Shipping: Towing Vessels
Earl Attlee Excerpts(12 years, 8 months ago)
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Earl Attlee
My Lords, the Government believe that ship salvage should be a commercial matter and that there are sufficient tugs around the majority of the UK coast to respond to ships in difficulty. There are fewer commercial tugs available in the waters off north and western Scotland so the Government have funded two tugs for an interim period to allow locally interested parties time to develop plans for sustainable provision without recourse to taxpayers’ money.
Viscount Younger of Leckie
I thank the Minister for that reply. He will recall the “Sea Empress” disaster in 1996 when 73,000 tonnes of crude oil spilt along the south Wales coast, and also the foundering of HMS “Astute” last year. Is he aware that the withdrawal of these tugs means that there are simply no replacement tugs with the bollard-pulling power to effect a rescue? How comfortable is he with the responsibility being passed to ship owners, given that ownership is usually as clear as mud?
Earl Attlee
My Lords, the world has moved on since the report of Lord Donaldson. We have port state control and inspection of ships, the integrated safety management code of ships, much more reliable ships and much better situational awareness for the coastguard, coupled with the SOSREP system. Finally, most tankers are double-hulled. Single-hulled tankers are not allowed in UK waters except in exceptional circumstances.
Lord West of Spithead
My Lords, is the Minister aware that there is a growing perception that the coalition Government are suffering from collective sea blindness? We have just discovered that over the last few weeks we have no ship at immediate readiness for counterterrorism or disasters around the UK—no Royal Navy ship at all. We have got rid of our broad area surveillance in the SDSR. We have just heard about the tug towing, and I have to say there are still a lot of single-hull tankers around, not least in the Royal Fleet Auxiliary because there has been no money to replace them. The National Maritime Intelligence Centre, which he referred to, is not up and running at full speed, which it should be. I can go on and on.
I am sure these perceptions are not right, but could the Minister confirm that the Government are looking at this in a co-ordinated way because there is very real worry? Perceptions often seem more real than reality, and there is a very real perception that this is not being pulled together.
Earl Attlee
The noble Lord is right, he has gone on—he has gone on about defence matters. This is a commercial matter. One of the impacts of the Government funding an emergency towing vessel, say at Falmouth, is that it prevents commercial operators from stationing an ETV at Falmouth because there is no work for them.
The Earl of Mar and Kellie
My Lords, can I ask my noble friend what he believes to be the maximum acceptable steaming time to effect a rescue after the contracting process has been completed?
Lord Kinnock
My Lords, that was about the most articulate ministerial answer I have heard in this House. While the Minister is right to draw attention to great advances such as port state control, the ISM code and double hulling, even cumulatively they are not enough when a ship has foundered. Is the Minister aware, when he puts an emphasis on commercial tug companies, that they can be expected to act commercially? This is why it is necessary for government support to ensure that in any and all conditions—however unprofitable they may initially seem commercially—those tugs are available right round the British coast.
Earl Attlee
The noble Lord makes some quite sensible points. However, it is important to understand that one of the recommendations of the Donaldson report was the SOSREP, the Secretary of State’s representative, and he has extensive powers to direct that ships will assist other ships in difficulties. It is also worth pointing out that the emergency towing vessels have not yet been decisive in rescuing any super-tanker because none has come to grief.
Lord Greenway
My Lords, would the Minister agree that the greatest risk occurs in the Dover Strait, which is one of the most heavily trafficked maritime areas in the world? The French have somewhat reluctantly moved one of their two large ETVs up from La Rochelle to cover the gap left by the withdrawal of our “Anglian Monarch”. Would he also agree that the Dover Strait is special because many of the ships transiting are deep draft vessels operating in comparatively shallow water? This leads to the danger that, if there were an accident, there would be a motorway pile-up situation—as last happened with the Norwegian car carrier “Tricolor”, which was run into by two other ships after she had sunk, and over 100 other ships passed within the clearly marked exclusion zone.
Earl Attlee
The noble Lord makes an extremely important point and his analysis is correct. However, although the Dover Strait is an area of higher likelihood because of the concentration of ships in the area, experience indicates that the consequences of a grounding are likely to be lower because the seabed is flat and sandy rather than rocky. Regarding his point about the motorway pile-up, the coastguard, with automatic monitoring of ship movements, will be aware immediately a ship stops moving and can warn other ships of the difficulties.
Lord Davies of Oldham
My Lords, is it not the case that the Government are not prepared to pay the relatively modest insurance policy to guarantee that we have adequate towing tug capacity in British waters? If a major disaster occurs, we will be dependent upon Rotterdam or other foreign ports to produce the necessary towing and tug equipment. Is that not a dereliction of duty on the part of the Government?
Earl Attlee
My Lords, the noble Lord makes an important point about Rotterdam. Rotterdam and the Dutch have great experience in salvage operations. There are lots of tugs operating out of there. If we withdrew the funding, which we have, from the Falmouth tug, someone will probably station a tug in Falmouth in order to pick up the market. Currently, however, we are distorting the market by paying out large sums of taxpayers’ money to no good effect.
EU: Financial Stability and Economic Growth
Earl Attlee Excerpts(12 years, 8 months ago)
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Earl Attlee
My Lords, we are doing quite well on time but noble Lords need to be very careful. Otherwise we will run out of time if we overshoot—even 30 seconds on each speech will make a difference.
Saudi Arabia: Driving Licences
Earl Attlee Excerpts(12 years, 8 months ago)
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Baroness Smith of Basildon
To ask Her Majesty’s Government what consideration they have given to the recognition of Saudi Arabian driving licences in the United Kingdom.
Earl Attlee
My Lords, no consideration has been given to the exchange of Saudi Arabian driving licences in the UK. Consideration would be given only after an approach has come from the Government of Saudi Arabia to recognise their driving licences. To date, no such approach has been made.
Baroness Smith of Basildon
My Lords, I am slightly confused by the Minister’s Answer. My understanding is that Saudi Arabian driving licences are valid in this country for up to a year for Saudi Arabian citizens. As he will be aware, Saudi Arabia is the only country in the world to make it a criminal offence for women to drive. Recently, a sentence of 10 lashes was handed out to a woman driver, although that was later commuted. Will the Minister consider the current position? Will he look at whether the UK recognition of Saudi Arabian driving licences for a year should be withheld until driving licences are available to all citizens and not just to male citizens? Can he discuss with his Foreign Office colleagues what action can be taken by the British Government to raise concerns about the Saudi Arabian Government’s position on this appalling discrimination?
Earl Attlee
My Lords, on the substantive question about recognition or non-recognition of Saudi driving licences, the noble Baroness will recognise that we are under a treaty obligation in terms of the international circulation order. However, we welcome King Abdullah’s overturning of the recent sentence of lashing for a woman convicted of driving. It is well known that this Government, like their predecessor, have particular concern about some aspects of human rights protection in Saudi Arabia, most notably women’s rights. The UK has consistently called for women in Saudi Arabia to be able to participate fully in society. That means removing legal and cultural barriers, like the guardianship system and the ban on women driving.
Baroness Falkner of Margravine
My Lords, does my noble friend accept that the ban on women driving in Saudi Arabia, of course, has nothing to do with theology or Islam and has everything to do with the desire of men in Saudi Arabia to remain guardians of women—in other words, discrimination? Will he tell the House how the United Kingdom voted when Saudi Arabia was elected on to the executive board of UN Women, the agency for gender equality and empowerment for women? If he does not have the answer with him, perhaps he might write to me saying how the UK voted?
Earl Attlee
My Lords, the noble Baroness has asked me quite a detailed question, and I am afraid that I shall have to write to her.
Lord Davies of Oldham
My Lords, as the Arab spring is showing some buds even in Saudi Arabia, with regard to the participation of women on the Consultative Council, could the Government at least indicate to the Saudi Government that, from our experience, women are safer drivers than men?
Earl Attlee
My Lords, I am sure that when we talk to the Saudi Arabian Government, we make that point.
Lord Berkeley
My Lords, surely the noble Lord could say straight to the Saudi Arabian Government, “We are not going to enter into these negotiations until you allow all women of the right age and with the right experience to be able to drive in Saudi Arabia and we will not accept those licences in this country until that is achieved”.
Earl Attlee
My Lords, I think the best way of achieving our objective—I think we are clear about our objective—is to apply steady, consistent pressure to states like Saudi Arabia. We will not get them to roll over overnight. No doubt the Saudis give us friendly advice about, for instance, underage drinking and other cultural matters.
Animals: Experimentation
Earl Attlee Excerpts(12 years, 8 months ago)
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Lord Winston
My Lords, in congratulating my noble friend Lord Wills on securing this debate I declare an interest. I have held a licence to carry out animal research for more than 40 years. I may be the only Member of this House to do so. I still have an active licence and, indeed, went to see the Home Office inspector only two weeks ago. I am also chairman of a company that is involved in transplantation work using pig organs. I recently had to go to the Home Office for revalidation. I have a certificate from the Institute of Biology hanging up in my lavatory. Unfortunately, that institute does not have a typewriter that works terribly well. The certificate states:
“This is to certify that Professor Robert Winston is licensed to operate on mouse, rat, guinea pig, hamster and rabbi”.
No rabbi has visited my house to inspect the certificate, which is probably just as well. I replied using a typewriter which had all the “t”s missing; I felt that was the only way in which I could reply.
I am not sure that this matter is as deeply contentious as the noble Lord, Lord Willis, says it is. Let us face it: 95 per cent of us perfectly happily wear leather shoes. We should put the animal rights lobby into some kind of focus. I regularly speak at all sorts of public meetings around the country and I do not get the impression that animal research is so contentious. Of course, various issues still need to be addressed, but I fear that we might exaggerate the public response to this, which serves no good purpose.
My field has largely been that of in vitro fertilisation and reproductive biology. It is interesting to consider that more than 1 million babies could not have existed without the research that has been carried out on rodents. That is true of my work in the screening of embryos for genetic disorders. This has been a revolution in reproductive medicine. It means that women can embark on a pregnancy knowing for certain that they will be free from having a baby which will die in the first few years of life. That was made possible purely through extensive animal research. Animal research has contributed hugely to physiological medical research in virtually every field, whether it be the liver, heart, brain or kidneys, or neuroscience or any major discipline. Last year’s Nobel prize in my field was won as a result of medical research on animals, as has often been the case with many Nobel prize winners.
I am now involved in the field of transplantation. One of the interesting issues is that organ failure is extremely common. Around the world every 15 minutes or so a new person is put on an organ transplant waiting list. I work at Imperial College London. Using mice initially but also pigs, we are trying to modify the cell surface antigens of the pig so that they are not recognised by the human immune system, so that when an organ is transplanted—a kidney, heart or liver—it may not be rejected. That is an ethical imperative. It saves human life in a way that no artificial organ appears to be capable of doing. We may talk about bionics in our society but I think that it will be at least 20 or 30 years before an artificially made organ is remotely possible. However, xenotransplantation now has a real possibility of saving vast numbers of lives and improving medical care.
I do not think we can argue that there is any substitute for animal research. Of course, reduction is possible but I do not think that substitution is. I give an example. Much has been made of the use of cell culture to replace animal research. I speak with some knowledge of cell culture, having worked in that field for a very long time with my embryos and with other tissues. However, the problem with cell cultures is that they produce huge numbers of aberrations which are not produced in the intact animal. In the intact rodent we are able to study cell signalling in a way that goes completely awry in a cell culture. The epigenetic changes that occur in cell culture mean that genes often do not express in the way that they would do normally in the intact animal. Of course, even organ culture will not do that either. It is a very technical issue.
I have worked with animals in the United States, in Belgium for a year, in France, Germany, Australia and New Zealand. In Britain, the overall standard of inspection, control and regulation as it stands—with or without the European directive—is remarkably high. We should, however, try to improve our animal houses; that would be a great help. The problem, of course, is that universities often do not have enough money to do that.
We need to say very clearly that it would be unthinkable to take any drug which has not been tested on an intact animal. In fact, there is a case for having legislation to make it clear that a particular drug has only been possible for human consumption because of animal testing. This could be stamped on the packet, rather like a cigarette packet. With the medical advances, and the advances in animal well-being which have resulted from animal research, we should not lose focus on the overall picture. I urge the Minister to consider those in his deliberations in Europe.
Finally, one of the key issues is public engagement. It is a matter of great disappointment to many of us that, for example, the pharmaceutical industry, which has so much at stake in this country, and which contributes so enormously to our economy, has not been much more forward in trying to point out that it uses animal research. It is quite shocking that every university in this country does not admit that we have an animal house where we do animal experiments. If we do not say this very clearly to the public, if we do not make that message clear, then of course people will start to think there is something clandestine or something to be ashamed of in our research programmes. I really do not think that is true. Overall, from what I have seen in 40 years, the standards in animal care, improving as they are, are remarkably better than in almost any other jurisdiction, except for the circumstances in animal houses, which are sometimes not as good as they should be because of the financial limits in what we can provide for their housing.
Earl Attlee
My Lords, we are having a great debate, but can we please watch the clock?
Biodiesel
Earl Attlee Excerpts(12 years, 8 months ago)
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Lord Palmer
My Lords, I beg leave to ask the Question standing in my name on the Order Paper and, in so doing, declare that I am the unpaid president of the transport division of the Renewable Energy Association.
Earl Attlee
My Lords, in a recent consultation on the renewable energy directive, we proposed amendments to the renewable transport fuels obligation. These proposals included providing twice the financial support to waste-derived biofuels as will be provided to conventional biofuels through the award of two renewable transport certificates per litre of waste-derived fuel. Crop-derived biofuels will continue to receive one certificate per litre and biofuels that do not meet the required sustainability standards will receive no support.
Lord Palmer
My Lords, I thank the noble Earl for that lengthy reply. This is a very complex issue. I know for a fact that if the 20p per litre rebate is abolished, an enormous number of current users will revert to fossil fuels. Is this what the Government really want?
Earl Attlee
My Lords, Treasury Ministers confirmed at the 2011 Budget that the duty differential for biodiesel produced from used cooking oil will end on 31 March 2012, as was always intended. It is appropriate that support for waste-derived biofuels in transport will be provided through double rewards as part of the renewable transport fuels obligation. That, of course, has a sharper sustainability focus. By providing two renewable transport certificates per litre of waste-derived fuel, the UK is moving away from the guaranteed return of 20p provided by the duty differential for biodiesel produced from used cooking oil and moving towards an environment where the competitive market decides the price that will be awarded for each renewable transport fuel certificate. But each RTFC will still be worth around 20p.
Lord Bradshaw
Will the noble Earl turn his mind to the fact that the renewable transport fuel certificates, to which he has referred, are tradable assets? They have been often been of no value at all. Anyone investing money in this young industry of processing used cooking oil and other waste products face the possibility that they are being asked to invest money with no guarantee of a return whatever.
Earl Attlee
My Lords, my noble friend is absolutely right. RTFCs were traded at a nil value but that was because of an error in the drafting of the original RTFO by the previous Government. That problem has been rectified and will not recur.
Lord Davies of Oldham
My Lords, the Minister is reading his brief excellently today to the great advantage of the House. I appreciate the fact that this Question probably should be directed rather more at Her Majesty’s Treasury than the Department for Transport. But the noble Earl failed to answer the crucial point made by the noble Lord, Lord Palmer. What is the Government’s response to the clear signal that many companies which are benefiting from this position at present and are pursuing the policies, which we would all endorse with regard to this sustainable fuel, are indicating that they will drop out from this position and return to fossil fuels unless the Government take a different view?
Earl Attlee
My Lords, I answer for Her Majesty's Government and not for any particular department. This policy is following the perfectly sensible trajectory set by the previous Government.
The Duke of Montrose
My Lords, will my noble friend the Minister say whether tallow is currently processed in such a way as to qualify as a FAME biofuel? Is it in use as a transport fuel or can it be seen as such?
Earl Attlee
My Lords, there is a difficulty with tallow because it can have unintended consequences. Tallow is also used to make soap. If we reduce the supply of tallow for making soap, palm oil will be substituted. That can have sustainability issues because the increased use of palm oil will result in deforestation.
The Lord Bishop of Blackburn
In the northern and very rural part of my diocese of Blackburn, the very high cost of diesel and fuel is inhibiting the stimulus to economic recovery. Will the noble Earl tell us what plans Her Majesty's Government have for helping such communities, especially in the light of the modest reduction in global oil prices?
Earl Attlee
My Lords, I fully appreciate the impact of very high fuel prices—I buy a considerable amount of fuel myself—but it is a little wide of this particular issue.
Lord Hughes of Woodside
My Lords, will the Minister explain to the House, for my benefit, as well as everybody else’s, what exactly his answer to my noble friend was, because I do not understand it?
Earl Attlee
My Lords, perhaps I will run over it again. The answer is that there is plenty of incentive from the issue of the renewable transport fuel certificate to suppliers to continue to supply biodiesel into the market. It is just a different way of achieving the same policy and complying with the renewable energy directive.
Lord Soley
There is a deeply worrying lack of clarity about the Government’s policy and, as the noble Earl claims to be answering for the Government now, rather than just the Department for Transport, it would help to have a bit more clarity. I would like to hear the Government’s view on the use of algae as a sustainable fuel. Research is very advanced in other countries and this country would be well placed to pursue it, yet he has not even mentioned it. Could we have a more detailed answer, even if it has to go in the Library at a later date?
Earl Attlee
My Lords, the noble Lord mentioned algae. I am afraid I was not aware of that possibility. However, suppliers could use that technology if they wanted to. The incentive scheme is not specific about what feedstock is being used. They can use whatever they want. If they can make algae work in a competitive environment, that is fine.
Localism Bill
Earl Attlee Excerpts(12 years, 8 months ago)
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Earl Attlee
(a) for “providing infrastructure to support” substitute “supporting”, and(b) after “land” insert “in a way that does not make development of the area economically unviable”.(2A) In the Table in section 205(3) (which describes the provisions of the Part) for “Section 216” substitute “Sections 216 to 216B”.
(2B) In section 211(4) (particular provision that may be included in regulations about setting rates, or other criteria, by reference to which the amount of levy chargeable is to be determined) after paragraph (a) insert—
“(aa) to have regard, to the extent and in the manner specified by the regulations, to actual and expected costs of anything other than infrastructure that is concerned with addressing demands that development places on an area (whether by reference to lists prepared by virtue of section 216(5)(a) or otherwise);(ab) to have regard, to the extent and in the manner specified by the regulations, to other actual and expected sources of funding for anything other than infrastructure that is concerned with addressing demands that development places on an area;”.”
Earl Attlee
My Lords, in speaking to Amendment 204GA, I shall also speak to government Amendments 204GB to 204GD, 204HA to 204HB, 204JA to 204JC, and refer to Amendments 204H and 204J.
We set out our commitment to consider whether the existing restrictions on the use of the CIL—community infrastructure levy—receipts are drawn in precisely the right way to best support and enable new development and growth. We have considered this alongside our changes at Clause 103, through which we will place control over a meaningful proportion of levy receipts with the neighbourhoods and communities that accept new development and growth. We are consulting on our proposals to use the powers to require local authorities to pass on a proportion of levy receipts raised from development in an area where there is a parish or community council for that area.
Where no parish or community council exists, we will use existing guidance to require local authorities to apply an equivalent amount to addressing the demands of hosting new development in the area and to engage with the community in determining how that proportion of the funds will be spent.
Amendments 204HB and 204JC extend the permitted uses of this proportion of the funds to allow it to be used to support development by providing infrastructure or addressing any other demands that development places on the area. First, any body to which funds are passed under new Section 216A will benefit from these wider spending powers. Secondly, where a charging authority does not have to pass funds under Section 216A, we will have the power to specify that they can use a proportion of the CIL funds in this way. It is our intention to specify the same proportion for this purpose as we will for Section 216A, providing a consistent approach in both parished and unparished areas. The remainder of the funds will be retained by the local authority and must be used to support development of the wider area by funding the provision, improvement, replacement, operation or maintenance of infrastructure.
Our amendments will allow receipts raised from new development to be applied to the range of costs that it creates. They strike the right balance between enabling funds to be directed to the localised demands that development places on the areas that host it and the cumulative burdens that development creates across the local authority and wider area. The levy is to support new development. While the provision of infrastructure is essential to physically unlock new development, it is not the only matter that needs to be addressed to make development acceptable and sustainable to the communities that are asked to host it.
At the neighbourhood level, the impacts of development are more localised, direct and diverse. The impacts will, for the most part, be concerned with local infrastructure, but communities often identify other unfunded pressures on local services as the reason why new development is not acceptable. If communities are to accept and welcome growth, they must be satisfied that they will not suffer as a result of doing so. By placing a meaningful proportion of the contribution that new development makes under the control of the community that hosts it, and by giving that community the flexibility to spend those funds on the matters that it identifies need to be addressed, we will ensure that communities share in the benefits of growth rather than suffer as a result of it. When residents see and understand that development is making a fair contribution towards meeting the demands that it places on their communities, they will be more likely to accept and, indeed, welcome it.
Our amendments will enable the levy to support new development more effectively. The levy will mean that more development can go ahead by providing a valuable contribution towards delivering the infrastructure needed to unlock and enable it, and by ensuring that communities have reasons to say yes to growth. In making our changes we have taken the opportunity to make economic viability an explicit component of the purpose of the instrument. This will mean that local authorities must ensure that charges are reasonable and do not prejudice the delivery of their local plans, including matters such as affordable housing.
My noble friend Lord Jenkin has tabled Amendments 204H and 204J, which are concerned with restricting spending of the levy to matters publicly identified by the local authority that charges it. It may be helpful to the House if I use his amendments as a peg to provide further reassurance. I fully understand my noble friend’s concern to ensure that use of the levy should be transparent; indeed, it must be if developers and communities are to see and understand how the contributions are being used to support development and manage its impacts. That is why we are strengthening, through the levy and the town and country planning regulations, the requirement for local authorities to report openly and regularly on levy income and expenditure.
Our experience from the front runners scheme, which is supporting more than 33 local authorities to implement the levy, is that local authorities are in any case choosing to publish a list of their spending intentions. This demonstrates that a flexible approach to infrastructure lists is working and that a more prescriptive approach is not needed at this time. The legislation already allows for regulations to require them to do so, should we wish to in the future.
I appreciate my noble friend’s concerns, but I hope that he will be reassured by the steps that we are taking to improve transparency and accountability of levy income and expenditure, agrees that our changes are the right means to achieve that, and will be willing not to pursue his amendments. I beg to move.
Earl Attlee
My Lords, I thank all noble Lords who have contributed to this short debate. Responding first to my noble friend Lord Jenkin, yes, we have moved a long way with the community infrastructure levy. My noble friend talked about Section 205 and the restrictions on the application of CIL. He is accurate in terms of history but he will recognise the need to develop good policies as time goes on. He kindly organised a meeting between me, him and the Institution of Civil Engineers, which I found useful.
My noble friend referred to local needs and to changing attitudes. We need to change attitudes because, quite often, the knee-jerk reaction can often be “no”, and that is not helpful for development. Local authorities are best placed to determine the infrastructure need in terms of logistics and so on, but local communities are best placed to determine their much more local needs.
My noble friend asked what a meaningful proportion of CIL is. We are consulting on the matter and have invited views on the question. We have not taken a view on this and will carefully consider the representations made during the consultation period before determining the proportion of funds that should be directed to neighbourhoods that host new development. However, we are clear that the level must be sufficient to give neighbourhoods a meaningful contribution to meeting the impacts of development in their area. This needs to be balanced with the central purpose of the levy, which is to ensure that some or all of the costs of supporting new development are met by the developers.
My noble friend also asked whether there was any limit on how a meaningful proportion must be used. Our changes allow for a proportion of CIL receipts to support development of parish and neighbourhood areas by providing either infrastructure or anything else that is concerned with meeting the demands that the development places on the area. However, the spending must support development of the area. It may not be used to fill gaps in local authority resources. I am happy to give that reassurance.
We are making this change because new development creates local demands that are concerned with matters other than infrastructure. For instance, the provision of new dwellings will increase the population of an area and new or extended office premises will increase the number of people working in an area. Increased numbers of residents or people coming into an area to work will create demands on services in the area, including transport, training, education, health, social and other services, community assets and utilities.
My noble friend Lord Shipley asked about cross-boundary needs in urban areas. It is a good question but I shall have to write to him before Third Reading.
The noble Lord, Lord McKenzie, asked about affordable housing. When setting a CIL charge a local authority must have regard to the viability of development in its area. In considering this viability, the local authority must take into account requirements normally provided for through Section 106—for instance, affordable housing—that will arise from the development. My noble friend will recall that we have tightened up on the use of Section 106.
The statutory framework for CIL provides for protection for affordable housing. This was, no doubt, in the minds of the previous Administration when they implemented the levy. However, we acknowledge that the guidance does not set this out as clearly and robustly as it could. We will revisit the guidance to make it clear that the imposition of a levy must not harm the delivery of affordable housing or other local policies set out in the local plan. I have asked my officials to work with the National Housing Federation to develop appropriate changes and we will reflect on the outcome in updated guidance from the Secretary of State. We are consulting on whether to allow CIL receipts to be used to fund affordable housing. We have asked for views on whether this approach could support local delivery of affordable housing by improving outcomes and offering better value for money. We will determine whether to make the change once we have received and considered the responses.
Inspiration has arrived to answer the question of my noble friend Lord Shipley, who asked to what extent authorities should be required to co-operate in using CIL receipts. This legislation allows authorities to pool resources to deliver infrastructure that supports their areas. We have the power to make statutory guidance about the duty to co-operate, and this could cover matters such as CIL.
The noble Lord, Lord McKenzie of Luton, asked about how CIL money could be used to perhaps bribe communities—
Lord McKenzie of Luton
I do not believe I said that. I was referring to how it was not described by the noble Lord, Lord Jenkin, to touch upon the fact that if these are inducements for communities to accept development, we need to reflect on the issues we are going to discuss in relation to Clause 130. I was not arguing in favour of bribing communities.
Earl Attlee
My Lords, I am struggling to read my inspiration here. However, I intend to make a substantive speech in our debate on Clause 130, which I think the House will find very helpful.
Earl Attlee
My Lords, I will consider any input that is brought to me or other Ministers.
Earl Attlee
“(za) in subsection (1) (levy to be used to fund infrastructure, or pay compensation under section 219)—(i) for “section” substitute “sections 216A(1), 216B(2) and”, and(ii) for “funding infrastructure” substitute “supporting development by funding the provision, improvement, replacement, operation or maintenance of infrastructure”,(zb) in subsection (2) (meaning of “infrastructure” in subsection (1)) for “subsection (1)” substitute “this section (except subsection (3)) and sections 216A(2) and 216B(2)”,(zc) in subsection (4)(a) (power to specify facilities that are to be, or not to be, funded) for “that are to be, or not to” substitute “whose provision, improvement or replacement may or is to be, or may not”,”
Earl Attlee
(c) in subsection (6)(c) (regulations may permit funding of administrative expenses in connection with infrastructure) after “infrastructure” insert “or anything within section 216A(2)(b) or 216B(2)(b)”, and(d) in subsection (6)(e) (regulations may make provision for the use of funding where the projects to be funded no longer require funding)—(i) for “the projects” substitute “anything”, and(ii) for “require” substitute “requires”.”
Earl Attlee
(a) the provision, improvement, replacement, operation or maintenance of infrastructure, or(b) anything else that is concerned with addressing demands that development places on an area.”
Earl Attlee
Lord Jenkin of Roding
My Lords, the noble Baroness, Lady Gardner of Parkes, was here a moment ago. I am not sure why she is not here, but the rest of us can speak to our amendments when we get to them. I do not think that we can move hers.
Earl Attlee
If it might help the House, the noble Lord, Lord Berkeley, can move Amendment 206 without any difficulty.
Amendment 206
Localism Bill
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Lord McKenzie of Luton
My Lords, it is unfortunate that a raft of technical amendments have come forward very late in the day, and seemingly in an environment where the promised engagement in Committee was not fully realised. That is not the best way for us to deal with these hugely important matters. It means that we are stacking up yet another issue to deal with at Third Reading. Whether we get through Third Reading in one day remains to be seen.
I hope that we all agree that, in relation to infrastructure, we want an efficient and effective system of dealing with planning. We have heard arguments about a one-stop shop and the extent to which we are some way from that. We have heard about the issues around the extent to which there should be a parliamentary process now that the Secretary of State is the ultimate decision-maker. I say to my noble and learned friend Lord Boyd and to my noble friend Lord Berkeley that I would need a bit of convincing to step aside from a parliamentary procedure just because the Secretary of State is making the final decision. We have debated the Bill in some detail and the issue of the powers of the Secretary of State has been a running sore in our deliberations, but I remain to be convinced on that.
Certainly I agree with and support the importance of having a one-stop shop on the raft of consents that apparently are still needed. However, the clock is ticking on Third Reading. This is an opportunity to sort out some issues, but we do not have much time in which to do it. It may be, as my noble and learned friend Lord Boyd said, that the EU could overtake us on this matter. We have a couple of weeks before Third Reading and there are very serious issues that have been raised tonight by all three noble Lords. The noble Lord, Lord Jenkin, also raised new points that we had not touched on before about who can make these qualifying requests, as well as issues around pre-application consultation. I hope that the Minister will be able to give us a full response on these issues. Generally, I find that we are in an unsatisfactory position on a hugely important issue for this country.
Earl Attlee
My Lords, I thank all noble Lords who have spoken. On the point about meetings, I cannot understand what has gone wrong. I would never resist meetings, not least because I find them so valuable. It is my responsibility to call a meeting. On the other hand, if it looks as though the meeting is not going to happen, a reminder would be helpful—and I do enjoy the meetings that I have with the noble Lord, Lord Berkeley.
We are very short on time. The amendments in this group seek to change the Planning Act 2008. Although they are technical in nature, they are none the less important, so I shall respond to each in turn. Amendments 223AA and 223AB, in the name of my noble friend Lord Jenkin, seek to limit the circumstances in which a qualifying request for a direction under Section 35 of the Planning Act 2008, as amended by Clause 120 of the Localism Bill, may be made. The amendments would restrict those who can make a qualifying request to the proposed applicant and the authority in question. Amendment 223AB would prevent a qualifying request from being made after an application is made to the relevant authority.
Earl Attlee
My Lords, first, I thank the noble Lord, Lord Berkeley, for his work in this area. In answer to the noble Lord, Lord McKenzie of Luton, I have really considered this matter only in respect of railways but I think that noble Lords will find my answers satisfactory. The noble Lord and I did indeed have a meeting on this—ironically, I turned up a few minutes late.
Amendment 223A would amend the provisions of the 2008 Act which relate to railway projects. The amendment seeks to introduce two new powers. The first relates to a case where a railway project contains both development for which consent is required under the 2008 Act and development for which permitted development rights exist. In this case, the amendment seeks—on application from the promoter—to permit the Secretary of State for Transport to direct that the permitted development should be dealt with under the Planning Act along with the development for which consent is required under the Act. I confirm that Section 35 of the Act already provides a power of direction capable of achieving this. A new power is not necessary. The second relates to a situation where development consent is required for a railway project under the 2008 Act. In response to a qualifying request, if the Secretary of State for Transport thinks that the project is not of national significance, he may direct that the development should be treated as development for which consent under the Planning Act is not required.
My DCLG officials have discussed this matter with the Department for Transport and Network Rail, and have agreed that a carefully considered threshold would be preferable to such a power, as it would provide greater clarity on what should be considered major infrastructure. We have therefore agreed that secondary legislation should be brought forward under Section 14 of the Planning Act to set a suitable threshold for rail projects, as suggested by the noble Lord, Lord Berkeley. This will be taken forward by the Department for Transport. With this assurance, I hope that the noble Lord will be prepared to withdraw his amendment.
Lord Berkeley
I am extremely grateful to the Minister for that very positive response. Perhaps I could tell my noble friend Lord McKenzie that it applies only to railways because in other major project areas under the Planning Act there is always a minimum threshold. For some reason, one was not done at the time for railways—everybody thought that railways were big ones, and nobody picked it up. I suppose I should ask the Minister when the regulations will be tabled, but I am sure that he recognises the importance of that for certain projects. If it would help in drafting these things I am happy to meet with him, along with people from Network Rail and other infrastructure managers if they are interested. However, that seems to be a very good way forward and I am very grateful to him. On that basis, I beg leave to withdraw the amendment.
Lord McKenzie of Luton
My Lords, if I understand my noble friend’s proposition, it is that the hydraulic fracturing of underground rock will be brought within the national infrastructure projects regime, the planning regime that deals with major projects. I think that is central to what my noble friend is moving. We have had a wider debate about the potential importance of shale gas, what that might mean and the risks associated with it. It seems to me that we need a broader regime that encompasses all those issues: licensing regimes, as the noble Lord, Lord Greaves, said, not only to deal with exploration, but with exploitation as well. If there is to be no national infrastructure projects approach to this, then planning, presumably, is a matter for local planning authorities and, indeed, neighbourhood planning. That does not seem to me to fit well with something that is potentially of huge national significance, with potentially huge risks and uncertainties attached to it.
The noble Lord, Lord Greaves, said that this issue is worthy of a further debate. Perhaps when we have debated the NPPF to death we might turn our attention to it. I am a novice on this, but it is a fascinating and hugely important issue. I can remember when North Sea oil first opened up. It was a project on which I worked in my former life and I know some of the debate that went on around that. However, if I understand it correctly, my noble friend’s proposition about the environment within which the planning ought to be considered is a straightforward one, and he makes a good case.
Earl Attlee
My Lords, Amendment 223B seeks to require the Secretary of State, by order, within 12 months of Royal Assent, to add hydraulic fracturing of underground rock, commonly known as “fracking”, to the list of nationally significant infrastructure projects in Section 14(1) of the 2008 Act.
The first exploration for shale gas in the UK has begun only recently. Fracturing has so far been used on one shale gas drill site in Lancashire but is currently suspended pending a geomechanical study into seismic activity.
The noble Lord, Lord Berkeley, raised some wider planning issues, but fracking is no more difficult or technical than other mineral extraction methods, and my noble friend Lord Lucas said as much. The noble Lord, Lord Greaves, covered some of the regulatory issues, and I shall not go over that ground again. My noble friend Lord Jenkin referred to a small earthquake. Of course he was actually referring to a seismic event, which is slightly different.
The amendment would require hydraulic fracturing to be added to the types of activity that are considered nationally significant. It is not necessary, however, to use this Bill for that purpose; a secondary power exists to achieve this. I am happy to undertake that this issue will be raised with my colleagues in the Department of Energy and Climate Change and, if it appears appropriate to the purposes of the Bill to add this type of activity to the list of nationally significant infrastructure projects, we will use the secondary power. On that basis, I hope the noble Lord will feel able to withdraw his amendment.
Lord Greaves
My Lords, there has been a great deal of discussion previously about thresholds and nationally significant infrastructure projects. Does the Minister agree that the question of thresholds may also be relevant in this case?
Earl Attlee
My Lords, I am sure my ministerial colleagues in the Department of Energy and Climate Change will take all relevant matters into consideration.
Lord Berkeley
I am grateful to noble Lords who have participated in the debate. It has been a good debate in which a number of different views have been expressed. The noble Lord, Lord Greaves, made a good point about thresholds. As I raised it in a previous amendment in respect of railway projects, I think it is relevant to learn from something that possibly went wrong before.
I am grateful to the Minister for agreeing to speak to his ministerial colleagues and, if appropriate, to bring this matter forward by secondary legislation. I am therefore pleased to withdraw the amendment.
Lord McKenzie of Luton
My Lords, we are in total agreement with the amendment; indeed we should have added our name to it. I apologise for not having done that. One of the issues that was raised previously was about regulation, and if you have a new regulation then something has got to go. I would urge the Government not only to take on board this proposition but to look and see what might be gained by trying to streamline other notification procedures, particularly in relation to building regulations and notifications in respect of the community infrastructure levy. Why can these not potentially be combined into one notification procedure? So you have got two out, and only one in, on that basis. That notwithstanding, it does seem a very sensible proposition which we support.
Earl Attlee
My Lords, my noble friend’s Amendment 223C is, as he has said, a simpler, more permissive version of the one he tabled in Committee. However, I regret to say that it still does not overcome the Government’s concerns that this would add yet a further element of complexity and box-ticking to the application process for both the applicant and the local planning authorities and yet yield no practical benefit for local planning authorities.
In the March 2011 Plan for Growth, the Government clearly cited the problem of the cumulative additional cost to business of new regulations introduced since 1998. It is essential that reforms continue to reduce costs, delays and bureaucracy in the planning system and support the Government’s collective approach to driving sustainable economic growth. Local planning authorities can, and do, ask for notification of commencement of development when and where they think it necessary. A developer failing to notify the local authority that the works had commenced would not be a good start to the relationship between them.
My noble friend may argue that an administrative scheme has no teeth if the developer does not return the form but the Government’s view is that new Section 106D, to be inserted by the amendment, would have no teeth either. Making the commencement of development without giving notice a breach of planning control implies that enforcement action could be taken. However, the point of enforcement action is to remedy breaches of planning control. Once development has started it will no longer be possible to give prior notice, so the breach could not technically be remedied and enforcement action would be ineffective. If it turns out that the developer has failed to comply with pre-commencement conditions as well as not giving notice, then the local planning authority can take such action as it sees fit, perhaps by serving a breach of condition notice.
The Government’s view is that this amendment will inject additional complexity into the planning process yet provide little practical benefit. I invite my noble friend to withdraw his amendment.
Lord Greaves
I do not know whether the Minister incites me to call a Division but I will not do so at this time of night. I can see my Chief Whip in his place, who might not be very pleased by that and I do not want to fall out with him.
The Minister made some good points. On reflection, the amendment could be further simplified, particularly by the removal of the last four lines. There is a problem. The Minister wants to reduce the amount of bureaucracy on the part of local planning authorities. At the moment, particularly on major developments where there is concern about whether the development has started, the authority sends people round to find out and look on site or ring people up. That takes time and effort.
It is really six of one and half a dozen of the other. On the local planning authority side, this would not make much difference at all. However, I am sorry that the Government will not accept this. They will not accept everything that I put forward in the Bill. I beg leave to withdraw the amendment.
Earl Attlee
“(5) The amendments made by this section do not alter—
(a) whether under subsection (2) of section 70 of the Town and Country Planning Act 1990 regard is to be had to any particular consideration, or(b) the weight to be given to any consideration to which regard is had under that subsection.”
Earl Attlee
My Lords, your Lordships will recall our helpful debate in Committee on this clause, when we dealt with an array of issues. I shall give a brief reminder of the key points before moving on to the amendments now tabled and the issues that I understand still worry some noble Lords.
I start by reiterating the Government’s purpose here. As my noble friend Lady Hamwee noted in Committee, the issue of local finance incentives and planning decisions was made topical by the new homes bonus, or NHB. When we consulted on that scheme, uncertainty was expressed about its relationship with planning. The CPRE was concerned enough to seek a legal opinion, which implied that the scheme might taint the planning decision-making process. The supposition was that the scheme might encourage local planning authorities to take non-material considerations into account when determining planning applications for new homes.
The CPRE is right to keep a keen eye on this issue but in some instances its press releases and briefings have unnecessarily added to the sector’s confusion and alarm. It has raised fears that that NHB will undermine the planning system and result in,
“hugely damaging consequences for local communities and the environment”,
and result in any local decision in which a local finance consideration were taken into account being,
“legally ‘tainted’ and open to question”.
The clause itself, which the Government prepared in an attempt to ensure that local finance consideration would not be taken into account in inappropriate circumstances—in other words, to address the CPRE’s core concern—has been branded as,
“a brazen attempt to legalise cash for sprawl”,
and as a temptation for local planning authorities to,
“fill shrinking coffers by permitting any development, regardless of its environmental impact or the views of local communities”.
All such claims, though doubtless borne of genuine concern, are based on a false premise about the effect of the clause. As such they are rather misleading. To be clear, the clause simply restates the existing legal position, confirming for the avoidance of doubt that, like any other consideration, a matter such as the NHB or CIL must be taken into account if they are material to the planning application under consideration.
Inevitably, the CPRE activity on this issue has not helped the confusion already apparent in the sector, evidenced, for example, by the London Borough of Islington which, in its response to the NHB consultation, said:
“The government should make it clear whether NHB can be taken into account as a material consideration when determining planning applications”.
It was precisely to address this confusion and to give a clear and lasting reminder that local finance considerations should be taken into account only where they are material in the long-understood sense—in line with case law—that Clause 130 was prepared.
It is clearly untenable to allow confusion to linger, particularly within the bodies responsible for making planning decisions. As I said in Committee, this would undermine the planning system’s integrity and affect public confidence. Making the legal position more clear should reduce the risk of local planning authorities being accused of letting financial incentives improperly influence their decisions and so facing legal challenges to their decisions.
In Committee, my noble friend Lady Hamwee asked why the necessary clarification could not be given in guidance. As I indicated at the time, we thought carefully about the option. However, the Government concluded that with confusion on this legal and technical issue so prevalent, the only responsible option was to bring the desperately needed clarity to the fore by using the Localism Bill.
Given the significant accusations the CPRE was asserting, the consequent confusion that local planning authorities were faced with, and the grave risk which that confusion posed to the proper operation of the planning system, we felt it essential to clarify the position and clear up the confusion in law. Using the Localism Bill presented the most immediate and visible way to set the record straight on this important message. As the confusion concerned the legal position it made sense to use legislation to clarify the point and provide councils with reassurance on what they should and should not legitimately do.
It may be helpful if I remind the House of the tests for a material consideration. I know some noble Lords remain uncertain as to the circumstances in which the NHB or the community infrastructure levy might be material to a particular planning decision. Current statute confirms that in determining planning applications regard must be had to the development plan so far as it is material to the application and to any other material considerations. Statute does not define what a material consideration is but clear tests for materiality have been developed through case law.
Earl Attlee
My Lords, I feel slightly disappointed that I have not managed to convince all noble Lords of my position. However, I do not feel in the slightest that I am in a hole. I am entirely comfortable with Clause 130 and the Government’s position. It was mentioned that this was introduced as an incidental matter in the House of Commons. Your Lordships are quite used to matters being sneaked into a Bill in the other place and then coming to your Lordships' House for detailed scrutiny, which is exactly what we are here for.
The noble Lord, Lord Howarth, discussed my assertion that the Bill does not change the law, but my contention is that the clause is essential. On my point that it does no harm, the harm has been done by opinions that have muddied the waters in the past with regard to the NHB, and therefore it was necessary to introduce Clause 130. My noble friend Lord Greaves raised the issue that we need to be sure that the money will be tied to a project. In his expert case study, he described a situation in which the political landscape could change. The CIL-charging authority will need to be sure that it will spend the money in the way anticipated at the planning decision stage. If not, and things change, it may be challenged on the grounds of legitimate expectation. The local planning authority and the CIL authority will need to be sure that the money will be spent in the way anticipated.
I gave the House a very detailed exposition of my position and we have had an excellent, thorough and useful debate on this clause. I must thank my noble friend Lord Greaves in particular for highlighting the scope for the clause to be made clearer on the point of weight. In light of what I have said, the House can be confident that the clause poses no threat to the fair and proper operation of the planning system. I hope your Lordships are now happy, if a little reluctant, to support Clause 130 and the important elucidation it brings to the question of when local finance considerations can be taken into account in planning decisions. With the further refinements made by the Government’s amendments, it is not clear to me that there is any problem left to solve. I hope, therefore, that my noble friend Lady Parminter will feel able to withdraw her amendment at the appropriate point and support the Government’s amendment.
Lord McKenzie of Luton
My Lords, the issue of green belt is one of those matters which has caused great consternation. Obviously, we will have to await the final version of the NPPF. Of course, it is not for me to defend the NPPF in its current form, but as currently drafted it seems to address what the noble Baroness is in part seeking. The NPPF states that:
“A local planning authority should regard the construction of new buildings as inappropriate in Green Belt. Exceptions to this are: limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan; or limited infilling or the partial or complete redevelopment of previously developed sites”.
That is envisaged within the NPPF as I understand it.
In terms of the infrastructure, it is not always right that the services and infrastructure exist before, rather than being provided as a consequence or as part of, the development. I understood that it might be implicit in the noble Baroness’s amendment that it needed to be there before, rather than arising as an alternative. Therefore, I struggle to support the amendment in its current form. But the issues around development in the green belt are very important. We need to track what is going to happen and what the final version of the NPPF will be.
Earl Attlee
My Lords, my noble friend’s amendment seeks to allow infilling on green belt land if,
“sufficient infrastructure and services exist as to make the development reasonable”.
This test is not related to green belt policy, which is about preserving openness, preventing the unrestricted sprawl of built-up areas and preventing the merger of towns. You could well have land with sufficient infrastructure, but allowing development on it would put at risk the key principles of the green belt policy. In any case, the law already requires determinations under the Planning Acts to be made in accordance with the development plan,
“unless material considerations indicate otherwise”.
Infrastructure is one of the material considerations routinely taken into account by decision-makers in planning cases.
As observed by the noble Lord, Lord McKenzie, the draft national planning policy framework contains the Government’s proposed policies on planning, including the green belt. It includes exceptions, set out in a similar way as current green belt policy, for certain categories of development. For example, it allows for the re-use of buildings, and the extension or replacement of dwellings. It also provides for the infilling or redevelopment of previously developed sites. I believe that these policies provide the flexibility to achieve the outcomes which my noble friend is seeking.
Given that current national policy has delivered a strong level of protection, I do not think it appropriate to make changes to green belt policy through legislative means. If changes are required to green belt policy, they should be carefully considered as part of the ongoing consultation and, if appropriate, taken forward through the framework. I hope that my noble friend will feel able to withdraw her amendment.
Baroness Gardner of Parkes
My Lords, it seems to me that the policy has always existed about being able to use infill sites. The real debate is: what is an infill? I remember the case of Little Paddock in Pinner from when I was on the Greater London Council. There were huge rows which went on for a period of a year or so about whether it was an infill. I do not know how it was eventually decided other than that eventually someone was allowed to build on it. Whereas in other cases I have met, people have been told, “Oh, well this has been a little smallholding, so if you put a barn on it, and you make it possible to live in the barn, you’ll be able progressively to convert it”, in the way that the Minister has just said, saying that you can rebuild and change things slightly. That seemed to be such a false way of allowing it, to have a creeping development into this infill site.
As I said, I have known some that were described as not being infills being definitely described as green belt even though there were huge conference centres adjoining them. It is a question of this definition of infill, which I hope can be clarified in due course. Meanwhile, I beg leave to withdraw the amendment.
Earl Attlee
My Lords, I am grateful to the noble Lord, Lord Best, for moving his amendment again as the matter has moved on a little. Amendment 232 would provide regulation-making powers to allow commons registration authorities to decline new greens applications if there was insufficient evidence that they could meet the necessary criteria, or if they were frivolous or vexatious, and to award costs. It would also prevent applications for the registration of land on which use for sports and pastimes ceased before 6 April 2007 if the land was subject to planning permission.
The Government share the concerns lying behind the amendment about the way in which the new greens registration system is being used in some cases to hinder legitimate development. I said in Committee on 14 July that the Government hoped to make an announcement on town and village greens shortly. On 25 July, we published a consultation document proposing reforms to the new town and village greens registration system. Coincidentally, that consultation closes this evening.
The noble Lord, Lord Best, asked what can be done through regulation. Through regulation, we can consider streamlining the process for registering greens and setting the fees. The consultation includes a proposal to rule out applications for land which is subject to a planning application or planning permission. This would address the purpose of subsection (5) of the amendment. It also includes a proposal to rule out applications for land which has been identified for development or protected by the local green spaces designation in a local or neighbourhood plan. There is also a proposal to introduce fees for applications.
Commons registration authorities already have the power to reject new town and village green applications that are incomplete or lack the requisite evidence for registration. However, a specific power to deal expeditiously with such matters will provide an increased level of confidence to authorities. For that reason, we have proposed to streamline the sifting process. My noble friend Lady Byford and the noble Lord know that we are still consulting on our proposed reforms, though the deadline fast approaches—in fact, it is tonight. I am sure that they will appreciate how those who have responded to the consultation would feel if we were to legislate now in the manner suggested, without, it would seem, hearing their views on the options we have set out.
I have made it clear that the Government share the concerns of my noble friend and the noble Lord. As the Minister for the Natural Environment and Fisheries said in his introduction to the Government’s consultation, we plan to announce our conclusions early in the new year. We will want to work with my noble friend, the noble Lord, Lord Best, and with others with an interest in taking these conclusions forward. In the mean time, I would prefer not to second-guess what those conclusions will be without having first carefully digested the response to the consultation.
Lord Best
My Lords, I think there is some helpful material within that. There are still 58 minutes in which people can give their responses to the consultation document. I am grateful for that response. We will be able to look at it at our leisure. I beg leave to withdraw the amendment.
Earl Attlee
Earl Attlee
My Lords, I beg to move Amendment 232AB and will speak to Amendments 232AC to 232AR. I have a short speech and a very short speech. The sense of the House is rather for the latter. Amendments 232AB to 232AR amend Clause 218, which reforms the planning assumptions for compulsory purchase compensation. Amendments in this group extend the application of Clause 218 to Wales as well as England following a legislative consent Motion before the National Assembly. The other amendments, particularly Amendments 232AE and 232AR, make technical drafting changes so that the provisions work as intended. I beg to move.
Lord Boyd of Duncansby
My Lords, briefly, Clause 218 was put in without any debate in Committee. I simply thank the Government for having looked at the issue, bringing forward Clause 218 and then engaging with the Compulsory Purchase Association to discuss the amendments that are now being moved by the Government. I very much welcome this. Part 8 is an important part of the new Bill. I thank noble Lords for their time.
Earl Attlee
“14 Taking account of actual or prospective planning permission”
Earl Attlee
Baroness Hanham
Baroness Hanham
War Memorial Gardens
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Lord Berkeley
To ask Her Majesty’s Government whether they will introduce legislation concerning the use of war memorial gardens for entertainment purposes.
Earl Attlee
My Lords, the Government have no plans to introduce legislation concerning the use of war memorial gardens for entertainment purposes. It is for local authorities to take decisions on such matters where they own the land. In doing so, we would expect them to take into account the sensitivities of the local communities involved.
Lord Berkeley
I am grateful to the Minister for that Answer. This Question arises from an application for two months of corporate events in Trinity Square Gardens, a memorial in the City to the many hundreds of thousands of merchant seamen who lost their lives in the major wars. As noble Lords will know, this has generated widespread disgust. I congratulate the mayor and Tower Hamlets Council on rejecting this application in the past 24 hours, but can the Minister offer an opinion on whether it is appropriate that those who caused the financial crisis, often got bailed out by the taxpayer and are still awarding themselves mouth-watering bonuses should ever be allowed to dance around memorials like this?
Earl Attlee
My Lords, first, I should remind the House of my interest as I am still a serving officer in the Territorial Army. This is a Question about war memorials, not regulation of the City. But what I would say is that, when opposing the proposed event at Trinity Square Gardens, the Deputy Master of Trinity House, Rear Admiral Sir Jeremy de Halpert, wrote this:
“It is the tranquillity and character of the entire garden that delivers the respect and atmosphere for quiet contemplation and reflective memory of loved ones and comrades. There are only a few places which mark the selfless sacrifice of so many in the cause of the freedom we now enjoy”.
Few could have expressed our sentiments better.
Lord Cope of Berkeley
My Lords, I am a trustee of the War Memorials Trust and of course I deplore any inappropriate use of gardens and war memorials. At the same time, I am sure that it is not a matter that should be the subject of legislation. It is one for the custodians of the individual memorials, for local authorities and so on. That, after all, has brought the right decision in this case.
Earl Attlee
My Lords, I agree entirely with the sentiments of my noble friend. It is important to understand that nothing has gone wrong here. An event was proposed, it was considered and, quite rightly, it was determined that it was inappropriate.
Lord West of Spithead
My Lords, I declare an interest as president of the Merchant Navy Association and president of the Merchant Navy Medal. At the annual service for seafarers at St Paul’s yesterday, a large number of Merchant Navy and former Merchant Navy personnel spoke to me. I think that we have come to exactly the right conclusion about this affair.
Do the Government have any plans to celebrate appropriately the 70th anniversary of the Battle of the Atlantic in which 25 per cent of the Merchant Navy sailors involved were killed, an unbelievably high percentage, and something that I fear is often forgotten by the nation?
Lord Lee of Trafford
My Lords, would it be possible to encourage a national programme in which schools adopt their local war memorial, thereby making youngsters more aware of our history and of the sacrifices made, as well as helping with maintenance?
Earl Attlee
My Lords, that is a very good idea. I am sure that schools can do so if they wish to. One of the gratifying things that I see on battlefield tours in Europe is coach loads of British schoolchildren doing what they should do and learning from the mistakes we have made in the past.
Lord Phillips of Sudbury
My Lords, does the admirable self-denying ordinance of my noble friend the Minister in terms of yet more legislation represent a turning point? Might it be a model for the future?
Earl Attlee
My Lords, as a good Conservative, I recommend legislation and regulation only when absolutely necessary.
Baroness Royall of Blaisdon
My Lords, will the Minister take this opportunity to agree with me that the War Memorials Trust and the Commonwealth War Graves Commission do the most magnificent job for the people who fell in the world wars, those who lament the loss of their loved ones and also for us? It reminds us of the evils of war but makes us proud that we continue to look after the graves and war memorials.
Earl Attlee
My Lords, I could not possibly agree with the Leader of the Opposition to any greater extent.
Lord Brooke of Sutton Mandeville
My Lords, is my noble friend aware that thanks to the late Fred Cleary there are approaching 250 gardens within the City of London? I acknowledge that some of them are in horse troughs and window boxes but there are a large number of alternative gardens which could be used for the purpose of the original application.
Aviation
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Earl Attlee
My Lords, I start by congratulating my noble friend Lord Rotherwick on securing this debate. My noble friend said that he was worried, but he need not be, not least because of his skilful advocacy of general aviation. We have heard about the significant contribution that the general aviation sector makes to the UK economy, and we must not forget the social benefits of GA as well. It provides many thousands of enthusiasts with the chance to enjoy their passion for flying, provides world-class training for pilots, technicians and many other roles, and inspires youngsters to take up a career in aviation. The noble Lord, Lord Davies of Oldham, rightly mentioned the vital air ambulance services.
The existence of a network of general aviation airfields across the country plays a key role in the success of this sector, linking business centres that are not otherwise served by commercial air services, and providing the basis from which various recreational and sporting aviation activities take place. My noble friend Lord Rotherwick and others mentioned the employment opportunities that can arise. Reference has been made to the current planning system, which, I regret to say, has become unwieldy and complex, making it hard for experts to put into practice, let alone communities to understand. Instead, the Government are committed to putting in place a simpler, swifter system that everyone can understand. This afternoon's debate will, I hope, reassure my noble friend that the policies within the draft National Planning Policy Framework support and maintain appropriate protection for our important general aviation sector.
The draft framework streamlines current national planning policy into a consolidated set of priorities to consider when planning for and deciding on new development. It will help to ensure that planning decisions reflect genuine national objectives, such as the need to safeguard the natural environment, combat climate change and support sustainable local growth.
Lord Deben
Did my noble friend notice that the noble Lord the spokesman for the Opposition made it quite clear that the Opposition did not take an interest in the environmental case, which enabled us to say that the expansion of Heathrow was a bad thing, but tried to suggest that it was a party-political decision rather than one of high moral standing?
Earl Attlee
My Lords, I try to minimise my party-political comments as much as possible and normally manage to confine them to the noble Lord, Lord Davies of Oldham.
Planning decisions should support those national objectives while allowing local councils and communities to produce their own plans, reflecting the distinctive needs and priorities of different parts of the country. The draft framework sets national priorities and rules only where it is necessary to do so. The principle of sustainable development permeates the draft: that the actions we take to meet our needs today must not compromise the ability of future generations to meet their own. I will not be drawn any further into defining “sustainable development”.
To help support economic prosperity, the draft framework contains polices on planning for business, transport and infrastructure. To support quality of life, there are policies on housing, design and the green belt; and to help protect our environment there are polices covering climate change, and our natural and historic environment.
As my noble friend Lord Rotherwick noted, the transport polices within the draft framework streamline current transport policy contained within PPG 13 on transport. However, it is important to emphasise that the current core policy approach for planning for airports and airfields has not changed. The draft framework asks local councils to consider the growth and role of airports and airfields, which are not subject to a separate national policy statement, in serving business, leisure, training and emergency service needs. Local councils are also asked to consider the principles set out in the relevant national policy statements and the Government's framework for UK aviation, which is under development. So in answer to my noble friend’s question, I do not feel that specific further protection provisions for airfields are needed in the NPPF if they are to be set out elsewhere.
Reference was also made earlier to previously developed land. On this, the Government want to hand responsibility back to local councils and communities to decide which developable land should be used in their areas. The draft framework still encourages the use of previously developed land for development. It states that,
“plans should allocate land with the least environmental or amenity value”.
That means, of course, using derelict land when considering where to develop in the future. But it also allows restored green space that was once in industrial use, such as urban nature reserves, to be protected.
The reforms will give power back to local communities to decide the areas they wish to see developed and those protected away from the interference of Whitehall. The definition of “previously developed land” within the draft framework remains the same as that set out within PPG 3 on housing. It is defined as land which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed-surface infrastructure.
However, in determining the future use of an airfield which is deemed to comprise,
“land with the least environmental or amenity value”,
the local council will need to also consider the role of the airport or airfield in serving business, leisure, training and emergency service needs, and ensure the location of the proposed development is appropriate and sustainable when considered against all of the policies within the national planning policy framework, the local plan for the area and any other relevant material planning considerations.
I note that the General Aviation Alliance has responded to the Government’s call for comments on the draft framework. I can assure noble Lords that during the weeks ahead the Government will consider all the suggestions that have been made as part of this consultation and will ensure that the policy adopted will continue to protect against inappropriate development, while also enabling local people to plan for the sensible and well designed development that provides homes and jobs, on which the future prosperity of their community depends.
I will try to answer as many specific questions as possible. I always look forward to the comments of the noble Lord, Lord Davies of Oldham, and I will of course be positive. The noble Lord knows perfectly well that a policy framework for aviation will not be completed in a few months, as he suggested. The noble Lord will also recall that Heathrow, while very important, is not generally involved in general aviation activities, for obvious reasons, so I will resist the temptation to get involved in debating Heathrow.
My noble friend Lord Rotherwick asked about the supporting aviation infrastructure network. The draft NPPF asks local councils to work with neighbouring councils and transport providers to develop strategies for the provision of the viable infrastructure necessary to support sustainable economic growth. This includes the transport investment necessary to support strategies for the growth of airports. My noble friend also asked about extending the safeguarding to all GA airfields and small airports. This would require careful consideration as there is potential for conflict with other aviation interests and wider government aims. The safeguarding process includes protection against other aviation activity; given the significant number of aerodromes across the UK, there is a real risk of overlapping safeguarding zones. Where this occurred, local planners might be forced to prioritise one aerodrome over another, which may in turn work to the detriment of general aviation.
My noble friend Lord Sharkey asked a number of questions, including one about UK flight training. He will recognise that there are a number of commercial and operational reasons why flight training organisations conduct some or all of their training outside of the UK, despite the observations of my noble friend Lord Goschen about the high quality of UK training. These include increased competition from flying schools in other countries, rising costs—including VAT—and the complications afforded by the weather and congested airspace in the UK. Mitigating some of these taxation issues, even if desirable, could cause considerable problems with the EU state aid rules and the principal VAT directive. However, the UK has implemented the mandatory exemptions for suppliers of education laid down in Article 132 of the principal VAT directive. My noble friend also asked about renewable energy. The coalition Government have made clear their commitment to increasing the deployment of renewable and low-carbon energy across the UK.
My noble friends Lord Sharkey and Lord Goschen also asked about European issues related to pilot licensing and EU regulation. The UK supports the principles of proportionate regulation and the view that new EU regulatory proposals should be supported by a meaningful impact assessment that reflects different types of aviation activity across the sector. A one-size-fits-all approach is not always the best solution. My noble friend Lord Goschen compliments the UK regulatory regime—he should do because he had ministerial responsibility for it at one point.
The noble Earl, Lord Stair, asked about a sustainable framework for aviation. The Government are currently developing a new policy framework for UK aviation. A scoping document was published on 30 March, setting out our priorities for aviation, and the extended call for evidence closes on 20 October. The scoping document asked a series of questions, some of which are specifically directed at the GA sector, including the balance to be struck between conflicting demands such as housing and maintaining a network of GA aerodromes. I can assure the noble Lord that a number of GA stakeholders have already responded and their views will be taken into consideration alongside those of other respondents as the policy development process moves forward. The noble Earl asked about the protection of agricultural land. The policy in the draft framework maintains the agricultural land protections currently set out in planning policy statement 7.
My noble friend Lord Goschen asked about the local impacts of airfield development. The draft framework includes a policy that asks local councils to ensure that the new development is appropriate for its location, having regard to the effects of pollution on health and the natural environment or general amenity and taking into account the amount of potential sensitivity of the area of proposed development to adverse effects from pollution. This policy would apply to planning proposals nearby or next to airports or airfields. Therefore, where noise is likely to be an issue to the proposed site or development, the location is likely to be deemed inappropriate.
In conclusion, I thank my noble friend for his short debate and all his efforts in supporting the general aviation sector.
Localism Bill
Earl Attlee Excerpts(12 years, 8 months ago)
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Baroness Gardner of Parkes
My Lords, I was very involved in housing when Parker Morris standards were still used—
Baroness Gardner of Parkes
I am sorry; I just wanted to raise the issue of Parker Morris standards, which I think I can do as the noble Lord is responding to that report.