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Lords ChamberThat the draft Regulations laid before the House on 13 February be approved. Considered in Grand Committee on 25 March.
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Grand CommitteeThat the Grand Committee do consider the Town and Country Planning (Fees and Consequential Amendments) Regulations 2025.
My Lords, these draft regulations were laid before the House on 13 February. They make consequential amendments to the Town and Country Planning Act 1990 and other primary legislation, as well as to the planning application fee regulations. These amendments reflect the two new routes for planning permission for Crown development that were introduced through the Levelling-up and Regeneration Act 2023. This legislation forms part of a wider suite of statutory instruments needed to implement these new routes. These routes are crucial to ensure that there is a more timely and proportionate planning process for nationally important public services and infrastructure.
I will start by providing some context and background to these regulations. Recent experience, including the response to Covid-19, has exposed that the existing route for securing planning permission for urgent Crown development, which was introduced in 2006, is not fit for purpose—so much so that it has never been used. Furthermore, government departments have struggled to secure local planning permission for nationally important public service infrastructure, such as prisons. The Levelling-up and Regeneration Act made provision to address these challenges by providing two new routes for planning permission for Crown development in England.
The first route, referred to as Crown development, is for planning applications for Crown developments that are considered of national importance. These applications are to be submitted to the Planning Inspectorate directly instead of to local planning authorities. A planning inspector will consider and determine the application, unless the Secretary of State for Housing, Communities and Local Government recovers the application to determine herself.
The second route is an updated urgent Crown development route. This will enable applications for nationally important developments that are needed urgently to be determined rapidly under a simplified procedure. Applications under the urgent route will be submitted to the Secretary of State for Housing, Communities and Local Government.
These new routes can be used for developments only where it is clearly justified. Provisions in the Levelling-up and Regeneration Act require that applications can be accepted by the Secretary of State only if she deems that the proposed development is of national importance and that it is urgent, in the case of the urgent Crown development route. I made a Written Ministerial Statement on 13 February which set out the principles under which national importance and urgency will be determined. Applicants are required when submitting an application to set out the reasons why they consider that the development is of national importance and, in the case of urgent Crown development, is needed as a matter of urgency.
I turn to the detail of the regulations. This is the first of a suite of statutory instruments needed to implement the Crown reforms. It makes amendments to primary legislation to reflect the two new Crown development routes. For instance, it amends references to planning permission set out in a range of different pieces of legislation. It also removes references to the previous urgent Crown development route in Section 293A of the Town and Country Planning Act, which now applies only in Wales. This instrument also sets the fee for an application for planning permission under both routes. This is the same as the fee that would have been paid to the local authority if the application had been submitted to it.
Following this statutory instrument coming into force, a further suite of statutory instruments will be made through the negative parliamentary procedure. These instruments will set the procedures for the two routes and make further consequential changes to secondary legislation in order to reflect the implementation of these routes. We have published these instruments in draft ahead of this debate to provide proper transparency on how the routes will operate.
My Lords, this has been a helpful debate. As ever, our great experts on planning in the House contributed to a good discussion. I will, of course, attempt to answer all the questions. I am sure that noble Lords will pull me up if I do not if I do not answer them. I will, of course, check in Hansard afterwards and reply in writing on anything to which I have not responded to fully.
The noble Lords, Lord Young and Lord Shipley, asked who is able to apply for planning permission through these routes. Section 293 of the Town and Country Planning Act defines who is an applicant known as an appropriate authority for the purpose of applications under these routes. For example, this includes where land belongs to a government department or is held in trust for His Majesty for the purposes of a government department. That department is considered to be an appropriate authority. For land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the duchy is the appropriate authority and for land belonging to the Duchy of Cornwall, a person that the Duke of Cornwall appoints is the appropriate authority. So land that goes into any of those routes will be appropriate for this route.
The uses for Crown development and confirmation of which developments Crown development can be used for was the subject of the question asked by the noble Lord, Lord Young. I am sure that he will ask again if I have got that wrong. It will be for the Secretary of State to assess on a case-by-case basis what is deemed nationally important, and it would not be appropriate to comment now on specific schemes. However, it is likely that the Crown development route will be used most for HMG programmes relating to nationally important public service development. For example, this would include, but not be limited to, new prisons or border infrastructure. Traditionally, those things are difficult in the planning process. The route could also be used for defence-related development, as PINS is able to put in place special procedures to handle information dealing with matters of national security. Special provisions exist whereby the Secretary of State can issue a direction limiting the disclosure of information relating to matters of the security of a premises through Section 321 of the Town and Country Planning Act 1990. The Crown development route can also be used for particularly sensitive or significant development being brought forward by, or on behalf of, the Crown. We expect few applications to be submitted through this route every year. It is not going to be used all the time; it would be an exception.
In terms of urgent Crown development, again, it will be for the Secretary of State to assess on a case-by-case basis what is deemed nationally important and needed urgently. When I looked at the papers for this SI, the first thing that came to my mind was the time when, during Covid, we were getting desperately short of mortuary space. This is a bit of a morbid subject but, in the middle of a pandemic, it is vital that you think about that and you may want to have an urgent process to deal with that sort of thing.
It would not be appropriate for me to comment on specific schemes, but the urgent Crown development route is expected to be used very rarely, where other planning application routes just cannot be used to secure a decision quickly enough. The pandemic might have been one of those instances. It will be used only where development needs to be put in place quickly, in a matter of days or weeks, and where it is in the national interest—for things such as medical centres, the storage and distribution of key goods and services in the event of a pandemic or, potentially, mortuary space.
The noble Lord, Lord Shipley, asked who makes the decisions—he was correct in his assumption on that; I hope that that is helpful—and whether the public will be able to object. I will come to those issues in a moment.
The noble Lord asked about how national importance is defined. The Government are committed to a planning system in which decisions are made locally. However, it is a well-established principle that, in limited circumstances, it is necessary for the Secretary of State to make planning decisions where issues of more than local importance are involved. In general, the Secretary of State will consider a development to be of regional or national importance only if it would: involve the interests of national security or foreign Governments; contribute to the provision of national public services or infrastructure, such as prisons or border infrastructure; support a response to international, national or regional civil emergencies; or otherwise have significant economic, social or environmental effects and strong public interest. The applicant will have to set out, as part of a statement accompanying the application, evidence demonstrating that at least one of those principles has been met.
The noble Lord, Lord Shipley, asked how “urgency” is defined. The applicant will be required to provide a statement to accompany the application setting out why they consider that the development is both nationally important and needed as a matter of urgency. The Secretary of State will accept applications through the urgent development route only where the applicant can demonstrate that the proposed development is both of national importance and needed urgently. The applicant will need to demonstrate that the proposed development needs to be made operational in an accelerated timeframe and that it is unlikely to be feasible using other application routes, including the Crown development route, and will need to evidence the likely consequences of not securing a decision within the accelerated timeframe. I hope that that is helpful.
The noble Baroness, Lady Thornhill, asked me about mayoral powers and strategic planning. I share her pain, as any local councillor will, over the planning process. I will never get back the hours that I have spent in discussion about great crested newts and rare species of bats and insects, so I feel her pain on that. However, these reforms are for national and very urgent issues only.
On mayoral or strategic powers, the Crown reforms will affect the ability of combined or mayoral authorities to call in applications of potential strategic importance. The relevant combined authority will instead be consulted for development coming forward through the Crown development route, so it will be done at that strategic level.
In response to all noble Lords’ questions about how further information on this will be provided, we will publish updated planning practice guidance to reflect the new routes coming into force. We intend to publish the amended guidance closer to the implementation of the routes.
The noble Baroness, Lady Thornhill, asked about transparency. As I said, applicants need to demonstrate that the application is of national and urgent importance, and the Secretary of State can accept that application only if she considers that that is the case.
When a decision is made to accept an application, as I set out in my opening speech, a letter will be written to the MP whose constituency the development falls in and will be deposited in the Libraries of both Houses. Application documents will be available and applications to both routes will be determined on planning merits, with the reasons behind whether to grant or refuse set out in the inspector’s report or the Secretary of State’s decision letter. I hope that that is helpful.
In my opening speech, I set out in some detail how community engagement will work; the noble Lords, Lord Shipley and Lord Jamieson, raised it again. Of course, community engagement is very important. Any comments made during the consultation and publicity period that raise material planning matters will be taken into account as part of the decision-making process. The local planning authority will also have a role to play. It will need to place the application and documents on its planning register and, as PINS does not have a local presence, the local planning authority will be required to affix site notices during the mandatory publicity period and notify owners or occupiers who adjoin the site. So, for that purpose, it will work just the same as the local planning process.
Regarding urgent Crown development community engagement, as I said, we would encourage consultation with local communities, where possible. If it is possible to do meaningful engagement in a timeframe, we would encourage that. Where it is not possible, the Secretary of State should use alternative methods to make sure that community views can be taken into account.
The noble Lord, Lord Jamieson, talked about fixing the planning system; we hope we will be able to do that. Working very quickly, we have already managed a major consultation on the NPPF and published a revised version in December. Yesterday, the other House had a long debate on the Planning and Infrastructure Bill, which will come to this House shortly. My belief is that there will always be a need for an urgency procedure for decision-making in councils. There will always be a need for some kind of urgent process and for the Secretary of State to be able to make a decision on national grounds. I hope that that has answered all noble Lords’ questions.
The Minister has been enormously helpful in answering the questions, but she did not touch on the question of whether a decision to use this route would be justiciable. She may not be able to answer that, but I assume that it would be.
The Minister mentioned the case of Covid and the mortuaries. As I understand it, this system can be used only where the Crown owns the land, so if it does not own the land, it will have to buy it before it can use this SI. If something is urgent but the Crown does not own the land on which the building is needed, I wonder whether the CPO will hold things up, or whether that can be part of a streamlined process.
I was assuming that it would be an application made on land already owned, but I will write to the noble Lord and set that out in further detail.
On his other point, my understanding is that all things are, technically, judicially reviewable, but I will find out the detail of that and set it out. Obviously, if we are going to put an urgent and national process in place, we want it to be able to speed through as quickly as possible, but, in the planning world, it would be most unusual for there to be no process of review should that be needed. I will get our planning team to check that for the noble Lord, and I will write to him with the exact details.
I have a question; it is not dissimilar to the one from my noble friend Lord Young. As I understand it, from what the Minister has laid out, it will in essence be up to the Minister or Secretary of State to determine whether this is urgent, nationally significant and so on. My real question is: what constraints will there be on him or her in determining that? Where is the opportunity to challenge, review or assess? I know that the Minister is going to come back on the issue of judicial review. Clearly, we do not want to have an urgent process be bogged down by it for two or three years; however, we would want some constraint on it. So what process is in place to ensure that the Minister is not in a position to determine all of this by himself or herself?
I am grateful to the noble Lord for reiterating those points. I set out that there is a set of criteria deeming whether an application is of national importance. The applicant will need to say which of those criteria they are using to say that it is of national importance. The same applies to the urgent procedure: the applicant will need to demonstrate one of those criteria for it being urgent, and the Secretary of State will decide whether or not that is the case. Out of the criteria I set out, the applicant will need to demonstrate that at least one applies. That is how it is going to work. I will have to come back to noble Lords on whether it will be reviewable.
In conclusion, the two new routes for planning permission that we are seeking to implement are necessary and timely; all noble Lords agree with that, I think. These regulations represent a crucial step to their delivery. I hope that the Committee will welcome the regulations, which address this critical requirement for a proportionate planning procedure for nationally important Crown developments.
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Lords ChamberMy Lords, I declare my interest as a councillor in Central Bedfordshire who is not participating in this process. I speak in support of the regret Motion tabled by my noble friend Lady Scott of Bybrook. As chairman of the Local Government Association, I campaigned vigorously for greater devolution, and I am still very supportive of devolution. I also led a unitary council for 10 years and can testify to the benefits of unitary councils. However, if we are genuinely to have devolution and well-run services, it needs to be locally led, with real powers and local accountability. We cannot treat local government as little more than a delivery arm of central government, tied up in regulation, with budget controls and with central targets and funding pots.
When this country saw the biggest improvement in health, education, social support, infrastructure and so forth, it was all locally led. If you go back to the turn of the 20th century, local government was truly empowered, delivering education, health, social care, social support, infrastructure and even gas and water supplies. It was genuinely financially independent of central government. Over the last century, central government has steadily eroded the role of local government, placed more controls and reduced its financial freedoms while increasing burdens on local councils.
I am a believer that form should follow function. We should see real devolution which would enable genuine financial independence from central government, with a much greater role in economic development, community health, education and skills for getting people back to work; this would enable every area to flourish with real levelling up. This is what the Government should have started with, because locally we could have then answered the question of what would be appropriate structures to deliver this. It would also significantly reduce local argument as the prize and objective would have been clear to all.
Instead, we have top-down reorganisation. The Government have been clear that they intend to use their large majority in the other place to force through unitarisation and have mayors across the country. There is a clear message that funding will be tight, so councils will have to make significant savings, which the Government expect to be delivered by unitarisation. It is understandable that, in these circumstances, many councils have concluded that it is better to participate in order to have some control over their destiny and potentially some meagre rewards, rather than be done to by government diktat.
So I have sympathy with those councils that, due to the need to meet a government-imposed timetable, asked for a delay in their elections. But it did not need to be this way. The Government could and should have worked with local government. They should have brought forward real proposals for real devolution with a clear timetable that respected the democratic process. They should have brought forward proposals to address some of the biggest issues in local government, such as social care and SEND. They should have looked at how, by addressing the perverse incentives, the blockages in the system and creating genuine local place-based working, these could have been addressed.
You cannot look at local government reorganisation without looking at, for instance, the healthcare system and how that works. But, no, this Government are favouring imposition over co-operation, avoiding the difficult decisions and not delivering real devolution. That is why I will be supporting by noble friend Lady Scott’s Motion to Regret.
My Lords, that has been a really interesting debate. I understand and I have listened to the concerns around the Chamber. The Government have been very clear on our manifesto commitment to widen devolution to more areas. We have been clear on our vision for a simpler, more sustainable local government structure, alongside transfer of power and funding out of Westminster through a devolution process. We have been clear on our willingness to take all the appropriate steps needed to deliver this vision, working with councils to fix the foundations of local government and support communities to join the devolution revolution.
Does the noble Baroness accept that, under Section 7 of the Local Government and Public Involvement in Health Act—which governs local government reorganisation—it is a statutory requirement that all principal authorities are engaged with? By that I mean not just the county councils but all the districts, upper tier unitaries and so forth—not the parishes but the principal authorities. Does the noble Baroness further accept that only 30 or so of the 200 or so councils that should have been consulted were actually consulted?
I will answer the noble Lord’s point further in a moment. Following a question he asked me earlier, I checked the legal requirements, and my understanding is that all the legal requirements have been met in this process.
The noble Baronesses, Lady Pinnock, Lady Jones and Lady Fox, raised the issue of democratic accountability and elections. To clear up a point, there are no elections postponed in Devon. I do not know whether that was raised with the noble Baronesses, but elections are not postponed in Devon. Nothing is being imposed on local areas. The commitment to join the devolution priority programme and the emerging proposals for new unitary councils were all bottom-up. All requests for election delays to unlock reorganisation and devolution to the fastest possible timeline followed direct requests from the leaders of affected upper-tier councils—not the Secretary of State, as was stated by the noble Baroness, Lady Jones.
Devolution and strong councils with the right powers mean that hard-working councillors and mayors can focus on delivering for their residents. That will strengthen the democratic accountability of local government to local residents. Postponing this small number of elections will enable mayoral devolution to be delivered in parallel with reduced timescales, so that working people and communities get those benefits—the powers, funding and freedoms—far more quickly, with mayoral elections and elections to new councils increasing democratic accountability, not reducing it.
We do not agree that there is a lack of consultation. We are consulting now in eight of these council areas on mayoral devolution, and we have asked councils to engage widely as they develop their proposals for reorganisation. Once a proposal has been submitted, it will be for the Government to decide on taking a proposal forward and then to consult, as required by statute. Some 13,000 people have responded to those consultations already, so people are engaging with the process.
A number of noble Lords mentioned the timetable. I think there has been some misunderstanding, so I will cover this. The noble Baroness, Lady Jones, asked for clarity on the timetable, and I understand why she would want that, as did the noble Baronesses, Lady Pinnock, Lady Scott and Lady Fox, and the noble Lords, Lord Stoneham and Lord Fuller. The starting point is for all elections to go ahead, unless there is strong justification. In May 2026, we intend that mayoral elections for new strategic authorities will take place, alongside those district and unitary elections already scheduled and elections postponed from May 2025. For any area in which elections are postponed, we will work with areas to move to elections to new shadow unitary councils as soon as possible, as is the usual arrangement in the process of local government reorganisation. For areas in the priority programme, this will mean mayoral elections in May 2026, alongside and in addition to the rescheduled local elections. We will work with areas to move to new shadow unitary elections as quickly as possible.
Postponement is essential for the delivery of the devolution priority programme, with inaugural mayoral elections in May 2026 and complementary reorganisation. We have no plans to postpone district council elections in 2026; we intend these to take place as scheduled, alongside elections postponed in 2025. The date of any unitary council elections will depend on the nature of proposals for local government reorganisation and progress on the development of those proposals. They are moving on different timetables.
On the issue of strategic planning, raised by the noble Baronesses, Lady Jones and Lady Pinnock, local plans will still be the responsibility of local authorities. Strategic planning at mayoral level will inform that planning, not replace it. It is done at mayoral rather than national level, so this is increasing devolution, not reducing it.
The noble Baroness, Lady Jones, made a point about saving money. We have had a PwC report, which set out the opportunity for areas undertaking reorganisation to achieve efficiencies when moving to a single unitary structure. In fact, North Yorkshire Council, established in 2023, expects to achieve more than £40 million in savings by March 2026. There is precedent for significant savings.
The noble Baroness, Lady Pinnock, mentioned Surrey. This single-year postponement is intended to give local leaders the time and capacity to plan for new structures, with local leadership in place until after the full reorganisation proposals have been submitted. We agreed to delay elections in Surrey to expedite local government reorganisation because of the perilous financial state of some of the authorities in that locality. The Government are getting on with delivering this.
All two-tier areas have been invited to develop proposals for reorganisation. I am delighted to confirm that every single area, comprising councils of all political stripes, has responded to the invitation to reorganise and submit an interim plan by 21 March. A Written Ministerial Statement has been laid before the House today, setting out the details.
The noble Baroness, Lady Pinnock, asked about the Secondary Legislation Scrutiny Committee. I think the noble Lord, Lord Khan, probably replied better than I could on this. In response to her question about the date, we do not have powers to delay a date; we can delay only the year, not the date. It would require primary legislation to postpone until June.
The noble Lords, Lord Rennard and Lord Fuller, raised the issue of precedence in postponing elections. Between 2019 and 2022, the Conservative Government legislated to postpone 17 local council elections for one year and cancelled a further 13 elections as part of legislation giving effect to unitarisation proposals, with the latter having the effect that the elections did not take place, as the councils were abolished. All local elections scheduled to take place in 2020 were subsequently postponed, of course, because of Covid. I could go into further detail, but I will not take up noble Lords’ time.
The noble Baroness, Lady Scott, raised the issue of boundary review. I am very happy to write to her further on the timetable. On the process for local government boundary review, I know, because we have just gone through it in Stevenage, what a thorough process that is. There is no intention to curtail the process of extensive consultation as we go through this process.
My noble friend Lord Bach referred to the process of devolution and the need for a modern and efficient local government system, and I agree with him 100%. We have had three decades of delay in moving this forward, so to noble Lords who said this is rushed and hurried, can I just say that it does not feel that way to me? I have been in local government for 30 years, and we have been trying to do it for all that time. In relation to the English cities, for councils which have not already been part of a reorganisation process, if those areas feel it is appropriate, they will have submitted those changes in their plans or they will be working them for the second stage of planning.
Before the Minister sits down, on the question of the manifesto and devolution, I do not think it was very clear to communities or individuals that “devolution” also meant local government reorganisation.
I hear the noble Baroness’s view, but the councils that have come forward feel that they need that reorganisation to enter properly into the devolution process. If we are going to get powers and funding out of this bit of Westminster and out to the areas, that elected representation at local level is key.
The Motions put forward by the noble Baronesses would be an unprecedented step by the House of Lords, with serious constitutional and practical consequences. The Motions undermine the convention of the primacy of the Commons and the principle of delegated powers, which have been given in primary legislation granted here and have been previously used in this way. All appropriate steps were taken, and both process and precedent carefully followed.
A vote to agree with these Motions for Annulment at this stage, the evening before the last day by which elections must be called, would throw areas into chaos, damaging the safe running of those elections and confusing the live consultations that are under way, in which we are receiving significant public interest, with, as I said, over 13,000 responses already. The people engaged believe, as we do, that the order is in the interests of the people we all serve. The Motions would slow down the delivery of the benefits of mayoral devolution and strong unitary local government to those areas. It is these Motions, not the order they object to, that are damaging to local democracy. I urge you in the strongest terms to deny them.
My Lords, I forgot to mention that I am also a vice-president of the Local Government Association.
I thank all noble Lords who have spoken in this debate. A lot of issues were raised and the Minister has given a very full answer, which I am sure I will read with great interest in Hansard tomorrow. Clearly, she and the Government will be held to account on that.
It seems a little mean to accuse us of bringing this so late to your Lordships’ House when actually it is the Government’s timetable that we are operating to. We had no choice. The fact that it is 7 pm on the night before is not our choice; it is the Government’s choice to do it, so the Government have made it too late to do this.
There is also the fact that Labour has completely changed the meaning of devolution. What is happening is not devolution; it is actually sucking power upwards. My Motion is not about devolution but about the way it is being done. I think that is deeply undemocratic, despite what the noble Lord, Lord Kerr, had to say about it. I am quite disappointed that the Conservatives, His Majesty’s Opposition, could not vote for a fatal Motion. I did use their wording in my fatal Motion to encourage them, but clearly that did not work. If the Government are wrong—on this side of the Chamber we all agree that they are wrong—surely we want to draw that mistake to their attention. They are making a terrible mistake, and if we are not going to draw their attention to something like this now, when are we going to do it?
I also regret that the Liberal Democrats did not reach out before tabling their Motion. That is a real shame. I am not known for my powers of compromise, but I am, I think—I hope—known for my principles, and I would have done my best to come to some agreement. The Liberal Democrats did not attempt that, so to me what they are doing now looks like game playing, not a principled move. Surely a fatal Motion is a fatal Motion, and whether you vote for mine or for theirs, it does the same thing: it draws attention to the fact that many of us are not happy about what is happening. We care about local democracy, not game playing.
Affected councillors and residents do not have a vote here, but we do, and there are times when we really ought to use that vote for the common good. I feel that is not happening this evening. I hate to waste the time of your Lordships’ House, despite the fact that it is only 7 pm—it is not even my bedtime yet, and I go to bed very early.
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Lords ChamberTo ask His Majesty’s Government what progress has been made on the remediation of high-rise buildings with safety defects.
My Lords, before I answer the noble Lord’s question, I pay tribute to all the campaigners and survivors of Grenfell who have moved this along, following seven years when little progress was made. Now, over half of 18 metre-plus buildings identified with unsafe cladding have started or completed remediation. On 2 December last year the Deputy Prime Minister announced the remediation acceleration plan, which sets out key measures to get buildings with unsafe cladding fixed faster, identify remaining buildings still at risk and ensure that residents are supported through the remediation process. This Government have been clear about our intention to deliver remediation faster, with more action from freeholders and developers.
My Lords, I am grateful for that Answer. Since this Question was tabled, the Public Accounts Committee in another place has published a further progress report on remediation that is highly critical of this Government and indeed the last one. It points out that, of the 5,000 buildings known to the Minister’s department to require treatment, work has started on half, and that 3 million people are living in unsafe buildings, are unable to sell their flats and face exorbitant insurance claims. It also points out that the contract with developers did not require them to remedy all the safety defects. In the meantime, not a penny has been paid by the manufacturers of unsafe cladding. The PAC says that the date of 2029, by which all treatment should have been completed, is unrealistic. Surely we can do better than this.
The noble Lord is right to say that we can do better, which is why we have introduced the remediation acceleration plan. The plan’s targets provide greater certainty to residents, a significant acceleration in pace and much greater certainty about when cladding remediation will be resolved. We have never had targets like these before. This Government have put in place a plan to deliver; it is now up to those responsible for making their buildings safe to do so. The plan has been criticised by campaigners for not being ambitious enough and by industry for being too ambitious and unachievable. All plans like this must strike a balance; we believe this plan gets the right balance and is ambitious but also achievable.
My Lords, the National Audit Office also found that, in the social housing sector, remediating cladding safety defects will cost £3.8 billion. The National Housing Federation says that housing associations could build 91,000 more affordable homes if the social housing sector had equal access to government funding to pay for building safety works. Substantial funding is being diverted away from investing in new affordable homes to pay building safety costs, so could I ask the Minister whether the Government have a plan to ensure that the social housing sector can deliver the 1.5 million new affordable homes target by making it eligible for the Government’s building safety funding?
My noble friend is right to point to the strains on social housing between remediation of all kinds of maintenance defects, including fire safety, and building new affordable housing. From April, we will increase targeted support for social landlords applying for government remediation funding. That will help them meet the costs of planning and preparing for remediation works, and to start remedial work sooner. Social landlords can apply for government remediation funding equivalent to the amount that would otherwise have been passed on to leaseholders, or for the full cost of the works where remediation would render a social landlord financially unviable. We have committed £568 million to support the remediation of social housing through government schemes.
My Lords, the Public Accounts Committee points out that developers, social housing providers, landlords and owners—everyone, it seems, except the culpable manufacturers of this cladding—are being made to contribute to the costs of remediation. What is being done to ensure that the culpable manufacturers of this cladding will be made to contribute?
I agree with the noble Lord that it is very important that the enforcement we set out is carried out. We have already committed £14 million to local authorities to build the capacity and capability to take that enforcement action, and the Deputy Prime Minister has announced increased funding to double that enforcement activity. In addition to enhancing the national joint inspection team, we will ensure local authorities continue to have access to expertise they can call on around their most complex and high-risk buildings. But it is vital that those who are responsible for this are both brought to account and contribute to the remediation work that needs doing.
My Lords, the Government have identified that barriers to development-led remediation include disputes between developers and freeholders over access to buildings, delays in securing the necessary regulatory approvals and access to independent assessors to carry out the quality of assessments. Will the Minister set out what the Government are doing to overcome these barriers to vital progress?
The remediation action plan points to the action that we need to take to move this on more quickly. Developers have determined whether work is required on about 80% of buildings for which they have taken responsibility under the remediation contract. Both developers and the Government are committed to accelerating that progress, which is why we have the plan that we published on 2 December as a joint plan. Thirty-nine developers have signed up to that and we will be moving that forward. If they fail to hit those joint plan targets, further action will be taken.
My Lords, the Government have introduced a new and lower standard of remediation, PAS 9980. Insurers, however, are not convinced that this makes buildings fully safe. The Public Accounts Committee has brought it to our attention that insurance costs remain, in its word, “unaffordable”. What are the Government going to do to address the criticism of the Public Accounts Committee and ensure that insurance costs drop considerably, so that people can afford to remain in their homes?
The noble Baroness is quite right to raise the issue of insurance premiums. Work has been going on to reduce those premiums for leaseholders. We have seen improvements for leaseholders who previously found themselves unable to sell or remortgage their homes, but we remain vigilant and will continue to hold the 10 major lenders to account, following their commitment to lend on properties even if the remediation is not yet complete.
My Lords, I draw the attention of the House to a family interest in a high-rise flat. Does the Minister accept that it is a matter not just of getting an agreement to starting dates on these schemes of remediation but of completion dates? Many schemes seem to be dragging on and on, and there will not be satisfaction in terms of safety reassurance or saleability until there is a much more stringent approach to the completion date of this necessary work.
The noble Lord is quite right: we need to move this on as quickly as we can. It has dragged on for far too long already. As of March 2025, we have 39 developers signed up to the joint acceleration plan. These developers account for more than 95% of the buildings to be remediated by developers under the developer mediation contract. They have committed for the first time to assess all their buildings by July 2025 and to start or complete all remedial work by July 2027—but I take the noble Lord’s point that completing the work is the vital thing for those living in them. We will be monitoring this very carefully and chasing up the completion of those works as time goes on.
My Lords, we will not complete the remediation work that we are discussing under this Question, nor achieve the Government’s ambitious but very welcome target of 1.5 million new homes being built, without the necessary skilled workforce. We know from the Office for National Statistics that there are 35,000 job vacancies in the construction sector, over half of which cannot be filled due to a lack of skills—the highest for any sector. Does my noble friend agree that it was a very welcome announcement from the Treasury last week that the Government plan to inject £600 million into training up 60,000 more construction workers by 2029? Will she further tell the House how we can encourage the construction sector itself to invest in more brickies, chippies and sparkies who can build the safe homes that we all need?
I totally agree with my noble friend. I was very pleased to hear yesterday that in the Spring Statement there will be an announcement of £600 million investment into the construction and skills sector, delivering around 60,000 workers over the course of the Parliament. We need to address the leaky pipeline and to expand course provision to make sure there is enough funding for training routes and apprenticeships, skills boot camps and other further education courses. Then we need to ensure the system has the required capacity. To deliver those courses, we need to address the 10% vacancy rate for construction teachers and be imaginative in how we do that. We need to take every action we can to get the right people with the right skills in the right places. It is one of the most important pieces of the puzzle that we must get right.
(3 weeks, 6 days ago)
Lords ChamberThat the draft Regulations laid before the House on 6 February be approved.
Considered in Grand Committee on 3 March.
My Lords, with the leave of the House and on behalf of my noble friend Lord Khan, I beg to move the Motion standing in his name on the Order Paper.
(3 weeks, 6 days ago)
Lords ChamberThat the draft Regulations laid before the House on 13 January be approved.
Relevant document: 15th Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 3 March.
(4 weeks, 1 day ago)
Grand CommitteeThat the Grand Committee do consider the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment and Transitional Provision) Regulations 2025.
Relevant document: 15th Report from the Secondary Legislation Scrutiny Committee
My Lords, the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment and Transitional Provision) Regulations 2025 were laid before the House on 13 January 2025. These draft regulations increase planning fees for householder and other applications. This will provide essential extra funds to local planning authorities and improve the efficiency of our planning system. This is vital to speed up decision-making and support the Government’s plan of building 1.5 million homes and delivering economic growth.
I will start by providing some context and background to these regulations. Currently, the income from planning fees does not cover the cost to local planning authorities of determining applications. Overall, there is a national funding shortfall of approximately £362 million, the burden of which is borne by the general taxpayer. By increasing fees for applications with the greatest funding shortfalls, we can cover a greater proportion of the costs associated with processing these applications.
It is estimated that these fee increases will generate an additional £56 million annually for local planning authorities. This is a substantial sum that will significantly enhance the capacity and efficiency of our planning services.
We consulted on proposals to increase fees in July 2024. Respondents were generally supportive of our proposals, recognising the need to boost the funds available to local planning authorities, if this leads to improvements in planning performance. Noble Lords will realise that the Local Government Association has long campaigned for increases in planning fees.
I now turn to the detail of the regulations. First, they increase the fees for householders who want to enlarge, extend or alter their home from £258 to £528 for a single house and from £509 to £1,043 for more than one house. I recognise that some may consider that, during times of economic pressures for householders, we should not be increasing planning fees. However, in light of the clear funding shortfall that exists, it is right that applicants should contribute more towards the costs incurred by local planning authorities in delivering a planning service, rather than the taxpayer funding it.
We estimate that, in most cases, the cost of the planning application is less than 1% of overall development costs. Furthermore, some householder development can already be undertaken through permitted development rights and so would not be subject to a planning application fee.
The regulations also increase fees for a range of other application types, which currently are set too low. They increase the planning fees for prior approval applications from a flat fee of £120 to £240 and from £258 to £516 where they include building operations, and for the change of use of commercial buildings to residential uses from £125 per dwelling to £250 per dwelling. The regulations also increase the fees for discharge of conditions from £43 to £86 for householders and from £145 to £298 for all other applications, including discharge of biodiversity gain plans.
Finally, the regulations introduce a new three-tiered fee structure for Section 73 applications that are used to vary or remove conditions on planning applications. This reflects the higher costs associated with Section 73 applications on major developments. The regulations also make corrections to two fees that were erroneously set too low when the fee regulations were last amended in 2023. These regulations do not impose a fee on listed building consents, which continue to incur no fee.
I want to be clear that the Government expect local planning authorities to use the income from planning fees on their planning application service, so that they can build up their capability and capacity and improve performance. We know that this is what applicants expect in return for paying higher fees. In addition to these fee increases, the Government have committed to a £46 million package to enhance the capacity and capability of local planning officers. This includes recruiting 300 additional planners. I recognise that there is no planning officer tree where we can go and pick them; this is going to take a little time.
The Government have also announced their intention to introduce a measure in the planning and infrastructure Bill that will enable local planning authorities to set their own planning fees to meet their costs. This comprehensive approach ensures that local planning authorities are not only better funded but better equipped to handle the demands placed on them.
To summarise, while we take forward our measures for local fee setting, these regulations will provide local planning authorities with an immediate boost in resourcing. This will enable local planning authorities to budget with more confidence and be better equipped to deliver the housing and growth that our country needs. I hope that noble Lords will join me in supporting the draft regulations, which I commend to the Committee.
My Lords, the Liberal Democrats wholeheartedly support this rise in planning fees, so I apologise now for repeating some of the very good points that the Minister made. She should not expect me to keep saying that for ever, but I do on this occasion.
We have all known for years that planning departments are underfunded; they are not covering their costs, and the position is simply unsustainable. I am interested that the Government have decided to go for an interim position rather than a full cost recovery. I can kind of understand their wanting it to be balanced, but I wonder whether the work has been done on what will be needed to get to that position, which we believe we should get to.
As the Minister said, planning departments have long been subsidised by the taxpayer through council tax; they have been bearing the burden of the costs of planning applications, which do not directly benefit them—particularly for individual householder applications. It seems completely illogical that everyone should contribute to an individual’s home improvements, which usually add value to just their property.
We welcome the change of emphasis from the last Government, who did at least increase the fees in December 2023—but I always felt that their agenda seemed to be to keep fees down. I note that a Conservative Member of Parliament in the other place described the rise as “eye-watering”. My riposte is that he clearly does not know what builders are charging these days, as the planning fee, which is an essential tool to getting the development right, is but a tiny fraction of the total cost. Two friends have recently had extensions to their homes, and when I hear how much they spent on the projects as a whole, I feel that £528 is probably the lowest in the grand scheme of their costs.
Major housebuilders are demonstrably making money, and their applications take the most time and expertise, so a rise to begin to cover costs seems entirely reasonable—more so given the financial challenges that local government faces. Some of the pre-app talks and site visits can be really extensive and time consuming.
If we have a concern regarding sustainability, it is about the recruitment and retention of planners. The ambition to recruit 300 new planners is laudable and welcome, and it seems churlish to point out the fact that it equates to just one planner per authority—but that is the reality. The Home Builders Federation pointed out, through a freedom of information request, that 80% of local planning authorities are operating below capacity.
The recruitment and retention problem is exacerbated by differential salaries. The best young graduates appear to be snapped up by the major housebuilders, as they can afford to pay significantly more than local authorities. Especially in areas of high house prices, that can make recruitment even more of a challenge.
The Minister will know that some local authorities are working together to look for solutions by co-operating rather than working against each other, competing for the same people and even poaching. Career opportunities can be better for an individual if they can work across several councils, especially with smaller districts.
The RTPI has pointed an important fact—that there is a lack of robust data on how many planning officers we have in each region and local planning area. Accurate data would help to pinpoint where resources and training are most needed, so perhaps the Minister could give us some more detail on the changes to the Pathways to Planning programme.
We think that all these increases are necessary and overdue, and accept that it is sensible to tie this to an annual increase. The fact that previous rises were not index-linked was part of the problem. The gap between the cost of processing an application and the fees charged has widened significantly over time.
There has been some talk of monitoring and ring-fencing of funds. Because of the parlous situation of local government funding, will local authorities rob Peter to pay Paul? In my experience, most councils will honour the intentions of government when money is handed out for specific needs, and we see no reason why that would not be the case here, without the need to mandate it or introduce checks. This Government are committed to decentralisation, so it is essential to let go and trust local authorities. Trying to micromanage budgets could be unnecessarily overbearing. We believe that councils should make all their own spending decisions. The Government already have mechanisms in place to monitor planning performance.
The Minister was right to point out that councils get no fees from the massive extension to permitted development rights, yet when there are problems with those conversions, the planners are drafted in to give advice and help to put things right. The key is that if there had been a need to obtain planning permission, the issues would have been sorted out right at the beginning. Will the forthcoming planning Bill be more helpful in this regard? We hope so, and in particular we look forward to allowing local planning authorities to set their own planning fees to meet their costs. A degree of flexibility to adjust to local circumstances and needs is essential.
I am very grateful to noble Lords for their helpful comments and overall support for this increase in planning fees. As I said, it is something that the Local Government Association and the local government community have campaigned on for some time. Before I go into some of the other specific issues, I too am glad that my noble friend from the Department for Education is here; the issue of skills and the development of skills in planning is critical to driving that key mission of delivering the 1.5 million homes that we know are desperately needed in the country.
The noble Baroness, Lady Thornhill, raised the sufficiency of the fee increase. These increases have been targeted to those applications with the greatest funding shortfalls, and that is why this interim measure has been structured in this way. Those applications constitute the greatest proportion of applications received by local planning authorities so, as I said in my introduction, this will provide them with an immediate and significant boost, then the planning and infrastructure Bill will set the wider framework when we come to it. As the noble Baroness said, planning fees represent only about 1% of development costs and we do not consider that burden disproportionate.
Both noble Lords raised the issue of capacity and capability in the planning system. It is worth repeating that we have put together a £46 million package of investment. My noble friend Lady Smith of Malvern set up Skills England so that we can try to attract more people to be planners, and that funding will provide the recruitment and training of 300 additional planners and the development of the skills needed. We have already recruited a cohort of around 20 senior built environment professionals, across a range of specialisms, to work directly with and advise local authorities, and with Homes England as our delivery partner. We are also developing a wider programme of support, working with partners across the planning sector, to make sure that local planning authorities have the skills and capacity that they need. I am very pleased that the Construction Industry Training Board has also stepped up and put some money towards this project.
The noble Baroness, Lady Thornhill, mentioned that accurate data is needed and asked me for an update on Pathways to Planning. We fund the Local Government Association’s Pathways to Planning and, on 27 February, we announced an allocation of £4.5 million for the Local Government Association’s initiative to fund salary bursaries for new planning roles in councils. I hope that gives her some indication of where we are going with that.
The noble Baroness mentioned ring-fencing. We are not specifically ring-fencing planning fees, but we have been clear that we expect the income from planning fees to be retained and directly invested in the delivery of planning application services. Ring-fencing will be considered as part of the longer-term plans that will enable local planning authorities to set their own planning fees, but the noble Baroness is quite right that, as local authorities face a difficult financial position at the moment, they should have the flexibility to decide where their funding is going.
The noble Baroness also mentioned permitted development rights. We know that national permitted development rights play a role in the planning system, but we acknowledge that there has been criticism of them, particularly those that enable a range of commercial buildings, such as offices, shops and agricultural buildings, to change use, including to residential use. There have been some good examples of that, but there have also been some pretty poor ones. We continue to keep permitted development rights under review.
The noble Lord, Lord Jamieson, raised the important issue of why this increase is focused on householders. We are increasing the fees for householders because these have the greatest funding shortfalls, as I said. The fees for major applications are estimated more closely to cover the costs to local planning authorities. It is not possible to increase fees for developers above cost-recovery levels in order to cover the costs of other applications. That is the reason for this measure. The forthcoming planning and infrastructure Bill will enable planning authorities to set their own planning fees, but we have to take action now to address the funding shortfalls. To support our measures to enable planning authorities to set their own planning fees, we will undertake a benchmarking exercise to establish the robust baseline that we need for full cost recovery of all planning fees.
The noble Lord mentioned the key issue of small builders and medium-sized enterprises. We recognise the need for a diverse housing market sector that can respond to local needs. SMEs are an indispensable part of our housebuilding sector. We know that they have a vital role in making the housing market more diverse and resilient and contribute to housing supply by building out the majority of small sites. I have had great personal experiences—as I am sure both noble Lords have had in their areas—of SMEs making a big contribution.
Through our planning reforms, we are committed to ensuring that the right support is in place for SMEs, and we have engaged extensively with the sector to better understand existing challenges. On 12 December last year, we published the revised NPPF, which makes clear the necessity of ensuring that sufficient small sites are made available to support SME housebuilders and to better enable authorities to support that community-led development. We are committed to strengthening small sites policy and providing additional support for SME housebuilders with further measures later this year.
Planning performance is a key issue, as mentioned by the noble Lord, Lord Jamieson. How do we ensure that increased fees result in better performance by local authorities? In return for increasing planning fees, we expect local authorities to invest more in their planning services to deliver better performance. We will continue to monitor the performance of local planning authorities through the planning performance dashboard and quarterly planning statistics. The planning performance regime ensures that underperforming local planning authorities are held to account; it is an important way of making sure that that happens.
The noble Lord referred to the new NPPF and to simplification and clarity in the planning system. It is a complicated system—I understand that. We attempted to simplify the system with the NPPF, and we will continue to look at what further measures are necessary. When we get the planning and infrastructure Bill, we will hopefully be able to clarify the system further for everybody who needs to use it. If I have not covered any points, I will look at Hansard and reply in writing.
In conclusion, the proposed increase in fees is a necessary and timely measure. It addresses a critical funding shortfall faced by our local planning authorities and will help provide them with the resources they need to deliver improved services. This will benefit householders, businesses, developers and, ultimately, all of us, as the economy grows and more homes are built. I hope the Committee will welcome these important regulations.
(1 month ago)
Lords ChamberBefore we proceed, may I just remind colleagues that this is called Question Time for a reason. We want questions, so that the Minister can give an answer.
My Lords, the Government entirely understand concerns about the affordability of rents. We have inherited a private rented sector that is failing many low-income renters. The Renters’ Rights Bill will empower tenants to challenge unreasonable rent increases, as well as taking practical steps to end the practice of rental bidding and prohibiting landlords from demanding large amounts of upfront rent. In addition, the Government are committed to building 1.5 million safe and decent homes in England over this Parliament. This boost to supply is critical to improving housing affordability.
I thank the Minister for her response, but current rents remain unaffordable for the 34% of renters in poverty—a figure likely to rise with the freeze of local housing allowance. Private rents increased by more than 8% last year and market rates are already out of reach for so many. The First-tier Tribunal will not resolve any of these issues. Are the Government considering any form of rent stabilisation?
I thank the noble Baroness for her question. We have discussed this in the Chamber before, and the Government have been clear: we do not support rent controls. Heavy-handed rent controls tend to mean higher rents at the start of a tenancy, and they can make it much harder for prospective tenants to find a home. They also encourage the growth of unregulated sub-letting, which can leave the most vulnerable tenants very exposed to higher costs and minimal protections. Those rent controls always come at a cost, often in reduced investment in housing supply and quality standards. We prefer to use this mechanism to strengthen tenants’ rights.
My Lords, the noble Lord, Lord Campbell-Savours, is participating remotely. I invite him to speak.
My Lords, has my noble friend seen the very interesting briefing from UNISON, which has 1.3 million members? The brief calls for measures to stop escalating rents; increased enforcement and the regulation of landlords and their agents; changes to the benefits system, incentivising work; and measures to end the right to buy in conditions of housing shortage. We urgently need to find a way to ensure that rents in the private sector become affordable. Could Ministers arrange to meet UNISON representatives to discuss their very interesting proposals for reform?
I thank my noble friend for his question. Of course, I am always happy to meet with trade union colleagues, particularly on important issues such as this. I thank him too for his reminder of the information in that UNISON report. Many of the issues raised in it are being tackled in the Renters’ Rights Bill, and in the leasehold and commonhold reform Bill which we will be bringing forward later in the year. On the right to buy, we have already taken significant steps to make sure that the funds from the sale of social housing go back to those councils to enable them to build more social housing.
My Lords, further to the Question from the noble Baroness, Lady Grender, rents in the private sector are rising because supply is falling as many smaller landlords decide to sell up. While there is much of value in the Renters’ Rights Bill, there is nothing in it to increase supply, which is what tenants want. Will the Minister turbocharge the discussions between her department, the Treasury and the pension funds and insurance companies in order to get serious, long-term institutional finance into good quality accommodation for rent and to redress the imbalance between supply and demand?
I thank the noble Lord for his question and for all his expertise on this subject. A few weeks ago, I attended an investors’ summit in the City of London where there was great enthusiasm about investment in the housing market. We welcome those institutional investors and recognise the crucial role that the build-to-rent sector in particular is playing in building those 1.5 million homes. Last year, we announced a £700 million extension to the home building fund to support housebuilders and to catalyse that institutional investment. This should support the construction of 12,000 more homes, including build-to-rent. We also announced a £3 billion guarantee for SME and build-to-rent housebuilders through the reopening of guarantee schemes, which should deliver the construction of around 20,000 new homes.
My Lords, could the Government also turbocharge getting rid of Section 21, which legalises insecurity in the lives of people paying rent?
I absolutely agree with the noble Lord about the insecurity that Section 21 presents. It is also a huge economic burden on local councils as they pick up the tab for emergency accommodation coming out of Section 21 evictions. That is why our Renters’ Rights Bill contains clear proposals to get rid of Section 21 once and for all.
My Lords, in some areas, selective licensing schemes have been introduced because of the poor performance of private landlords. They can make a real difference in improving standards. Would my noble friend the Minister consider looking at best practice in those schemes, and at whether local authorities could be encouraged to adopt them in areas where landlords are poorly serving their tenants?
I am pleased to commend those local authorities which have taken steps to regulate private housing in their areas through the use of selective licensing schemes. We continue to look at how we might better support that going forward.
My Lords, as my noble friend Lord Young of Cookham said, when supply goes down and demand goes up, prices increase. What assessment have the Government made of reports that landlords are leaving the rental market at the highest rate ever? Many are citing rental reforms as their reason for leaving.
If I am honest with the noble Lord, I think the pressures on housing come from 14 years of not taking the housing market seriously. We have carefully assessed what the impact of the Renters’ Rights Bill might be, and we do not believe that it will have a significant impact on the supply of private rented housing in the market. Supply has been consistent for several years, and we want to maintain that and to make sure that the Renters’ Rights Bill delivers the right balance of support for both landlords and tenants. There are many really good landlords, and we want to give them the help and support they need through the Bill, as well as supporting our tenants.
My Lords, market rents in the private rented sector are often unaffordable for those on low incomes, which is why I greatly welcome the Government’s announcement this month of more funds for social housing. Roughly what proportion of the 1.5 million new homes the Government are planning for this parliamentary Session will be affordable to those on average incomes and below?
That is a key question, and I am afraid it is not possible for me to give a specific answer because we have just set aside social housing in local plans. We will be asking local authorities to determine their local need for social housing.
My Lords, one consequence of sustained high rents in the private sector is the conversion of family homes into HMOs. Are the Government monitoring this trend, and what action are they taking on the loss of family homes in this way?
I understand the point the right reverend Prelate makes about the conversion of family homes into HMOs. I do not have those figures here, so I will write to her with a response.
My Lords, evidence from Scotland shows that only 4% of tenants with a rent rise use the First-tier Tribunal to challenge that rise. How will the Government ensure that more tenants are aware of and use this right? Does the Minister accept that, in a system where demand significantly outstrips supply, a tribunal decision that the rent is fair does not make it affordable?
I absolutely understand the point the noble Baroness makes, but tenants will be able to dispute rent increases they think are above market rate by referring their case to the First-tier Tribunal. The tribunal will assess what the landlord could expect to receive if re-letting the property on the open market, and it will determine the rent. Both landlords and tenants will have the opportunity to submit evidence, and the tribunal will not be able to determine a rent increase higher than the landlord had originally proposed—all through our Renters’ Rights Bill. So we are improving the position for tenants, and for landlords, who will be able to make their case at the tribunal.
(1 month, 2 weeks ago)
Lords ChamberI remind the House that I have relevant interests as a councillor and as a vice- president of the Local Government Association. This is a wide-ranging Statement about the future of local government. There are three different elements within the Statement, and I want to address each separately.
First, I want to think about the creation of the so-called strategic authorities. The Government, in the headline to their Statement, described it as “devolution”. It is not devolution; it is delegation of powers from the centre in Westminster. True devolution will occur only when funding is raised locally and decisions are made locally, without the iron grip of Whitehall being exerted. This is a bit of a challenge for the Minister: if they are to have devolution, can she describe the route to the place where there is freedom for local government to make and fund its decisions, without the diktat from above?
The next challenge I have for the Minister—I am sorry, there are one or two here—is that of the democratic deficit that is being deliberately created. We are, apparently, going to have mayors for these so-called strategic authorities. If the evidence from the past in the election of mayors is to continue, mayors are elected—when they are stand-alone elections—by less than 20% of the electorate, which is hardly a resounding vote of confidence in that system. Those of us who care about local democracy are rightly concerned about increasing powers. For example, the mayors of the strategic authorities will have the power to create policy on housing and on strategic planning, which really affect the lives of residents. How will those decisions be respected when the mayors have been elected by such a low number of electors?
One small step that the Government could take to help reverse this democratic deficit is to return to the voting system that prevailed in the election of mayors until the previous Government, in their last throes, decided to remove the additional vote system and return to first past the post. I guess they thought it would help their cause; it did not. At least having an additional vote—albeit that is not what would I want—means that more people help to support the person who is elected.
The next element of the Statement is the abolition of district councils. I serve on a metropolitan council, so district councils are not anything I have experienced, but we know that they are very efficient in running very local services and are very close to the residents they serve. Systems always need reform, so if there is going to be reform of this two-tier system, why do we not think of change rather than abolition? Is it because the county councils are running out of money, and they need the district council reserves to prop them up?
In the new era of unitary authorities, the Government are talking about the average size of these unitary authorities being a population of 500,000. That is very much like the metropolitan area that I serve in. I can tell the House that this means that the wards that councillors will be elected to serve in will be large, and in rural areas they will be geographically large. I suspect that the Government are considering a ratio of councillor to electors of about 1:5,000. That is a very large number of people, and it would take local democracy away from people.
The last item I want to raise is the cancelling of elections. I do not think that, in a democracy, we should ever cancel elections. I know that the previous Government cancelled elections, so there is a bit of a precedent, but I do not think that it is one that should be repeated. People have a right to have their say in electing people to represent them. The difficulty that cancelling these elections creates is that the existing councillors who were elected four years ago will be the ones who determine the set-up for the new unitary councils in their area. If you do that you need the electoral mandate to do it, which they will not have.
I am very disappointed that the Government have decided that democracy is not worthy of the name, and that we are moving local government further and further away from local people. I hope that the Minister will be able to answer my questions and put some life back in local democracy.
I thank both noble Baronesses for their questions. The number one mission of our Government is to unlock growth in our regions. It is to this end that we are working very hard to start this generational opportunity to devolve powers and funding from Whitehall and Westminster to our local areas, where local leaders have skin in the game in making things happen for their communities. It is a very important part of our mission. With the measures we announced last Wednesday, over 44 million people will see the benefits of devolution. That is close to 80% of the county—more progress in a short amount of time than any Government in Britain’s history.
It is very important that we get on with this. This issue has been hanging around for most of my local government career, which is longer that I care to admit to. I have been involved in at least four long-term proposals for devolution in my time, and it is time that we got on with the job.
We have heard from councils that unitarisation or council mergers can help strengthen local leadership, improve local services, save taxpayers money and improve local accountability. That is why we invited formal unitary proposals from all the councils in two-tier areas and their neighbouring small unitaries.
We acknowledge that, for some areas, the timing of election affects their planning for devolution, particularly alongside reorganisation. To help manage these demands, we have considered requests to postpone elections from May 2025 to May 2026. We have been very clear that we would consider these requests only where it would help the area to deliver reorganisation and devolution to the most ambitious timeframe. That is a very high bar, and rightly so. Of these requests, the Government agree that for Norfolk and Suffolk, Essex and Thurrock, Hampshire and the Isle of Wight, and East Sussex and West Sussex, postponement is essential for the delivery of the devolution priority programme and complementary reorganisation. The Government have also agreed to postpone elections in Surrey, where reorganisation is essential to locking devolution options. We had a much larger number of proposals than that but, as I say, it was a very high bar.
I will address the questions posed by the noble Baronesses. I completely disagree with the characterisation from the noble Baroness, Lady Scott, that local authorities are being bullied and blackmailed, and that this is a top-down reorganisation. That is completely wrong. We asked local authorities to put proposals forward, and the fact that we were oversubscribed, with the number of local authorities that did so, shows the enthusiasm for this. I met with a large number of local authorities over the course of the consultation, and they are all very enthusiastic and positive about this proposal. We have driven local authorities to the edge of this then marched them back down the hill so many times. It is time that we just got on with the job.
On the noble Baroness’s points about consultation, we are undertaking extensive consultation in all the areas that I outlined just now. The Government will be starting that next week. We have asked for the local authorities to help us contact their stakeholders—whether they are community stakeholders, business groups or other channels—so that consultation is as wide as possible. We will continue to use consultation as the basis for the plans we take forward.
On council tax, I remind the party opposite that the failure properly to fund local government over many years was the worst thing that happened to social care and children’s services in my time in local government. We need to take steps now to restructure local government to make it sustainable for the future, and to make sure that it works properly to deliver the services that we need now, not the services that were needed 30 years ago.
On how restructuring will put more money in people’s pockets, I note that people will get better services from their local councils. The addition of a strategic level will make sure that every region in this country will benefit from the growth that we hope to see going forward, and every region will contribute to it. I am afraid that the levelling-up mission of the previous Government did not reach out to many areas of our country, so it is now time we did that.
We are of course aware of the issues with council staff, and we will work very closely with the Local Government Association and council colleagues on that.
On the impact on housing delivery, I genuinely believe that having mayors in a strategic role in our local areas, driving forward both housing and growth—in a way that makes sense for their area, which is the important part of this procedure—will be critical to seeing the housing delivery and growth that we want to see.
On the significant levels of debt that the noble Baroness mentioned, it is the responsibility of councils to manage their debts, and it is standard for councils to borrow and hold debt. We will work with local leaders to explore how best to support local government reorganisation where there has been failure, and we will continue to work with best value commissioners to support councils’ financial recovery.
The noble Baroness, Lady Pinnock, raised a number of issues, some of which I have already answered. The devolution of powers from Westminster down to local areas is a critical, once-in-a-generation step that we want to see. I am afraid that I disagree with her point that that is not devolution; I genuinely believe that it is. It will then be for the councils to facilitate further devolution out to the people in their local areas.
The noble Baroness mentioned the democratic deficit. If you look at what mayors have been able to achieve in their areas in improving skills, transport and many other things, you will see that there is no democratic deficit. In fact, the people in the areas that already have elected mayors are really benefiting from that. We have decided at this stage not to return to an alternative voting system, and we will stick with first past the post for these elections.
On district councils, the two tiers make for a complex picture. I was in a two-tier area for all my local government career. Many people do not understand which council does which services. Now is the time to address that issue once and for all, to make sure that there is only one council delivering for the people it serves. It will be for the Local Government Boundary Commission to decide the size of the wards and their representation. As I explained, cancelling elections will give local authorities the space to manage the process in order to get their new structures in place in time for mayoral elections in 2026.
My Lords, I welcome the Statement. This Government are acting with decisiveness to sort out the mess of local government, in a way that previous Governments have neglected. I was a councillor for 20 years, and my Cumbria County Council 2021 re-election campaign was cancelled because of a Conservative Government decision about reorganisation, so I do not think this is a party-political point the Opposition can honestly make.
What Labour is trying to do here is to create a reasonably uniform system of local government in this country, with elected mayors playing a crucial role. Is this not a foundational step—I ask this in response to the noble Baroness, Lady, Pinnock, whom I greatly respect —towards greater devolution of powers and money from Whitehall to the newly created, much more efficient local authorities?
I thank my noble friend for that genuine advocacy of local government; I share his faith in local government delivering for the people it serves. The White Paper sets out this ambitious new framework for English devolution, moving power out of Westminster to those who take decisions for and with their communities. We want to see all of England access devolved power by establishing the strategic authorities, and a number of councils working together over areas that people recognise—that is the important point, because this is coming from local areas—and that can make the key decisions to drive economic growth.
My noble friend is quite right that elections being postponed to drive forward such programmes is not unique to our Government. Following these decisions, of the 33 council elections originally scheduled for May 2025, 24 will take place, with nine being delayed to May 2026. Previous Governments have taken similar decisions that it was necessary to postpone elections to give councils the space to do the work necessary.
My Lords, the noble Lord referred to consistency between authorities. The average number of electors in a London borough is 173,000, and in a small unitary it is 237,000, but the Government plan to have new councils consisting of half a million people. That is inconsistent with democracy, and with what the noble Lord said.
Yesterday, I asked the noble Baroness what we are going to do about electoral equality, and she answered that the Boundary Commission will work to ensure consistency within authorities. But the thrust of my question is: what about consistency between them? I have the fourth-oldest outstanding Written Question on the Order Paper, on page 16, which asks about the capacity of the Boundary Commission to undertake this work. When does the noble Baroness intend to answer my Question—or would she like to accompany me to the Tolpuddle Martyrs Museum in Dorset on a day trip, where she can understand how the fundamental principles of equality of representation across all electoral areas can be ensured?
I thank the noble Lord for his offer to visit the Tolpuddle Martyrs Museum. I have already been there. However, I did pick up his point about the need to enhance and promote visits to that museum; it is a very worthwhile visit.
I answered a number of questions yesterday about the electoral reviews in the areas concerned. It is very important that the Local Government Boundary Commission for England is allowed to do its job properly. The department has, of course, been talking to the commission throughout this process about the work it will need to do as a result of the changes we are making to local government. It is ready to help both with boundary reviews, where necessary, and with the boundaries for the new authorities and the boundaries within those authorities. I explained yesterday the criteria that the commission uses to do that. It has very strict criteria, and I am sure it will keep to those, as it has done during all the time it has been operating.
My Lords, the White Paper seems to have a dreadful confusion between local and regional running throughout it. Does the Minister share my concern about the low level of public trust in democratic politics throughout England? I live in a city where wards average 15,000 people each, and local councillors find it very difficult to keep in touch with all the communities in their ward. The problem in our cities is that we are in danger of having a structure that is so distant from the local communities that people lose trust in and contact with democratic politics. Participation falls, and mistrust in our political system grows.
My second question is on accountability. We are told that mayors are going to be held strongly accountable, but as I read the White Paper, they are going to be accountable mainly to the Secretary of State, not to local councillors as such. That seems to me another way in which this is a false devolution and a real delegation. Can the Minister address those two questions?
First, I share the noble Lord’s concern about mistrust in politics, but local government is the most trusted part of the political system, far more trusted than national politicians. I make that point to him. Of course it is right that the sizes of ward boundaries or divisional boundaries are appropriate for councillors to fulfil their need, but it is also important that those sizes are appropriate for the area that they represent. I am sure that the Local Government Boundary Commission for England will be taking great account of whether areas are majorly urban or rural and all the issues that it normally takes into account.
On mayoral accountability, it is not the case that the mayors will just be accountable to the Government. The White Paper sets out very clearly that there will be local public accounts committees in place and that the constituent parts of the combined authorities—the unitary authorities that sit within them—will have all the usual accountability mechanisms for those local authorities. They will have scrutiny and overview committees, they will explore the decisions of the Executive and the mayor will have a similar process at their level. So accountability will sit at the heart of the system. We will also mend the very broken audit system that has been left as a legacy from the previous Government and which has not worked for a number of years. The Government intend to address that and that is set out in the White Paper as well.
My Lords, we know, because it is spelled out in the second sentence of the Statement, that the number 1 mission of this Government is to unlock growth in our regions and put money in the pockets of working people. Does the Minister not agree that the first way to take that forward is to stop sucking money out of the regions and then, secondly, provide additional resources and launch initiatives to catalyse growth-creating activities on the ground? I declare that I too am a resident and council tax payer in Cumbria.
Well, it very much seems that Cumbria is our happy place this afternoon.
I worked very closely with the politicians in Cumbria to get to where we are and am very pleased to see what they are doing. The noble Lord is quite right about local people taking decisions. The Government set an overall framework around these things, but this is absolutely right. Economies are different in every area and their needs, in terms of skills and training and infrastructure to support those economies, are different across the country. Therefore, it is very important that those decisions about strategic growth are taken locally. I agree that it is time that we got those powers, and the funding to enable that, out to the areas where they can do the best job.
My Lords, does my noble friend the Minister agree that the noble Baroness who speaks on behalf of the Conservative Party has a short memory? It was the last Conservative Government who held a gun to the heads of local councils, withholding funding unless they had a devolution deal. On finance, they not only cut the budgets in local government by 30% but fixed the system to move money from poor areas to rich areas—confirmed by Rishi Sunak in his leadership bid. Debt was encouraged by the Government at the time; getting into speculative development to plug the hole in local government finance. Does the Minister also agree that there are success stories in unitary councils, one being Durham County Council, which came into being in 2009? It abolished seven inefficiently led local district councils which, if they had still been in existence, would have gone by the by because of austerity.
I thank my noble friend. I very well remember that speech from the former Prime Minister. We have already taken some steps during this year’s spending round to switch the funding formula back to where the need is most in our country for local government. We have put additional money into key areas such as special educational needs and adult care services. We made a further announcement yesterday about more funding for affordable housing, particularly to improve the quality of temporary and emergency accommodation.
In the spending review in the spring, we will do more to shift the balance back so that the spending review for local government will follow the needs in local areas. As we do that from one side, we also have mayors and unitary councils and strategic approaches; as each part of the country begins to grow, everybody will benefit.
My Lords, I remind noble Lords of my registered interest in relation to Cambridgeshire and Oxfordshire. Those are two counties that will have county elections this May, yet they have received letters from the ministry saying that they must present initial plans on 21 March, which I assume is the day before purdah for those elections. Does it make any sense at all for those initial plans to be sent before the elections and before any administration that has been elected can come into place and put forward initial plans? Will the Minister delay that request from 21 March to the latter part of May at the very earliest?
I can give the noble Lord a very straightforward answer to that. No, we will not delay it, because we have a number of partners in local government coming to us who want to take part in this process. The proposal put forward on 21 March is an outline proposal; where there are new Administrations elected in May, there will be several months until the final proposal is due, which is at the end of November, where they can continue engagement with the Government and other partners, including the districts, to develop those final proposals.
If a new administration is elected in May, it is of course within their gift to depart from the interim plans set out by a previous administration, but we will continue working with all partners until we get to the 28 November deadline, when we expect final proposals to come in.
My Lords, as police and crime commissioner for Leicester, Leicestershire & Rutland for five years, I very much enjoyed working with two unitary authorities in Leicester and Rutland, Leicestershire County Council and seven districts. It was hard work. I do not think we have yet heard enough—maybe it will take time to develop—about what the, hopefully, advanced role will be for parish councils and town councils once the districts disappear in areas in counties. It is a vital role. It may well be that the Government are thinking of increasing their powers to a limited extent—obviously that would require funding as well. If the districts are to disappear, there should be an advanced and improved role for town councils and parish councils.
My noble friend makes a very good point. I have been working with the parish and town councils and their organising bodies: NALC and the society of town council treasurers. We started on a process of working out their role in this new model. I think it is a very interesting opportunity for them. I know my honourable friend in the other place is very keen on developing the role of community councils, so they definitely have a role to play in this new system.
The other exciting opportunity is for community councillors in this new picture, because they will have exciting opportunities in their local area to drive forward local issues. They will be working with one council, instead of having the split responsibilities that I have experienced during my council life in a two-tier area. So there are great opportunities for both town and parish councils and community councillors.
My Lords, I declare my position as a vice-president of the Local Government Association. The noble Baroness, Lady Pinnock, referred to the iron grip of Whitehall. What we have here is a plan for not devolution but concentration of power, and the Statement says as much:
“the Government will have the tools to ensure delivery. We will create strong accountability measures … to ensure that mayors deliver the housing, transport and infrastructure that their residents need”.
This is explicitly a Statement making mayors the agents of the priorities of central government. If a Green Party mayor was elected with the priorities of improving the health and well-being of the population, focusing on a healthy local food supply, looking after green spaces and biodiversity, tackling poverty and inequality, particularly affecting children and pensioners, and improving local economies built around small independent businesses rather than exploitive multinational companies, would the Government then impose their priorities against those of the local people?
I am sorry, but I think the noble Baroness has misunderstood the wording that she just read out. The point is that the Government will set the growth agenda and say that we want every area of the country to grow, and it will be for mayors to determine how that works in their local area. She is shaking her head, but that is the idea behind the policy. The whole drive of it is that each local area will be driven by people who know it and its economy, people and communities well, and they will take forward the right proposals for growth for their area. If, for example, we look at what has happened in Manchester in terms of its transport schemes and at some of the other mayoral authorities which have developed skills programmes that are relevant to the needs of the local area, I think it is clear that those people acting at local level will best drive forward the growth of this country.
In Cornwall, we joined Durham about 15 years ago and became unitary. It was very popular because Cornwall is long and thin, and it needs a lot of different organisations and centres of districts to make it work. It has worked because there are local people in local offices as well as in the county council, but the most important thing is that, even for that to work, the Tory Administration last year decided that the leader of the council should become a mayor. We could not really work out why it was a good thing for her to become a mayor, apart from the fact that she would earn a great deal more money, but, of course, that was not very popular with the people of Cornwall. It is important that the criteria for electing mayors and the members of these new organisations are clear and concise. We can make it work, but we just have to have a few tweaks.
I thank my noble friend for being the champion of Cornwall and the south-west, which we are used to him doing. Cornwall does indeed have a unitary authority. It has not come forward in this round for any changes, but I know that, right across the south-west, active discussions are going on about what should happen there, and I look forward to working with them to deliver it.
I know the devolution journey is not always comfortable for politicians in Whitehall; it is not supposed to be. We are undergoing a generational power shift from Whitehall to our town halls. We have seen a huge amount of good will from Secretaries of State willing to give up newly won powers for the sake of our towns and cities. We are taking a step closer to taking back control and rebuilding our country from the ground up. I look forward to working on it.
(1 month, 2 weeks ago)
Lords ChamberMy Lords, the Future Homes and Building Standards consultation, setting out proposals for new energy efficiency standards, was published at the end of 2023. It included proposals for fitting new, non-domestic premises with solar panels. The consultation received over 2,000 responses. We have carefully considered the feedback received and, while I do not want to pre-judge our detailed policy announcement, I can say that this Government recognise the vital role of rooftop solar in contributing to the clean energy mission and that we are therefore keen to see solar panels deployed on all buildings where it is appropriate and practical. We intend to publish the government response in the coming months.
My Lords, I thank my noble friend the Minister for her reply; I know how passionately she feels about this issue. Is she aware that only a ridiculously small number of industrial and commercial premises are fitted with solar panels? There has been just too little urgency for many years to change that outrageous state of affairs. I live near what is called the largest logistics park in Europe and have been informed that there are no solar panels on any of the vast number of buildings that make up the park. Can the Government ensure that this national scandal is treated as a matter of urgency?
I thank my noble friend for his comments. Of course, it is vital that we get on now and get this moving as quickly as possible. The future buildings standards consultation outlined a number of proposals for new non-domestic buildings and we need to expand that to existing non-domestic buildings. We are ambitious and believe that the standards we set are technically achievable and affordable across all sites. We are working very closely with colleagues in the Department for Energy Security and Net Zero to confirm the technical detail of these standards. As soon as we can, we will make sure that we do what is necessary to get this out to as many non-domestic buildings as possible. Your Lordships have my personal commitment to that, as the noble Lord kindly said.
My Lords, I refer to my interests in the register. Can the Government look also at all government buildings, because there are a lot of savings we can make? I am pleased to say that Leicester City Council has started to look at how it can issue tenders for solar on its properties in the city.
I thank the noble Baroness and congratulate Leicester on the work it is doing in this space. It is important to say that current standards, introduced in December 2021, already encourage the use of solar panels in non-domestic buildings, and they are expected to produce around 27% lower carbon emissions compared with those built to the previous standards. To meet the 2021 standards, they are expected to be built with very high fabric standards and improved building services, including heat pumps and solar panels. When we make our announcement, we will encourage as many non-domestic building owners as possible to take that on board and to use every technique they can to improve the standards they work to, including on government buildings.
My Lords, I declare my interest as chair of Peers for the Planet. The Minister’s remarks about the consultation and its results were extremely encouraging and I am grateful to her for them. She spoke about the role of solar panels in the Government’s clean energy mission, but does she agree with me that, particularly for industrial buildings, the fitting of solar panels makes economic and financial sense and gives the people working in those businesses and buildings both energy sufficiency and lower bills?
I agree with the noble Baroness that the fitting of more efficient energy methods contributes to both the energy security of our country and the efficiency of those buildings. It is very important that we focus on that as much as we can and we will do all we can to encourage that with non-domestic buildings. Some technical issues came up as part of the consultation responses—we had 2,000 responses, including some on the fitting of solar panels to roofs and other efficiency measures—and it is important that we look at them before we issue our statement.
My Lords, one of the big challenges in encouraging more solar panels on large industrial premises is the lack of ability to connect to the national grid. I am sure that the Government are aware of that challenge, but what are they going to do about it?
The noble Baroness raises a very important question for all the growth that we are predicting for our country. My colleagues in the Department for Energy Security and Net Zero are working very closely with the national grid to improve grid capacity; it will be essential to have that going forward. We need to make sure that that is the case, both to drive the growth that we want to see, because energy is vital to that, and to keep our energy security for the country the way we want it as we grow the economy.
My Lords, there is currently a potential conflict between the Government’s desire to ensure all rental homes have a minimum EPC energy efficiency rating of C and planning restrictions for buildings that are either listed or in a conservation zone. This is forcing many housing associations to look at selling many affected but much-needed affordable homes. What will the Government do to address this issue?
We have had issues around energy efficiency improvements to heritage and listed buildings. It is important to get the balance here right, though. Of course, we want to drive energy efficiency and we will be working with all the conservation associations, including Historic England, to look at what more we can do to drive energy efficiency as effectively as possible while still preserving the very important heritage aspects of the buildings in this country.
My Lords, could the Government consider making it a legal requirement? Even the terrible Government of the past 14 years tried to encourage people. But that does not work. You need to make it a legal requirement. And it is popular. I do not understand why this Government do not go for a popular policy for a change.
We have a whole range of popular policies, which, I suggest, is why we are here and the other side are not. We are considering measures. We put extra measures into the national planning policy framework and we will continue to do what we can. I like to encourage people where possible. If that does not work, we may have to look again. It is very important that we do everything we can to sell the benefits of having solar panels and other energy-efficient methods of generating heat and other forms of energy and we will continue to do that.
My Lords, it is frequently quoted that ground-mounted solar installations take over 0.1% of UK land, which will increase to 0.3% when our net zero ambitions are met. However, I have figures that suggest that 0.44% of UK land is already committed for ground- mounted installations, with the geographical distribution concentrated in the breadbasket of south and east England. This means that Nottinghamshire, for example, is likely to have 4% of its ground area covered with solar panels. The use of land, as well, is disproportionate; important grade 2 and grade 3 agricultural land is being used. Is this consistent with His Majesty’s Government’s commitment to food security?
My Lords, the Government are being quite clear on this: while we support ground solar installations, premium grade agricultural land should not be used for that purpose. We are very clear on that point and we continue to strive for the right balance right between ground-based solar and roof solar.
My Lords, can the Minister tell the House when the Government intend to publish their much-anticipated solar road map and whether that road map will contain a detailed plan to support investment in domestic UK solar supply chains and manufacturing?
The noble Lord makes a very important point. I am very interested in supply chains. Some fantastic, innovative technology is being developed in this country that I think will take us a long way ahead. There are significant issues about developing our manufacturing capability here, but we are working very closely with our colleagues in DBT and DSIT to do what we can to promote that. I cannot give the noble Lord an exact date for the solar road map, but I will come back to him in writing on that.