(6 years, 6 months ago)
Lords ChamberI appreciate that, and I thank the noble Lord for it. I am not convinced, but I will leave it there. All I will say is that, as I have said many times before, I think that the local government reorganisation in England is confused, and I respectfully suggest that the noble Lord’s explanation highlights that.
Does the noble Lord have any comment on the idea that one way out of this would have been to allow Christchurch to look at going into Hampshire? The Government were less than helpful when Christchurch wanted to do that.
My Lords, the order itself is not controversial, so I do not envisage a long debate on it. However, I have a few brief comments to make. As the noble Baroness, Lady Hanham, has advised the Grand Committee, primary powers were taken in the Planning Act 2008 to enable the Government to make regulations allowing local planning authorities to set a levy for their area to be paid by the owners and developers of land in order to contribute to the provision of the infrastructure needed to support development or planning in their area. The process was being determined, but the general election got in the way. Local authorities will have the ability to outsource all or part of their functions related to the levy, except where they are specifically prevented from contracting out that function.
I am aware that there has been a consultation process and that all the responses support this preferred option. I have one question for the noble Baroness which revolves around the review. I see that the review of the levy itself is scheduled for 2015. Is the noble Baroness satisfied that that will be soon enough, and were local authorities consulted on that particular point?
My Lords, as a former member of the Merits of Statutory Instruments Committee, at times I take a keen interest in secondary legislation. This is in an area that I was involved in when I was on the Front Bench, so I have taken a particular interest in it. It has already been said that the order is not controversial. The main legislation was the Planning Act 2008, followed by the Community Infrastructure Levy Regulations 2010. I wonder whether it was flagged up, particularly in the main legislation, that later on this is how things would happen. One of the reasons the Merits Committee does such a good job is because legislation in recent times has become more and more complicated, and more of the detail comes out in secondary legislation. My noble friend and I have been involved in local government legislation over the years, and we know how difficult this has been. Again, I wonder whether the way in which this was going to be enacted was flagged up in the primary legislation.
I have one another minor question, which might be a little pernickety—I must account for it by saying that I have served on the Merits Committee. I notice that the consultation period was only six weeks. The statutory consultation period is quite often 12 weeks. I have not looked at it closely enough to know whether this was the correct period, and I understand that the Local Government Association and others were consulted, so there are no issues around it. However, I would like to know whether that was the correct period of consultation.