My Lords, the Government place communities at the heart of the planning system. We have gone further than ever in giving communities the power to develop neighbourhood plans that set the planning policies for their area. The strength of feeling in this House on the issue of a neighbourhood right to appeal was made very clear. However, with more than 150 adopted neighbourhood plans in England, and more than 1,700 more at various stages of completion, the introduction of a right of appeal could have far-reaching consequences. As I have reiterated in these debates, we believe that a third-party right of appeal would add complexity to the planning system and slow down housing delivery.
We trust communities to shape future development through neighbourhood plans. We trust local planning authorities to take decisions for sustainable development and to listen to their communities. We cannot maintain a balanced planning system if every decision to approve a sustainable development is open to a lengthy and costly appeal.
The other place—the elected House—did not accept the Lords amendment on a neighbourhood right of appeal. It has rejected it twice without even a vote, so this is not the time to push any further. I hope that I can reassure noble Lords that they have been heard. The Minister for Planning and Housing has given an undertaking to the other place that he will look into this matter further.
I am obviously disappointed that your Lordships’ House did not previously support the Government’s amendment in lieu, which would have ensured that local planning authorities provided a very clear explanation of why the authority could justify recommending a decision that would conflict with a neighbourhood plan. However, we have the opportunity to return to this matter now. The Government’s amendment in lieu would require local planning authorities to set out in any report to a planning committee that recommends granting planning permission how any neighbourhood plan has been considered. They will also be required to identify in the report any conflict between their recommendation and the neighbourhood plan. This will ensure that the planning committee cannot fail to appreciate how the development accords with the neighbourhood plan and provides communities with the opportunity to raise any further concerns directly with their local councillors or to attend and request to speak at the planning committee. It also draws attention to the issues of conflict in case the community wishes to request call-in by the Secretary of State. Let me be very clear that communities can request that any application is considered for call-in before a decision letter is issued.
This added level of transparency and explanation will ensure that local planning authorities are absolutely clear about how they have balanced the neighbourhood plan against other material considerations that they are required to take into account. This amendment is a proportionate and appropriate response to ensuring that neighbourhood plans are given the respect and consideration they deserve. I beg to move.
Motion C1 (as an amendment to Motion C)
Moved by
Leave out from “House” to end and insert “do insist on its disagreement with the Commons in their Amendment 97A, do not insist on its Amendment 97B, and do propose Amendment 97D in lieu of Amendment 97A—
My Lords, just to say to the noble Lord, Lord Kennedy, I will chase my noble friend. I think he might have gone to get the letter, actually.
It is helpful that the noble Baroness, Lady Parminter, has revised the carbon compliance standard in her new amendment, but we still do not know the risks it may pose to the viability of home building in some parts of the country, or the impact it may have on the home building industry, particularly some small builders. We need a clear understanding of what is technically possible, viable and cost effective to make any changes to energy performance standards for new homes. That is why we are introducing a statutory duty on this Government to undertake a full and comprehensive review of energy standards based on cost effectiveness and the impact on housing supply. We will report back to this House on the outcome of the review within the next 12 months.
The other place has given its considerable support to this review based on cost effectiveness, and it is supported by the Home Builders Federation—the main trade body that represents home builders of all sizes. The Housing Minister in the other place also pointed out the following yesterday:
“We said in our manifesto that we will meet our climate change commitments and that we will do so by cutting emissions ‘as cost-effectively as possible’. The electorate voted for that and the review will help to ensure that we can deliver it”.—[Official Report, Commons, 9/5/16; col. 463.]
So before the other place considers any changes to energy performance standards, home builders and the electorate think that we first need to have an understanding of what is cost effective. Is it right that we should go against their views?
Finally, I remind the House that it is not prudent to set requirements such as this in primary legislation. If, in the light of consultation, any slight adjustment to requirements were needed, we would not be able to do so without further primary legislation. Therefore, I ask the noble Baroness, Lady Parminter, to withdraw her amendment.
My Lords, I am deeply disappointed that the Government do not feel able to accept this amendment. While I heard what the Minister said, it is still not clear exactly how the Government will meet their binding climate change commitments if they will not accept the amendment. They talk about doing so in a cost-effective manner, but the trajectory of the roadmap is unclear if we do not propose a building standards target.
The Minister talks about the risks the amendment might pose to building homes, yet we know that local authorities up and down the country already insist on this standard as a condition for planning permission. We know that London is going further and that Scotland is taking this forward in an effective way. My contention, therefore, is that the Government have not been able to prove beyond reasonable doubt that their measure will not stop us building the houses we need; it certainly will not help us to meet our greenhouse gas targets or our fuel poverty obligations.
Even if we accepted the case for a review, there is absolutely no commitment in what the Minister has said today to government action at the end of the review. Nothing might happen. It was the Chancellor who last year cancelled and scrapped the zero carbon aims, and it was the previous Secretary of State who cancelled the code for sustainable homes, and I am afraid that that does not give me enough comfort that there is a real and genuine commitment to act. Similarly, the Minister again talked about cost effectiveness. Yes, we need homes that are cost effective but we must at the same time meet our greenhouse gas targets and contribute to our fuel poverty obligations. It is those three things together, not just cost effectiveness.
This amendment is another compromise, and it should be accepted this time. It would make a significant contribution in delivering the homes we need, in meeting our greenhouse gas targets and in lowering fuel bills. I deeply regret that the Government will not accept it, and I wish to test the opinion of the House.
My Lords, I appreciate what the noble Lord, Lord Krebs, said about his committee reporting back next summer, so I will work, as I hope I always do, with noble Lords constructively towards a suitable timescale, though I cannot give the commitment at this point.
My Lords, I thank the noble Baroness for those remarks. They are indicative of the thoughtful and careful way in which she has handled negotiations on this difficult Bill. I am grateful for the time she has given to me and to other Members of this Chamber, particularly on this issue. I know it means so much to her and to other Members around this House. It will directly affect home owners who have already, in recent months, been so devastatingly affected by flooding. We have to ensure that houses we build in future do not lay them open to unnecessary flooding risks.
I am clearly disappointed that previous amendments which I think were reasonable were rejected but I accept the kind offer from the Government of a review. The Minister has given reassurances from the Dispatch Box around the thoroughness of the review and working towards a date to enable comments to come forward in a timely manner so that the House can hear from the Committee on Climate Change. I beg leave to withdraw the Motion.
My Lords, I thank the noble Baroness, Lady Parminter, and the noble Lords, Lord Stunell, Lord Krebs and Lord Kennedy, for speaking to this amendment. We share a common goal of wanting all new homes to be very energy efficient. I wrote to the House last week setting out the Government’s intentions on this matter.
Over the previous Parliament, we significantly strengthened the energy performance standards for new homes—a 30% improvement on the requirements before 2010. I thank the noble Lords, Lord Stunell OBE and Lord Foster of Bath, for their excellent work as Building Regulations Ministers in the coalition Government in delivering significant improvements in standards for new homes. New homes built to this standard are very energy efficient. They have A-rated condensing boilers, double-glazed windows with low-energy glass, and high levels of insulation and airtightness in their construction. These standards are reducing energy bills by an average of £200 annually for a new home and saving carbon, compared to standards before 2010.
The most recent changes to the standards came only in April 2014, and we think it is right to give the housebuilding industry breathing space to build these highly energy-efficient homes before making further changes. There are also concerns that making homes even more energy efficient and airtight could contribute to the risk of overheating in new homes. The Committee on Climate Change, which the noble Baroness, Lady Andrews, referred to, raised this in a report published in June last year. This is another reason to let the recent changes bed in and to allow time for a better understanding of the overheating issues raised in the report.
It is also recognised that the latest standards have pushed the fabric energy performance of homes to the point where further increases may result only in marginal energy efficiency returns. To meet the higher standards, housebuilders would need to consider further costly technical solutions for providing heat and power to the home—for example, photovoltaic panels, solar hot water systems, and air or ground source heat pumps.
However, we are not ruling out further improvements to standards. We know that they need to be kept under regular review, and we are committed to doing this and to introducing any cost-effective improvements to the standards. This review will include meeting our obligation in the energy performance of buildings directive to undertake a cost-optimal assessment of our energy efficiency standards. It will involve seeking evidence on the costs of energy efficiency measures and the benefits in terms of fuel bill savings and carbon savings. Current standards will be assessed against these to see whether they are cost optimal. If there is room to go further, the directive requires member states to take action to strengthen these standards.
As part of the process, we will seek the expert views of the Building Regulations Advisory Committee. We would also welcome evidence from the industry and others. In particular, we would like to receive evidence from the Committee on Climate Change, as well as from noble Lords in this House. We expect work to conclude in the autumn, to give time to reflect on the conclusions, to report to the Commission next year and to consider what needs to be done in any future Building Regulations. We would be happy to keep noble Lords apprised of the progress with the review and its conclusions.
The directive also requires us to introduce nearly zero energy building standards for new public buildings from the end of 2018 and for all new buildings from the end of 2020. We have already transposed the aims and timings of this requirement into the Building Regulations. I hope this reassures your Lordships that we are committed to a review and to introduce nearly zero energy building standards by the end of this Parliament, and therefore that the proposed clause is not needed.
In addition, the proposal does not cover a significant proportion of new homes—flats in high-rise blocks, of which we see so many in London. The carbon compliance level for flats in the proposed clause is based on work undertaken by Zero Carbon Hub for flats in blocks of up to four storeys only. The hub recognised that more work would be needed to develop levels appropriate for high-rise blocks. For instance, the use of photovoltaic panels, which the hub considers the most cost-effective means of meeting the levels proposed in the new clause, is more limited on high-rise blocks because there is proportionately less roof space available per apartment in the block. Any changes to the Building Regulations flowing from the upcoming review will require a full consultation, which will include draft technical guidance on how to meet the changes—guidance that will cover all homes, from detached houses to high-rise flats.
As well as being unsuitable for high-rise flats, it is not prudent to set requirements such as this in primary legislation. If in the light of consultation there needed to be any slight adjustments to requirements, we would not be able to do that without further primary legislation. We also do not need new powers to set energy performance standards in the Building Regulations, as the Building Act 1984 already allows us to do this. We must also remember that the Building Regulations set minimum standards for all homes—big and small—and cover all of England, including areas where homes are much needed but where there might be viability issues.
The Federation of Master Builders has pointed out that increased construction costs to meet higher standards have a greater impact on smaller builders. Higher regulatory standards may also make housing development unviable in some areas. The federation, which represents more than 13,000 small and medium-sized builders, was supportive of last July’s productivity plan announcement on zero-carbon homes, saying at the time:
“Small local builders typically build more bespoke homes, with a strong focus on quality and high standards of energy efficiency. Yet over recent years it has been these smaller firms which have been hit disproportionately hard by the rapid pace of change. This burdensome regulation came at a time when SME house builders were beginning to recover and build more new homes which is crucial if we want to keep pace with the demand for new housing. The Government is therefore right to remove the unnecessary zero carbon standards which threatened to perpetuate the housing crisis … There has been an increasing feeling that the standards were in danger of running ahead of the industry’s understanding and ability to deliver”.
We therefore need to consider whether it is realistic for the majority of builders to deliver even higher standards without unduly affecting site viability or housing delivery.
The noble Lord, Lord Stunell, asked about costs and prices in Hertfordshire. I cannot provide those figures at this point, but I have some more general information, which is that construction costs nationally for new homes have increased by just over 2% a year over the past five years. Land prices have risen by about 7%, including inflation. Those increases in land prices and construction costs, which fall on housebuilders, have not been converted by increased house prices, which have risen by only 4%, so there is a potential viability gap. Where land prices have not risen or land values are very low to begin with, landowners are less likely to be willing to release land if housebuilders have to reduce the price that they can pay for land in order to offset costs.
Volatility is another factor. There is significant regional variation in land costs for residential development, and prices can be volatile at local level, as we know. That volatility can increase the risk to housebuilders.
Therefore, although I appreciate the intention behind the new clause, I hope that I have reassured noble Lords that it is unnecessary, given that the Government are absolutely committed to completing a review of standards. I therefore ask the noble Baroness to withdraw the amendment.
I thank the Minister for her reply, and thank noble Lords who have spoken in support of the amendment: my noble friend Lord Stunell, the noble Lords, Lord Kennedy and Lord Krebs, and the noble Baroness, Lady Andrews.
The Minister seems to be repeating some of the objections raised in Committee. I say that most respectfully, because I have been most grateful for the way that she has engaged with us one to one to listen to our arguments, as other noble Lords mentioned.
I have not heard anything this afternoon to change my view of why the amendment is needed. The Minister again makes the case for a breathing space being required, but these standards were agreed by the industry before the Chancellor took them out of the process last year. She talks about not ruling out a review, but why do we need to wait for a review? She has been unable to provide any evidence that the amendment would stop what we all want, which is for more homes to be built. She has not countered the evidence we have provided that it will lower energy bills, which is so important to countering fuel poverty. She has given us no answer as to how the Government will meet their greenhouse gas emissions targets if they do not take up the opportunity that we are providing in the Bill, given that buildings are the most cost-effective means to make reductions to meet our greenhouse gas targets.
On that basis, with regret, I wish to test the opinion of the House.
My Lords, I thank the noble Baroness, Lady Parminter, for raising this very important issue, and the noble Baroness, Lady Andrews, for pointing out the feeling of the House on the matter. I share it; I know, following the devastation of this winter’s floods, that we are all keen to ensure that new housing development is brought forward only when it is safe from flooding and without increasing flood risk everywhere.
Following the floods in December, the Government are taking action but we can go further. I am keen to listen to the House and consider how we can respond to the proposals. I recognise that there is unease about the ability of the planning system to deliver sustainable drainage. The new, strengthened policy came into effect in April last year and it will take some time for developments affected by that policy to reach completion before it is possible to reach a clear view on its effectiveness. To date, the vast majority of the available evidence on take-up of sustainable drainage systems predates the introduction of the policy change.
However, following helpful conversations with noble Lords last week, I can confirm that, in response to the amendment, we commit to undertaking a full review on the strengthened planning policy on sustainable drainage systems by April 2017. I can also confirm that we will take action to make changes, including closely examining the need for any legislative measures, if evidence shows that the strengthened policy is failing to deliver. I am keen that the review is informed by a wide range of experiences and hope that noble friends and members of the Adaptation Sub-Committee will play an active part in taking it and any recommendations forward. Officials are developing a plan to identify what further work is needed to improve our evidence on the effectiveness of the policy, including the take-up of sustainable drainage systems in new development. They will welcome the opportunity to work with stakeholders on this.
As well as these commitments, we have established the national flood resilience review, led by Oliver Letwin, to assess how the country can be better protected from future flooding and increasingly extreme weather events. This review will identify any gaps in our approach and pinpoint where our defences and modelling need strengthening, allowing us to take prompt action. The review is due to report in the summer.
The Government are committed to ensuring that development is safe from flooding and the delivery of SuDS is part of our planning policy. We also recognise the importance and benefits of sustainable drainage systems in our planning guidance, for not only reducing the impacts of flooding, but removing pollutants from urban run-off and the added benefits for amenity, recreation and wildlife. I hope, with this reassurance, that the noble Baroness will feel free to withdraw her amendment.
I thank the Minister for her remarks and colleagues around the House for their support. The Minister made the point that some of the evidence we used predates the introduction of the presumption in planning. Some of it does; some of it does not. It would have been a lot easier for this House to hear the arguments more clearly if the Government had done any serious monitoring in the last year since this presumption was introduced. When, in Committee, the noble Baroness, Lady Young, asked the Minister what monitoring had been undertaken, the response we received, although I am grateful for the clarification, was that the Government had spoken to eight stakeholders. On an issue of such significance, I am afraid that conversations with stakeholders do not constitute significant monitoring of the problems, such as why developers can use the opt-out of viability so that they do not include sustainable urban drainage systems; the quality of the SuDS being introduced; and the other problems we referred to this afternoon.
There is quite clear evidence from the National Flood Forum and others, as has been articulated, of a problem now. Let us not forget that this presumption in planning excludes all small sites of under 10 houses. Particularly in rural areas, this is causing a major problem of flood risk. A review of the existing policy would not even look at that issue.
I welcome the initiatives that the Minister has made. She has gone above and beyond in trying to take seriously the issues we raise. We accept the passion that she has for this issue. She has articulated on several occasions in this House how serious the flooding issue is. We of course welcome the flood review that Oliver Letwin will introduce in the summer, but that is nothing new; it has been on the cards for some time. Our concern is that the Bill will introduce a significant number of new homes. The review that the Minister mentioned, which would conclude next April, might bring forward legislation, but, looking to my right to the noble Baroness, Lady Royall, there are issues such as forestry, which are the subject of government commitments. We know that the Minister takes forestry seriously, but we are still waiting for legislation on forestry.
On the evidence we have of the lack of monitoring of this issue over the last year, I do not feel, although I appreciate the steps that the Minister has made, that the option of a possibility of legislation, following a review that we knew was going to happen anyway, is enough for an issue considered so serious by this House. Therefore, I, again reluctantly, wish to test the opinion of the House.
I am not sure I can undertake to give extra powers to national parks today, but I have a lot of sympathy with what the noble Lord said. It is precisely why TPOs were instigated in the first place. I used to get very angry as leader of a council when a tree mysteriously died in the middle of the night in order for a development to go ahead.
My Lords, there is a statutory register for nationally significant features such as scheduled ancient monuments, protected species and listed buildings. Given what my noble friend Lord Scriven said about how easy it is for trees to be neglected, damaged or lost, do the Government accept that there is a case for similar recognition and protection for trees of national special interest?
My Lords, councils expend an awful lot of time and effort in maintaining their highway trees, which I think is what the noble Lord was referring to, and it is important that they continue to do so, particularly where some of those trees that were planted perhaps 70 or 80 years ago have grown far too big for the environment in which they sit.
(8 years, 5 months ago)
Lords ChamberMy Lords, in the absence of the noble Baroness, Lady Andrews, who has a long-standing engagement in Cardiff, I rise briefly to move this amendment. The Government have said that the clauses are intended to aid regeneration projects on brownfield sites through allowing covenants, easements and other rights to be overridden more easily by public bodies. However, the clause would also affect covenants and rights held by the National Trust to conserve some of our most special and valued places for everyone to enjoy. I declare an interest as a member of that august organisation, as I am sure are many Members around this House.
Typically, these covenants and rights apply to land surrounding National Trust-owned land, to buildings or land not owned by the trust but which have historical significance, or to beautiful or wildlife-rich landscape worthy of protection. Crucially, the rights held by statutory undertakers such as utility companies and Network Rail are already sensibly protected from the scope of the clause, because of the important public benefit that these rights give. I contend that National Trust covenants and other rights give comparable public benefits, and this should be recognised in a similar way. I hope this is an unintentional oversight by the Government and that they will see it as a helpful amendment and will accept it. I beg to move.
My Lords, I thank the noble Baroness, Lady Parminter, for raising this very important issue in the context of Clause 179. As the noble Baroness set out, Amendment 103C would reflect the special protection accorded to land held inalienably by the National Trust in compulsory purchase legislation. The Government are sympathetic to the thrust of the argument that the power in Clause 179 to override easements and restrictive covenants when carrying out works on, or using land acquired by, a body with compulsory purchase powers could have an adverse effect on rights benefiting the trust’s inalienable land. The Government have also noted the concern that it may impact on other land over which the trust has covenants under Section 8 of the National Trust Act 1937. As the noble Baroness has pointed out, to avoid such a possibility, consideration should be given to the trust being accorded a similar exemption to that in Clause 179(8) for the rights of statutory undertakers. Doing so would safeguard the trust’s covenants, easements and other ancillary rights so that the trust’s management and our enjoyment of the trust’s land and properties were not compromised. The Government will therefore consider this matter very carefully. With that in mind, perhaps the noble Baroness will be content to withdraw the amendment.
I thank the Minister most warmly for those very encouraging words. I shall obviously discuss the matter with the noble Baroness, Lady Andrews, over the recess, but, being mindful of the time, I beg leave to withdraw the amendment.
I do not think I can give that assurance, but I shall certainly try to put a timescale on it before Report, if that suits the noble Lord.
I hope that the noble Baroness will feel able to withdraw her amendment, but I also hope that the Committee will indulge me; I know everyone is anxious to get away. We have spoken about how planning applications for housing can often take an extraordinary time to complete. After some very long nights in this Chamber, I believe people are beginning to say the same thing about planning Bills. I pay tribute to everyone who has spoken in debates today and through the whole course of the Bill so far. The expertise which noble Lords have displayed has greatly enhanced consideration of the Bill, as well as my thinking about how we can improve its implementation.
I know that many noble Lords will not believe me when I say this, but I look forward to continuing the debate on Report. Although we will continue to disagree on some issues, we will, I hope, move closer to agreement on others. Over the Recess, therefore, I shall be tabling a number of government amendments which will take into account some of the points that noble Lords have raised. Given the hour, I will write to noble Lords with further details shortly—and I mean shortly.
I am sorry that the noble Lord, Lord Foster, is not here—oh no, there he is in the corner. I have also written to the DPRRC, responding to its 20th and 21st reports and have placed a copy of that letter in the Printed Paper Office, as noble Lords requested. I am happy to be making a number of positive changes. I will not detail every point here now, because I fear that noble Lords have heard enough from me, but I hope that my response will be helpful.
One final Easter present to you, my Lords, before we rise: within the past couple of hours, we have launched our consultation on starter homes. During Committee, noble Lords from across the House raised a number of questions about the implementation of the starter homes programme. I heard their concerns, and in response we have decided to consult on a number of proposals. We will spend the next eight weeks actively engaging with the housing industry and local government, and I am happy to ask my officials to brief any noble Lord who wants to know more. I have written to noble Lords with further detail and, again, asked my officials to place the consultation in the Printed Paper Office and the House of Lords Library.
That is it for now. I thank your Lordships again for the depth in which we have scrutinised the Bill and wish you a very happy Easter.
Briefly, I thank the Minister for her recognition that the issue of sustainable homes is serious. I have two quick points. The Government’s defence for not accepting the amendments seems to be that they want to ensure that the new arrangements have time to bed in. I am grateful that they are offering us more information about the stakeholder meetings. I am sure the Committee will agree that stakeholder meetings bear no comparison to national monitoring of the situation, both of the number and quality of SuDS. The evidence we have seen from major housebuilders and the adaptation sub-committee shows that this is not working.
Secondly, I am grateful to the Government for confirming that costs are not stopping them moving on this issue, it is the issue, as they put it, of undue delay. My argument would be that one extra stage in the process of planning is worth the price that will be accruing to the benefit of home owners, the wider community and the environment from the introduction of SuDS. On that basis, I will go away with colleagues and consider the response. I thank colleagues around the Committee who have joined in promoting this cause. We may well wish to return to it on Report.
(8 years, 6 months ago)
Lords ChamberMy Lords, in response to the point about the time taken, thresholds have to be met and the damage assessed, so these things necessarily take time. We will be making a regional claim. I am sure that under the rules of the structural fund the money would not be able to be diverted into anything other than repairs following the flood damage, and there is no intention to do so. Therefore, I can confirm that the funds will not be used for anything other than the purposes for which they are intended. I remind the noble Baroness that back in 2007, when an application was made by the then Labour Government, they took eight weeks to signal their intention and to make the application. That was a recognition that these things take time.
My Lords, I am delighted that the Government have now decided to apply. I asked them to do so in this Chamber on two occasions—on 7 December and 14 January, when I was very grateful to the Defra Minister for the reply that I received. This scheme is yet another example of why we are better off being in Europe. The funding could make a huge difference—for example, in repairing the damage to the A591, which I know is known to many Members of this House. Its closure has been disastrous for local people, local businesses and tourism. Therefore, I ask the Minister to confirm that the inevitable time lag in receiving any funding will not delay the plans for reconstruction of the critical infrastructure and that the Government will guarantee those funds.
The noble Baroness is absolutely right about the A591 and indeed about some of the more local infrastructure repairs that need to be done. In fact, I drove up the A591 as far as I could only last week when I was in Grasmere. Work is under way to repair that road, which is vital not just for businesses but for tourism in the region. I am glad that the noble Baroness was grateful for the reply that she received. Following the floods, on a couple of occasions at this Dispatch Box I signalled that we were considering making an application, and today it is good to say that we are intending to do so.