Planning Permissions and Unauthorised Developments

Debate between Lord Grayling and Christopher Pincher

Wednesday 26th January 2022 Commons Chamber

[Christopher Pincher]

I appreciate and recognise my hon. Friend’s concern. We do want to ensure that the innocent are not caught up in a regime that pursues the guilty, but we also want to ensure that the system is more speedy and has much greater deterrent effects on those who attempt to gamble with the law, those who attempt to bend it and, indeed, those who choose to break it.

We all recognise that the reason why we need the important debate my hon. Friend has brought to the House today is that we believe—we genuinely believe—that there is more that we can do, and there is more that we shall do. As everyone in the House will appreciate, we are committed to improving our planning system and making it one that delivers better outcomes for people in all parts of the country. It is going to be the bedrock of one of our principal missions, which is to level up the United Kingdom and to help revive and regenerate those areas that have long felt forgotten by politicians of all stripes in Westminster. In our constituencies, however affluent they may be on the face of it, we all have areas of our constituency where there is deprivation and where residents feel left behind, and we have to fix that.

When it comes to pulling the handbrake on unauthorised developments in their areas, we want to make it even easier for local planning authorities to step in and make sure that retrospective planning permission is not exploited by those bent on gaming the system. Let me be clear: retrospective applications are only for individuals or businesses that have made a genuine mistake. As my hon. Friend alluded to, the enforcement process needs to work better. We make that happen by closing loopholes, and strengthening the existing powers and penalties at our disposal.

As we modernise our planning system in England, we plan to engage with communities and key stakeholders throughout the planning process. Our ambition is to ensure that the outdated system, which is essentially a relic of the post-war period, is now made fit for the 21st century, with proper digitisation of applications so that residents can easily see the proposed development in their area at the touch of their smartphone screen. As my hon. Friend and others have said, we have all seen and read about egregious examples of people bending the rules on retrospective planning applications. My hon. Friend mentioned the situation of the caravan park in Chelmsford, and my right hon. Friend the Member for Epsom and Ewell mentioned the situation faced by his constituents in Epsom. We see such challenges from individuals and commercial organisations up and down the country.

The simple idea behind retrospective applications is that they give people who have failed to seek planning permission prior to building a structure a fair chance to get the necessary approvals.

[Chris Grayling]

My right hon. Friend made the important point that a retrospective application should only be for somebody who has made a genuine mistake. May I press him a little bit on that? Should a local authority—and, crucially, the inspectorate—disallow a retrospective application that is clearly not based on a genuine mistake?

[Christopher Pincher]

Essentially, it should, but of course there are legal interpretations that need to be considered. Therefore, we need to ensure that any rule changes that we make are right, that they do not allow the new system to be gamed and therefore brought into disrepute, and that they do not lead to unintended and unfair consequences for, shall we say, the innocent.

Over the years, the system has been deliberately gamed by cowboy builders creating large structures or even whole developments before trying their luck with the local council to see whether they can get retrospective planning permission. There is one infamous case in Bedfordshire, which saw a local business owner who was originally granted permission to make a modest improvement to his 1960s bungalow end up building a three-storey mega-mansion, complete with a turret and sweeping balconies. That is just not right; it is the sort of egregious development that should not be allowed.

In other cases, we have heard of, as my right hon. Friend the Member for Beckenham (Bob Stewart) has said, lorries and building equipment arriving on site in the dead of night or at the weekend, and people laying internal roads and hardstanding without planning permission. Retrospective planning permission is then sought soon afterwards, and wrongly so. Clamping down on such flagrant planning violations and abuses of the system is going to be a key focus of my Department. It is one of the reasons why we have made intentional unauthorised development a material planning consideration, meaning that local authorities can factor in intent behind the unauthorised development when considering a retrospective application. In other words, it is not enough for builders to plead ignorance when it is plain for all—not least the planning authority—to see that they were well aware that their structure needed planning permission right from the outset.

Legislation also states that retrospective applications must be assessed in the same way as standard planning applications, so that permission cannot be granted retrospectively if there was little or no prospect of it being approved in the first place.

People making small improvements to their own home or garden are human, like all of us. Our constituents might not always think that we are human, but, like them, we are, and we know that genuine mistakes can be made. They will happen, so it would be unfair, where someone built their rear extension a foot too high, for example, or erected a fence in the wrong place, to take a sledgehammer to that work when retrospective planning permission would do. We have to be fair, as my hon. Friend the Member for Orpington said in his remarks.

With that principle in mind, while also accounting for the natural frustration that people and communities can feel about unauthorised development, criminalisation for infringements that fall into the minor or unwitting camp would be disproportionate. That is why we need to make sure that any changes we make are right and do not lead to unintended and unfair consequences.

As the House will know, we are considering a whole suite of possible planning reforms. I reassure my hon. Friend that that includes consideration of whether the current scope of offences is fit for purpose. He mentioned some matters, including using such terms as “egregious” in the law. We would need to look closely at that to ensure that there is a fair and proper legal interpretation of that word. He mentioned the greater use of fines, and we will certainly look at that possibility. The fundamental must be that the system deters retrospective planning applications and also deters the activity that results in those retrospective applications—the building in the first place.

We recognise that these reforms will only be worth making if our local authorities and the wider planning sector have the right tools to implement them and are able to give our planning enforcement regime proper teeth. To that end, an additional £65 million was made available by my right hon. Friend the Chancellor of the Exchequer at the Budget last year. That will help build the skills and capability that we need at the local level to translate our words into deeds on the ground.

As we look beyond the here and now, our commitment in the long term is to digitisation. Digitisation will mean that local authorities and their planning officers have much more space and much more time to focus on the things that really matter, rather than the administrative bumf that goes along with the present planning system. By digitising the system, we can make it more effective, and we can also create the headroom for planning officers and other officials to be more effective in their own work.

I will say a few brief words on appeals, which I know are a bugbear for many communities that find themselves in protracted and exhausting disputes. We certainly want them speeded up. It is absolutely right that everyone should be able to make their case and to have that case heard. Our priority is to accelerate that process by closing loopholes through future planning reforms. We are undoubtedly making progress in that direction. In the 18-month stretch from March 2020—the height of the covid pandemic—the Planning Inspectorate issued some 3,300 appeal decisions on enforcement cases. However, as I set out, there is more to be done to improve how the fundamentals of our appeals process work, and that has to start with removing the incentive for those who set out deliberately to abuse the system to try to delay the appeals process. I will say more about that as we advance our planning reforms, and I am happy to discuss it further with my hon. Friend and other Members to ensure that we get this aspect of our reforms right.

I thank my hon. Friend for championing this issue on behalf of his constituents, and I thank all right hon. and hon. Members who contributed. The concerns raised echo through local authorities around the country, and I assure the House that they echo through my Department. They will have been heard loudly and clearly, and we are determined to act on them. I look forward to working with colleagues from across the House in the months to come to ensure that we get our planning reforms ready, right and on the statute book so that all our constituents are protected.

Question put and agreed to.

Leaseholders and Cladding

Debate between Lord Grayling and Christopher Pincher

Tuesday 24th November 2020 Commons Chamber

[Christopher Pincher]

The hon. Gentleman asks what we are doing to speed up the surveying process. We are making more professionals available to undertake EWS assessments. We are spending something like £700,000 to fund the training of those assessors, and we will produce about 2,000 of them over the next six months, which should help to speed up the process.

[Chris Grayling (Epsom and Ewell) (Con)]

In my constituency, the biggest concern for residents has been the inappropriate application of these rules and the EWS form to much lower-rise buildings than were ever envisaged and the resulting problems created for them in selling flats, moving flat and so forth. I welcome the announcements made by my right hon. Friend last weekend; I am grateful to him for that. Could I ask him to keep up the pressure on the different professionals and organisations involved, to ensure that this problem really does disappear? These homeowners should not be subject to pressures because of something that is not designed for their kind of property.

[Christopher Pincher]

My right hon. Friend can ask, and we will.

Business of the House

Debate between Lord Grayling and Christopher Pincher

Thursday 21st January 2016 Commons Chamber

[Chris Grayling]

I think we now understand where your footballing sympathies lie, Mr Speaker. Sadly, I fear my team, Manchester United, are unlikely to overtake yours this season, but we can but hope and keep our fingers crossed. We have, of course, just had Culture, Media and Sport questions, and I am sure that the Secretary of State has already thought carefully about the issue and will continue to do so. I will make sure that the hon. Gentleman’s concerns are raised. He makes an important point—doping in sport, in whatever sport, is to be roundly condemned and dealt with with the strongest possible force, when appropriate.

[Christopher Pincher (Tamworth) (Con)]

Pursuant to yesterday’s Adjournment debate, sponsored by my hon. Friend the Member for Broxbourne (Mr Walker), may we have a debate on the entirely unsatisfactory situation whereby international banks treat Members of Parliament as persons of interest in organised crime?

[Chris Grayling]

I commend my hon. Friend the Member for Broxbourne (Mr Walker) for bringing forward yesterday’s debate and I offer my strong support for the comment that has just been made. On behalf of Members of all parties, I say that it is absolutely inappropriate for international banks to look upon Members as anything other than normal customers. The fact that they pursue a line that is, I believe, often intrusive, inappropriate and unnecessary is something that we should all clearly state we believe to be unacceptable.

Business of the House

Debate between Lord Grayling and Christopher Pincher

Thursday 17th September 2015 Commons Chamber

[Chris Grayling]

In many respects, I am delighted that the new Labour leader and those who supported him are so dismissive of the traditions of this country. The reason I am delighted is that it means the people of this country who value those traditions, value our monarch and value our history will vote comprehensively to reject their offering in 2020.

[Christopher Pincher (Tamworth) (Con)]

Will the Leader of the House call on the Education Secretary to come to this House as soon as possible to make an important statement on the improvement of educational standards, so that all young people in our schools and indeed any adult learners who need help can learn the words of our national anthem?

[Chris Grayling]

It is now a matter of national priority. A few people might well be tested about knowing the words of the second and third verse of the national anthem, but I think most people would regard not knowing the first verse as a little disappointing, not least if that person happens to be the Leader of Her Majesty’s loyal Opposition—perhaps not that loyal.

Oral Answers to Questions

Debate between Lord Grayling and Christopher Pincher

Tuesday 8th October 2013 Commons Chamber

[Christopher Pincher (Tamworth) (Con)]

3. How his new model of legal aid tendering will help to ensure a more stable environment for law firms in the future.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

Under our proposals to reform legal aid, contracts will be let for at least four years and defendants will be free to choose their lawyer. Current firms can continue, provided they meet minimum quality standards. An updated tendering model for duty work seeks to make the market more sustainable by awarding contracts based on quality and capacity, not on price. All those proposals have been worked through and agreed with the Law Society.

[Christopher Pincher]

I am grateful to my right hon. Friend for that answer. A number of firms in my constituency have initial concerns about the proposals, particularly firms such as Harringtons that have been encouraged to specialise in legal aid. Will my right hon. Friend commit to providing interim payments to such firms in long-running and complex cases, as that would be of great benefit to them?

[Chris Grayling]

I can give that assurance to my hon. Friend. We are looking across the legal aid and legal services world at ways to improve cash flows, where appropriate by providing interim payments to barristers and solicitors, and we have invited ideas from all parts of the profession on how best to do that. Even if we have to take tough overall financial decisions, I am keen to ensure that we ease cash flow challenges, which are a regular complaint from lawyers.

Oral Answers to Questions

Debate between Lord Grayling and Christopher Pincher

Monday 10th January 2011 Commons Chamber

[Chris Grayling]

We welcome the hon. Gentleman back to the House after a breathless new year. We intend to find the right mix between the different channels of access to Jobcentre Plus. Many younger claimants prefer to access services online, many claimants prefer to deal with such matters face to face, and others are happy to apply for benefits and deal with such matters over the phone. The trick is to get the right mix, and that is what we will seek to do.

[Christopher Pincher (Tamworth) (Con)]

T3. Atos Healthcare, which provides the Department’s medical examiners, has told me that it does not provide physiotherapy services in its assessments of incapacity benefit claimants. Will Ministers consider including core physiotherapy checks for Atos so that people who are in genuine need of help and those who claim to have bad backs but are not in such genuine need can be better identified?

[Chris Grayling]

I am a little confused by my hon. Friend’s experience, because tests and assessments of people’s physical capabilities are carried out under the work capability assessment. Our goal is to ensure that the WCA continues to improve and is the best possible mechanism. I am happy to talk to him about his constituents’ experiences.