Levelling-up and Regeneration Bill

Baroness Scott of Bybrook Excerpts

Report stage
Wednesday 6th September 2023 Lords Chamber

[The Lord Bishop of Southwark]

My Lords, the noble Baronesses, Lady Hayman and Lady Bennett, and the noble Lord, Lord Stunell, have all spoken eloquently on Amendment 201, which I support. I thank them for tabling it.

The independent Archbishops’ Commission on Housing reported in March 2021, and your Lordships’ House may recall the debate that the most reverend Primate the Archbishop of Canterbury secured on 24 March 2021, on the subject of housing. I simply wish to highlight a few points from that which I believe are relevant to the debate on this amendment.

The first is that the object of central government policy and of legislation should always be the ready provision of good housing—homes in which people want to live, in areas capable of flourishing. Too often, sadly, that is not the case, and we build among the smallest dwellings in Europe. Secondly, we require a bipartisan approach that enables a consistent policy to be followed across decades, and not one that is beholden to the sort of interests that have so limited housebuilding. It is worth remembering, as has already been mentioned today, that the last year in which we achieved house- building at the current target of 300,000 was 1969, over 50 years ago. Thirdly, we require a definition of affordable housing that relates specifically to income. Without this, any policy on affordable housing will fail. I support Amendment 201.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing and Communities (Baroness Scott of Bybrook) (Con)]

My Lords, Amendment 201 in the name of the noble Baroness, Lady Hayman of Ullock, relates to the definition of affordable housing. The amendment proposes a consultation on the definition that currently appears in the National Planning Policy Framework. We have had good debates about these issues, both today and in Committee, and I recognise the strength of feeling around the importance of ensuring that affordable housing meets the needs of those who require it.

I can reaffirm the Government’s commitment to delivering more houses for social rent. We are carefully considering the consultation responses to our proposal to amend national planning policy to make clear that local planning authorities should give greater importance in planning for social rent homes. A large number of the new homes delivered through our £11.5 billion Affordable Homes Programme will be for social rent.

Nevertheless, it is also important that the definition of affordable housing in the NPPF provides local authorities with sufficient flexibility to plan for the type of affordable housing that is needed in their area. The existing definition includes a range of affordable housing products for those whose needs are not met by the market. Those needs will vary depending on people’s circumstances and in different housing markets.

I am also mindful of the point made during our debate in Committee by my noble friend Lord Young of Cookham, about the trade-off between the level of discount that a type of affordable housing provides and the number of such homes that can be delivered.

We all agree that we need to consider this issue further. That is why we have committed to a wider review of the national planning policy once the Bill has received Royal Assent. That will include the production of a suite of national development management policies. This work will need to consider all aspects of national policy—and that includes the way that affordable housing is defined and addressed—and would be subject to consultation. I look forward in that consultation to hearing all the views from the sectors which have been mentioned this afternoon. I think we all agree on this.

What we do not agree on is how we should process this particular issue that we want to deliver. I therefore hope that the noble Baroness, Lady Hayman of Ullock, feels able to withdraw her amendment at this stage.

Amendments 201A and 285A from the noble Lord, Lord Stunell, raise two important matters relating to affordable housing. The first matter is how affordable housing is defined for the purposes of this Bill. The approach has been to link this to the definition of social housing in the Housing and Regeneration Act 2008. This definition encompasses both rented and low-cost home ownership accommodation that is made available in accordance with rules designed to ensure it is made available to people whose needs are not adequately served by the commercial housing market. While I understand the noble Lord’s argument that affordable housing should be defined more tightly, I am eager to avoid depriving local authorities of sufficient flexibility to determine what is most appropriate to meet the needs of their area.

However, the Government are taking action to secure the delivery of more social rented homes, as I have said, for which rents are set using a formula that takes account of relative local incomes. A large number of these new homes, as I have said before, will be delivered through our £11.5 billion Affordable Homes Programme and will be for social rent.

We are also carefully considering the consultation responses to our proposal to amend the national planning policy to make clear that local planning authorities should give greater importance in planning for social rent homes. The noble Lord, Lord Stunell, also raised the disclosure of information relating to the viability of affordable housing in housing developments. Although I recognise that the noble Lord is seeking to improve the transparency of this process, I do not believe that the change he is proposing is necessary. As discussed earlier on Report, the new infrastructure levy will allow local authorities to require developers to pay a portion of their levy liability in kind in the form of on-site affordable housing. This new “right to require” is designed to replace site-specific negotiations of affordable housing contributions.

While viability assessments may be used in setting infrastructure levy rates, any developer that wishes information to be taken into account must submit it to be examined in public. Levy rates and charging schedules will be matters of public record.

[Lord Stunell (LD)]

I hesitate to interrupt the Minister, but can she confirm that the infrastructure levy will not be operational in most of England for another eight or 10 years?

[Baroness Scott of Bybrook (Con)]

As the noble Lord knows, we have already discussed this. We will have a test and learn throughout the country and then a rollout, but with any large change in any planning system, as with the community infrastructure levy, it will take time—up to 10 years, we believe.

Levy rates and charging schedules will be matters of public record, as I said. For these reasons, I hope that the noble Lord will agree not to move his amendments.

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank all noble Lords who have taken part in this debate and the Minister for her response. I welcome the right honourable Michael Gove to the Chamber and thank him for taking the time to listen to our debate. Clearly, he is enthralled by our discussions at the moment, and I am sure that he will take our concerns away for further consideration.

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Moved by

[Baroness Scott of Bybrook]

201B: Schedule 8, page 389, line 39, at end insert—
“(8A) In paragraph 7ZA (inserted by paragraph 156 of Schedule 4), in paragraph (b) of the definition of “constituent planning authority”, for “29” substitute “15J”.(8B) For paragraph 7ZB (inserted by paragraph 156 of Schedule 4) substitute—“7ZB “(1) This paragraph applies if the Secretary of State thinks that a constituent planning authority are failing to do anything it is necessary or expedient for them to do in connection with the preparation, adoption or revision of a local plan.(2) If the local plan has not come into effect, the Secretary of State may invite the combined county authority to take over preparation of the local plan from the constituent planning authority, in which case the combined county authority may do so.(3) If the local plan has come into effect, the Secretary of State may invite the combined county authority to revise the local plan, in which case the combined county authority may do so.”(8C) In paragraph 7ZC (inserted by paragraph 156 of Schedule 4)—(a) in sub-paragraph (1), for “development plan document” substitute “local plan”;(b) after that sub-paragraph insert—“(1A) If the combined county authority are to prepare the local plan, the combined county authority must publish a document setting out—(a) their timetable for preparing the plan, and(b) if they intend to depart from anything specified in a local plan timetable in relation to the plan, details of how they intend to depart from it.”;(c) for sub-paragraph (4) substitute—“(4) The combined county authority may then—(a) where the combined county authority have prepared a local plan, approve the local plan subject to specified modifications or direct the constituent planning authority to consider adopting the local plan by resolution of the authority, or(b) where the combined county authority are to revise a local plan, make the revision or make the revision subject to specified modifications.”(8D) In paragraph 7ZD (inserted by paragraph 156 of Schedule 4)—(a) for sub-paragraph (1) substitute—“(1) Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination held under paragraph 7ZC(2)—(a) reading references to the local planning authority as references to the combined county authority, and(b) in the case of an independent examination of a proposed revision, reading references to a local plan as references to the revision.”;(b) in sub-paragraph (3)(a), omit “or omitted”;(c) in sub-paragraph (4)—(i) for “joint local development document or a joint development plan document” substitute “joint local plan”;(ii) for “the document” substitute “the plan”.” Member’s explanatory statement
This amendment to Schedule 8 to the Bill makes amendments to Schedule A1 to the Planning and Compulsory Purchase Act 2004 in connection with provision for development plans under Part 3 of the Bill. The amendments amend and supplement consequential amendments to Schedule A1 to the 2004 Act made by Schedule 4 to the Bill relating to the creation of combined county authorities.

Creative Sector

Baroness Scott of Bybrook Excerpts

Thursday 4th November 2021 Lords Chamber

[Baroness Harris of Richmond (LD) [V]]

My Lords, I too thank my noble friend for introducing this important debate so brilliantly and comprehensively. I congratulate the noble Lord, Lord Spencer, on his fascinating maiden speech and welcome him to this House, even virtually.

I want to tell noble Lords about the impact that the pandemic and government policies have had on the creative industries in a small rural town. Like many small communities up and down the country, you will find a wealth of remarkable cultural and creative activities in my beautiful market town of Richmond at the top of the Yorkshire Dales. We have dozens of groups that our citizens can join, from choirs and orchestras to writers’ groups, painters, potters, sewers and dancers—all tastes are catered for. It is remarkable to me that a town of only 8,500 should have so many creative people wanting to express themselves in so many diverse ways.

In particular we have our internationally famous Georgian Theatre Royal, a grade 1 listed building built in 1788, the oldest working theatre in its original form in the UK. Knowing that we had this debate today, I wanted to know how the theatre had fared during this terrible time and, interestingly, it has fared pretty well. Having been given a hugely generous donation from a marvellous benefactor, it was beautifully restored during lockdown, which enabled it then to open once restrictions on theatres had been lifted. During lockdown, though, it was helped by the Culture Recovery Fund, for which we were enormously grateful. That paid around £78,000 for items such as maintenance, insurance and utilities. Then of course there was the job retention scheme, which paid the salaries of the small number of people employed at the theatre, which, by the way, has only 155 seats. In a way, if there were to be a good time for the theatre to be closed, one could say that this was it. However, without the help from the recovery fund and the furlough scheme, it might well have been a very different story.

However, it is not all roses. Most venues, all over the country, may have survived, but actually putting on a production is much more problematic. Because they received little help with their finances, many smaller venues have had to close permanently. Certainly, small production companies like the ones used by our theatre in Richmond have found it extremely difficult to get started again because of the uncertainty of getting money in. Shows take time to be stage-ready, and artists simply have not had the help that others have had, leading to a real shortage of shows to put on in our theatre. Indeed, the chief executive tells me that it has been almost impossible to produce a good programme because of the inability to get people together to rehearse. This is the fault, without doubt, of the Government’s leaving this sector without any help whatsoever during the pandemic.

Small theatres need to be paid up front now because insurance is problematic and going up, as we have heard. There is understandable nervousness about getting people back into theatres. Will they make enough profit to stay open? Even an historically significant theatre like ours has these deep concerns, so what assurance can the Minister give to them? For instance, will the Government ensure that the theatre and orchestra tax relief scheme will continue to support the many small theatres and orchestras into the future, because it will be a long time before they can make any profit?

It seems to me that this is all about confidence: confidence in our Government to do the right thing and begin to support our cultural heritage. This sector was so cruelly treated during the pandemic by not supporting artists and performers—the very people we need to help our creative industries grow. We also need to find the confidence to return to pre-pandemic levels of support for those individual performers and groups, who bring such richness to our daily lives.

That means allowing overseas artists to perform here as well. At the moment, we have made it extremely difficult for them to do so, as we have heard, and our home-grown performers are finding it almost impossible to get bookings in Europe because of the ridiculous paperwork they now need to complete. What was once easy has been made ludicrously difficult because of our stance on Brexit. So, finally, will the Government begin to see how important it is for us to share our culture with the world and recognise that only by unfettered reciprocal arrangements between countries can we begin to rebuild our creative industries?

[Baroness Scott of Bybrook (Con)]

My Lords, I remind noble Lords that there is a six-minute limit on speeches from Back-Benchers, and it will take time from the response from the Minister if we keep going over.

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[The Earl of Dundee (Con)]

My Lords, I am grateful to the noble Baroness, Lady Featherstone, for introducing this debate. I congratulate my noble friend Lord Spencer on his excellent maiden speech.

On the creative industries, I shall briefly connect a few points: their future prospects; the part played by digital technology; their ability to enhance learning and education; and their application at any and every level, whether local, national or international. In view of Covid, however, and as many of your Lordships have done, today we should start by assessing various damage-limitation expedients.

The DCMS Committee of another place has alleged that help arrived too late, precipitating mass redundancies and threatening permanent closure of our cultural infrastructure, while the Public Accounts Committee of another place has claimed that in spite of attempts at compensatory funding many participants are still in great difficulties.

Nevertheless, the Government should be commended for their July 2020 cultural recovery disbursement of £1.57 billion, awarded to more than 5,000 organisations, as since then they also can be for instigating a variety of other useful interventions, including those of last week’s Budget, enabling tax relief for theatre, orchestra, museum and gallery businesses, to which the noble Baroness, Lady Featherstone, referred.

For 2022 and 2023, what forecasts does my noble friend the Minister make both for the recovery of creative industry jobs, which pre Covid in 2019 had reached 2.1 million, as well as for the sector’s contribution to the United Kingdom economy, which only three years ago rose to 5.9%, at £115.9 billion?

We may take heart that, between 2011 and 2019, the gross value added measure for the creative industries grew four times faster than the rate for the rest of the UK economy. The sector exported £36 billion in services worldwide and accounted for almost 12% of the UK’s services exports. We can also take comfort from the all-win, solid partnership, which is fortunately there to stay, between digital technology and the creative industries, permeating all sectors and now evident within each, from film, TV, music, fashion and design to arts, architecture, publishing, advertising, video games, crafts and so on.

Be that as it may, along with artificial intelligence, digital technology is quite easily misinterpreted, and even incorrectly misunderstood to undermine or replace human minds. Yet as we well know, the opposite is the case, for digital technology does not take over intellectually but instead, and provided in partnership with human thinking and creativity, which come first, is able to innovate or cause many more permutations and constructive results which otherwise, without it, would not have occurred at all.

Another misplaced fear and inaccuracy is that machines and robots, as they proliferate, will disadvantage people. However, research from the United States and Europe indicates that the more creative a job, the less likely it is to be replaced by a machine. That suggests that, to the extent that robots may perhaps do the jobs of men in manufacturing, agriculture and some services, the creative industries then become all the more necessary for generating employment and enabling stable communities. This leads to the aim, shared by all, to attain a much more consistent national spread of creative industries, thereby narrowing the gap between the south-east of England and the rest of the United Kingdom.

Before Covid, while resolving to redress this imbalance, the Government also indicated a 50% increase in reported creative industry exports by 2023, sustained annual growth of 3.9% reflecting £130 billion by 2025, and a million more people employed by 2030. How far would my noble friend now see fit to revise those figures? What plans are there for 2022 and 2023 for the further development of creative clusters within the UK’s cities and regions? In the next couple of years, what targets are there for new partnerships between universities and businesses to strengthen R&D and improve understanding of the sector?

Ironically, during the pandemic the quality of online learning has become even better while its cost has reduced. The British Council is a case in point. Before the pandemic, its traditional business model had relied on the receipt of income from face-to-face English teaching along with some financial support from the FCO. Now its business model has changed, substituting direct teaching with that online, certainly in order to make ends meet and pay back, as required, its current FCO loan of £60 million, yet at the same time without any loss of quality in its language teaching.

The Government’s pre-Covid industrial strategy paper calls for the better teaching of maths, sciences and technical knowledge. All such programmes would be best delivered online. There is as well a strong case to include the humanities within a comprehensive range of subjects. Video games systems, such as those designed in Dundee, already cover a number of subjects with excellent results, particularly when, through use of the Socratic dialogue, learners are also challenged to ask questions and drawn out to give their own opinions on aspects of what they are learning.

Where it already exists, there is no need to replace good teaching at schools and universities. Locally and nationally, the online learning delivery purpose instead is to supplement teaching, as relevant, although occasionally to provide courses in the first place if these should be lacking, such as those covering neglected subjects already referred to by the noble Lords, Lord Berkeley of Knighton and Lord Foster of Bath, and my noble friend Lord Vaizey of Didcot.

Internationally, however, the purpose is different. Within a full range, this is to offer to countless numbers of people abroad whichever subject or subjects they need and want to learn but have not been able so to do owing to an insufficient availability of teaching in their own countries.

My noble friend the Minister will recall that at the recent G7 in June of this year, the United Kingdom, in chairing that summit, has already agreed to assist education internationally. A key issue is that online learning courses should lead to proper qualifications. Just now, as a Council of Europe parliamentarian and through its committee structure, I am writing a report on that. In connection with their G7 commitment, what steps are the Government taking to ensure that any online learning delivered internationally—

[Baroness Scott of Bybrook (Con)]

I am sorry, will my noble friend wind up?

[The Earl of Dundee (Con)]

I will just finish.

In summary, the creative industries have a very good prospect. To counteract the current negative economic effects of Covid, ongoing protection is necessary. The Government must also continue to do all they can to spread out from the south-east. A central challenge is to improve and increase education. Through increased online delivery, the UK must now improve education for learners both here and abroad.