Housing and Planning Bill
Debate between Baroness Whitaker and Lord Clement-Jones
Baroness Whitaker
My Lords, I declare an interest as an honorary fellow of the RIBA. I shall speak to Amendments 94A and 95A, so persuasively introduced by the noble Lord, Lord Best, and Amendment 101BA, in my name. The noble Baroness, Lady Hodgson of Abinger, who regrets she cannot be here, also supports these important amendments, as does the noble Lord, Lord Clement-Jones. So there is all-party support for amendments which are intended to ensure that, in the radical changes to planning processes envisaged by permission in principle, the all-important role of good design is guaranteed. Why is it all-important? Because good design has a fundamental effect on well-being, environmental quality, and the long-term economic value of buildings and competitiveness of places, and because it is at risk in the new procedure proposed.
We heard in the Select Committee on National Policy for the Built Environment, which reported on 19 February, powerful evidence that health, employment prospects, access to services and amenities, were all improved by design which respected good place-making. The Minister responsible, Brandon Lewis, said to us that,
“an increased focus on good quality design could help us to deliver more homes, at a quicker pace, which communities can feel proud of”.
Planning authorities are the custodians of their local community’s requirements for the right design for their place. To substitute for their discretion an as-of-right regime is to risk issuing a blank cheque for the design of the development. It means that the all-important factors of height, density, landscape, layout, connections for transport and access, to name but a few, need not be considered from the outset. But it is at the outset that they should be thought about. These are not matters of detail, as the Bill would have us believe, but fundamental development parameters that determine the suitability of the development, both to its place and to the needs and aspirations of communities. This is how the National Planning Policy Framework—a very good achievement by the Government—envisages the role of design, and it is the right one. Without consideration of these matters of place-making, how will communities know how developments impact on surrounding areas, on the environment and on the sense of place? Yet they are being asked to give their approval without due regard to these matters. This is surely a recipe for nimbyism.
These amendments all reinforce the essential consideration to be made right at the beginning of a development process, in accordance with the NPPF, of what sort of place will result. The site-specific guidance need only set out the fundamental design requirements and should be relatively easy and quick to prepare, either by the local authority or by the developer. It can be done for an area as much as for individual sites, but it would be a tremendous advantage. It would be an invaluable way to strengthen the hand of planning authorities now that they have been so hollowed out by local authority cuts in staff and expertise. Our recommendation in the Select Committee report is prefaced by the sentence:
“We are anxious to ensure that moves towards a permission in principle do not undermine the capacity of local authorities to develop, design and integrate key sites in a way that ensures that they function effectively and respond to local needs and aspirations”.
Finally, the implementation of these amendments would make it easier for local communities to accept the development that is necessary to provide the housing we need, as the noble Lord, Lord Best, said. They can involve public engagement early on in the process as well as provide an opportunity to establish what is important to local people. All the evidence suggests that a little more effort spent establishing the key principles at the start can greatly smooth and shorten the process of planning and development overall. I urge the Minister to respect her Government’s NPPF and accept them.
Lord Clement-Jones
My Lords, I rise very briefly as a member of the Select Committee to support Amendments 94A and 95A, so ably spoken to by both the noble Lord, Lord Best, and the noble Baroness, Lady Whitaker, and simply to draw the Minister’s attention to a couple of paragraphs in the Select Committee report which directly bear on the planning-in-principle point. Paragraph 143 says:
“These proposals have caused some concern. It was suggested that ‘principle’ and ‘detail’ in the planning system were closely related”.
One particular witness is quoted as saying:
“This negates the whole basis of the fact that detail and principle in planning are intimately related. How is it possible to give permission for something in principle, without understanding its detailed design or flood risk mitigation or sustainable urban drainage or proportion of social housing? I could go on. It misunderstands the intellectual process of making planning decisions”.
So the Select Committee came to the conclusion in paragraph 148:
“We are anxious to ensure that moves towards a permission in principle do not undermine the capacity of local authorities to develop, design and integrate key sites in a way that ensures that they function effectively and respond to local needs and aspirations. The relationship between principle and detail is important in the planning system. We recommend that the Government should carefully consider the impact its reforms could have upon this relationship. As a minimum, it is important that the process of granting permission in principle and Technical Details Consent should give due regard to design quality, sustainability, archaeology, heritage and all the other key components of place-making that would normally be required for the granting of planning permission”.
This amendment precisely reflects those concerns and I very much hope the Minister will have due regard to them.