Housing and Planning Bill (Seventeenth sitting)

Debate between Gareth Thomas and Stephen Hammond

Thursday 10th December 2015 Public Bill Committees

[Mr Thomas]

I will just give the hon. Member for Wimbledon this example, because he may also want to intervene, and I will happily take the hon. Lady’s intervention when I have done so. On Willow Lane industrial estate, some 40 small businesses with 150 employees were told to search for new premises, because there was a desire to convert the premises that they occupied into flatted accommodation.

[Stephen Hammond]

The industrial estate that the hon. Gentleman cites is not in my constituency; it is in that of his colleague the hon. Member for Mitcham and Morden (Siobhain McDonagh). As I pointed out earlier, a derelict office building has been brought into use to create 70 new flats for tenants who have come, I think, from the borough of Tower Hamlets. Before he prays too much against it, I think we need to be careful, because it is, as my hon. Friend the Member for Croydon South has pointed out, creating real opportunities for low-cost housing.

[Mr Thomas]

The hon. Gentleman’s example of a derelict office block being brought into use as housing is absolutely encouraging. There is nothing to say that had it gone through the planning application process, those flats or other forms of accommodation could not have been provided. The planning application process allows the local community to think about the impact on jobs and the business community of particular applications. I apologise to the hon. Member for South Ribble; I am happy to give way to her.

Housing and Planning Bill (Fourteenth sitting)

Debate between Gareth Thomas and Stephen Hammond

Tuesday 8th December 2015 Public Bill Committees

[Stephen Hammond]

I share your excitement that this is our penultimate day of scrutiny, Mr Gray, and I am pleased to see you in the Chair.

Many of us have a number of developments in our constituencies that are mostly popular and enjoy almost universal acceptance, but have controversial aspects. I can think of three sizable potential developments in my constituency where a large amount of what is being proposed is universally popular, but small elements are not so popular. I can think of one within the last year to which that applies.

The three amendments would make a relatively small technical change that is absolutely in line with what the Government are trying to do—to bring forth more housing and more development more quickly. The thrust of the amendments is to give local planning authorities exactly the same power as the Secretary of State has on appeal to grant planning permission for part of a development proposed. Such a power would be useful where planning applications can be split into several different elements, one of which is acceptable. I can think of a regeneration scheme currently going through for the southern end of my constituency, large elements of which are popular, but there are two controversial elements involving the scale and density of certain housing.

The amendments would put into statute a power for planning authorities. At present, planning authorities have the implicit ability to grant a lesser permission by using some of the conditions—a relevant case is Kent County Council v. Secretary of State for the Environment 1976. The planning practice guidance says that express powers to issue split decisions were given to the Secretary of State and the inspectors in section 79 of the Town and Country Planning Act 1990 when it was amended, allowing the Secretary of State and inspectors to reverse or vary any part of the decision of any local planning authority where the approved part is severable or substantially different from the scheme applied for. Those factors need to be taken into consideration.

The three amendments have considerable support. The chairman of the board of the Planning Officers Society recently spoke in favour of such an amendment. The amendment would grant the ability on appeal to approve a scheme, the larger part or some parts of which enjoy great support, while other parts do not.

[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

Will the hon. Gentleman give way?

[Stephen Hammond]

I will, but I am keen to move the Committee quickly.

[Mr Thomas]

It is always important to debate new provisions. In that spirit, I am grateful to the hon. Gentleman for giving way. I think of the proposal to redevelop the College Road site in my constituency. The bottom area, in which a new square is proposed to attract high-end restaurants and so on, is very popular, but the height of the overall development, at 20-plus storeys, is not popular. Might that development benefit from his amendment, or would it not be covered?

[Stephen Hammond]

From that limited explanation, I think it probably would be covered. As I said in my opening remarks, we all know developments where parts enjoy substantial support, yet some elements do not, particularly if the parts are severable from each other inside the application.

The amendments would allow a scheme to be approved in part. The purpose is to allow development to get under way more quickly. I accept that there will be circumstances where it is inappropriate or impossible to separate parts of schemes, but the amendments would allow developments and housing supply to happen more quickly, which is the thrust of the Bill. I hope that the Minister will either reassure me that his interpretation of the Government’s interpretation of the guidance is sufficient—many planning officers do not think it is—or let me know what his thoughts are and whether there may be room for discussion before the Bill proceeds further.

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[Stephen Hammond]

I beg to move amendment 193, in clause 104, page 49, line 3, at end insert—

“(4B) In section 106 (Planning obligations), after subsection (2) insert—

(2A) A local planning authority may enter into a planning obligation as a person interested in land and as the local planning authority, including an obligation by agreement in both categories.”

This amendment empowers local planning authorities to make planning obligations binding their own land, for example, if they wish to grant planning permission prior to selling land for development.

Again, the amendment is designed to allow housing development to come forward substantially more quickly. The issue it deals with is relatively minor but relatively important. One of the thrusts of the Government’s plans to bring forth more applications is to bring excess unused public land into use more quickly. Local planning authorities will often seek planning permission on their own land, either for their own schemes or to sell land with consent for development. Developers may also seek to get planning permission on the land when it is owned either in whole or in part by local planning authorities. Given that the Government intend to make public sector land available for development, I think it is highly likely that we will see more applications that fit in this category over the next few years.

At the moment, a planning obligation will bind the interests in land only of the parties to it. The problem—I accept it is relatively small—is that a local planning authority can enter into a planning obligation as the landowner, and there is concern about whether, legally, it can enter into an obligation with itself. As my hon. Friend the Minister will know, there is some case law that obscures whether this can happen, but if the local authority cannot do so, there will be some issues about how quickly that land can be brought into use. The attempts to get round this, as he will know, are complex, uncertain and likely to cause delay. This relatively simple amendment will allow a local planning authority to enter into a consent with itself.

[Mr Thomas]

I want to support the hon. Gentleman as a fellow London MP, but I think it would help him to gain the Committee’s support if he could give us some examples of where the problem he describes has been enough to stop development going ahead. I do not want to cause him trouble or difficulty, but I want to see how serious the problem is.

[Stephen Hammond]

The hon. Gentleman will have noticed that I prefaced my remarks about the clause by saying that is a relatively small but nonetheless important point. It is likely to become more important as we see more and more unused public sector land released. I can think of a circumstance of a relatively small pocket of public land where a local authority was the owner, but was also acting as the authority in terms of granting planning permission to produce a scheme of, I think, 12 properties in part of my constituency. I know there are a number of planning experts on the Committee with much greater knowledge than I have who would be able to confirm the point that, although such cases may not be numerous, resolving the issue is complex and there may be problems in bringing land forward.

I am not suggesting that it is a huge problem, but a relatively small amendment to section 106 of the Town and Country Planning Act 1990 will authorise a planning authority to act as a party with an interest in the land as well as the planning authority granting an obligation. That obligation may be made unilaterally or by agreement, so it is important that it is legally acceptable when made by agreement. I look forward to the Minister’s response. The amendment, rather than like my previous ones, would help the Government with its ambition to bring forward housing developments more quickly.

Housing and Planning Bill (Tenth sitting)

Debate between Gareth Thomas and Stephen Hammond

Tuesday 1st December 2015 Public Bill Committees

[Stephen Hammond (Wimbledon) (Con)]

I have listened very carefully to the hon. Lady’s long explanation of her amendments. She might want to think again about amendment 151. As a Member representing a London constituency, I absolutely agree with the thrust of what she said: the proceeds of the sales should ensure that there is extra affordable housing provision in London. My hon. Friend the Member for Croydon South has already pointed out the potential internal contradiction between “assessed local housing need” and “of the same tenure”. I could spend quite a lot of time discussing whether housing of the same tenure would be appropriate.

The hon. Lady should also think about a current example of how boroughs in London find ways to solve their housing need. There are 75 people who were on the housing list in Newham who have been found properties in my constituency because of the ability to move around within Greater London. The hon. Lady needs to think very carefully about the workability of the provision that new homes are in the same London borough.

[Mr Thomas]

rose—

[Stephen Hammond]

I will give way very briefly, because I want to win the record for the shortest speech and have the hon. Gentleman champion my career as well.

[Mr Thomas]

I have always had a sneaking regard for the hon. Gentleman, so perhaps he may persuade me on that at a later point. What is to stop a housing association that operates in Harrow, and is required to sell off housing stock in Harrow, using the grants that it is given from the Government to build like-for-like housing not in Harrow and not in London, but in Great Yarmouth or Nuneaton?

[Stephen Hammond]

If the hon. Gentleman looks carefully at new clause 1, which I and others tabled, he will see that it is more ambitious than the amendment because: first, it seeks a greater number; and secondly, it uses the term “Greater London”. I absolutely agree with the thrust of the hon. Gentleman’s point, but this amendment has some real potential dangers that would go against what the hon. Lady actually wants to do. We also really need to look at the spread of tenures that could be replaced to be more in line with London’s needs. The money could be kept in London, and this amendment is too restrictive. I urge the Minister to accept the principle but to firmly reject amendment 151, because I do not believe that it is in the best interests of London.

Housing and Planning Bill (Seventh sitting)

Debate between Gareth Thomas and Stephen Hammond

Tuesday 24th November 2015 Public Bill Committees

[Stephen Hammond]

I shall not detain the Committee long, but these are significant and helpful amendments for the Mayor of London, in particular, and the Greater London Authority. I listened carefully to the Minister’s response to the hon. Member for Harrow West when he said that the proposals were very much for local authorities to have access to the database. These two amendments work together. I take his point that the powers are for local authorities, but I hope he will accept that in London the Greater London Authority has a strategic role, if not a direct role, in housing, in assessing the overall housing demand, and in planning. It obviously generates some of the housing supply in London, so I hope that he will consider that there is a strategic role, but more importantly, access to the database would allow the Mayor’s London rental standard to be better informed.

These two small amendments seek to do two things: to put on to the face of the Bill that the Greater London Authority should have access to the database, and to limit its powers regarding the use of that information to exactly those of the Secretary of State, which are to use it for statistical or research purposes.

[Mr Thomas]

Not that it will affect how I decided to vote on this issue, but it would be illuminating to discover whether the Mayor of London and his housing adviser support these two amendments.

[Stephen Hammond]

I have had various discussions about a number of amendments with the Mayor and his housing adviser, and they have indicated that they would regard these amendments as perhaps not essential but helpful, purely on the basis of better informing the London rental standard.

[Mr Thomas]

I rise to speak in support of the hon. Gentleman. I hesitate to destroy his career by doing so, but if it offers him any help, I will now champion his future career, so that his Whips are hopefully unable to spread doom and gloom about it.

This point about the London rental standard is important, because, good thing though it is, it does not seem to be having a huge impact. The brutal truth is that the Mayor had hoped to have 100,000 landlords registered by the end of next year. At the end of last year, as I understand it, about 15,000 were registered, at best. That does not suggest that the Mayor is on course to succeed in his aim of having 100,000 landlords or letting agents signed up, which, given the scale of the housing crisis and the importance of the private rented sector in London, is a real concern.

It is worth pointing out some statistics from Shelter, which reports that 25% of Londoners rent privately and that figure is expected to rise by 2020, when the next Labour Government will be elected, to one in three, which is all the more reason urgently to seek to drive up standards in the private rented sector. Although clause 30 is merely about access to a database, I encourage the Minister, when reflecting on the debate we have just had on clause 29, to ask his officials and organisations such as Shelter whether there might be merit in requiring other statutory bodies to support the database and to provide information to it.

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[Mr Thomas]

I am grateful for the opportunity to speak again. I do not understand why the Mayor of London should be such a controversial figure for the Minister not to want to share information. I appreciate there needs to be a bit of thought, and I appreciate that the Minister of State has been a bit grumpy today and that may be precluding the Parliamentary Under-Secretary’s room for manoeuvre. However, I hope the hon. Member for Wimbledon will be sufficiently robust in his attitude to the Minister’s answer to fight the cause for London and say that we need to make a decision now to strengthen the London rental stake.

[Stephen Hammond]

I think the hon. Member for Harrow West and I must have heard a different answer from my hon. Friend the Minister. I heard him say that if I could work with his officials to ensure that access to the database would be on an anonymised basis, he would bring forward on Report broadly the amendments I am proposing, but with the caveat that he wants anonymisation of the database. That would fulfil the Mayor’s purpose, because the Mayor wants access to the data for statistical and research purposes.

I am pleased to hear that the Minister has accepted the concept of the amendments. I am sure that he and I will be able to work together to bring forward some wording on Report—I am afraid I heard a slightly different conversation from the hon. Member for Harrow West. On that basis, given the Minister’s warm welcome for the concept and his warm words of reassurance, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.