get the economy going again, but we do not want to do that by sacrificing all the gains we made in the past. Overall, without speaking specifically about any other amendments, I hope that the general thrust, which is the protection of rights already won, will be at the heart of the Government’s response to this set of amendments.

[Baroness Jones of Moulsecoomb [V]]

My Lords, having listened to the speeches of other noble Lords, I am beginning to wish that I had signed more amendments in this group. The noble Lord, Lord Hain, for example, on land banking, and the noble Lord, Lord Randall, both made excellent points, and I wish I had been involved in that.

I want to speak about construction permits, because the conditions that are placed on them at the moment are subject to a lengthy and intensive consultation and decision-making process. The conditions try to strike a balance between the competing interests of developing land and protecting the community and the wildlife around the development. I am deeply concerned that Clause 16 will throw much of that balance out of the window in favour of long construction days with little regard for the impact on the community—their rest, their sleep and their mental welfare—and on wildlife. Construction hours can already be long and noisy, routinely running from 8 am to 6 pm, especially at a time when large numbers of people are staying at home and, in the summer months, may have windows open or be outside. Therefore, extending construction hours will create an unacceptable noise burden for too many people.

I am also concerned about the impact that extended construction hours will have on the construction workers, many of whom are self-employed. What will the Government do to ensure that extended hours do not create unsafe working conditions or lead to other detriment for those workers? There might be limited situations in which extending construction hours is warranted, but generally Clause 16 is far too broad and will cause far too much disruption for local residents near noisy building sites.

[The Deputy Chairman of Committees]

The noble Lord, Lord Sheikh, has withdrawn from the list of speakers, so I call the noble Baroness, Lady Pinnock.

Business and Planning Bill

Baroness Jones of Moulsecoomb Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 13th July 2020 Lords Chamber

[Baroness McIntosh of Pickering [V]]

My Lords, I congratulate the noble Lords, Lord Holmes, Lord Blencathra and Lord Cormack, on their amendments. This is a difficult area. On the one hand, we want to proceed quickly as these are temporary measures and we want to make good and recoup some of the losses that the hospitality industry has suffered. On the other, we want to allow access for those who are visually or otherwise impaired, or who are wheelchair users. When he sums up on this group of amendments, will my noble friend clarify how the Government imagine that the guidelines will be fit for purpose in this regard? Although I can see that there is an argument for consultation, does my noble friend not agree that that could potentially delay the coming into force of these arrangements?

I bow to the good will and common sense of the restauranteurs and bar owners who will seek to use a pavement area only if it is physically safe for the category that falls within the remit of these amendments. It is up to them, working with the environmental health officers and the police, to make sure that these provisions are enforceable.

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, it is always a pleasure to follow my colleague the noble Baroness, Lady McIntosh of Pickering. I declare my interest as a vice-president of the LGA. This is an interesting section of amendments, because this is something we should be doing all the time. We should not have to insert it into legislation: it should be automatic. We have not only a considerable number of disabled people in our society but an ageing population. Speaking as someone who is ageing, I would like to think that such care and planning always happens, particularly with legislation of this kind. Even when it is temporary, it still matters.

It is obvious to us all that coronavirus has put life on hold. It has also given us a chance to change established ways of working. I note that many noble Lords have been talking about getting back to normal, but I argue that normal is not a particularly good place to return to. We should be thinking about how to make things better and not just repeating mistakes made in the past couple of hundred years. Increasingly, of course, given the changes in our population, we need to ensure that we are not imposing disabilities on people who are very active but have sight or movement problems.

The Bill should require that a minimum safe pavement area be left accessible—that is obvious—so that street furniture does not force pedestrians to walk in the road. That safe pavement space could vary depending on how busy the route is. Some high streets, for example, may have no safe encroachment area, which will cause large numbers of people to get too close together, but others might only require a metre or the 500 cm that the noble Lord, Lord Blencathra, spoke about—his was a pretty good speech. In any event, the Bill is currently deficient as it does nothing to address that issue, and the likely problems are obvious. Some councils have taken the opportunity during the coronavirus pandemic to close some streets to traffic and open them to pedestrians. That is obviously a wonderful way forward.

Consultation definitely needs to be improved for the emergency licensing regime. The measures proposed by the noble Lord, Lord Holmes, would maintain rapid licensing while helping to ensure that those who may be impacted can have their say and adapt the licensing accordingly. A system of appeal or reconsideration should be included in the Bill. It is natural that some mistakes will be made with such a rapid decision-making process, so it would be a good idea to include a provision that would remove these measures quickly as well. Judicial review should not be the only option to put things right. It is very cumbersome and slow.

Tucked into this group is Amendment 4 in the name of the noble Lord, Lord Lucas, which would allow licences for pavement spaces outside empty premises. That would be a worthy improvement to the Bill, making better use of empty premises and their adjacent pavements. It is a simple amendment and I hope that the Minister can accept it.

Covid-19: Local Government Finance

Baroness Jones of Moulsecoomb Excerpts

Monday 29th June 2020 Lords Chamber

[Lord Greenhalgh]

My Lords, there is no doubt that there is pressure on the funding of our cultural institutions, but we must recognise that there has already been a commitment of £27 billion to local areas to support councils and their communities, including the £3.2 billion to deal with demand pressures. I recognise the important role played by cultural institutions in supporting many in our communities.

[Baroness Jones of Moulsecoomb (GP) [V]]

One option for the Government to see their way clearly through this financial crisis would be to undertake an equality impact assessment of taking no action—that is, assessed the risk of a sudden halt in services to vulnerable groups. That would make it quite clear that it is more expensive to do nothing.

[Lord Greenhalgh]

My Lords, I have made clear that this is far from a do-nothing Government. In just two months we have already provided £3.2 billion—an extraordinary sum—to deal with the demand pressures of Covid-19. I have also made quite clear that an announcement will be forthcoming in a few days to provide the support that councils need for the rest of the financial year.

Covid-19: Planning System

Baroness Jones of Moulsecoomb Excerpts

Monday 8th June 2020 Lords Chamber

[Lord Greenhalgh]

Certainly there is no diminution in the standards required for accessibility in these temporary and pragmatic changes as a result of the Covid-19 pandemic.

[Baroness Jones of Moulsecoomb (GP) [V]]

I declare an interest as a vice-president of the Local Government Association. Some very big planning decisions being taken at the moment are going to impact on the UK for well over 100 years: for example, Sizewell C. The planning application has been extended for two months so that more people can make their views heard. But, quite honestly, would it not be more sensible to defer these very big applications until after the lockdown, so that local people can engage properly?

[Lord Greenhalgh]

I note the point about the potential deferral of sizeable planning applications, but at the moment we have introduced measures that are pragmatic and temporary to enable a proper continuation of the planning system, even for major decisions.

Housing for the Homeless

Baroness Jones of Moulsecoomb Excerpts

Thursday 14th May 2020 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

I welcome the Minister, the noble Lord, Lord Greenhalgh, to his first debate; I am sure that we will have some superb answers from him. I also congratulate the noble Lord, Lord Bird, on securing this debate and for all the work he has done. I have been concerned about homelessness for a long time and I have two practical suggestions from Liberty about the regulations which, at the moment, penalise the homeless beyond all sense.

First, homelessness must be defined—and defined broadly. If you do not have a clear and encompassing definition, authorities will probably rely on an inconsistent or narrow interpretation of what homelessness is, which risks criminalising the homeless.

Secondly, homeless people must be excluded from the prohibition on gatherings. There is a possibility that homeless people will be moved along, fined or criminalised in circumstances where they cannot be expected to keep apart from groups.

Housing and Construction Sector

Baroness Jones of Moulsecoomb Excerpts

Thursday 14th May 2020 Lords Chamber

[Lord Greenhalgh]

I thank the noble Lord for his Question. It is absolutely critical that construction work happens in a safe environment. The announcement yesterday of extending construction hours was precisely to do that—to enable travelling to work at times when public transport would not be busy. Also, there are very clear guidelines on how to carry out construction. Those are jointly agreed by the Home Builders Federation and the Government, and they include the appropriate use of personal protective equipment.

[Baroness Jones of Moulsecoomb (GP)]

The figures from the Office for National Statistics show that construction workers have a higher fatality rate even than health professionals. There is clearly not enough personal protective equipment on sites, nor enough understanding of physical distancing. Does the Minister not agree that this move by the Government is reckless, in sacrificing construction workers and their families to this awful disease?

[Lord Greenhalgh]

The noble Baroness points out that low-skilled workers in construction have a slightly higher death rate per 100,000, at 25.9 deaths per 100,000. However, we are not sure whether it is their occupation that is the causation. We obviously have an association, and I think we need to be careful and review the situation on an ongoing basis. That is why we have very clear guidelines that need to be followed to ensure that construction can happen safely.