Oral Answers to Questions
Debate between Kit Malthouse and Roberta Blackman-Woods(5 years, 2 months ago)
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Kit Malthouse
The Chairman of the Select Committee is quite right to point out the timescale on which these measures have been under consideration, and I will certainly pass on his concerns to colleagues at the Department for Business, Energy and Industrial Strategy.
Dr Roberta Blackman-Woods (City of Durham) (Lab)
I will give the Minister another chance. Everyone—from the Royal Town Planning Institute to Friends of the Earth—has criticised the Government’s plans to allow fracking to take place under permitted development, rather than by achieving planning permission, not least because it bypasses the views and concerns of local communities. Given the Government’s silence on this matter since the consultation last year, will the Minister confirm today that the Government will not proceed to use permitted development for fracking and will not dilute regulations covering seismic activity—as requested by Cuadrilla, again, today—but will accept that fracking is environmentally unsound and invest more in renewable energy sources instead?
Kit Malthouse
The hon. Lady is normally quite precise, but I should correct what she said at the start. We consulted not on fracking taking place under permitted development rights, but on exploration in advance of a full application being made for fracking. Those consultations are still under consideration by colleagues, in particular those with whom we work closely at the Department for Business, Energy and Industrial Strategy. I will impress upon them the House’s demands this afternoon that a response be forthcoming.
Draft Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019
Debate between Kit Malthouse and Roberta Blackman-Woods(5 years, 3 months ago)
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Kit Malthouse
As I am sure my hon. Friend knows, there are controls within the local authority environment, such as the section 151 officer and, of course, the district audit function, which make sure that local authorities comply with the rules, particularly where cost recovery is the restriction. We are saying that their use of funds should be proportionate to the output that they produce. However, it is important that we invest money in transparency. If we are going to have credibility in the system, it is important that we take those steps.
The hon. Member for City of Durham asked how things would work in two-tier authorities, and we think we can address that point in guidance rather than through regulations. It will obviously vary from area to area. We have some two-tier authorities and some that are unitary, and we will address that through guidance.
The hon. Lady asked about the strategic infrastructure tariff. I think I am right in saying that, as the strategic infrastructure tariff is not enabled under the same planning Act, it has to come in by separate regulation. When a combined authority requests such, it is our intention to bring forward regulations.
The hon. Member for Bassetlaw and the hon. Lady both raised the cap on self-build on what I said in my speech were ordinary people—I hate using that phrase, because I do not think anybody is ordinary. We have seen perverse situations in the media where a delay in the submission of paperwork for a commencement order means that somebody building a home for their own occupation suddenly gets a huge charge, sometimes up to £100,000. The regulations cap that surcharge at £2,500, which is the figure that seemed to be acceptable from the consultation. We are also saying that it is a surcharge rather than a penalty, and we are giving local authorities the discretion to collect it or not. We recognise that for some local authorities the cost of collection may exceed £2,500, and, therefore, whether they collect that will be at their discretion.
The hon. Member for Poplar and Limehouse raised section 106 money for London. There is a separate figure. I do not have it with me at the moment, but I will write to him with it.
The hon. Member for Bassetlaw asked whether Traveller sites and park homes were exempt. It is essentially up to the local authority to determine its CIL charging policy. It will vary from area to area. Fundamentally, it is for his local councils to decide whether they want to charge it on park homes or Traveller sites or showman sites.
The hon. Member for Poplar and Limehouse raised a good point about the likelihood of local authorities combining section 106 and CIL. Obviously, the removal of the restriction will allow them to do that. However, as I said earlier, there are still greater restrictions on section 106—it has to have more of a connection to where it comes from— but we think there is merit in allowing authorities to combine the two for larger infra- structure projects when it is required.
I think that I have broadly covered all the issues that have been raised.
Dr Blackman-Woods
The Minister has not covered consolidation. Paragraph 49 of the Government’s response to the technical consultation on reforming developer contributions says that the Government will look at further consolidation. Is that likely to happen?
Kit Malthouse
Yes, it is likely to happen. We will look at further consolidation. As the hon. Lady will know, much of the thrust of policy coming out of the Department has been to create certainty and transparency both for local people and for the development community. Although the regulations appear complex in their formulation, they are actually designed to simplify and to make the levy more predictable and less perverse.
There were a number of questions about whether the regulations will result in more money for the local authority or less. On balance, my guess is that it will result in more, not least because there will be more certainty and the perverse disincentive for development will be removed. Greater certainty reduces risk, which should in the end result in more development, but I am more than happy to look at what more we can do for clarity’s sake.
The hon. Member for Bassetlaw raised a very good question about bringing derelict property into use. I think he is right that in the regulations such properties will not be exempt. However, there is a wider policy issue for the Government to address about the general disincentives in the system for investment in a property to bring it back into use. For example, in my constituency there is a very good pub called the Wellington Arms in Baughurst, which was a derelict pub for many years. It was bought by a couple of guys who brought it into use. It is now one of the best restaurant-pubs in the area. I try to eat there on a regular basis—I have to save up to go, but it is brilliant.
Of course, the immediate impact of the new owners’ investment was that they saw the rateable value of their pub rose from £12,500 to £55,000, with a commensurate effective taxation penalty for the investment that they had made and the employment that they had created. There is a wider question for us, as we move into a new phase, if you like, of government, about where we want the balance between incentive and disincentive for investment to sit.
I am grateful to the Committee for considering the regulations.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019.
Oral Answers to Questions
Debate between Kit Malthouse and Roberta Blackman-Woods(5 years, 3 months ago)
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Kit Malthouse
The hon. Gentleman, typically, raises an extremely important issue. As he will know, the proliferation of single-use plastics—or, indeed, the restriction thereof—is a matter for the Department for Environment, Food and Rural Affairs. We have made other progress, on top of the ban of microbeads, with the Secretary of State for Environment, Food and Rural Affairs having recently announced the ban on the distribution or sale of plastic straws and stirrers and plastic-stem cotton buds. The hon. Gentleman nevertheless raises an interesting point, particularly in respect of events, that we will ponder further.
Dr Roberta Blackman-Woods (City of Durham) (Lab)
More and more licensed premises are being granted extended opening hours, even when it has hugely negative consequences for local residents. Councils report that trying to stop there being too many licensed premised in an area through the use of cumulative impact assessments is too slow, burdensome and costly, as well as being ineffective. Will the Minister agree to work with his colleagues to amend the Licensing Act 2003 to ensure that there is a much greater community voice in licensing and greater alignment with planning policy?
Kit Malthouse
The hon. Lady addresses a significant issue that I had to address regularly in my previous life as deputy Mayor for policing in London. I recognise the impact that the proliferation of licensed premises in a particular area can have, not only on the community but on crime generally. It is incumbent on local authorities to have an authoritative and assertive licensing policy that sits alongside their local plan and planning policy, such that they can defend their policies in court or under judicial review, if that is the case. If the hon. Lady is concerned that that is not happening in particular authorities, I am more than happy to look into them and offer advice, where possible.
Architects Act 1997 (Swiss Qualifications) (amendment) (EU Exit) Regulations 2019
Debate between Kit Malthouse and Roberta Blackman-Woods(5 years, 5 months ago)
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Dr Roberta Blackman-Woods (City of Durham) (Lab)
It is a pleasure to serve under your chairmanship, Mr Davies. I thank the Minister for outlining what the statutory instrument contains. It is clear that it follows on from the SI that was made on 28 March and relates to a relatively small subset of that larger group of European architects that that SI referred to. On that basis, I will keep my remarks short, but I want to ensure that we have a complete understanding of what the Government seek to do.
Architects are one of the seven sectoral professions that benefit from automatic recognition under the current system, so if an EU, EEA or Swiss citizen meets the minimum harmonised standards, as set out in the directive, they are eligible to register and practise in the UK as an architect. The Architects Registration Board is responsible for the registration of all architects in the UK.
When, or if, we leave the EU, the directive will no longer apply. The SI ensures that the existing process for recognising EU and EEA-qualified applicants seeking to register as architects in the UK will operate effectively should we leave without a deal.
Dr Blackman-Woods
The Minister is nodding, so I assume that I have got that right. The current process will be frozen immediately before exit day, hence the need to plan ahead. The reason that Swiss architects were not considered last time is that neither the 2019 regulations nor the 1997 Act referred to the Swiss agreement. Is that correct?
Dr Blackman-Woods
Good—we can make progress. It is a pity that we have to put time in to preparing for a no-deal exit that the Government could clearly have taken off the table much earlier. Nevertheless, we are where we are and I prefer to focus my comments on the importance of supporting the architectural profession in the UK and ensuring that, post Brexit, it is able to draw on the expertise and creativity of architects right across Europe, including in Switzerland. That is especially important as the sector contributes about £4 billion—perhaps considerably more, even £5 billion—to the economy, and grows in importance all the time.
We need to maintain our position as a major global player in architecture. That has been recognised by the Royal Institute of British Architects, which has been clear that the sector is calling for access to the best talent and skills and common standards and compliance costs post Brexit. RIBA has made it clear that the architectural scene could be stricken by a shortage of talent should Brexit mean that free movement comes to an end and no mutual recognition of professional qualifications agreement is in place. Will the Minister comment on that? At the moment, it is not entirely clear that there will be an MRPQ agreement or that the Government are working on that.
I know from what the Minister said in a previous Delegated Legislation Committee that he is aware of the importance of the sector. Hansard notes that he recognised the sector’s exports surplus in particular, which was £437 million in 2015. As we recognise the importance of the sector, we need to ask a few questions. Such SIs put temporary solutions in place, but what additional resources can the Minister give to ensure that the long-term issue of registration and recognition of Swiss architects will be resolved?
I have asked the Minister about reciprocal agreements before but, in the light of this SI, I need to ask again. What reciprocal agreements have been put in place and are the Government working on them? The sector says that they are hugely important: 74% of architects believe that access to the EU is necessary and that without it, the industry’s future growth could be stymied. Sixty per cent. of architects surveyed by RIBA said that they have considered leaving Britain because of Brexit, which is 20% more than when the survey was first carried out in 2016. Brexit has already had an impact on the revenue stream of 68% of architects, and 43% of practices have had projects cancelled. We must ensure that no further damage is inflicted on the sector, and everybody seems to say that work on a detailed and inclusive MRPQ must happen as soon as possible.
Has the Minister made an estimate of the cost to businesses or architects’ practices of putting this new system in place? Also, what exactly will happen to the ARB after Brexit? Will it be given additional resources, or will the Government meet it to ensure that it is able to deal with this situation post Brexit?
In the last SI Committee related to the 1997 Act, questions were put to the Minister on how, if this does not work and there is not an MRPQ that everybody signs up to, we may end up in a situation where architects wishing to come and work in this country from across Europe, including Switzerland, will have to apply through the tier 2 visa process. The Minister did not answer questions about whether they will have to take that route or whether the Government will develop another route for them. Obviously, as this is a concern to the sector, I am very keen that he comments on that.
Clearly this SI is a tidying-up exercise. We do not wish to vote against it, because we want to support the architectural profession and ensure that, if UK architects want to employ architects from Switzerland, they are able to. However, I will be grateful if the Minister addresses the questions that have been raised.
Oral Answers to Questions
Debate between Kit Malthouse and Roberta Blackman-Woods(5 years, 6 months ago)
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Kit Malthouse
I think a feeling that everybody shares across the House is the desire to address what is undoubtedly a housing crisis. Governments of all stripes over the past 30 or 40 years have failed to build the houses that the country needs. We are applying significant resources to try to correct that problem.
My hon. Friend raises an important issue, in that local authorities also have a duty to put their shoulder to the wheel to deal with the housing problem. Through the national planning policy framework, we have put the power to do so in their hands. It is perfectly possible for his local authority to produce an authoritative and ambitious local plan that both satisfies the aspirations of local residents for the kind of housing they want and sends a signal to the development community about what it should be doing on the Isle of Wight.
Dr Roberta Blackman-Woods (City of Durham) (Lab)
The Housing, Communities and Local Government Committee has advised the Government that they need to do more to support neighbourhood planning in deprived areas. Does the Minister agree that he should give additional powers to town and parish councils to facilitate that and to ensure that all areas, especially those with acute need, are able to plan for and deliver the homes, including the social housing, that they desperately need, while also improving their wider built and natural environment?
Kit Malthouse
The hon. Lady identifies a significant intention of ours on planning policy, which is to put local communities of all types and in all parts of the country in control of planning. It is the case, unfortunately, that over the past 30 or 40 years many neighbourhoods have felt that they are victims of the planning system rather than its masters. We are keen to promote the use of neighbourhood plans in all sorts of areas—urban, rural or wherever it might be—so that local people are in control of the disposition, size, place and type of housing they want, subject to their joining us in the general mission to satisfy what is undoubtedly a huge desire in the next generation for new homes.
Oral Answers to Questions
Debate between Kit Malthouse and Roberta Blackman-Woods(5 years, 7 months ago)
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Dr Roberta Blackman-Woods (City of Durham) (Lab)
A recent report from Shelter states that permitted development is a totally
“unsuitable method of solving the housing crisis”,
and a Guardian piece at the weekend gave an example of permitted development rights flat conversions that are smaller than tiny hotel rooms and have no natural light and no communal space. The Government are presiding over a new generation of slum development. When are they going to deliver the properly planned, good quality, safe and healthy homes that our country and communities desperately need?
The Minister for Housing (Kit Malthouse)
Permitted development rights have produced 46,000 homes over the past three years. Those homes have to come from somewhere. They are not, as the hon. Lady said, slums. All permitted developments have to comply with building regulations. As she knows, we are currently reviewing building regulations to see what can be required. As part of the work on the social housing Green Paper, we may well also look at the decent home standards that could, in time, apply to the private rented sector.
Draft Construction Products (Amendment etc.) (EU Exit) Regulations 2019
Debate between Kit Malthouse and Roberta Blackman-Woods(5 years, 8 months ago)
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Kit Malthouse
The hon. Member for City of Durham asked a series of questions. I hope to answer them all; if I fail to, I am happy to write to her with some detail.
Although they are intended to be time limited, the hon. Lady is right that the regulations do not denote a time. That would be a matter for the Secretary of State, but fundamentally we will consult industry, as we have done in drafting the regulations, before we make any further changes.
On the hon. Lady’s question about harmonisation, as standards are introduced at EU level, our intention is, again, to consult business. As she will know, we are effectively going through a reform of the building regulations, and in particular the construction product process post Grenfell, and that process is necessarily very consultative with industry as we go. We are very keen to buy them in to a change of culture, both within the industry and regarding a new system of regulation around building safety and in particular around products. Frankly, that will be quite a large amount of work for the Department and the industry over the next few years, so it is vital that we stick together.
As for the EU accepting the UK mark, I do not believe that that matter has yet been concluded. It is obviously a matter for the EU; people would have to ask the EU about that. One would hope that, given that things will be identical—certainly initially—the EU would accept the UK mark, but that is obviously subject to the final agreement.
Dr Blackman-Woods
Can the Minister say something about the rest of the world, as well as the EU? What process do the Government have in place to ensure that the EU and other countries accept this mark?
Kit Malthouse
As I am sure the hon. Lady knows, the recognition of UK products around the world is subject to a number of agreements, some of which go via the EU and some of which do not, and are global, forming the regulatory regime that is constructed by other bodies.
We want to try to ensure through these changes to regulation that there is as much continuity—certainly initially—for the industry as possible, and that where there may be divergence or changes that are deemed to be in the best interests of the UK in the future, that is done on a very consultative basis with the industry, because although we may have views in the UK about how we want our building products to be manufactured and constructed, we obviously also have to bear in mind their saleability overseas, and where possible, we want to avoid manufacturers having to create two or more products for different sorts of markets.
Much of the attraction for somebody like me who voted to leave the EU is that we can play a much greater part in a global regulatory environment around particular product areas where we excel and where we will do well, because although there is a common regulatory environment within the EU, the hon. Lady will know that that is not true across the whole of the globe. We think that some of those growing markets in India, China and South America would benefit from having a global direction in terms of regulation, and we want to be able to play a part in that. For example, it is quite obvious that pharmaceuticals is moving to a global regulatory alignment, and that can be nothing if not good for a country such as ours, which leads in that sector.
The hon. Lady asked about trading standards being able to enforce this regime. On exit day, UK rules and standards will be the same as the EU’s. That means that the risk of products that do not comply with UK rules entering the UK will be no higher than it is now. The approach to enforcement is now, and will continue to be, intelligence-driven and risk-based.
The hon. Lady also asked a number of questions that were essentially about whether I am able to bind future Secretaries of State or Governments into an ever-upwards ratchet. Certainly, my own aspiration would be that any divergence, whether it is regulation of classes of performance or other matters to do with these products, should lead to an improvement in standards. However, as I say, I cannot speak for future Ministers, Secretaries of State or indeed Governments who might decide to do something other.
Dr Blackman-Woods
Does the Minister understand that that is the crux of the issue about this particular instrument? A number of consumers and citizens of this country are concerned because, when we leave the European Union, we do not want the quality and standards of our building products or any other products to be part of a race to the bottom. Therefore, I think that he needs to give the Committee at least a degree of assurance that at least this Government will seek to improve the standards of quality and safety, and will not weaken or dilute them.
Kit Malthouse
I am happy to give the hon. Lady exactly that assurance. As I said earlier, all this work is taking place against the backdrop of our overall work on building regulation and product standards, and indeed product testing, and the entire regime around these products. Our aspiration is to maintain or improve standards—hopefully, improve. Having said that, in the regulations before us we are keen to retain some flexibility, as I said in my speech, to cope with changes in technology and new developments, positive and negative. We now sadly know that, to our cost and in tragic circumstances, aluminium composite material cladding is not a product that should be allowed on the market. There are big questions to be asked about whether the building regulation regime and a product standard regime were functioning correctly.
Retaining flexibility to cope with new standards, technology and developments in the industry is important, not least because the UK is a world leader in some of these developments, and new products might emerge for which the EU, should we separate without a deal, does not have a regulatory regime that is immediately equivalent, and we might need to create one in real time. Who knows? There might be graphene-coated products that come forward for use in construction. We are certainly spending a lot of time and energy on modern methods of construction. The Government are supporting new forms of manufacturing homes, particularly offsite homes, but we need to retain a little flexibility.
Finally, the hon. Lady asked about market surveillance. As far as I can see, the current situation will not change, and our ability to take enforcement action is unchanged by the regulations.
The Government believe the regulations are needed to ensure that the construction products regulations continue to function if the UK leaves the EU without a deal or an implementation period. I hope the Committee has found the sitting informative and will join me in supporting the regulations.
Question put and agreed to.
Draft New Towns Act 1981 (Local Authority Oversight) Regulations 2018
Debate between Kit Malthouse and Roberta Blackman-Woods(6 years, 2 months ago)
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Kit Malthouse
It is a great pleasure on my first outing as Minister in a Delegated Legislation Committee to preside over a break-out of cross-party consensus. Obviously, great minds think alike on local control. I am pleased that the hon. Lady has seen the importance of having local control over some of the drivers of new towns and how that it is likely to inject an element of dynamism into the proposals. She has raised a number of questions; if I do not get to them all, I am more than happy to write to her and clarify.
On support, there is a coincidence of interest between the Government and a group of local authorities that promote the new garden town to get the thing off the ground and get it built as quickly as possible. It is certainly the case that we would expect to be part of the ongoing dialogue that will take place beyond the establishment of the development corporation. The hon. Lady has my commitment that that would be the case, and I hope that of my successors whenever they may come—hopefully not for a long time. We have made a significant financial commitment, as she knows, of £22 million, with £7 million available this year. We have other pots of money, in particular for infrastructure. She knows that there is a £5 billion pot is available in the housing infrastructure fund to enable and accelerate development where appropriate.
On appointments, it is worth bearing in mind that we are increasing local democratic oversight. Although we encourage local authorities to ensure that local representation is embedded in the governance structure, the responsibility for that governance will fall to local, democratically elected politicians. An element of improved direct local oversight and local voices in the organisation will come about because of the draft regulations.
On the public inquiry, we want to make sure that the development corporations can be established as quickly and unbureaucratically as possible. There will be an up-front assessment process. The Secretary of State will look carefully at the robustness of the plans, particularly around some of the elements that were mentioned—community involvement, plans for the legacy, ongoing stewardship of the development corporation—and at their financial viability and deliverability before he or she, whoever the Secretary of State is, tables the regulation for the establishment of the development corporation. The House will then get a chance through the affirmative procedure to make known its own views about the likely success of the corporation being established. As far as we can see, that seems a sensible, non-bureaucratic—as lightly bureaucratic as we can get it—process to get these things established.
I am sure the hon. Lady agrees with me that the housing need in this country is extremely pressing. We do not want to see undue delay where there is an accepted view among local democratically elected representatives that this is what they want to do. If a robust plan has been developed, it should proceed.
Dr Blackman-Woods
We would like reassurance from the Government that, if they are not going down the public inquiry line, there will be a real opportunity for local voices to be heard on what the new town will encompass. Local people often know best how to achieve the end product. I want to know a little more about what the Government intend to do. The Minister does not have to provide us with the information about how local voices will be included today, but can he at some point?
Kit Malthouse
We will look at things on a case-by-case basis, but the whole point of the regulations is to make local voices louder. Local authorities—people who have been elected by local people—are the progenitors of the idea. The hon. Lady raised issues about affordable housing, climate change and all that kind of stuff. We should not forget that the planners will be intrinsically involved. While the development corporation is able to master-plan and make proposals, the local planners will ultimately make decisions about those kinds of issues. The local voice will be very strong in these organisations. They will serve the areas they are designated in much better than they have done thus far. I am happy to elucidate further if the hon. Lady wishes. If she has specific questions, she can drop me a line and I will be happy to respond.
We have debated regulations that will enable local areas to use the New Towns Act 1981—previously the preserve of central Government—to create their own locally led new town development corporations. This will give local authorities a powerful and effective tool for driving forward high quality new garden communities at scale. It is a game-changing move that puts local areas in the driving seat of developing new towns. We are really very excited—certainly I am, having campaigned on these issues in the past—to see how the measure will be picked up and used to deliver exemplary new settlements. I again commend the draft regulations to the Committee.
Question put and agreed to.