Housing and Planning Bill

Debate between Baroness Jones of Whitchurch and Lord Porter of Spalding

Wednesday 23rd March 2016 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am pleased to endorse the comments made by noble Lords from around the Committee on these amendments. The recent floods brought into sharp focus that the damaging effects of climate change are not being matched by our skills in managing increased water flows. Both the Government, through their establishment of the national flood resilience review, and the Environment Agency are being forced to reconsider their flood management strategies.

In the mean time, there are steps that we can take that will make a difference, and we have heard examples this evening. It is now commonly accepted that the removal of trees and hedges has reduced the absorbency of our land. In urban areas, the paving over of gardens and green spaces has left nowhere for excess water to drain. The building of new dwellings connected to the existing sewerage system takes no account of the need for increased capacity. At the same time, it remains literally incredible that housing developers apply to build new homes in areas designated as a flood risk by the Environment Agency, and even more incredible that some local authorities continue to grant planning permission in these circumstances.

So we very much support the concept of sustainable housing development, and these amendments are important in bringing some sanity back into the planning process in this regard. Sustainable drainage systems need to be a core feature of future planning, using green space and natural water features that can mimic the known advantages of natural land drainage and help return water flows to a natural equilibrium.

Whether these principles should be applied cannot be left to local interpretation. Sadly, what we have learned over the past few winters is that inaction in one place can often have a catastrophic effect further downstream, so localised decision-making is not the answer. The rules have to be applied consistently, and this, of course, is what Schedule 3 to the Flood and Water Management Act attempted to achieve. It remains inexplicable that the schedule was not enforced in the first place; I hope that the Minister will be able to explain the reasoning behind that. Now is the time to put that matter right.

Amendment 120 is an excellent attempt, once again, to try to rein in the perverse activity of developers building homes on designated flood areas. When this happens and properties subsequently flood, we are all drawn into the net of supporting those communities and helping them turn their lives around, whereas the developers can simply walk away, having pocketed their profit. They do not even have a responsibility to warn potential purchasers of the risk inherent in the purchase of those properties.

This amendment, therefore, puts the responsibility and the financial risk firmly back in the hands of the developers, which is where it belongs. It will hopefully be a tool to encourage more responsible and appropriate housing development in the future. A number of comments have been made this evening on the technicalities of that amendment, and I know that some more work will need to be done on it, but we very much support the thinking behind it.

[Lord Porter of Spalding]

My Lords, I do not know how to add this new interest into the debate, but at some point, I will have another company set up that will put me back into doing small-scale development with my son-in-law. The accountants are working on it now, and I am going to put this in the register as soon as it is done, but noble Lords need to know it now, because I am going to speak specifically from a developer’s point of view—even though, technically, I am not yet a developer. I am also going to speak as the leader of South Holland District Council, which covers an area that, if we were not allowed to build on flood plains, would become a ghost town, because we are on a flood plain. We would build nothing anywhere in my patch if we followed the idea that, notionally, the designation of a flood plain by the Environment Agency was true and accurate.

We have not flooded since 1947; adequate flood management schemes can deal with it. Amendment 120 would create companies set up to build one development that would then go bankrupt—and, as the noble Lord, Lord Campbell-Savours, said, on that basis we would have to insure against that, so that would add more expense in some areas disproportionately to others.

If I remember rightly, where we are sitting now is also on a flood plain, so all of the people around this area would also be moved out of town if we applied that. We cannot be frightened by water; we have to manage it properly. We cannot retreat from it. We are people and we can deal with it, and we cannot deal with it just by saying, “You can’t build anything anywhere”, which Amendment 120 would have us do; or create perverse incentives to get people to set up businesses that are going to go out of business every time they earn some money.