Draft Police and Crime Commissioner Elections (Amendment) Order 2022 Draft Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022

Lee Rowley Excerpts

Tuesday 15th November 2022 General Committees

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

I beg to move,

That the Committee has considered the draft Police and Crime Commissioner Elections (Amendment) Order 2022.

[The Chair]

With this it will be convenient to consider the draft Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022.

[Lee Rowley]

It is a pleasure to serve under your chairmanship, Mrs Cummins.

The statutory instruments are a key part of the implementation of the Elections Act 2022, which was debated at some length earlier this year. The Assistance with Voting for Persons with Disabilities (Amendments) Regulations are made in consequence of or to make provisions similar to section 9 of the Elections Act 2022. The intent of both section 9 of the Act and these consequential regulations is to improve the support available to disabled voters at polling stations, and they do that in two ways. First, they replace the existing requirements to provide a single prescribed device to assist blind and partially-sighted voters with a broader, better requirement that returning officers provide equipment to assist a wider range of disabled voters, so that they can cast their votes independently. They also revoke the reference to that device for UK parliamentary elections where its description is already included in the secondary legislation. Secondly, they remove the unnecessarily restrictive requirement that anyone assisting a disabled voter be either a close family member of that voter or an elector themselves with a requirement that the person assisting be 18 or over. That will allow people to more easily get support to cast their vote where the person is best placed to support them, and where that person may not have met either of the two previous criteria.

[Gareth Johnson (Dartford) (Con)]

I support the two SIs, and I hope that all colleagues and hon. Members support them. It is good that we are giving greater ability to blind and other disabled people to vote in an easier manner. I do question whether the Department considered still allowing candidates and agents to take blind people into polling stations to assist them to vote. I am sure that the Minister agrees that democracy and its processes need to not only be done properly, but be seen to be done properly. Could that arrangement not give rise to the perception, at least, that unfair persuasion was being placed on an individual?

--- Later in debate ---

[Lee Rowley]

I am grateful to my hon. Friend for his question, and I understand the challenge that he makes. I will say two things. First, the part of the process that we are talking about is essentially a mechanical one; it is about ensuring that the people who are in need of support can get to the place where they can vote, and the part of the process where people are making decisions will likely be independent of that. There are a range of devices, talked about separately, which will be available so that the individual is able to vote and is supported in the way that they need. Secondly, I am happy to write to my hon. Friend with clarification on his specific point, if that would be helpful. A piece of draft guidance has already come out, which the Electoral Commission has put forward with regard to some elements of these orders, and further guidance will be coming forward. There will potentially be an opportunity, where my hon. Friend or others have concerns about the more intricate details, to clarify them through the Electoral Commission guidance in the future.

The changes are made to UK parliamentary elections by the Elections Act 2022, and the instrument makes equivalent changes across a range of other polls, including most mayoral elections, local authority governance referendums and neighbourhood planning referendums in England, along with police and crime commissioner elections in England and Wales and MP recall petitions across the UK.

[Valerie Vaz (Walsall South) (Lab)]

Can the Minister confirm it is the Government’s policy to have police and crime commissioner elections, particularly in the west midlands?

[Lee Rowley]

Police and crime commissioners have been an established part of the electoral landscape of the United Kingdom since 2012. I cannot comment on individual areas, but there is always a debate about how things are organised—Members should not read anything into that. The principle of police and crime commissioner elections is seeded. Those elections are utilised and are making differences on a daily basis across the country.

The proposed changes are being replicated at other polls, including at English local elections, Greater London Authority elections and London mayoral elections. Separate secondary legislation following a negative procedure will be laid before the House in due course to cover those. The instruments today are essential to ensure that improvements to support disabled voters in the polling stations introduced by the Elections Act are applied consistently across all polls reserved to the UK Government.

[Nick Smith (Blaenau Gwent) (Lab)]

On page 3 of the explanatory memorandum on assistance with voting, paragraph 10 refers to the consultation outcome’s 256 responses, which is fantastic. I think the most important outcome was that from local authority election teams, and we have very good election teams in Blaenau Gwent in south Wales, my home constituency. I just want to check that the proposals were consistent with the views of the local authority election teams. If they were not, what is the difference? I am interested in what their response was to the consultation.

--- Later in debate ---

[Lee Rowley]

I am happy to write to the hon. Gentleman on that specific point. As the Committee is aware, a range of views is expressed through consultations. There is an absolute desire on the part of the Government to take all of them into account. We will not be able to agree by default with everybody because of the difference of views, but on the specific points raised, I am happy to write to the hon. Gentleman on the outcome.

The draft Police and Crime Commissioner Elections (Amendment) Order 2022 has two purposes. First, it amends the spending rules for police and crime commissioner elections in England and Wales to replicate amendments already made by the Elections Act. The changes will bring clarity to candidates and their agents with regard to what they need to report in terms of benefits in kind—property, goods, and services or facilities that are provided for the use or benefit of the candidate at a discount or for free—relating to those that they have actually used or that they or their election agent have directed, authorised or encouraged someone else to use on their behalf.

In combination with expanded statutory guidance from the Electoral Commission, which is provided for by this order, the changes will support compliance with the rules and ensure that those wishing to participate in public life can feel confident in doing so and be more clear in their legal obligations.

Secondly, the order also inserts two additional welfare benefits into the list of qualifying benefits for proxy vote applications for police and crime commissioner elections. That will ensure that disabled people in receipt of new welfare benefits in Scotland, who have recently moved from Scotland, will be able to make a proxy vote application at a PCC election without the need for it to be attested while a decision is pending on an equivalent welfare benefit in the new jurisdiction where they now reside.

It is our view that it is important that the rules be updated in relation to police and crime commissioner elections to ensure consistency and fairness across the law, that candidates and agents can discharge their responsibilities with confidence, and that disabled electors get the support that they need in UK elections.

--- Later in debate ---

[Lee Rowley]

I thank the hon. Gentleman for his contribution. Turning briefly to the points that he made, I welcome his support for the two SIs that we are debating, even if we have fundamental differences about the broader position with regards to the Elections Act, which can be debated in alternative places at alternative times.

On the hon. Gentleman’s two questions about how we will ensure that the changes being introduced through the SIs work and do the things that we hope, the Department for Levelling Up, Housing and Communities is happy to commit to reviewing that in the future. We obviously need the opportunity for the legislation to work, and the focus in the coming months will be to make sure that the guidance is accurate and as helpful as possible. We will then review the output once the first elections have taken place, but I am happy to say that the Department will absolutely return to this issue in order to confirm that the SIs have worked in the way that was intended, and to look at whether any learnings can be made accordingly.

In terms of this being part of an ongoing process, we want to make sure that there is a continuous conversation about the integrity and appropriateness of our election processes, and we are happy to return to that in the months ahead and beyond. I am also very happy to do that from my perspective of having responsibility for elections in the Department. I hope that gives the hon. Gentleman some assurances that this will absolutely be a continuous conversation and that, as all good governance requires, there will be a continuous review of whether things are working appropriately, proportionately and properly.

On that basis, I hope that members of the Committee are willing to assent to both of the statutory instruments in front of them today. The first one will ensure that police and crime commissioner elections are aligned with the changes that have already been agreed for other elections in primary legislation, and the second will ensure that we offer a broader range of devices for people who have sight issues, or who are blind, when they rightly go to cast their votes at the ballot box in future elections. As a result, I hope that right hon. and hon. Members will join me in supporting the regulations.

Question put and agreed to.

DRAFT ASSISTANCE WITH VOTING FOR PERSONS WITH DISABILITIES (AMENDMENTS) REGULATIONS 2022

Resolved,

That the Committee has considered the draft Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022.—(Lee Rowley.)

Levelling Up Rural Britain

Lee Rowley Excerpts

Wednesday 9th November 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

It is a pleasure to contribute to this important debate. I congratulate my hon. Friend the Member for North Devon (Selaine Saxby), as all my colleagues have, on securing this debate, given the importance and the salience of the issues that she and all colleagues have highlighted.

We have had a good debate that shows the breadth and depth of the discussion and the importance of levelling up to so many colleagues across the country. We have had contributions from the middle of Scotland all the way down to the bottom of the south-west, which demonstrates the importance of this subject to so many people and communities across the country.

The Government agree, and in February—I was not in the Department at the time—we published the levelling-up White Paper, the common consensus on which is that it is one of the deepest and most profound analyses of the challenges of improving communities across the country. The White Paper has been welcomed by most independent commentators as a serious piece of work on which serious policy can be and is being delivered for the long-term good of all our communities.

The White Paper’s central thesis accepts that talent is distributed equally across the communities of all hon. Members who have spoken today, and beyond, but that opportunity is not necessarily equally distributed. It is the role of Government to seek to rebalance that distribution reasonably and proportionately to offer opportunity, prosperity and pride across all communities.

We have been clear that change will not come overnight. This is a long-term issue that has been at the fore for many Governments, of all rosette colours, over many decades. The point of the levelling-up White Paper, and of all the work done before, during and after it, is to show that the Government are absolutely serious about making progress. The contributions of my hon. Friends demonstrate the seriousness of the work already being done on levelling up not only in rural communities but elsewhere. We will remain committed to that work. Within that paper, for rural communities and for others, we have committed by 2030 to improve living standards, research and development in all regions, transport infrastructure, digital connectivity, education and skills, health, wellbeing, pride in place—this is about the vital importance people place on and the attachment people feel to their communities—and housing, and to reduce crime and ensure there are devolution opportunities. So many of my colleagues have referred to that and it is so important.

This debate is also important to me as a representative of a semi-rural constituency. I understand many of the issues and the points highlighted by colleagues because I have the pleasure and privilege of representing so many colleagues in rural areas. The beauty that those areas offer and the challenges they face have been articulated by colleagues from across the House in the past few hours. I represent part of a national park, 41 different towns, villages and hamlets, and dozens of parish councils, so I understand the challenges and opportunities that rural areas offer—so many colleagues have articulated those so well. Let me continue my five-and-a-half-year quest to read into the Hansard record the names of all of my towns, villages and hamlets by saying that only on Saturday I visited the hamlet of Wigley, which has one of the smallest schools in Derbyshire, if not in the whole of the UK. It has just been successful, thanks to the headteacher and all the staff, in opening some additional space that will allow it to increase the number of pupils it supports every year going forward. I congratulate it on that.

This demonstrates that we must talk about levelling up not just in the traditional areas where there has been more discussion about it—places such as North East Derbyshire or areas northward—but, as has been highlighted by colleagues, in every part of the country. We need to have this discussion in rural areas, semi-rural areas and elsewhere, because there will be pockets of deprivation in every part of our communities and it is vital that we try to resolve, improve and mitigate those.

I could not disagree more profoundly with the hon. Member for Perth and North Perthshire (Pete Wishart) when he seemed to be indicating that simply because colleagues come from an affluent geography they are unable to make any statements about this whatsoever. That could not be more wrong, and it shows a complete misinterpretation and misunderstanding of the distribution of the challenges in the UK. It also shows a lack of understanding of what the UK Government are trying to do through their levelling-up initiatives—this is something that the Scottish National party has failed to do repeatedly while it has been in government since 2007.

[Simon Hoare]

Will the Minister also confirm that nobody on our side of the House urged that we should be robbing Peter to pay Paul? It was not a question of taking money away from urban and giving it to rural areas; it was a cri de coeur for potentially more money or a more equitable and rurally sensitive funding rubric. It was not about taking money away; the hon. Member for Perth and North Perthshire has raised a most frightful slur.

[Lee Rowley]

I could not agree more with my hon. Friend. What he said demonstrates the level of nuance and depth of the debate on our side of the House and the frankly cartoonish response put forward by the hon. Member for Perth and North Perthshire.

[Sir Bernard Jenkin]

I hope the Minister will also agree that the real problem with the Scottish nationalist party is that it does not want the British Government to have any relationship with the Scottish citizen and that the ability of the British Government to assist in levelling up in Scotland is why they have such resentment on this. It is because there are many people in Scotland who voted to be British citizens in the referendum, which we won and the SNP lost.

[Lee Rowley]

My hon. Friend makes a strong point.

I have only three and a half minutes left, so I will try to address a number of the points that have been highlighted by colleagues. My hon. Friend the Member for North Devon (Selaine Saxby), along with my hon. Friends the Members for Witney (Robert Courts), for Redditch (Rachel Maclean), for Penistone and Stocksbridge (Miriam Cates), for Penrith and The Border (Dr Hudson) and for Meon Valley (Mrs Drummond), among others, raised the point about connectivity, be it of the physical kind, in terms of buses and public transport, or the virtual kind, in terms of broadband. They are absolutely right to advocate on the challenges that this brings. We all know that there have been challenges associated with buses in the past few years. When the level of decrease of passenger use is so profound as it has been with covid, of course we want to try to work through how we can support rural communities. That is no different in my constituency. We have to try to look at the innovative solutions that my hon. Friend the Member for Redditch highlighted with regards to a demand response to travel, while also ensuring that people have good quality bus services over the long term.

I had the pleasure of discussing many of these things with the hon. Member for Westmorland and Lonsdale (Tim Farron), along with the hon. Member for Nottingham North (Alex Norris)—the representative of that rural idyll—during the Committee stage of the Levelling-up and Regeneration Bill. The hon. Member for Westmorland and Lonsdale made some strong points about the importance of skills, which is the subject of one of the missions in our White Paper, demonstrating our commitment to that and highlighting the importance of trying to make progress on public transport connectivity and accessibility.

[Tim Farron]

Will the hon. Gentleman give way?

[Lee Rowley]

Sadly, I will not as I have further points to cover.

My right hon. Friend the Member for Ludlow (Philip Dunne) mentioned funding formulas. Although I am only 10 days into the job, I am very happy to talk to more colleagues about local government finance in general. I am keen to understand, to learn and to take the expertise that the all-party group and others have demonstrated over so many years to assist me in my role in the months ahead. He is absolutely right to raise the issue of park homes, as it is so important to many of us with rural and semi-rural constituencies.

My right hon. Friend the Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell) highlighted the importance of trying to get some of these points right both in terms of application processes to make applications for improvements and of making sure that central Government evaluate those in a way that works. His points on that were very strong. The triple tag team of my hon. Friends the Members for South Dorset (Richard Drax), for North Dorset (Simon Hoare) and for West Dorset (Chris Loder) made some very good points about the importance of enabling the input of the private sector, about ensuring that we have parish and town councils that work for the communities that they serve and also about negative revenue support grant. I have heard all of those points and would be happy to talk to my colleagues about them. My hon. Friend the Member for Penrith and The Border (Dr Hudson), who is an important and doughty campaigner, made a strong point about trains in his area, particularly about the Avanti Service.

My hon. Friends the Members for Hastings and Rye (Sally-Ann Hart), for Buckingham (Greg Smith), and for Devizes (Danny Kruger) demonstrated the importance of tourism and hospitality and the importance of consideration of communities when large infrastructure projects take place in local areas. My hon. Friend the Member for Devizes highlighted the immense importance from a rural perspective of remembering the long-term history and the reasons why these communities have developed in the way they have. As he said, the recollection and the acknowledgement of that history is so important in helping us to understand how we develop policy in the future.

In the moment that I have left, I thank all hon. and right hon. Members for their contributions today. It has been an incredibly interesting and important debate, which demonstrates our ability to have a nuanced, detailed and open conversation about the challenges and opportunities that face our rural communities. By doing that, we have the opportunity to make progress in the long-term to support these communities as we develop in the decades ahead.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call Selaine Saxby for her final words.

Impact of the Gas Explosion in Galpin’s Road, Pollards Hill

Lee Rowley Excerpts

Friday 21st October 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

The convention in debates such as this is to start by congratulating an hon. Member on securing the debate, but congratulations absolutely do not feel right at all. I am incredibly sorry —incredibly sorry—that the hon. Member for Mitcham and Morden (Siobhain McDonagh) has had to bring this debate to the House today and for the awful and tragic events that have happened to her and her community. I thank everybody present for their time and their willingness to come to this place today. On behalf of the Government, let me say how sorry I am for all of the challenges that the hon. Lady and the community have experienced in recent weeks. It has been extremely difficult to hear about this matter—that is just in the few minutes that the hon. Lady has been highlighting the incident, quite rightly, and standing up for her constituents.

I am grateful to everybody present today and grateful to the hon. Lady for outlining the very tragic events of just a few weeks ago. I am sure that there are people in the Public Gallery who are very personally affected by this; by what happened on the day itself and, as the hon. Lady has outlined, by what has happened subsequently. I hope those issues are resolved as quickly as possible, and I will come to some of them in a moment. The hon. Lady was absolutely right to highlight the challenges, and I will try to address some of those.

I have been a Government Minister for just over a year now, and have stood at this Dispatch Box a number of times. All debates are important, but a debate such as this, which I have the opportunity to respond to today, is one of the more important ones because of the impact, as we have heard, on individuals’ lives and on individuals’ communities. This is about the families who were affected by the really tragic events of 8 August, and I completely appreciate the challenge that the hon. Lady has outlined.

The hon. Lady has eloquently described the events of the day in question and the circumstances that led to the explosion on Galpin’s Road. I wish to put it on record that the whole House, as you have said, Madam Deputy Speaker, sends its condolences to Sana and to the family of Sahara, who tragically lost her life. I understand that it would have been Sahara’s fifth birthday just a few weeks ago and she would have been starting school. I am incredibly sorry for what has happened, and I am very grateful to the hon. Lady for passing on so directly the message from Sana. I will absolutely take that away and we will see what the Government can do to assist in the challenges that the hon. Lady has raised on behalf of her constituents and on behalf of Sana’s family, and we will come back to her as soon as we are able to do so.

Such an incident impacts not just one family but entire streets and neighbourhoods, as the hon. Lady outlined. Anyone who walked into the centre at the time would have seen the impact that the explosion had on the local community—500 people, 200 evacuated homes. The hon. Lady eloquently outlined the real-life consequences beyond the most tragic ones. Lives were impacted: wedding dresses not accessible, school uniforms not available, people not able to use their taxis to make a living. Whenever we see a tragedy like this, one of the few good things that comes out of it is the community’s ability to come together. The hon. Lady eloquently outlined how that happened. I want to put on record my thanks, and the Government’s thanks, to everyone who stepped in and helped during these difficult times.

I also thank Merton Council. As a former local councillor elsewhere in London, I know that local authorities are at the absolute forefront in times of difficulty and trouble such as this, as are Members of Parliament. The work of Merton Council should be recognised. Every council has plans to set up emergency rest centres in times of need, but not every council has to implement them. Councils do not want to do that. I pass on my personal thanks to all those who helped support people at New Horizons Centre in Pollards Hill, whether to provide food, shelter, water, medicines, wash facilities or housing advice. In many ways, that help continues. I pay tribute to the emergency services. Firefighters worked tirelessly to carry out searches, tackle the explosion and make the area safe, and the paramedics and ambulance service personnel were there when people needed them.

The community pulled together in the aftermath of the explosion, but as the hon. Member rightly pointed out, it is time for action. The community wants answers. Why did this happen? Could it have been prevented? How can we stop such a tragedy from happening again? I hope that residents here today or watching online and the hon. Lady accept that there is a limit to what I can say about some of the specifics today, as she acknowledged in her speech. However, I will do my best to try to provide some answers where I am able to in the time left.

The Minister of State at the Department for Levelling Up, Housing and Communities, my hon. Friend the Member for Sutton and Cheam (Paul Scully), met the leader of Merton Council and the council’s chief executive on 11 August. The Minister heard at first hand Councillor Garrod’s concerns about the adequacy of gas safe inspections before and after the tragedy took place, and the role of Southern Gas Networks in preventing the explosion. Discussions between the council and SGN are ongoing. Residents have, quite rightly and understandably, been anxious about the risk of future gas leaks. I am glad that SGN has arranged further safety checks with an independent gas safe registered company.

The gas companies involved in the transmission and distribution of gas must comply with the Gas Safety (Management) Regulations 1996—GSMR. The regulations are owned and enforced by the Health and Safety Executive. Under those provisions, where an escape is notified, the gas conveyor must attend the scene and prevent the gas escaping as soon as is reasonably practical, if that is judged to be the case. In the event of a fire or explosion, the gas conveyor must investigate the cause and source of the incident, notifying the Health and Safety Executive that such an investigation is underway.

The hon. Lady highlighted the gas replacement programme funding. As she indicated, that is a programme of work to replace the old and deteriorating metal mains and services with plastic pipes. The majority of that is done under the iron mains risk reduction programme, regulated by the Health and Safety Executive, to decommission those iron mains within the gas distribution network. Like all programmes and projects, it takes time, but I had heard the hon. Lady’s concerns and the questions that she rightly has about where things are. I will endeavour to speak to my hon. Friend the Minister, and either he or I will come back to her.

Under the Pipelines Safety Regulations 1996, pipeline operators have a duty to

“ensure that a pipeline is maintained…in efficient working order and in good repair.”

We need to understand what happened. I understand that the Metropolitan police continue to work closely with the Health and Safety Executive to work out why this tragedy occurred. We are keen to ensure that we understand what they find and what may or may not be needed subsequently.

In the few moments that I have left, let me turn to insurance. When the Minister of State met the leader of Merton Council, they discussed support for the families who had to leave things behind and the situation at the time. I know that the council has been supporting residents to contact insurance companies, but as the hon. Member for Mitcham and Morden rightly outlined, some of them have been presented with large fees or are worried about facing large future premiums through no fault of their own. I know that Merton has been in touch with the Association of British Insurers to pass on its concerns; the ABI recognises that this has been a traumatic period for all concerned, with insurers wanting to ensure that claims are progressed, that repairs are carried out and that residents can be supported as much as possible.

For reasons that I hope are understandable, I cannot comment on individual cases, but let me say more broadly that in such challenging times I expect every insurance company to put its customers first. It will be very clear which companies do so and which do not, and we will be watching. I am grateful that the hon. Lady has had the opportunity to put further pressure on the ones that she has discussed today. Based on this debate, we will be speaking further to insurance companies about the matter, and subsequently I will be happy to talk to the hon. Lady.

The Minister of State has discussed with Councillor Garrod whether Merton Council’s response to the incident would be eligible under the Bellwin scheme, which leads me to the hon. Lady’s challenge about Government support. The Bellwin scheme enables the Government to consider a claim to help with some of the immediate costs following emergencies. It allows local authorities to receive help with the costs in the immediate phase of an emergency. We have been following the matter up with the council, and officials in the Department recently met a delegation from Merton to discuss a possible application under the scheme. I know that the council has a number of uninsurable costs that it incurred in the immediate response to the incident. I understand that work is under way, that Merton has formally registered its interest, and that officials in the Department stand ready to assist the council with its application.

I have only about a minute left, so I would like to take one final opportunity to pass on my condolences to the family of Sahara, to send my best wishes to Sana and her family through their recovery, to highlight more broadly the challenges that others have faced, and to say thank you again to all the residents today for coming at such a difficult time and after such an unexpected occurrence that will have changed so many people’s lives. I hope that the Metropolitan police and the Health and Safety Executive complete their investigation quickly, with clear conclusions that ensure that a tragedy like this can be avoided in the future and that, for those who have been affected, we can resolve the impact as quickly as we can.

Finally, I give my personal thanks and my thanks on behalf of the Government to the hon. Lady for raising the matter today. I am grateful to her for doing so. The Government will try to assist where we can. We hope that we can bring this matter to a conclusion after such tragic events, as soon as we are able to do so.

Question put and agreed to.

Levelling-up and Regeneration Bill (Twenty Seventh sitting)

Lee Rowley Excerpts

Committee stage
Thursday 20th October 2022 Public Bill Committees

[Alex Norris (Nottingham North) (Lab/Co-op)]

I beg to move, That the clause be read a Second time.

It is a pleasure to resume proceedings with you in the Chair, Mrs Murray. I feel strongly about the new clause. It relates to the community power that we feel is missing in the legislation. I will make a big case for it, and am interested to hear the Minister’s views. It is an important new clause, which would strengthen the Bill and make a strong contribution to achieving the levelling-up mission, in particular to increase pride of place in every part of the UK by 2030.

A community right to buy, as set out in the new clause, would build on the existing community right to bid legislated for in the Localism Act 2011 and its statutory instruments, which gives communities the right of first refusal once buildings and spaces with significant community value come up for sale. The Department for Levelling Up, Housing and Communities’ own research shows, however, that the existing legislation is not quite doing the job: only 15 assets make it into community ownership for every 1,000 listed as an asset of community value.

Under a much stronger community right to buy, a community organisation or group that is able to raise the required funds when an asset of community value comes up for sale would be able to purchase it without competition. The new clause would extend the existing moratorium from six months to 12 months, because the process of not only raising capital but preparing and building a business plan takes time. Six months has clearly not been enough. This could be a transformative change for many community organisations and the places where we live, and the new clause is very compatible with high street rental auctions, which we discussed in part 8.

In too many places, we see shuttered-up shops and empty buildings blighting high streets and town centres. They are often left vacant by distant private landlords with little stake in places. Members will have stories about that from their constituencies, I have no doubt. Introducing a community right to buy would be a recognition that it is time for that to change. It would give communities new powers to take control of assets in their area and, where assets are in community ownership, we know that vacancy rates are lower, footfall is driven to other businesses, more money stays in the local economy and hiring is more diverse—certainly more than if they are unoccupied.

As I said, the rental auctions are a welcome provision, but the new clause goes further. There is an important point of distinction between the Government and the Opposition on this legislation. Whatever the politics of levelling up, the Bill is born out of a consistent message that we have heard from our communities for a number of years: they want a greater say in what happens in their communities. Having been promised devolution, however, what they will get from the Bill is a transfer of power from Whitehall to, generally, regional or sub-regional bodies. That is a good thing, and we support those provisions in the Bill, but it is an incomplete process; it needs to be accompanied by a transfer of power from town halls and sub-regional bodies to local communities to shape place. People expect that, but as yet do not have it in the Bill. The new clause is a good step to rectifying that. I hope to hear that the Minister is keen.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

I thank the hon. Gentleman for the new clause and for talking us through it. We absolutely agree that the issue is significant and one that we need to get right. Buildings such as community centres and pubs are a hugely important part of our social fabric. I understand the intent behind his community right to buy proposal. We share the same sentiments about getting the process right and giving communities an appropriate and reasonable opportunity to see whether they can take action, while ensuring that the process is not too long or difficult to be feasible.

I absolutely accept the need to review the existing legal and policy frameworks underpinning community ownership. We have said already in the levelling-up White Paper that we will consider how the existing assets of community value framework could be enhanced, but we probably need more time to consider that and whether changes to the framework are workable in practice. It needs consultation and discussion with stakeholders, and we need to work through the implications in significant detail. Although I accept and understand the point that the hon. Gentleman is making, I would prefer not to accept these proposals at this time. I will review them in more detail separately.

I hope that the hon. Gentleman feels that the commitments in the levelling-up White Paper and those I have given just now are sufficient, notwithstanding other activities that may be happening elsewhere on this estate and beyond, and that he will withdraw the new clause.

[Alex Norris]

I am pleased to hear that, in concept, the Government agree with this proposal. That is good news, and those who are campaigning and active in this space will be very glad to hear that.

There is obviously a commitment to this in the White Paper, and the Minister has accepted that the Localism Act provisions will not do. There needs to be a change, so it needs to be looked at and amended, but the Minister said that the vehicle for that is not the Bill. That seems really strange to me; it seems exactly the moment to do it. I take the Minister at his word, as I always do, and we will continue to advocate very loudly for this change. The hon. Member for Wigan (Lisa Nandy) and I are particularly keen on it. I hope there will be an opportunity in this Session to do that.

I do not intend to divide the Committee on the new clause. If I am entirely honest, I think the vote that will change the future of community power will be a general election, rather than a Division in this Committee, so I am happy to withdraw the new clause on that basis, but it will not go away. The public demand for it will only grow, and we as politicians have to demonstrate that we understand that people want this. We must deliver on it, even if it is not today. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 75

Homes England Statutory Objects

“(1) Section 2 of the Housing and Regeneration Act 2008 is amended as follows.

(2) After subsection (1)(d), insert—

“(e) to ensure that spending decisions by Homes England are designed to deliver Levelling-up,

(f) to reduce regional inequality by delivering homes and stimulate related economic activity,

(g) to report to Parliament annually assessing the progress that has been made in reducing regional inequalities.”—(Alex Norris.)

Brought up, and read the First time.

--- Later in debate ---

[Alex Norris]

That is precisely why I tabled the new clause. Writing that into the fibre of the being of Homes England would make a real difference in those areas, as my hon. Friend says. The Minister may be able to give us some clarity, but I understand that a revised strategic plan for the Department has been drafted. I will be keen to know from the Minister, if he is unable to tell us quite what is in that, when we might get to see it, and whether it is his view, as it was that of the then Under-Secretary of State for Levelling Up, Housing and Communities, the hon. Member for Harborough that levelling up will be reflected as a priority for the agency in the coming years.

[Lee Rowley]

The new clause seeks to introduce, as the hon. Gentleman outlined, a series of further statutory obligations on Homes England. Although I understand the sentiments behind those additional statutory obligations and we all, on both sides of the Committee, accept and wish to promote the underlying objectives of levelling up—even if we may disagree about how to describe it—I am not personally convinced that we require additional statutory objectives here.

Homes England is a delivery body. It is a body charged with undertaking the work that is effectively set by the Department. It is a very big delivery body and goes over numerous different areas. I am already working closely with it and look forward to doing so further. However, it is charged with delivery, and the delivery of something requires the Department to set what that is, so my preference remains that we do not legislate on something like this, but that the conversation and discussion continues between the Opposition and the Department and between the hon. Member for Nottingham North and me in order to confirm what the Opposition wish to see in this area and then what the Government wish to see. I think that that is an area, a discussion and a responsibility that should remain with the Department, and then the Department can inform the delivery body of what to do, rather than us mandating in legislation what the delivery body should do. For those reasons, I ask the hon. Gentleman to consider withdrawing the new clause.

[Alex Norris]

I am grateful for that answer. I am not particularly excited by how this happens; my wish is just that it does happen. But I am grateful for the Minister’s answer and his explanation of how he feels. I have absolutely no issue with it sitting as a departmental prerogative. I do not think the two things need to be in tension. The thing for me is that we will keep pushing on this point. I was not as clear, I have to say, from the hon. Gentleman’s answer as I have been from previous answers from previous Ministers that it remains the position of the Government. Perhaps that is something that will be followed up on in due course, because this is really important. The one thing we know about levelling up is that it takes active interventions and that if we leave things to the market or to how things currently are, that will not deliver, so there has to be something different in this regard. I think that this measure was something different, and improving. It has not been successful today and I will not push it to a Division, but we will, again, stay on this point. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 76

Standards Board for England

“(1) There is to be a body corporate known as the Standards Board for England (‘the Standards Board’).

(2) The Standards Board is to consist of not less than three members appointed by the Secretary of State.

(3) In exercising its functions the Standards Board must have regard to the need to promote and maintain high standards of conduct by members and co-opted members of local authorities in England.

(4) The Secretary of State must by regulations make further provision about the Standards Board.

(5) Regulations under this section must provide for—

(a) a code of conduct of behaviour for members and co-opted members of local authorities in England,

(b) the making of complaints to the Standards Board a member or co-opted member has failed to comply with that code of conduct,

(c) the independent handling of such complaints in the first instance by the Standards Board,

(d) the functions of ethical standards officers,

(e) investigations and reports by such officers,

(f) the role of monitoring officers of local authorities in such complaints,

(g) the referral of cases to the adjudication panel for England for determination,

(h) about independent determination by the adjudication panel its issuing of sanctions,

(i) appeal by the complainant to the Local Government and Social Care Ombudsman,

(j) appeal by the member or co-opted member subject to the complaint to the Local Government and Social Care Ombudsman, and

(k) the governance of the Standards Board.

(6) In making regulations under this section the Secretary of State must have regard to the content of Chapter II (investigations etc: England) of Part III (conduct of local government members and employees) of the Local Government Act 2000, prior to the repeal of that Chapter.

(7) The Standards Board–

(a) must appoint employees known as ethical standards officers,

(b) may issue guidance to local authorities in England on matters relating to the conduct of members and co-opted members of such authorities,

(c) may issue guidance to local authorities in England in relation to the qualifications or experience which monitoring officers should possess, and

(d) may arrange for any such guidance to be made public.”—(Mrs Lewell-Buck.)

This new clause seeks to reinstate the Standards Board for England, which was abolished by the Localism Act 2011, but with the removal of referral to standards committees and the addition of appeal to the Local Government Ombudsman.

Brought up, and read the First time.

--- Later in debate ---

[Rachael Maskell]

I beg to move, That the clause be read a Second time.

I will be brief in speaking to new clause 81. Cycling and walking are the future. Ensuring that walking and cycling infrastructure plans are hardwired into the planning system is not before its time. That infrastructure may vary from charging points for electric bikes and parking spaces for bikes to wider transport planning and planning for cycling, walking and wheeling routes. We must also think about wheelchair users and people who use other accessible forms of transport, who also need safe, accessible routes. That is essential in any new build area of housing across the country. Rights of way have to be determined and we have to ensure that all routes facilitate greater take-up of active travel. We need to see a real transition from the dependency on cars, which so many communities have, into a new era.

They were talking on the news today about the shortfall in available raw materials, which is preventing the escalation of electric vehicle production. A good public transport system sitting alongside active travel will help to facilitate that. Infrastructure can often deter people from participating in cycling and walking, yet in places such as Holland, where there has been significant investment, that is the main mode of transport for short distances. With the advent of electric scooters and electric bikes, people can make journeys over longer distances. Good, safe infrastructure makes a real difference. Holland has had a 40-year campaign to reach its current standard, and we know that other communities across the world are raising their standards. I draw the Minister’s attention to Ghent, which has made a real pivot in its active travel offer. It is time that we really look at ensuring cycling, walking and wheeling rights of way plans are hardwired into development plans.

[Lee Rowley]

I thank the hon. Member for her amendment on this important matter, and for recognising the importance of walking and cycling and the important role that the planning system plays. I understand the sentiment behind the new clause, and I accept the challenge that she gives, rightly, to the system and the Government as a whole, but I am not convinced that it is necessarily proportionate to hardwire, as she says, this level of detail in legislation.

My preference is for these matters to continue to be dealt with at national planning policy level. There is already a requirement for local authorities to consider such issues when preparing a development plan; they are also material considerations in planning decisions. Local authorities have tools already. I do not think the Bill changes that in any way, and it will perhaps even strengthen the importance of national policies when they relate to such decision making.

My preference is to remain with the existing NPPF on transport issues, particularly around the promotion of walking and cycling, with the recognition that these can be material considerations in dealing with planning applications already. Given that the decision maker must take into account all material considerations, I am not convinced that this additional provision is necessary in law at this stage, although I understand the underlying point. I therefore ask the hon. Lady to consider withdrawing the new clause.

[Rachael Maskell]

We as a nation creep forward. This afternoon, we have seen why it is a creep, rather than the change we see in other jurisdictions. We need to do far more on enabling and facilitating active travel. I will not press the new clause this afternoon, but I hope that the Minister takes the proposal back and looks again at how we can escalate, within the national planning framework, getting good-quality infrastructure built for cycling, walking and wheeling. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 83

Review of public health and poverty effects of Act

“(1) The Secretary of State must review the public health and poverty effects of the provisions of this Act and lay a report of that review before the House of Commons within six months of the passing of this Act.

(2) The review must consider—

(a) the effects of the provisions of this Act on the levels of relative and absolute poverty across the UK including devolved nations and regions,

(b) the effects of the provisions of this Act on socioeconomic inequalities and on population groups with protected characteristics as defined by the 2010 Equality Act across the UK, including by devolved nations and regions,

(c) the effects of the provisions of this Act on life expectancy and healthy life expectancy across the UK, including by devolved nations and regions, and

(d) the implications for the public finances of the public health effects of the provisions of this Act.”—(Rachel Maskell.)

This new clause would require the Government to report on the public health and poverty effects of the provisions of the Act.

Brought up, and read the First time.

Levelling-up and Regeneration Bill (Twenty Sixth sitting)

Lee Rowley Excerpts

Committee stage
Thursday 20th October 2022 Public Bill Committees

[Rachael Maskell]

I am incredibly grateful to the hon. Member for Buckingham for raising that issue. He is absolutely right; we need to look at the broadest possible scope. This particular issue has been raised within the Church of England, but he is right—there are many places of worship that should be marked as community assets.

When those assets are disposed of, communities should have a right to access them and bid for them, as we have discussed during previous stages of the Bill, rather than them going straight to market sale. That leaves communities devoid of any assets whatsoever. It is so important for communities to have the option to maintain an asset and use it for multiple purposes, including as a place of worship or as a place to serve the community.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

I thank the hon. Member for York Central for putting forward the new clause. She powerfully made her point about the importance of church properties and church land at the centre of our communities. We have all recently seen buildings that have brought communities together for decades and centuries, very sadly, no longer able to continue in the way that they have previously, and they may be released for other purposes. I accept that; we all regret it and many people in the communities regret it. I have an example in my constituency: there was a long-standing campaign for St Andrew’s Parish Church in Barrow Hill, which concluded only a few months ago. It was an early version of a church built along the lines of the arts and crafts movement. It has significance, and yet it looks as though it will leave ecclesiastical aegis.

I completely understand the hon. Member’s sentiment and she has made a cogent case for the new clause, but the challenge—and why I will ask her to withdraw it—is that the assets of community value scheme allows local communities to make applications to retain community assets where they think it is reasonable and proportionate. On balance, while I accept her point, it would be better to allow local communities to continue to make those decisions. When the challenges that she highlighted arise, I hope that communities try to ensure that churches are protected as much as possible.

[James Cartlidge (South Suffolk) (Con)]

This is an issue dear to my heart.

It is a very good new clause. I cycle every year in Suffolk churches’ “Ride and Stride” to raise money to protect their incredibly expensive infrastructure. We have wool churches in South Suffolk, which are very beautiful, but whether beautiful or not, they are very important to their communities.

In 2015—I think—we had the church roof fund, which was used where there was very serious degradation. We then had a spate of lead theft, which further undermined churches. We may be rejecting new clause 47, but are the Government considering specific measures, and perhaps working with the Church of England, to see what more we can do?

[Lee Rowley]

I am grateful to my hon. Friend for his intervention. He is absolutely right that, historically, we have attempted to address such issues, both through the continuation of the asset of community value process, which allows local communities to try to intervene should they feel that appropriate, and the community ownership fund, which is £150 million of taxpayer subsidy that supports communities to save at-risk assets.

Although I accept the point made by the hon. Member for York Central, my personal preference, and that of the Government, is that local communities reserve the right to request assets of community value and to go through that process. Automatically designating churches as assets of community value may not be appropriate in all circumstances. I ask that the hon. Lady kindly withdraw the motion.

[Rachael Maskell]

I want to pick up on a couple of points. I thank the hon. Member for South Suffolk for raising his concerns. Considerable public money is invested in many such historic buildings before they end up at market, so we need to consider that opportunity. However, churches are not just ordinary buildings; they are very special buildings in our communities. We must consider the broader value that such places bring to our communities. Although I will not press the motion to a Division, I hope that the Minister will regard this as a new issue on his desk and that, when we have debates on later stages of the Bill, he will look further at how we can protect these vital community assets. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 48

Requirement to hold a referendum for large and strategic sites

“(1) A planning application which a local planning authority has received is subject to approval by residents in a referendum in either of the following cases—

(a) the planning application is for a site of two hectares or over, or

(b) the planning application is for a site of one hundred housing units or over.

(2) The local planning authority may not approve an application under section (1) unless the result of the referendum is to approve the application.

(3) Where the result of the referendum is not to secure an application the applicant may resubmit an application to the local planning authority if the following conditions are met—

(a) they have carried out further public consultation on the plan, and

(b) the plan has been substantively revised as a result of this consultation.”—(Rachael Maskell.)

This new clause would require planning applications for large and strategic sites to be subject to approval by residents in a referendum.

Brought up, and read the First time.

--- Later in debate ---

[Lee Rowley]

This is an interesting set of new clauses, on which I could detain the Committee for many hours, although I wonder whether it would be keen on that. In the interest of brevity, I will limit my comments, because the clauses go to a philosophical question about where and how decisions should be made, and about the rights of individuals to at least propose activities on their own property with their own capital.

A single principle that has been part of the planning system for many decades is that people have the right to make applications within an existing and approved framework or, if that existing and approved framework is not in place, within the broader national planning policy framework, and for them to be heard. Although I understand the point made by the hon. Member for York Central, that important principle should be upheld.

There is a broader question about whether we should seek to disintermediate the planning system more generally in terms of public involvement, but that is probably one for another forum. I would be happy to debate that question with the hon. Lady, as it raises a number of broader and more interesting issues. As an expert in this area, she will know that it is important to note that the significant number of interventions currently in the planning system allow people to have their say.

I do not necessarily think that the system is broken, but a lot of people feel that their voices are not heard at the right time or in a substantive way, and I completely appreciate their frustration, even if I am not sure about the kind of structural reforms that the hon. Lady proposes. Fundamentally, if local councillors do not consistently do the right thing on planning—if they fail to bring forward local plans, fail to be clear about what should or should not go into plans and where things should or should not go, and fail to create a framework because there has been no local planning, or the framework is wrong—residents should vote them out and replace them with councillors who will. That is what happened in North East Derbyshire in 2019, and I encourage all local residents who feel that their councillors are not consistently doing the right thing on planning over many years to look at whether they have the right leadership in place.

Although the hon. Lady made a strong point—with which I agree—about the importance of democracy in the planning system, I hope that she will not press the new clauses, as I do not think they are necessarily the way to go at this time.

[Rachael Maskell]

I am sure the residents of York will heed the Minister’s advice in May and ensure that they have a council that engages with them and listens to their needs. While we wait for that event, I think it is clear that, across the planning system, communities may have a voice but they do not have the power to influence decisions. We need to ensure greater democratisation of our planning system, which should be about people and communities, and their homes, futures and jobs. At the moment, the planning system is insufficient in helping people to level up, which is what the Bill is all about.

The Minister has heard my arguments, and I am sure that we will debate this further, but I trust that, in the interim between this stage and Report, he will give further consideration to how that balance can be tipped more towards communities, ensuring that they have a proper say, so that that the Bill does not become another developers’ charter under which developers hold all the cards and all the power. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 51

Disposal of land held by public bodies

“(1) The Local Government Act 1972 is amended in accordance with subsections (2) and (3).

(2) In section 123 (disposal of land by principal councils), after subsection (2) insert—

‘(2ZA) But the Secretary of State must give consent if the disposal is in accordance with section [Disposal of land held by public bodies] of the Levelling-up and Regeneration Act 2022.’

(3) In section 127(3) (disposal of land held by parishes and communities), after ‘(2A)’ insert ‘, (2ZA)’.

(4) The National Health Service Act 2006 is amended in accordance with subsection (5).

(5) After section 211 (acquisition, use and maintenance of property) insert—

‘211A Disposal of land held by NHS bodies

Any power granted by this Act to an NHS body to dispose of land is exercisable in accordance with section [Disposal of land held by public bodies] of the Levelling-up and Regeneration Act 2022 as if the NHS body were a local authority.’

(6) Subject to subsection (8), a disposal of land is in accordance with this section if it is in accordance with the Local Government Act 1972 General Disposal Consent (England) 2003 published in Department for Communities and Local Government Circular 06/03, as amended by subsection (7).

(7) Those amendments to the Local Government Act 1972 General Disposal Consent (England) 2003 are—

(a) after paragraph 1 insert—

‘(1A) This consent also applies to any NHS body in England as if it were a local authority in accordance with section 211A of the National Health Service Act 2006;’;

(b) in paragraph 2(b), for ‘£2,000,000 (two million pounds)’ substitute ‘£3,000,000 (three million pounds) or 40% of the unrestricted market value, whichever is greater’;

(c) for paragraph 3(1)(vii) substitute—

‘(viii) a Police and Crime Commissioner established under the Police Reform and Social Responsibility Act 2011;’;

(d) for paragraph 3(1)(ix) substitute—

‘(ix) the Mayor’s Office for Policing and Crime;’;

(e) for paragraph 3(1)(x) substitute—

‘(x) the London Fire Commissioner;’;

(f) after paragraph 3(1)(xii) insert—

‘(xiii) a combined authority;

(xiv) a mayoral combined authority;

(xv) the Greater London Authority;

(xvi) any successor body established by or under an Act of Parliament to any body listed in this sub-paragraph.’.”

(8) The Secretary of State may, to reflect inflation, further amend the cash value that the difference between the unrestricted value of the land to be disposed of and the consideration for the disposal must not exceed.—(Tim Farron.)

This new clause would bring an amended and updated version of the Local Government Act 1972 General Disposal Consent (England) 2003 into primary legislation, extends its application to NHS bodies and clarifies that the Consent applies to Police and Crime Commissioners, MOPAC and the London Fire Commissioner.

Brought up, and read the First time.

[Rachael Maskell]

I, too, want to support the new clause and briefly draw attention to the way that we need to ensure that public land is used for public good. Whether it has been NHS Property Services, which has been selling off land to private developers, or Network Rail, which has been using its land to maximise capital receipts, or the Ministry of Defence selling off much of its estate, which we know has not gone well for the Government, we need to ensure that this type of land is used to build the homes that people need now and in the future. I can cite many examples of places in York where it feels that the city is, bit by bit, being sold off—not for the public benefit, but for the benefit of developers. That is why I will support this new clause today.

[Lee Rowley]

I thank the hon. Members for Westmorland and Lonsdale and for York Central for expressing their views on this new clause.

The legislative framework governing the disposal of surplus land is, as the hon. Gentleman outlined, a long-standing one and it is designed to protect taxpayers’ money. The starting point is that land should generally be disposed of at the best price that is reasonably obtainable. However, as he also indicated, there are on occasions the opportunity to dispose of land for less than its maximum value where that creates wider public benefits, such as facilitating community projects. Therefore, it is possible, with the Secretary of State’s consent, for local authorities to dispose of land at less than best consideration in some circumstances.

As the hon. Gentleman also indicated, a general consent is in place for disposals where there would be a loss of value of up to £2 million, and in those cases it is at the discretion of local authorities, and above this threshold—as he also indicated, because he is seeking to change it—disposals require a specific application to the Secretary of State for consent. The legislative framework is designed for local authorities and other locally accountable bodies. It already includes the fire commissioner, and other bodies are accountable in different ways to different regimes.

So, while I completely appreciate the sentiment that the hon. Gentleman expressed, and I have read the correspondence from the hon. Member for Twickenham—although I cannot comment on individual cases, I know that she is making a very clear case regarding a particular instance within her Twickenham constituency—I ask him whether he would be prepared to withdraw the new clause. I know that it seeks to offer solutions.

As a new Minister, I would be interested to understand in more detail from the hon. Member for Twickenham the specific problems that she sees, and while I cannot give her any guarantees, if she wants to write to me with that detail I will happily read it and go through it in more detail. However, at this time I ask him whether he would consider withdrawing the new clause.

[Tim Farron]

I appreciate the Minister’s response. I am also grateful for the remarks from the hon. Member for York Central. This is a huge issue for all of us and there is much public land, particularly in a community such as mine, with multiple local authorities and, indeed, predecessor local authorities, national parks and all the other parts of the public sector that are present. Sometimes, that land becomes available and there are opportunities for us to make good public use of those other properties in ways that get far more lasting value to the community than a slightly inflated cash value upfront that could then be spent filling a black hole, no doubt, for next year’s budget.

I will not press this to a vote, as the Minister asks, but I encourage him to engage with my hon. Friend. If I could push him, I am sure she would be very grateful to have a sit down with him to talk through the issue to see whether he could provide additional guidance. All we are really asking for here is that the Government update the list of what counts as a public body and accept that there has been some inflation since 2003. They are not big asks, and I ask that the Government take those things into account. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 56

Annual pubs reports

“(1) Each tier 2 local authority in England must produce an Annual Pubs Report.

(2) A report under this section must consider the latest trends in pubs and on-licensed establishments across the authority.

(3) The Secretary of State may by guidance suggest the contents of such reports.

(4) Central government must provide funding to local authorities to cover the costs of this new responsibility.”—(Alex Norris.)

Brought up, and read the First time.

--- Later in debate ---

[Tim Farron]

I beg to move, That the clause be read a Second time.

The crises we are going through at the moment—the political one in this place, the cost of living crisis, and even the appalling Russian-inspired war in Ukraine—are secondary compared to the threat of climate change to our species and way of life. The buildings we live, study and work in are the single biggest contributors to greenhouse gases in this country and in others. The role of central and local government in ensuring we minimise and reduce to zero carbon emissions from our buildings and in particular from our homes, existing and new, has to be an absolute imperative.

The Government’s failure to tackle this in any meaningful way over the last few years does not only have lasting and terrifying climate consequences; it also has consequences today, as people are feeling in their pockets the cost of paying for energy bills. The Government through programmes have sought to champion our existing building stock. The green homes grant, for instance, was meant to help 600,000 homes and would on today’s prices have saved £1,800 a year, but 600,000 homes were not helped—only 43,000 were. That lack of ambition in central Government’s plans to insulate the stock that already exists is matched by a lack of ambition out there in the country when it comes to new builds.

Most local authorities, certainly ours in Cumbria, are determined to ensure that new builds are built with zero-carbon specification, yet they are not allowed to. If they seek to enforce zero-carbon homes when it comes to insultation, heat pumps, solar panels or a variety of other mechanisms that will ensure there is literally a zero carbon footprint from that property, the developers can object if they think they will incur an unreasonable expense, and the council or planning authority are powerless to do anything about it. It is incredibly frustrating.

This new clause is significant, as it will genuinely empower local authorities to do the right things, which they desperately want to. It breaks the heart of councils of all political parties when they see what they need to do and are not allowed to enforce it. The clause will allow them to do the right things, and more importantly even, it will do something to reduce energy costs and make a meaningful contribution to the battle against climate change. This is a really important clause, so I will seek to push it to a vote, because I think the Government have had plenty of time to take action of their own initiative over the last few years. I commend the new clause to the Committee.

[Lee Rowley]

I am grateful to the hon. Gentleman for outlining the new clause. I am afraid the Government will not be able to accept it, so we will no doubt have a Division in a moment, although I ask him to consider not pushing it to a vote. If he wishes to do so, that is of course his right.

--- Later in debate ---

[Tim Farron]

I beg to move, That the clause be read a Second time.

This is the last provision of a suite from me, and it is really important to me as a person with members of their family who have disabilities and as someone who many years ago worked for Lancaster University in a role supporting students with a range of disabilities.

At the time that the Disability Discrimination Act 1995 came into force, one of the glaring errors was that many older buildings were allowed to continue to be thoroughly inaccessible. I am particularly concerned about railway stations, of which there are many in my community. We are blessed with the Settle to Carlisle line; the Lakes line; the Furness line; and, of course, the main line through Oxenholme to Penrith and beyond. I am deeply concerned that there are stations throughout our country, but particularly in my community, that are not just slightly inaccessible but totally inaccessible.

In particular, I am concerned about Staveley station, which is on the Lakes line from Oxenholme to Windermere. Staveley is the first village in the Lake district. It is a beautiful and vibrant place, with a young community. It is a community that, often, lives there but works elsewhere. There are 41 steps up to Staveley station. There is zero accessibility, not just for people with a disability but for people with pushchairs or anybody who has any baggage with them. That is outrageous.

Because Staveley is a relatively small station, the Government’s schemes and funds such as Access for All, as well as those of previous Governments, were never in a million years going to give it any money. In the end, it is outrageous that one of our railway stations—I could also mention Arnside in my constituency and Ulverston in the constituency of my neighbour, the hon. Member for Barrow and Furness (Simon Fell)—has serious accessibility problems. It is outrageous that just because these are not huge main line stations they are inaccessible for many people in our community.

New clause 66 seeks to prevent the kind of bidding game that we will always lose because the station is too small. It makes it compulsory for there to be direct decent access to railway stations for people with disabilities and other mobility issues.

[Lee Rowley]

I thank the hon. Member for tabling the new clause. I completely accept that access to railway stations—and his particular point about smaller railway stations—is hugely important, and over a long period of time we absolutely must seek to improve accessibility where we are able to do so.

--- Later in debate ---

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

I beg to move, That the clause be read a Second time.

As we are approaching the end of this Committee’s life, I will take the opportunity to thank the Clerks, Doorkeepers, Hansard reporters and House staff for facilitating our work over what I must say has felt—I do not disparage the Committee in saying this—like a lot longer than four months. We are, thankfully, near the end. This is a simple, straightforward and, I hope, unproblematic new clause for the Government, so I do not need to detain the Committee long in speaking to it.

Despite the strong arguments made by the Opposition at the time—I recall them personally because I served on the Bill Committee—the Government were determined to include within the Housing and Planning Act 2016 provisions requiring local authorities to sell higher-value council homes as they fell vacant, and to remit the income generated from such sales to the Treasury to fund the extension of the right to buy to housing association tenants. The sections of that Act that required local authorities to make a payment in respect of their vacant higher-value council homes came into force on 12 May 2016, but the consequential determinations were never made.

Having, one assumes, finally appreciated the severe impracticalities of the measure, as well as, one hopes, the social consequences of further reducing England’s already depleted social housing stock, the Government announced in their 2018 social housing Green Paper that they would no longer require local authorities to make higher-value-asset payments. In the words of that Green Paper, the sale of high-value homes

“should be a decision to be made locally, not mandated through legislation”

as they had previously felt was necessary.

However, in addition to making it clear that the Government would not bring those provisions of the 2016 Act into effect, the 2018 Green Paper said that the Government would look to repeal the relevant legislation, “when parliamentary time allows”. Yet, with four years having passed, and all manner of legislation having been taken through the House during that time, the Government have still not repealed those provisions.

New clause 67 simply seeks to have the Government finally implement the decision that they made and outlined in the 2018 Green Paper, and thereby undo the mistake that they made six years ago.

Mr Hollobone, we both know that Ministers have been clearly told to resist all amendments to this Bill, however sensible they might be, but I hope that the Under-Secretary of State for Levelling Up, Housing and Communities, the hon. Member for North East Derbyshire, might see, on this occasion, the soundness of the new clause. I do not think that there is any credible or justifiable reason why this Bill cannot be the legislative vehicle to undo the provision, which the Government have decided should not have been in the 2016 Act. However, if he will not do that, will he please tell us when and how the Government intend to do what they committed, in 2018, to do?

[Lee Rowley]

As the hon. Gentleman anticipates, I will not be encouraging the Committee to accept this amendment, although I understand the points behind it, which the hon. Gentleman has already articulated. In the spirit of his brevity, I will seek to be so, too.

The Government have made a number of commitments previously and stand by those commitments. As the hon. Gentleman has indicated, the provisions laid out in chapter 2 of part 4 of the Housing and Planning Act 2016 have not been brought into effect, and there is no intention of doing so. The provisions lack a regulatory framework to underpin the policy, so there is no risk of local authorities being subject to them before we are able to legislate in the future.

The Government remain of the view that legislation will be brought forward, but do not believe that the Levelling-up and Regeneration Bill is the best vehicle for that, as it does not largely address social housing. We therefore wish to focus on the measures within this Bill, while recognising that there will be no change to the status quo—the reality for local authorities around the country—on this matter. We will bring forward further consideration of this point in due course.

--- Later in debate ---

[Lee Rowley]

I am grateful to the hon. Gentleman for this new clause, yet unsurprisingly we will be asking him to withdraw it, too. I understand the sentiments behind it. I think we would all agree that we want a planning system that works and is effective, efficient and expedited where possible, and that appropriate consideration should be given at local level to ensure that placemaking is at the heart of what it does, but this particular new clause is, in my view, too prescriptive. This almost takes me back to my pre-parliamentary days when we were doing organisational design within individual companies. The one thing that we had as a principle was that organisational design needed to be flexible between different organisations, depending on their needs and requirements at the time and the areas that they needed to focus on.

Of course planning should always be a focus, but it is another question whether we need to put formal lines between particular officers and the chief executive, if there even are chief executives in certain local authorities—there are not all the time—so there is a secondary level of conversation about whether it would be section 151 officers or would be dealt with elsewhere. But I do not want to get too lost in the weeds. Although I accept the sentiment of the hon. Gentleman, I do not think it is proportionate to mandate these kinds of elements. I absolutely agree with him that local councils should discharge their responsibilities adequately, carefully and expeditiously. I hope that they will do that. We will continue to consider, in the Department, what we can do to ensure that that happens. But on this occasion, I hope that the hon. Gentleman will consider withdrawing the new clause, given that I do not think it is necessary.

[Matthew Pennycook]

I thank the Minister for that response. I take on board and appreciate the point that he makes about proportionality and whether this new clause is too prescriptive in that regard. I hope that he at least sees the concern that we have tried to highlight with the new clause, which is not only, as I said, the general issue with skills capacity but the status of planning officers within local authorities as a whole and whether that has an impact on planning outcomes. I hope that, given what I have said, the Minister will go away and give the issue some further consideration, not least in terms of what we will come to shortly, which is the skills strategy that the Government are outlining, but I do not intend to press the new clause to a Division. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 71

Comprehensive resources and skills strategy for the planning sector

“(1) The Secretary of State must, within 12 months of this Bill securing Royal Assent, publish a comprehensive resources and skills strategy for the planning sector.

(2) The strategy published under subsection (1) must—

(a) include an assessment of the effectiveness of local planning authorities and statutory consultees in delivering upon their existing duties and functions,

(b) include an assessment of the additional resource required for local planning authorities and statutory consultees to carry out new responsibilities and duties established by this Act,

(c) set out a funding strategy for a minimum five-year period that meets the assessed resource need under paragraph (2)(b),

(d) include an assessment of the skills and capability of the planning sector and statutory consultees to carry out new responsibilities and duties established by the Act, and

(e) explain how the Secretary of State intends to address the skills and capability needs of the planning sector as set out under paragraph (2)(d).”—(Matthew Pennycook.)

This new clause would commit the Secretary of State to publishing a comprehensive resources and skills strategy for the planning sector within 12 months of the Bill securing Royal Assent and would specify what such a strategy should include.

Brought up, and read the First time.

[Matthew Pennycook]

I beg to move, That the clause be read a Second time.

Me again, Mr Hollobone. New clause 71 is in my name and those of my hon. Friends the Members for Nottingham North and for Coventry North East. As I made clear just now, the Government have promised to bring forward a planning skills strategy for local planning authorities, and the commitment to do so is set out in the policy paper that accompanies the Bill. We believe that a strategy to address the skills gap is essential to improving the planning system and we support the Government’s efforts in this area. Not only is there an existing problem—as we have just discussed—when it comes to skills shortages within local authority planning departments, but, as we have discussed in many previous sittings, the Bill will require the implementation of entirely new processes; an increase in planning staff with specific specialist skills such as design; and improved capabilities, not least in terms of a mastery of digital and geospatial data and technologies. Therefore, additional pressures are coming down the line as a result of this legislation.

However, the commitment included in the policy paper accompanying the Bill refers only to a planning skills strategy rather than the

“comprehensive resources and skills strategy”

proposed in the 2020 “Planning for the future” White Paper. We believe that that is problematic. As we have debated on numerous occasions during this Committee’s proceedings, there is a clear need for additional resources for local planning authorities—a need that the many new burdens and duties provided for by the Bill will only serve to render more acute. We therefore believe that the Government were right in the 2020 White Paper to commit to a more comprehensive strategy that encompassed both skills and resources. New clause 71 would place a duty on the Government to publish that more comprehensive strategy within 12 months of the Bill securing Royal Assent and would specify what such a strategy should contain. I look forward to hearing the Minister’s response.

[Lee Rowley]

This is an interesting new clause but one that I ask the hon. Gentleman to withdraw. I think we share the underlying objective, which is to ensure that our planning system is well resourced, well managed and well executed, but there is the general question of whether we need to legislate for these things, and my view is that we do not need to legislate in the depth that he suggests. I hope he will take some assurance from the fact that this has been discussed several times in my short period in post, including as recently as yesterday, when I spoke to the chief planner on this matter. We continue to consider it in what I hope the hon. Gentleman would think is the detail it deserves. However, I hope he will withdraw the new clause, because I am of the view that the issue does not require legislation in order for the discussion to continue.

[Matthew Pennycook]

I appreciate the Minister’s response. The new clause was probing, as he will have seen, and I therefore do not intend to press it to a vote. I am reassured that he has already discussed the issue—several times, I think he said—in his short time in post. I hope he will take away the points that I made. We think we need a skills strategy, and I urge him to think about how planning departments in local authorities might be better resourced to do what they need to do. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 72

Local consent for onshore wind projects in England

“(1) The Secretary of State shall within six months of this Bill securing Royal Assent remove from the National Planning Policy Framework the current restrictions on the circumstances in which proposed wind energy developments involving one or more turbines should be considered acceptable.”—(Matthew Pennycook.)

This new clause would commit the Secretary of State to revising the National Planning Policy Framework within 12 months of the Bill securing Royal Assent to remove the onerous restrictions it currently places on the development of onshore wind projects by deleting footnote 54.

Brought up, and read the First time.

--- Later in debate ---

[Matthew Pennycook]

I tabled new clause 72 some time ago, with a view to pressing the Government to remove the de facto moratorium imposed for many years on the development of onshore wind. The growth plan, published late last month, committed the Government to doing just that, by bringing onshore wind planning policy into line with planning for other forms of infrastructure. As hon. Members know, most of the measures set out in that growth plan have been junked as part of the humiliating mini-Budget U-turn, but having seen no evidence to the contrary—the Minister might disappoint me again in this regard—we assume that the decision to remove onshore wind planning restrictions is one of the few to have survived the cull. Even if that is the case, it remains unclear how the Government intend to deliver on that commitment, so that this cheap form of renewable energy generation can be deployed more easily across England. New clause 82 probes the Government on that point.

Three categories of onshore wind project are needed in large numbers: first, projects that are larger than the 50 MW threshold for nationally significant infrastructure projects; secondly, projects that are below that 50 MW threshold; and, thirdly, smaller community energy projects. Each is addressed specifically by new clause 82. Proposed new subsections (1) and (2) would unpick the 2016 regulations that removed onshore wind in England from the nationally significant infrastructure projects process set out in the Planning Act 2008, meaning that proposed onshore over 50 MW could secure consent through the development consent order system. Subsections (3) and (4) would require the Government to set out in a written ministerial statement how national planning guidance will be amended quickly to enable local authorities to determine applications for onshore wind projects below 50 MW. Finally, subsections (5) and (6) would require the Government to bring forward a plan clarifying how smaller community energy projects will be supported.

To meet our emissions reduction targets and the predicted increase in demand for electricity in coming decades, as the decarbonisation of our economy advances, there is a pressing need to increase our onshore wind capacity rapidly. The Climate Change Committee recommended the installation of between 22 GW and 29 GW by the end of this decade. As Labour Members will continue to argue, doing that at pace would have the added benefit of reducing bills, creating good jobs and bolstering our energy security.

I hope that the Minister will engage thoughtfully with the new clauses, and perhaps provide the Committee with some answers as to how the Government intend to implement the decision set out in the growth plan in respect of onshore wind.

[Lee Rowley]

The hon. Gentleman has received some assurances since he tabled new clause 72. The Government have looked at the issue again, and I am grateful for his acknowledgment of that. I am afraid that I will disappointment him. I completely understand and accept the importance of the issue, while acknowledging that it is a sensitive one in certain parts of the country. I accept that the Committee has been in existence for many months, debating many important things, but given the salience and importance of this policy issue to our broader national discourse, I suggest that it be considered more broadly than simply in this Committee. We will bring forward further information about our continuing commitments and intentions in this area in due course. However, that is not something I can do in Committee.

[Matthew Pennycook]

The Minister is determined to disappoint me in our exchanges, but I accept that he feels unable to opine on the Government’s intentions regarding the onshore wind that they have committed to allowing via the planning system and the various routes that I have mentioned. I hope that the situation will be clarified at a later stage. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 73

Duty with regard to climate change

“(1) The Secretary of State must have special regard to achieving the mitigation of and adaptation to climate change when preparing—

(a) national policy or advice relating to the development or use of land,

(b) a development management policy pursuant to section 38ZA of the PCPA 2004.

(2) The Secretary of State must aim to ensure consistency with achieving the mitigation of and adaptation to climate change when exercising a relevant function under a planning enactment.

(3) A relevant planning authority when—

(a) exercising a planning function must have special regard to, and aim to ensure consistency with, achieving the mitigation of and adaptation to climate change, and

(b) making a planning decision must aim to ensure the decision is consistent with achieving the mitigation of and adaptation to climate change.

(4) For the purposes of subsection (3), a relevant planning authority is as set out in section 81 (a) and (b) and (d) to (j).

(5) For the purposes of subsection (2) a relevant function is a function that relates to the development or use of land.

(6) For the purposes of subsection (3) a planning function is the preparation of—

(a) a spatial development strategy;

(b) a local plan;

(c) a minerals and waste plan;

(d) a supplementary plan; or

(e) any other policy or plan that will be used to inform a planning decision.

(7) For the purposes of subsections (3) and (6) a planning decision is a decision relating to—

(a) the development or use of land arising from an application for planning permission;

(b) the making of a development order; or

(c) an authorisation pursuant to a development order.

(8) In relation to neighbourhood planning, a qualifying body preparing a draft neighbourhood plan or development order must have special regard to achieving the mitigation of and adaptation to climate change.

(9) For the purposes of this section, achieving the mitigation of climate change shall include the achievement of—

(a) the target for 2050 set out in section 1 of the Climate Change Act 2008, and

(b) applicable carbon budgets made pursuant to section 4 of the Climate Change Act 2008.

(10) For the purposes of this section, achieving adaptation to climate change shall include the achievement of long-term resilience to climate-related risks, including—

(a) the mitigation of the risks identified in the latest climate change risk assessment conducted under section 56 of the Climate Change Act 2008, and

(b) the achievement of the objectives of the latest flood and coastal erosion risk management strategy made pursuant to section 7 of the Flood and Coastal Water Management Act 2010.”—(Matthew Pennycook.)

This new clause would place an overarching duty on the Secretary of State, local planning authorities and those involved in neighbourhood plan-making to achieve the mitigation and adaptation of climate change when preparing plans and policies or exercising their functions in planning decision-making.

Brought up, and read the First time.

--- Later in debate ---

[The Chair]

I know it is a bit cheeky of me, but does the Minister have a long speech or a short one?

[Lee Rowley]

I will happily give a short speech.

[The Chair]

I call the Minister!

[Lee Rowley]

In the spirit of the brevity that you have requested, Mr Hollobone, let me say that I am grateful to the hon. Gentleman for the new clause, and I share his optimism about our ability to deal with climate change, but I also recognise that that it will take time, as we outlined in debate on previous clauses. Consequently, I will resist the new clause.

As the hon. Gentleman outlined in a number of ways that I will not repeat, there are already significant legal requirements on local authorities to consider climate change, as well as a national policy requiring local planning authorities to take a proactive approach to climate change. I cannot give any guarantees, but I will certainly consider his points, because that is an important part of the housing brief. On this occasion, however, the new clause is unnecessary, and I ask him to withdraw it.

[Matthew Pennycook]

The Minister will appreciate that I find that response disappointing; there is a clear difference of opinion. We think that the existing duties, requirements and guidance are not having the intended effect that he outlined, and we feel strongly that there is a case for amending primary legislation to ensure that the planning system aligns fully with the Climate Change Act and other statutory frameworks.

I know that we are on the clock, Mr Hollobone, so I will not labour those points, which have been made before, but to drive home how important we feel the issue is, I will press the new clause to a Division.

Levelling-up and Regeneration Bill (Twenty Fifth sitting)

Lee Rowley Excerpts

Committee stage
Tuesday 18th October 2022 Public Bill Committees

[Tim Farron]

I congratulate the hon. Member for Buckingham on bringing forward these important new clauses. I agree with an awful lot of what he said. Undoubtably, food security is something that our country has overlooked hugely in recent decades, to our great cost. By some metrics, we produce only about 55% of the food we eat. That is not just a dangerous position to be in given the global situation, but it is morally questionable. As a first-world nation, we will go out and find the food we need, and we will inflate prices on the commodities markets, which will end up increasing prices for the poorest people in the world. On that level, we have a moral requirement to make good use of the land we have to produce food to feed ourselves so that we are not literally starving other people around the world.

It is worth pointing out that 70% of England’s land and about 72% of the United Kingdom’s land is agricultural. If we are serious about tackling global carbon emissions and improving biodiversity, we have to start with those working in farming. Anyone who thinks we can improve our environment without keeping people farming to deliver those environmental policies is not living in the real world.

The other thing that makes the new clauses attractive to me is that they refer to the responsibilities not just of planning authorities, but of Ministers. When it comes to planning authorities, a requirement to look at the impact of any proposal on food production and farming may sometimes mean that we protect land and do not allow development. It may also sometimes mean that we permit development, in order to allow, for example, diversification. Some level of renewable energy on farm sites is something that farmers actively want, to help shore up their businesses. I agree that we do not want to see whole farms handed over to solar, but many farmers would like the option to use renewables for environmental reasons and to cross-subsidise and diversify their business. Also, sometimes we simply need labour in those communities, and we may need to build some houses to ensure that we have sustainable farming.

I wish that the provisions of these important new clauses were already in law, because they would stop the Government botching the transition from the common agricultural policy, which was far from perfect, to the new ELM scheme. That will see farmers lose 20% of their income by the end of this year, with very little to replace it. Fewer than 2% of the 1,000 farmers in my patch—13 of them—have signed up for the new sustainable farming incentive. The botching of the transition means that farmers will lose their income, and so far they have very little to compensate for it.

However, to botch the unbotching is almost inexcusable. In the last few weeks, the Government have signalled that they might be ready to rip up ELMS altogether, after farmers have spent two years preparing for it. We see foolishness upon foolishness, all of which puts our farmers in a desperate position. They have never been more angry with the Government of the day—and we do not have time to go into the damage being done to our farming community by trade deals. We desperately need to remember, at the heart of policy making, nationally and locally, the importance of farmers and farming to food production and the environment. If the hon. Member for Buckingham were to press the new clauses to a vote, he could count me on his side—I would vote with him.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

It is a pleasure to serve under your chairmanship, Sir Mark. I thank my hon. Friend the Member for Buckingham for his introduction to the new clauses and for the work he is doing on this important policy area. We absolutely accept the challenge that he puts to us. He made strong points about the importance of balancing competing demands, all of which are important in isolation and need to be thought through and integrated as best as possible, while recognising that it is sometimes not possible to do everything. The point of Government, both local and national, is to try to ensure that that balance is struck in the best possible way.

I hesitate to go too much into an agricultural discussion, although the hon. Member for Westmorland and Lonsdale was keen to move into that space, but I acknowledge the points that have been made. It is critical that we continue to have food security in the United Kingdom, that consumers have access to good quality, healthy and sustainable food and that domestic producers have a viable business in the long run. Although I do not want to trade figures, the figures I have in front of me state that we produce about 60% of what we eat, and we produce roughly 70% to 75% of what we can produce in this country. Given the problem of dates, times and the like, I recognise that those things move around, although they seem to have been relatively static over the last 20 years. Therefore—to my hon. Friend’s point—the question is whether the planning system needs further content and signals so that it is clear that these things can be weighed up more clearly.

At the current time, things are going on elsewhere in Government, particularly around the Agriculture Act, which my hon. Friend referenced. The Act commits the Secretary of State to have regard to the need to encourage the production of food by producers in England and for that production to be done in an environmentally sustainable way. Also in the Agriculture Act is a legal obligation to produce an assessment of food security once every three years. I hope that goes some way towards reassuring my hon. Friend, although I acknowledge that he is also interested specifically in the planning element.

This might be one of the statements that I make regularly over the next few minutes or so, but I am happy to talk to my hon. Friend in more detail about the underlying intent and calls behind his new clause. However, at the current time, I ask him to withdraw it in lieu of further discussions and debate outside after our sitting.

[Greg Smith]

I welcome my hon. Friend’s commitment to keep the conversation going. This is a subject, as right hon. and hon. Members can perhaps understand, that I get very passionate about. I could have a debate on agriculture for as many hours as the hon. Member for Westmorland and Lonsdale could. Our farmers produce the best food in the world, and we have to find the right balance to ensure that they have the land on which to produce it. In the spirit of carrying on the conversation before the Bill reports, I will not push the new clause to a vote, but I urge the Government to keep listening and talking to protect our world-class, best-in-class British farmers. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 14

Prohibition of mandatory targets and abolition of five-year land supply rule

“(1) Any housebuilding target for local planning authorities in—

(a) the National Planning Policy Framework (NPPF),

(b) regulations made under any enactment, or

(c) any planning policy document

may only be advisory and not mandatory.

(2) Accordingly, such targets should not be taken into account in determining planning applications.

(3) The NPPF must not impose an obligation on local planning authorities to ensure that sufficient housing development sites are available over five years or any other given period.”—(Greg Smith.)

This new clause requires a revised NPPF within six months to provide that housing targets are advisory not mandatory and that the five-year housing land supply rule will no longer apply.

Brought up, and read the First time.

--- Later in debate ---

[Greg Smith]

This should be relatively straightforward, given the commitments that my right hon. Friend the Prime Minister made in the leadership election during the summer. I believe that she described her approach as ending the Soviet-style, top-down housing targets that exist in the United Kingdom at the moment.

New clause 14, in the name of my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), gets to the nub of the matter by getting rid of mandatory targets and leaving local areas free to decide what housing development, commercial development, infrastructure and so on they need. It also gets rid of something that has been an aberration in the planning system for far too long. I have talked to local government colleagues up and down the land, and the five-year land supply rules have got in the way of many areas deciding exactly what is right for them and of their ability to be dynamic.

The new clause gets to the nub of these issues. I hope that the Government can listen and that we can move forward by adding to the Bill either this new clause or whatever the Government wish to bring forward to meet the Prime Minister’s commitments over the summer.

[Lee Rowley]

Again, I am grateful to my hon. Friend the Member for Buckingham for tabling the new clauses and for articulating the rationale and reasoning for them. I think he and everybody else present would accept the principle that these would be significant changes, whatever people’s views about some of the important points he highlighted, such as the five-year housing land supply rules, local plans and the NPPF. The appropriate balance needs to be struck in each case, and those debates could detain the Committee for many hours, with extremely strongly held views in many places. Each of us will have—as I do and as my hon. Friend the Member for Buckingham and my right hon. Friend the Member for Chipping Barnet, who is not on the Committee, do—individual recollections and experiences of the implications of the NPPF, the five-year housing land supply rules and other things for their constituencies and more broadly.

I recognise and acknowledge the significant underlying element of change that is proposed in the new clauses, the significant move away from the current approach, and the balance that needs to be struck. I also acknowledge that, as part of the leadership campaign, my right hon. Friend the Prime Minister made a series of statements over the summer about looking again at this area and bringing forward new proposals. However, I hope that my hon. Friend the Member for Buckingham will be content on this occasion to emphasise the point in his speech, which was that we should either look at the new clauses or bring forward additional proposals. I hope we can bring forward proposals in due course that he will have the opportunity to comment on, so I ask him to withdraw the new clause, pending further discussions in advance of the Bill coming back at a later stage.

[Greg Smith]

I am grateful to my hon. Friend the Minister for those commitments. The statements made over the summer were very clear, and I look forward to working with the Government on their proposals or to put new clause 14 into the Bill on Report.

New clause 15 goes to the heart of localism and the same issue that new clause 14 talks about: the ability of local communities, rather than Whitehall, to decide. Given the commitment that the Minister made, I am equally content that we continue the conversation, which we will come back to on Report. For the time being, I am content not to press new clause 15.

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn

New Clause 16

Character test: determination of applications

--- Later in debate ---

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

It is a pleasure to serve with you in the Chair, Sir Mark. New clause 37 in my name and that of my hon. Friends, is, like new clause 16, a simple amendment. I will not devote too much time to making the case for it.

We all agree that it is essential that the integrity of the planning system is upheld, not only to ensure that unauthorised development cannot blight local communities, but to maintain public trust and confidence in the planning decision-making process. When considering chapter 5 of the Bill, we had a number of debates about how planning enforcement might be improved as well as better resourced. A number of members of the Committee, including my hon. Friend the Member for South Shields, have spoken at length about the impact that rogue developers can have on communities across the country.

New clause 37 seeks to probe the Government on a specific issue of concern. As the hon. Member for Buckingham has just made clear, at present it appears that it is entirely permissible for an individual developer to consistently breach planning control, with the only risk being that they face enforcement action in respect of that specific breach. We believe that it is right that enforcement of planning law and regulation is based on the principle of proportionality and that when it comes to cases of alleged unauthorised development, local authorities have discretion to determine how the breach can be remedied. However, we also believe there is a strong case for changing the law so that certain categories of proscribed persons, in particular those who breach planning control and make no efforts to rectify those breaches, can be prohibited from carrying out development of any kind.

New clause 37 would allow that sanction to be applied to those who persistently offend when it comes to contraventions of planning law and regulation. Its objective is the same as new clause 16, on a character test and the prior record of an applicant. Adopting new clause 37, or a version of it, would reduce the burden on local authorities that are attempting to deal with the minority of rogue developers of this kind, and would also strengthen the integrity of the system overall. I hope the Government will give it serious consideration.

[Lee Rowley]

I thank my hon. Friend the Member for Buckingham and the hon. Member for Greenwich and Woolwich for their new clauses. I am extremely sympathetic to some of the concerns. I agree with the hon. Member that ensuring the integrity of the planning system is paramount. We will all have examples from across the country of where development does not occur in the way that is sanctioned, or before it is sanctioned, and then an attempt is made to gain planning permission retrospectively by those who are not necessarily following either the letter or the spirit of the rules as set down. It is extremely frustrating.

By the same token, we have to tread extraordinarily carefully here. There are a set of principles, which my hon. Friend and the hon. Member acknowledged in their speeches—that the planning system is based on a specific application, which should be judged accordingly on its merits. It is challenging to bring forward a form of character test within those principles, although I recognise that there is an issue here that many communities up and down the land are seeing.

As those who have debated it for longer than I have will know, the Bill already includes a significant package of measures that will help tackle persistent abuses of the system. Those will speed up the enforcement process, restrict the circumstances in which an appeal can be lodged, increase fines for non-compliance and discourage intentional unauthorised developments that rely on a slow enforcement timescale. The Government acknowledge some of the concerns and are trying to find appropriate levers with which to approach them.

While offering a commitment to continue to talk about this issue, although wanting to be being clear that it is extremely difficult in terms of legislation, as my hon. Friend and the hon. Member acknowledged, the Government are not minded to accept the new clauses. I therefore ask both Members not to press them.

[Greg Smith]

I welcome the commitment my hon. Friend has just made to carrying on the conversation. I accept the complexity, in a system that looks at individual cases, of bringing in a more universal test. However, there are other areas of life where people—for example, those with particular criminal records—are barred from doing certain activities—particularly where children are involved. If we could extend the principle and precedent whereby somebody who has form with rogue development—that is, turn up, build now and apologise later—which blights communities up and down the land, is barred through legislation that is practical and that does not undermine the planning system, I am up for carrying on that conversation. If not through the exact wording of this new clause, then perhaps by another means, we could find a happy solution that protects our communities from those who, I am sorry to say, continue to blight them by building out schemes that they do not have planning permission for.

--- Later in debate ---

[Lee Rowley]

I thank hon. Members for their contributions. At a high level, the new clause is attractive, and I am tempted by it, but for reasons that I will outline, I am afraid that we will be resisting it. I completely accept the way in which all three of my colleagues have articulated the issues. I am sure that everybody in this room has stories of cases in which, although planning applications have gone through the process, there is a general lack of consent from the community to the manner in which they went forward.

Notwithstanding that, and notwithstanding my acceptance of the points that the hon. Member for York Central rightly made about the importance of franchise of place and embedding local consent in decision making, two fundamental principles mean that I am unable to accept the new clause. First, it is absolutely vital that we retain the principle that those who own land have the right to make applications, and to understand the processes that they can go through. Once that due process has been concluded, those landowners have the right to do as they wish with their land, within the established framework that the Government deem it reasonable and proportionate to apply.

Secondly—I recognise that I am speaking to people with a great interest in this area, and I am probably telling them lots of things that they already know—we would all accept that planning is a long, difficult and convoluted process at the best of times. In another part of my portfolio, I am looking at the reasons why a large proportion of local authorities do not have a local plan; a local plan is one of the processes through which discussion takes place and consent, hopefully, is given to development. That is a multi-stage, multi-consultative process in which people can put forward ideas, and in which those ideas can be tested, and then accepted or not, first in the community, and then with an additional body looking at them. Once that process has concluded, on most occasions, there is the opportunity for planning applications to be debated in principle. The community has the opportunity to get involved at that stage, and then once again in the case of reserved matters.

That is a very imperfect process, and we will all have lots of experience of it not leading to communities liking, or particularly wanting, individual applications. However, it is important to note the multi-stage nature of the process and the multiple elements of consultation in. While I understand the sentiments behind the new clause and the frustrations that have been articulated, and while I recognise that the system is very imperfect, I ask my hon. Friend the Member for Buckingham to consider withdrawing the new clause. As many Members know, and occasionally remark on, I am only six weeks in post, but I have spoken to a number of people who have been involved with these matters for years. I understand that this proposal has been around for many decades, and one of the reasons why it has not been taken forward is the fundamental change it would make to the planning system. I accept and understand the importance of the new clause, but we are not able to accept it.

[Rachael Maskell]

I appreciate that the Minister was not here for earlier stages of debate on the Bill. Will he consider my suggestion about greater community engagement and involvement, and my point about ensuring deliberative democracy when sites are brought forward for use? It would be a way of trying to address the problem at source, rather than retrospectively, and it would give communities that engagement, franchise, and opportunity to determine how the community develops.

[Lee Rowley]

I am grateful to the hon. Lady for her comments. We may have another discussion about deliberative democracy when we debate another amendment in a few minutes’ time.

I am a great advocate of local communities having as much involvement in these discussions as possible. It is a shame when councils—I experienced this in North East Derbyshire a number of years ago—do not emphasise the discussion at the appropriate point, and people do not feel as involved as they need to if they are to understand what happens later in the process. I hope that local councils take opportunities to be as broad and open in their discussions as possible. I am also a big fan of neighbourhood plans, because they give communities the opportunity to be more involved in discussion. There are parts of the system that can be used at the moment, though I respect and acknowledge the challenge of involving local communities in it. I ask my hon. Friend to withdraw the new clause.

[Greg Smith]

I absolutely hear what my hon. Friend says about due process for landowners who wish to develop their land. I am not in any way, shape or form seeking to take any of that away through the new clause; it is quite right that landowners or developers should have the due process set out, and a clear path to appeal if they feel that they have not been treated fairly.

What is missing is the other side of the equation, when something materially affects a village, town or neighbourhood. Some months ago, when speaking to an amendment, I gave the example of the way flooding is dealt with in the planning process. In the village of Ickford in my constituency, every villager knew that a piece of land flooded not just a little, but a lot, but that was completely ignored throughout the planning process and when it got to the Planning Inspectorate. The community could see the problem—they knew and felt it; they had puddles lapping up to the top of their welly boots regularly—but was left with a choice of going to judicial review or nothing. That community right of appeal did not exist. They could see, feel and breathe the issues. This was the place they call home, but that knowledge could not be put into any meaningful challenge that would not cost the village £1 million.

I am happy to withdraw the new clause for the time being, but I really urge my hon. Friend to look at how we can restore fairness, so that when a place feels that the planning system has worked against it, it can lodge a good, well-thought-through challenge that that does not go into the unaffordable realms of judicial review. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 18

Start of development for planning purposes

“(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 56(4) (time when development begun) leave out paragraphs (aa) to (c)

(3) In section 92(2)(b) (outline planning permission) for ‘two years’ substitute ‘one year.”—(Greg Smith.)

Brought up, and read the First time.

--- Later in debate ---

[Tim Farron]

These interesting new clauses highlight two issues about which I am particularly concerned—issues to which the hon. Gentleman alluded. They are very helpful new clauses, and I am grateful to him for tabling them. He is right that, over the past decade, roughly a million properties granted planning permission have not been built. That tells us something. When the Government consider growth and the need for new developments, they think they just need to loosen planning regulations. Well, the answer to that is that 1 million new homes have obtained planning permission but have not been built. Let us focus on making sure that those developments get delivered, rather than on reducing the regulations, because that tends to lead to the wrong sort of homes in the wrong sort of places.

Another issue affects tens of thousands—but not a million—houses. It is when developments begin but are not completed. That may be for a range of reasons, such as genuine business failure. It may also be due to a disreputable developer; we have seen plenty of those. I think of one in my constituency, a serial bankrupt, and it seems obvious to me that in their case, we are talking about a deliberate business tactic. Developments are either completely or partially abandoned. That is a waste of time and money, and it creates eyesores for communities, when the development could have provided nice, decent homes for people to live in.

Would the Government consider going further than the new clauses suggest and applying existing legislation, namely empty dwelling management orders? They allow local authorities to commandeer empty properties after a period. It should be noted, however, that the period is seven years, which is far too long, but we should be able to commandeer developments that were begun but not completed for public use and public good. I can think of one house in the Kendal Parks area of Kendal that has been uncompleted for 20 years. It is an eyesore, and damaging to the local community. It could be a decent home for someone. I can also think of a whole development in Burton-in-Kendal that has been poorly managed and has fallen out of the hands of one set of owners into those of another. The ability of local authorities to commandeer properties for the public good would be of huge benefit, not just to my community but to every Committee member’s community.

[Lee Rowley]

I am grateful to the hon. Member for Westmorland and Lonsdale for his comments, and to my hon. Friend the Member for Buckingham for tabling the new clauses.

I accept that this is another area of policy that is difficult and challenging and that a balance needs to be struck. I completely understand the concerns that have been raised. In order not to detain the Committee, and without offering any guarantees, I would be keen to continue the conversation outside the realms of the Committee to consider and reflect on the points made by those who have spoken. I am happy to discuss that in advance of further stages of the Bill, should my hon. Friend be content to do that.

[Greg Smith]

I welcome that commitment. I stand ready to carry on the conversation; therefore, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

--- Later in debate ---

[Greg Smith]

I beg to move, That the clause be read a Second time.

This new clause is in a similar vein to many of the others that I have tabled, although it looks at the controls for planning enforcement and essentially abolishes the time limits so that where rogue development or development carried out without planning permission takes place, especially in protected landscapes, it can no longer be timed out by a lack of enforcement action. I accept that planning enforcement is not a statutory service on local authorities, which are often overstretched. Removing the time limit would ensure that those who have done wrong by a community and developed that which they should not have, or have developed in a manner that is not commensurate with their planning permission, can still face the appropriate planning enforcement beyond the current statutory time limits.

[Lee Rowley]

I share my hon. Friend’s desire to ensure that important landscapes are protected from breaches of planning control. We would need to consider the time limit by which that occurs, and whether an open-ended time limit is the most appropriate way. While I understand the underlying principle and point that my hon. Friend makes, there is a challenge in leaving something so completely open ended, as it could come back in many years’ or decades’ time, however unlikely that may be.

As my hon. Friend will know from sitting on this Committee longer than me, the Bill already increases the time limits for some breaches of planning control from four years to 10 years. We hope that is a positive direction of travel that demonstrates the Government’s willingness to look at this area and make changes where appropriate, but in this instance, I ask my hon. Friend to withdraw the clause. I am happy discuss it further—although it is very difficult to see how an open-ended timeframe can be obtained. I hope that he can see in other parts of the Bill the Government’s intent to look at that where we can and where it is proportionate to do so.

[Greg Smith]

I very much welcome the Minister’s words. I accept that, with a totally open-ended time limit, the new clause is imperfect. I am happy to negotiate and find a happy medium that sets a more realistic and reasonable timeframe, so that planning enforcement does not just fall off the metaphorical cliff edge and communities are not left wanting. Therefore, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 23

Report on measures to incentivise brownfield development over greenfield development

“(1) The Secretary of State must, within 60 days of the day on which this Act is passed, establish a review of the merits of measures to financially incentivise brownfield development over greenfield development.

(2) The review must, in particular, consider the impact of—

(a) introducing a greenfield plot tax to provide dedicated funding streams for brownfield development,

(b) setting a uniform zero-rating of VAT for development on brownfield sites,

(c) applying standard VAT to development on greenfield sites,

(d) applying variable measures to ensure that increases in land values attributable to the granting of planning permission for development are used in support of communities local to those developments, and

(e) allowing a high degree of variation in the Infrastructure Levy to enable communities to value the loss of greenfield land depending on local circumstances.

(3) The Secretary of State must lay a report on the findings of this review before Parliament no later than one year after this Act comes into force.” —(Greg Smith.)

This new clause would require the Secretary of State to review the merits of measures that would financially incentivise brownfield development over greenfield development and to report the findings to Parliament.

Brought up, and read the First time.

--- Later in debate ---

[Lee Rowley]

I am grateful to my hon. Friend for tabling the new clause. I absolutely accept his points about discussing this matter sensitively and accepting the real challenges in parts of the housing market. I understand and acknowledge that challenge, which the Department grapples with daily and as much as the state can. It is vital to have an effective housing market and for people to have good-quality properties and roofs over their heads, irrespective of tenure. Most fundamentally, we Conservatives know that expanding home ownership is vital. Although it is starting to increase again as a proportion, a gap remains between the number of people who want to buy a house and the number of people who can.

We all have our own individual stories. In North East Derbyshire, the way that properties are distributed—that sounds like a very technical word for real people’s lives—does not necessarily align in all instances with people’s needs. In one town in my constituency, a significant amount of which was built in the ’60s, ’70s and ’80s, lots of people who purchased properties to bring up their families are struggling to find houses—bungalows in particular—to downsize to, now that their families have flown the nest. Many Members will have similar stories.

At the same time, my hon. Friend has considered the matter closely and will acknowledge that there is a question about whether we need to legislate in this area. I humbly suggest that we do not, but I recognise the intent behind the amendment. Over the course of my time in post, I will continue to do what I can to answer some of those questions, as will the Department, so I ask him to consider withdrawing the amendment.

[Greg Smith]

I appreciate my hon. Friend’s comments. To clarify, yes, we would be putting a clause into legislation, but we would not be legislating for the outcome. We would be legislating for a duty on his Department to publish a report—to properly kick the tyres, if I may put it like that—on the housing market failures that are leading to the demand for so many new housing units to be built.

Of course, I fully accept that tackling stamp duty is not within the competence of the Department for Levelling Up, Housing and Communities. Altering the rates to get the market moving more quickly would have to be pitched to His Majesty’s Treasury. With that in mind, I am content to withdraw the new clause, but I urge my hon. Friends the Ministers to consider this point as the Bill and the Department’s work on housing and planning move forward. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 25

Report on promoting development in already developed areas

“(1) The Secretary of State must prepare a report on possible measures to promote development in areas that are already developed.

(2) The report must consider measures to promote—

(a) the purchasing by housing associations of properties that—

(i) have been unoccupied for an extended period (with reference to the vacancy condition in section 152), or

(ii) are currently unfit for human habitation (with reference to requirements of the Homes (Fitness for Human Habitation) Act 2018;

(b) novel means of providing increased affordable housing that is sustainable and accords with surrounding areas.

(3) The report must be laid before Parliament before the end of the period of six months beginning on the day on which this Act is passed.”—(Greg Smith.)

Brought up, and read the First time.

--- Later in debate ---

[Greg Smith]

I beg to move, That the clause be read a Second time.

This new clause goes to the heart of an issue very close to my constituents, who have seen a great number of trees damaged—largely by the Government’s HS2 project, I have to say. It happens far too frequently in rural environments, but it is equally applicable to urban ones, where trees that are unacceptably damaged, often with preservation orders on them, are often the only green for some distance around. Very straightforwardly, this new clause in my name and the name of my right hon. Friend the Member for Chipping Barnet seeks to put in place measures that will clamp down harder on those who deliberately damage trees during development.

[Lee Rowley]

I am grateful to my hon. Friend for moving this new clause, and I am sympathetic to the issue that he and other Members have raised. The protection of trees and the environment is hugely important, and it is frustrating when others do not support that cause. The information I have is that the law already provides a substantial amount of leeway to seek appropriate financial redress from people who have been accused of damaging trees, should the contravention have been through the local council via a tree preservation order.

With that in mind—I may be misinterpreting my hon. Friend—I am keen to understand from my hon. Friend or his colleagues why they believe there is still a need to change the law. There is obviously a bit of a difference in views at the moment, so we should try to bottom that out. If we can find an issue to debate, I would be very happy to do so, but for the purpose of today, I ask my hon. Friend to withdraw the amendment.

--- Later in debate ---

[Lee Rowley]

I thank my hon. Friend the Member for Buckingham for tabling the new clause.

I absolutely accept the validity of this discussion; it is an important one, and I am relatively sympathetic to the point that is being made. It is appropriate that we think through the balance between localism and centralism in this area, and my own personal instincts are that localism should take priority and precedence. So, if he is willing to withdraw this new clause, I am very happy to talk about this matter in more detail.

As I know my hon. Friend will know, we have already committed to increasing planning fees, as part of an earlier discussion. However, I am happy to talk about what he perceives as the need in this area over and above that, particularly given his own local circumstances.

[Greg Smith]

I very much welcome the Minister’s comments; I fully accept that planning fees are allowed to go up and I look forward to having a discussion with him about how some geographical areas, particularly those areas that border London and that compete with London weighting, need to have greater flexibility.

In the meantime, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 30

Housing powers of the Mayor of London

“(1) Article 7 of the Town and Country Planning (Mayor of London) Order 2008 (direction that the Mayor is to be the local planning authority) is hereby revoked.

(2) Section 333D of the Great London Authority Act 1999 (duties of the Authority and local authorities) is amended as follows.

(3) At the end of subsection (2) (general conformity with the London housing strategy), insert—

‘, but any housebuilding target in the London housing strategy is advisory not mandatory and should not be taken into account in determining planning applications.’”— (Greg Smith.)

This new clause would remove the Mayor of London’s power to direct a London borough that the Mayor will be the local planning authority for a development, and clarify that any housebuilding target in the Mayor’s housing strategy is advisory only.

Brought up, and read the First time.

--- Later in debate ---

[Greg Smith]

I beg to move, That the clause be read a Second time.

We come to the end of this marathon run of new clauses. New clause 30 is one that could be a little bit prickly to navigate.

Without wanting to get into a debate about personalities who occupy the office of Mayor of London, the new clause seeks to test where the principle of localism actually sits, because across the London boroughs there are locally and democratically elected councils or directly elected mayors, and across the whole of the capital there is the Mayor of London. The councils and directly elected mayors, and the Mayor of London, have planning powers, which is an anomaly that has been thrown up and that causes political tension, when there is a Labour Mayor and a Conservative borough, or indeed when there is a Conservative Mayor and a Labour or Lib Dem borough. That tension is real; it exists.

My instinct is always that the most local area should be the one that makes the decision rather than the regional area or a pan-regional area. I accept that that is an ideological position of mine; it is how I believe decisions are best made. However, there is clearly a tension. I have talked to colleagues, such as my right hon. Friend the Member for Chipping Barnet—this new clause has also been tabled in her name—and my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), who has been very engaged in this debate as well, so I know that that tension exists.

It might not be my preference, but it might be the case that the most appropriate decision-making level in London is the regional level, which is the Mayor of London. I do not believe that it is, but that would be a legitimate answer. Alternatively, is it the London boroughs that have primacy when it comes to planning? If we are true to the principle of subsidiarity, it would be the London boroughs, but at the moment that tension exists. However, if we were to make the Mayor’s powers in relation to the boroughs advisory as opposed to compulsory, we would take that tension away.

I offer the new clause to the Committee as one that identifies a very tightly defined geographical problem that affects many Members’ constituencies and causes a lot of community upset, where a London borough’s planning authority is essentially over-ruled by a regional structure.

[Lee Rowley]

I thank my hon. Friend the Member for Buckingham for tabling the new clause. I will resist the opportunity to defend the current incumbent Mayor of London, as I am sure he would expect, although I know other members of Committee would disagree with me.

A number of us in this room share experience of local government in London; at least three of us here—I apologise if I have missed anyone—served simultaneously on different councils in London. I served on Westminster council for eight years, until 2014. Even when there was alignment between regional and local tiers in terms of party, I recall a number of disagreements about individual applications and the general principle of where the relevant powers should sit. We will probably not resolve that philosophical debate today, other than to say that I acknowledge the concerns of my right hon. and hon. Friends who have put their name to the new clause.

It is particularly important to acknowledge the difference between inner and outer London, and the difficulties of making sure that policies can apply to both areas equally. I think we should tread extremely carefully when considering whether to amend the strategic powers of the Mayor, even if I happen to disagree with much of what the current incumbent does. Although my hon. Friend for Buckingham has made known his strength of feeling about the matter, and that of other colleagues, I ask him to withdraw the new clause.

[Greg Smith]

I welcome the Minister’s comments, and as I acknowledged, it is a difficult issue to navigate. It almost reopens some of the devolution questions. It is an anomaly that many London colleagues, certainly on the Conservative Benches, feel and I welcome the Minister’s commitment to work with them and me. Like him, I was a London borough councillor just a little way up the river from him for 12 years, some moons ago, and felt the same pressures. If he is willing to work with London colleagues to find a satisfactory way through this, I am content to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 34

Local government capital investments: economic appraisal

“(1) This section applies to local government capital investments of a value of £2 million or more.

(2) Before making an investment to which this section applies, a local authority must—

(a) commission an economic appraisal of the investment, and

(b) publish the findings of that appraisal.”—(Rachael Maskell.)

This new clause would require local authorities to commission, and publish the findings of any capital investment of the value of £2 million or more.

Brought up, and read the First time.

--- Later in debate ---

As the Government make changes to the planning system through the Bill, there is an incontrovertible case for their taking the opportunity to comprehensively investigate and assess the impact of the progressive expansion of PD rights over the past nine years and to consider the case for returning control to local planning authorities. New clause 68 would commit the Government to carrying out that comprehensive review of permitted development rights within 12 months of the Bill securing Royal Assent. I look forward to the Minister’s response.

[Lee Rowley]

I thank Opposition Members for tabling the new clauses, and I understand why they have done so. In all processes, there will be challenges; there will be difficulties at the margins in how things work and where people try to push boundaries beyond where they are intended to be. I do not disagree that there will be examples around the country where PDRs have not been used in the right way, in the same way that there are problems with the existing planning system when people go through planning applications, or with enforcement when people have not done that.

There are problems in all systems, and I accept that the Government’s job is to try to minimise those problems while recognising that it is always a work in progress. I particularly accept the challenge that the hon. Member for York Central made about holiday lets and the like. I am happy to discuss that with her separately, if that would be helpful.

There is obviously a question about where we strike the balance between enabling processes to continue to happen in a way that is sped up, gives certainty and clarity, and brings out the “right answer” most of the time, and where additional consideration or time, or additional processes, are required. The latter all comes with cost, in terms of time and clarity, for those making applications. That balance is very difficult to strike, but we are trying to strike it by ensuring that the PDRs in the system, but also a significant proportion of applications that potentially require further consideration, go through the normal process.

The challenge that I have with the new clauses—I absolutely do not mean to caricature them—is that, in the way that they are written, they seek a review of every single element of PDRs. I know that the Opposition Front Benchers know that a significant amount of permitted development rights are relatively uncontroversial. The Opposition are effectively saying that, in order to look at problems that are understood and that need consideration and review—I am happy to talk to them about what we should do with those, if we are able to—we must also look at every single other PDR, including things such as how porches, chimneys, flues and microwave antennae are changed.

I am not sure that is the Opposition’s intention, so I gently ask them to consider withdrawing the new clauses on the basis that, while I am happy to continue the conversation, I think that their approach may be disproportionate to their intention.

[Mrs Lewell-Buck]

The Minister admitted that PDRs are not being used in the correct way. He feels that our new clauses seek a review of every element of PDR, but if he and the Government do not want to review every element, what elements would they review? He has already admitted that the system is not working properly, so will he offer an alternative?

[Lee Rowley]

For clarity, I said that no system is perfect. That is not necessarily a recognition that anything is systemically wrong, although I am happy to debate individual instances if Opposition Members believe that to be the case. We will never create a perfect system. I am sure that we all intend to make the processes better. There will be differences of view, both in the Committee and outside it, about where it is appropriate to draw lines in terms of the use and non-use of PDRs. That will be a discussion long after we have left this place. I am keen to hear from colleagues on both sides of the House about where they think PDRs are not working in the ways that we hope, recognising that no system is perfect but hoping that they are used correctly in most instances. I do not think, however, that it is proportionate to do a wholesale review of PDRs at this stage.

[Mrs Lewell-Buck]

I thank the Minister for being generous in giving way again. I do not think that he quite understood the point that I was making. He said that PDRs are not being used in the right way, so where do he and the Government feel that they need to be looked at? I am not getting any clarity.

[Lee Rowley]

I am happy to clarify. I did not say that PDRs were not being used in the right way; I said that no system—

[Mrs Lewell-Buck]

You did. I will check Hansard.

[Lee Rowley]

I know that Hansard will demonstrate the context. I was saying that no system is perfect. I was not making any comment on individual PDRs, but I have said to colleagues on both sides of the Committee that I am happy to discuss individual areas where they have concerns, outside of a proposal for every single one of the 155-odd PDRs to be reviewed in detail within a timeframe that is not particularly proportionate. If there is a problem, let us talk about it in individual areas, but this approach is disproportionate. I hope that the Opposition will consider withdrawing the motion and having a separate discussion about specific instances that have been raised, and others that they are concerned about.

[Rachael Maskell]

I listened carefully to the debate, and I am grateful for all the contributions to it. The Minister will know that we are not putting forward a plan to tear up the whole PDR framework; we are simply calling for a review, as we believe is appropriate. After a scoping review, we would determine which points to drill down on, to ensure that we are looking at the parts of the system that are simply not working. That is the intention behind the new clause. Although it has a broader scope, it homes in on some of the challenges in the system. I therefore do not think that the proposal to put a scoping exercise in the legislation is unreasonable. I welcome the Minister’s offer of dialogue on these matters, which clearly are significantly impacting our communities. Dialogue will be really important. I will not press my new clause to a vote, but I will certainly take up that offer.

Levelling-up and Regeneration Bill (Twenty Fourth sitting)

Lee Rowley Excerpts

Committee stage
Tuesday 18th October 2022 Public Bill Committees

[Rachael Maskell (York Central) (Lab/Co-op)]

I beg to move amendment 130, in clause 185, page 190, line 2, leave out “an historic environment record” and insert

“or have access to an historic environment record and adequate specialist advisory capacity”

This amendment is intended to ensure that all current models for service provision of HERs are covered by the provisions of Clause 185 and that HERs have access to specialist archaeologists and conservation officers.

It is a pleasure to serve with you in the Chair, Mr Hollobone. We are making good progress. Although the provision in the legislation on historic environment records is good in itself, it simply does not go far enough. My amendment calls for specialist archaeologists and conservation officers to be engaged in the planning process to a greater degree.

Historic environment records extensively map the physically accessible historic environment and archaeological areas. However, they do not come with a voice, a brain or context. The amendment, which is supported by those who work in the field, recognises the unique importance of specialist archaeologists and conservation officers in the process and the need to draw on their skills and expertise to advance the understanding of a site, which often is missed when just looking at historic records.

Although HERs are an important starting point, it is about the interpretation of the relevance of a site and using that specialist knowledge combined with the records that makes a significant impact on the site and makes it significant. Eighty areas in England are covered by HERs; two thirds of records are held online and are accessible via local authorities. An archaeologist can interpret the HER data, bringing it to life, placing it into context and giving the site relevance, weighing the possibilities and asking the challenging questions about that site: why is it there? What is it about? How does it impact on us, past and present?

I use York as an example of the discoveries made, because there have been so many incredibly significant finds in the city that have led to further exploration and understanding of the context of our history. Ensuring that we engage specialist archaeologists and conservation officers extends the understanding of our past and the influences on us. In York there have been so many finds on the Coppergate site. People think about the Jorvik centre, but behind that is the understanding of our city as an international place of trade, and what that meant then and today for diversity in our country and where we all come from. Those issues are so important in the archaeological context, but we would not get that from an HER. That is why it is so important to extend the legislation to ensure that we have those minds and that knowledge applied to the records, to ensure that there is significance.

I think about the Richard III finding in Leicester. Had the minds not been there, that site could have so quickly been missed. Yet the discovery of Richard III has given a huge economic opportunity for that city, not least from tourism. It is important that the skills that we have educated people in, which they have applied in their science and their art, can be brought into the process. That will ensure that we have the specialist archaeological and conservation officers’ engagement with the historic environment records, which will give real value to this process and ensure that we are not just looking at a paper exercise, but using the science and arts of archaeology and conservation to ensure the value of that site and build it into the identity of the community.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I am grateful to the hon. Member for York Central for introducing this amendment. We agree that historic environment records are an important source of information about the historic environment of any given area, especially its archaeology. I defer to the hon. Member for York Central in terms of her knowledge of the history, particularly in her area. HERs can help the public learn more about where they live and ensure that local plans and planning decisions are informed by an understanding of an area’s history. I am glad that the hon. Lady and others have broadly welcomed clause 185 and the fact that we are putting historic environment records on a statutory footing for the first time. I know that the heritage sector has warmly welcomed that as well.

I completely understand the sentiment behind the hon. Lady’s amendment. The first philosophical question we have to deal with is not whether this is a good thing in principle, but whether it is necessary to have it in primary legislation. My gentle challenge to the hon. Lady—and the reason that in a moment I will ask her to withdraw her amendment—is that I am not convinced this necessarily needs to be put forward in primary legislation in this instance, given what I am about to outline and the fact that there will be other opportunities for her to make her case and for the Government to consider what is possible.

Furthermore, though I understand the intent behind the amendment, we are concerned that the wording may potentially water down some of the statutory duties of local authorities, if it is looked at in certain ways. It may also be inconsistent with the current drafting of subsections (4) and (5), which provides for how the duty should be discharged by a local authority. I know that is not the intention of the hon. Lady, but it is something that has been raised by officials in discussion and appropriate assessment of this. Consequently, I will ask the hon. Lady if she would be minded to withdraw her amendment. She may be aware that we intend to publish accompanying guidance alongside the intention of putting HERs on a statutory footing. That will give some clearer views about how those records can be maintained. If she is willing, we will be happy to receive more detail about her concerns, and I will ask that officials give those concerns complete consideration when we are creating that guidance. I hope that some of the understandable concerns she has outlined today can be assuaged through that process. Therefore I will ask the hon. Member if she is content to withdraw her amendment.

[Rachael Maskell]

I welcome the Minister to his place. I take the challenge straight on. First, I reiterate the point that records themselves do not have application—they are presented in the way they are but they do not have a voice, they do not have context and understanding and they certainly do not have a brain, though they are written by those who do. Of course, archaeology is about a process and a journey; it is not static, but is moving the whole time. Therefore that context is really important to engage with.

I issue a challenge back to the Minster on the matter of watering down the role of local authorities. We all have a huge responsibility to preserve our heritage, understand our history and ensure that we are using the science of that. I know that archaeologists know more about science than we do, but we draw on the opportunities that that presents, which takes us into a stronger future as well as having commercial benefits. However, I am heartened to hear that there will be guidance that looks specifically at HERs and their application. I hope that when drafting the guidance the Minister ensures that specialist archaeologist resources are drawn on, as well as that of conservation officers, so that the maximum opportunity can be derived from looking at the historical context within the planning system. I will closely examine that guidance. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Lee Rowley]

I will not detain the Committee for long. Historic environment records are, as we have just discussed, an information service that provides access to comprehensive and dynamic historic environment resources. They relate, as the hon. Member for York Central indicated, to a defined geographical area, for public benefit and use. They are important sources of information for plan makers and applicants, as well as for the public and other Government bodies. We seek to put them on a statutory basis in order to provide clarity for the sector and those who wish to use the records. The clause will make it a statutory requirement that all local authorities maintain a historic environment record, which must be kept up to date, be maintained to an agreed standard, contain specified information as a minimum, and be publicly accessible.

Question put and agreed to.

Clause 185 accordingly ordered to stand part of the Bill.

Clause 186

Review of governance etc of RICS

Question proposed, That the clause stand part of the Bill.

[Lee Rowley]

The clause enables the Secretary of State to commission, from time to time, reviews of the Royal Institution of Chartered Surveyors. RICS, as many hon. Members will know, is the leading professional body for surveyors. Its members work across the UK, and RICS plays a vital role in these sectors. The guidance RICS publishes is valued by surveyors, industry and members of the public. The clause will enable reviews into RICS’s governance and its effectiveness in meeting its objectives. The clause does not prescribe the frequency of reviews, but gives the Secretary of State the necessary power and flexibility to further specify the scope and timing of any review that is required.

The Government do not envisage enacting a review of RICS on a regular or specified basis, so long as RICS demonstrates its effectiveness and is reviewing its own performance to the satisfaction of Government and Parliament, but should a review be required the clause sets out that the person the Secretary of State appoints to carry out the review must be independent of both the Secretary of State and RICS. The reviewer must submit a written report setting out the results and any recommendations of the review to the Secretary of State, who will publish a copy of the report. The clause does not include powers for the Secretary of State to act on any such findings or recommendations; they would need the explicit approval of Parliament. That will ensure that the Government have the ability in law to review whether RICS is performing in the public interest, and I commend the clause to the Committee.

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

It is a pleasure to serve with you in the Chair, Mr Hollobone. I thank the Minister for that explanation of the purpose of the clause, but he will be aware that the Royal Institution of Chartered Surveyors has expressed deep concerns about its precise wording, not least in terms of the precedent that it would set in relation to Government interference in other royal chartered bodies.

The issue is not the need for RICS to undergo periodic reviews of its governance and performance. Following the September 2021 publication of the Levitt report into the events that took place within the institution in 2018 and 2019, and the subsequent independent review undertaken by Lord Bichard, which examined its purpose, governance and strategy, RICS’s governing council accepted that regular independent reviews should take place, with their findings laid before Parliament and the devolved nations. The case for periodic independent reviews is therefore uncontested.

From what the Minister said, I think what remains the point of contention is whether the Secretary of State should be given the power to commission reviews of RICS, the scope and frequency of which are not clearly defined in the Bill, or whether the clause should be revised to reflect the commitments made by the institution in the light of Lord Bichard’s independent review. Given the serious concerns expressed by RICS, I will probe the Minister further on the Government’s rationale for the clause’s wording. Can he set out more clearly why, given that RICS’s governing council has made it clear that it accepts recommendation 14 of Lord Bichard’s review in full and will implement it subject to Privy Council approval, the Government believe that they still need to legislate to ensure that the Secretary of State can initiate reviews of RICS whenever they choose, as well as determine their scope?

Can the Minister also outline how such periodic reviews initiated by the Secretary of State using the powers in the clause would differ, if at all, from the parameters of independent reviews as outlined in paragraph 3.22 of Lord Bichard’s review, and accepted in principle by RICS? Can he reassure the Committee that the Government have given serious consideration to the potential impact of approving this clause unamended on not only RICS’s independence and ability to act in the public interest but the status of royal chartered bodies more widely?

As I say, we have no issue with the clause in principle, and we do not suggest that it should be removed from the Bill entirely; there is clearly a need to act to ensure that RICS is subject to regular independent review. However, we want the Government to properly justify the inclusion of the clause as worded in the Bill, rather than amending it to reflect developments following the publication of Lord Bichard’s review. I look forward to hearing the Minister’s response.

[Lee Rowley]

I am grateful to the hon. Member for his questions, which are entirely reasonable and on which I hope to provide some assurance. First, he asked why the Government are asking for this power, given that the Bichard review has outlined a process to resolve the current situation. The view of the Government and of previous Ministers who instigated this was that a process was likely to be under way, but equally there is value in the Secretary of State having this power, should it ever be necessary in the future, which obviously we hope it would not, and we have indicated that it would be used extremely sparingly. The principle of having the ability to instigate a review is one that the Government believe is reasonable and proportionate.

Secondly, the hon. Gentleman asked how the terms of reference would differ from an independent review. That question would have to be asked in individual circumstances, so I hope he will accept that it is a difficult one to answer. However, I understand the sentiments behind the point he makes.

Finally, the hon. Gentleman asked whether the Government have given serious consideration to the impact of this approach on the ability of RICS and other bodies to operate. I am happy to confirm that the Government and I will engage in discussion with RICS about this in the coming weeks before further stages of the Bill, and I will be keen to discuss with RICS all elements of the Bill, to understand its concerns and to see what reassurances I can provide.

Question put and agreed to.

Clause 186 accordingly ordered to stand part of the Bill.

Clause 187

Vagrancy and begging

Question proposed, That the clause stand part of the Bill.

[Dehenna Davison]

We recognise that this is an issue on which there is a great deal of passion and heart. The Government agreed that the Vagrancy Act 1824 was antiquated and not fit for purpose. That is why we committed to repeal the Act once an appropriate and modern replacement was in place. I pay tribute to those who have campaigned so passionately on this issue, such as my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken).

It is important that we balance our role in providing essential support for the most vulnerable with ensuring that the police and other agencies can protect communities, while embedding rehabilitation and support at the heart of our approach. We launched a public consultation to seek views and inform any replacement for the Vagrancy Act. This placeholder clause will allow Government to introduce appropriate legislation once the results of the public consultation have been analysed.

In the meantime, the Government have made the unprecedented commitment to end rough sleeping within this Parliament. We remain steadfastly committed to that goal. By autumn last year, rough sleeping levels were at an eight-year low, having reduced by 49% since 2017. In September we published a bold new rough sleeping strategy, backed by £2 billion of public money, which sets out how we will end rough sleeping for good. I commend the clause to the Committee.

--- Later in debate ---

[The Chair]

With this it will be convenient to discuss clauses 189 to 191 stand part.

[Lee Rowley]

The clause stipulates that any duty or power in the Bill, or provision made under the Bill, to disclose or use information must be in accordance with data protection legislation. This is subject to an exception, which I will come to, that provides for “data protection legislation” to be interpreted in line with the definition in section 3 of the Data Protection Act 2018. This is a standard provision to make it clear that relevant provisions in the Bill are subject to data protection legislation. As was discussed in the debate on the planning data clauses, the Government are clear that nothing in the Bill should jeopardise the proper protection of data.

Hon. Members will note the exception from the clause: they will immediately recall that clause 77, which is part of our digital powers, will enable the open publication of prescribed planning information to anyone for free. Clause 77(2) ensures that planning authorities cannot publish planning data that is otherwise restricted in law, including under the DPA. The exclusion in clause 188 preserves that position. There is therefore no intention to allow our digital powers to operate outside the framework of data protection legislation.

Clause 189 provides that the Bill will bind the Crown, except where it amends legislation that does not bind the Crown. There are two exceptions to that: part 8 does not apply to the Crown in relation to land that is Crown land for the purposes of part 13 of the Town and Country Planning Act 1990; and part 9 does not apply in relation to land belonging to His Majesty in right of his private estates.

Clause 190 is a technical provision that sets out the abbreviations used throughout the Bill in order to ensure that the abbreviations used are clear and consistent. Finally, clause 191 provides a power to make consequential provision, which includes the power to amend primary legislation to ensure that the statute book remains coherent and legally operative as a result of the provisions made in or under the Bill through regulations. It confers no power to make policy changes.

Question put and agreed to.

Clause 188 accordingly ordered to stand part of the Bill.

Clauses 189 to 191 ordered to stand part of the Bill.

Clause 192

Regulations

[Lee Rowley]

I beg to move amendment 77, in clause 192, page 195, line 7, at end insert “(fa) under Part 8;”.

This amendment corrects a drafting omission by applying the negative procedure to regulations under Part 8 (unless they amend primary legislation, in which case the affirmative procedure will apply under the existing drafting of the clause).

The amendment relates to the high streets rental auctions measures in part 8 of the Bill and seeks to correct a drafting omission. Clause 192 prescribes the parliamentary process applicable to the regulation-making powers of the Secretary of State. Under the existing drafting, the affirmative procedure applies to regulations made under clause 176, or where they amend primary legislation, which is the case for regulations made under clauses 152 and 160.

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[The Chair]

With this it will be convenient to discuss clauses 193 and 194 stand part.

[Lee Rowley]

This series of clauses covers a number of technical matters in the Bill. Hon. Members will have noted the number of delegated powers taken by the Bill. Clause 192 deals in particular with the parliamentary procedure to be followed in making certain of those regulations. It also allows those regulations, for example, to deal with incidental or transitional matters arising from them. It is a standard provision found in legislation, and allows us to protect against unintended disruption of the legal position.

The Committee has already debated specific delegated powers in the substantive clauses. My predecessors and colleagues have already committed to consulting on various regulations to be made under powers in the Bill. That will ensure that the public and sector stakeholders are brought into the detailed design of the new policies that the Bill will introduce. The delegated powers memorandum published alongside the Bill sets out the Government’s view on the necessity of the powers, and the approach to scrutiny as a result.

Clause 193 authorises the spending of money for the purposes of this Bill. It is a standard provision included in Bills that incur costs on the public purse. Hon. Members will note that clause 194 sets out the territorial extent of the provisions in the Bill and whether each part of the Bill extends to England and Wales, Scotland and Northern Ireland. The devolution position has been debated in relation to each part during the discussion of that part. As a consequence, I commend the clauses to the Committee.

Question put and agreed to.

Clause 192, as amended, accordingly ordered to stand part of the Bill.

Clauses 193 and 194 ordered to stand part of the Bill.

Clause 195

Commencement and transitional provision

[Lee Rowley]

I beg to move amendment 197, in clause 195, page 197, line 1, after “sections 107” insert

“, (Power to shorten deadline for examination of development consent order applications)”.

This amendment provides that the clause inserted by NC60 will come into force two months after the Bill is given Royal Assent.

[The Chair]

With this it will be convenient to discuss Government new clause 60—Power to shorten deadline for examination of development consent order applications.

[Lee Rowley]

The Government and the country need to ensure that world-class sustainable infrastructure can be consented to, vitally, in a manner that can support our ambitions for economic growth. To achieve that, we must have a robust planning system that is able to accelerate infrastructure delivery and to meet the forecast demands and complexity of projects coming forward in order to attract strong investment in infrastructure. Through these changes, the planning system can continue to lead in its approach to supporting the delivery of nationally significant infrastructure, which incentivises investment and makes it quicker to deliver that infrastructure.

The Government have an ambition in the national infrastructure strategy for some development consent applications entering the system from September next year to go through the process up to 50% faster from the start of pre-application to decision, but to achieve that a national infrastructure planning reform programme was established to refresh how the nationally significant infrastructure project works and to make it more effective and deliver better and faster outcomes. New clause 60, as a consequence, will amend the part of the existing NSIP process that concerns the examination of a development consent order application. Under existing legislation, the relevant Secretary of State can set an extended deadline for the examination of an application for development consent, but there is no corresponding legislative power to enable the same Secretary of State to set a shorter deadline for such an examination.

Our measure will rectify that, providing the means for the Secretary of State to set a shorter examination period for projects that meet quality standards as part of wider NSIP reform and the fast-track consenting route that we plan to put in place, as set out in the energy security strategy. The mechanisms and criteria that could trigger the exercise of that power by the Secretary of State will be set out in supporting guidance and we will commit to consulting on that in due course. I commend these measures to the Committee.

[Matthew Pennycook]

We have serious concerns about the potential implications of Government new clause 60, which, as the Minister has made clear, will provide the Secretary of State with the power to impose a shorter statutory timeframe for the examination stage of some NSIP applications.

In the policy note entitled “Improving performance of the NSIP planning process and supporting local authorities”, which was published in August to accompany the tabling of the Government new clause, the rationale cited for its introduction is specifically the need significantly to reduce the time it takes to gain consent for offshore wind projects in order to realise the commitment set out in the British energy security strategy. That objective is entirely laudable, but while we support efforts to improve the overall performance of the DCO system—a reform, after all, introduced by the last Labour Government to expedite decisions on large-scale infrastructure projects—the Government have not provided any convincing evidence that the length of the DCO examination stage is the reason why project consents can take too long to secure.

As the Minister will know, the DCO system already specifies a fixed timeframe of nine months for the planning inspectorate to make a final decision, with only six of those months being allocated to the examination stage. The Minister might have some convincing evidence that he can share with the Committee to explain why the six-month examination process is the reason why the Government believe that offshore wind projects are taking up to four years to gain consent, but we are not aware of any such evidence that has been published.

Allowing an appropriate time for a DCO examination is important not only because that enables inspectors to gather and analyse all the available evidence and the social and environmental impacts of projects properly to be interrogated, but because it is the part of the statutory process in which communities have a say over developments that are often likely to have a significant impact on their lives. If the Government want to hand themselves the power to curtail the timeframe in which that important part of the DCO process takes place, we feel strongly that they need to bring forward the evidence to justify such a measure, and they have not done so yet.

However, beyond that in-principle concern over reducing the time available for the public to engage with a detailed process, there is a further reason why we are concerned about the possible implications of the Government new clause, which is that its scope is not limited simply to offshore wind projects. Instead, the powers provided to the Secretary of State by the measure will seemingly apply to all DCO applications and any large-scale infrastructure project that meets as-yet-to-be-specified qualifying criteria.

To take a topical example, the powers could be applied to schemes for hydraulically fractured shale gas production, which I know is of deep concern to the new housing Minister and other Government Members. With the Government having abandoned their manifesto commitment by signalling the end of the fracking moratorium and with UK onshore oil and gas already gearing up to convince Ministers to designate fracking projects as nationally significant, the obvious concern about Government new clause 60 is that the Government will use it to facilitate fracking applications with only the most limited opportunity for local communities to have their say on them. That concern is made more acute by the fact that Ministers have so far failed to provide any detail on precisely how it will be determined that local consent for fracking schemes exists.

Given the serious nature of those concerns, I would be grateful if the Minister answered the following questions. First, what evidence do the Government have that the examination phase of the DCO process is unduly holding up consent for offshore wind and other large-scale renewable energy projects? Secondly, given that the new clause allows the Secretary of State to set an unspecified date for a deadline below the current six-month timeframe for DCO examinations, can the Minister give us a sense of how much shorter the Government believe the examination stage should be under the proposed fast-tracked DCO application process? Thirdly, when will the Government tell us what the qualifying criteria will be for large-scale infrastructure projects subject to shorter examination stage timeframes via this route? Lastly, do the Government intend to designate schemes for hydraulically fractured shale gas production as “nationally significant” and bring them within the purview of this new fast-tracked DCO process—yes or no? I look forward to hearing from the Minister and to returning no doubt to this matter as we consider the Bill further.

[Lee Rowley]

I am grateful to the hon. Gentleman for his questions. Again, they are entirely reasonable and I will answer as many of them as I can. We recognise that this is a change to the approach, but it is a change that comes directly from a recognition, which I hope we all share, that where there is a desire to move quicker on important infrastructure for this country that we are able to do that. We have an in-principle ability to extend this process, which has been in place for a number of years, and—although I do not know the history—presumably ever since the Labour party started this process a number of years ago, as the hon. Gentleman indicated. Given that, it is not necessarily conceptually problematic that we have the ability to vary that in the other direction, while accepting the understandable challenge of ensuring that there are appropriate reassurances within the process that mean that it will be used in a reasonable and proportionate manner.

While I understand the hon. Gentleman’s point about the evidence base and working through all the detail and ensuring that it is reasonable and proportionate, we are trying to establish the principle that while there is already an ability to vary this timeline in one direction, we can also vary it in another direction. In that narrow sense of what we are trying to achieve, that is a reasonable thing to do. I will try to answer the hon. Gentleman’s questions as directly as I can. On evidence, I am happy to have a further discussion with him—either verbally or in writing, whatever his preference—going through why the Government think this is reasonable and proportionate. This is all part of a broader attempt to improve this in aggregate, and I hope that the Opposition will accept that pulling multiple levers to try to secure incremental improvements in all parts of the process is a laudable aim to pursue.

On the hon. Gentleman’s specific questions on the length of time the stage should take and the qualifying criteria, that can be dealt with in guidance. I will ensure that the officials have heard his concerns and I hope we can deal with them at the guidance stage. In addition, because we have given a commitment to consult, there will be an opportunity for that. We have an interest in providing that information in the detail that is sought, so that the Government can consider it in appropriate detail as well.

Finally, on fracking, I have strong views on hydraulic shale gas and hydraulic fracturing, which I have put on the record many times in this place, and I will continue to share those views. At the same time, and I hope the hon. Gentleman accepts that there are times and places to debate policies like this one, I am no longer a Minister in the Department for Business, Energy and Industrial Strategy. I am sure that there will be regular opportunities to develop this matter, but my own position is known and understood. On his specific question, hydraulic fracturing is not within the NSIP process. There was a consultation in 2018-19 in which the Government decided not to put it in the NSIP process at the time. Should that change, I would be happy to debate with him at the appropriate moment.

Amendment 197 agreed to.

[Lee Rowley]

I beg to move amendment 198, in clause 195, page 197, line 1, after “sections 107” insert—

“, (Additional powers in relation to non-material changes to development consent orders)”

This amendment provides that the clause in NC61 will come into force two months after the Bill is given Royal Assent.

[The Chair]

With this it will be convenient to discuss Government new clause 61—Additional powers in relation to non-material changes to development consent orders.

--- Later in debate ---

[Lee Rowley]

A key benefit of the NSIP regime in the Planning Act 2008 is that it puts forward statutory timeframes for consideration and determination of applications concerning NSIPs, thereby providing a degree of certainty to developers and others in order to ensure a timely outcome, as we discussed in the previous debate. The outcome of a successful application is the granting of a DCO. Subsequent changes to a scheme after a DCO is granted—regardless of whether they are material or non-material changes—require consent from the relevant Secretary of State. Although there are statutory timeframes in place for the consideration and determination of DCO applications for material change, there are none currently for non-material change.

--- Later in debate ---

[The Chair]

With this it will be convenient to discuss clause 196 stand part.

[Lee Rowley]

This group contains the two final clauses in the Bill. Clause 195 governs the commencement or coming into force of the various provisions. It enables certain provisions to commence immediately on the Bill gaining Royal Assent—for example, some devolution measures, notably clause 42, which allows proposals to establish combined county authorities to be made. That will facilitate proposals coming into effect as rapidly as possible. Other provisions commence two months after Royal Assent—for example, the levelling-up missions in part 1. The remaining provisions will come into effect on a day appointed by regulations. In all cases, clause 195 provides additional powers to make such transitional, transitory or saving provision as appropriate in connection with the coming into force of any provision in the Bill. The final clause, clause 196, contains the short title for the Bill. I commend both clauses to the Committee.

Question put and agreed to.

Clause 195, as amended, accordingly ordered to stand part of the Bill.

Clause 196 ordered to stand part of the Bill.

New Clause 60

Power to shorten deadline for examination of development consent order applications

“(1) Section 98 of the Planning Act 2008 (timetable for examining, and reporting on, application for development consent order) is amended as follows.

(2) After subsection (4) insert—

‘(4A) The Secretary of State may set a date for a deadline under subsection (1) that is earlier than the date for the time being set.’

(3) In subsection (6), after ‘subsection (4)’ insert ‘or (4A)’.”—(Lee Rowley.)

This new clause allows the Secretary of State to set a shorter deadline for the examination of applications for development consent orders and makes related provision. The new clause will be inserted after clause 110.

Brought up, read the First and Second time, and added to the Bill.

New Clause 61

Additional powers in relation to non-material changes to development consent orders

“In paragraph 2 of Schedule 6 to the Planning Act 2008 (non-material changes), after sub-paragraph (1) insert—

‘(1A) The Secretary of State may by regulations make provision about—

(a) the decision-making process in relation to the exercise of the power conferred by sub-paragraph (1);

(b) the making of the decision as to whether to exercise that power;

(c) the effect of a decision to exercise that power.

This is subject to sub-paragraph (2).

(1B) The power to make regulations under sub-paragraph (1A) includes power to allow a person to exercise a discretion.’”—(Lee Rowley.)

This new clause gives the Secretary of State the power to make provision about the decision-making process for non-material changes to development consent orders (for example, by setting time limits for making decisions). The new clause will be inserted after clause 110.

Brought up, read the First and Second time, and added to the Bill.

New Clause 62

Prospects of planning permission for alternative development

“(1) The Land Compensation Act 1961 is amended as follows.

(2) In section 14 (taking account of actual or prospective planning permission in valuing land)—

(a) in subsection (2), for paragraph (b) substitute—

‘(b) of the prospect of planning permission being granted on or after that date for development, whether on the relevant land or other land, other than development for which planning permission is in force at the relevant valuation date.’;

(b) for subsections (3) and (4) substitute—

‘(2A) If a description of development is certified under section 17 as appropriate alternative development in relation to the relevant land (or any part of it), it is to be taken as certain for the purposes of subsection (2)(b) that—

(a) planning permission for development of that description would be (or would have been) granted on the relevant valuation date, and

(b) the permission would be (or would have been) granted in accordance with any indication given under section 17(5B).

(2B) In relation to any other development, the prospects of planning permission are to be assessed for the purposes of subsection (2)(b)—

(a) on the assumptions set out in subsection (5), and

(b) otherwise, in the circumstances known to the market at the relevant valuation date.’;

(c) in subsection (5), in the words before paragraph (a), for ‘subsections (2)(b) and (4)(b)’ substitute ‘subsection (2B)(a) (and in section 17(1B)(a))’;

(d) in subsection (9), in the words before paragraph (a), for the words from ‘to’ to ‘15(1)(b)’ substitute ‘in subsection (2) to planning permission that is in force’.

(3) In section 17 (certification of appropriate alternative development)—

(a) in subsection (1), for the words from ‘containing’ to the end substitute ‘stating that a certain description of development is appropriate alternative development in relation to the acquisition’;

(b) after subsection (1) insert—

‘(1A) Development is “appropriate alternative development” for this purpose if it is development—

(a) on the land in which the interest referred to in subsection (1) subsists (whether alone or together with other land),

(b) for which planning permission is not in force at the relevant planning date, and

(c) in respect of which the following test is met.

(1B) The test is whether, had an application for planning permission for the development been determined on the relevant planning date, the local planning authority would have been more likely than not to grant the permission—

(a) on the assumptions set out in section 14(5),

(b) on the assumption that it would act lawfully, and

(c) otherwise, in the circumstances known to the market at the relevant planning date.

(1C) For the purposes of subsections (1A) and (1B), the “relevant planning date” is—

(a) the relevant valuation date, or

(b) if earlier, the date on which the application under this section is determined.’;

(c) in subsection (3), for paragraphs (a) and (b) substitute—

‘(ba) must set out the applicant’s reasons for considering that the description of development given in the application is appropriate alternative development, and’;

(d) for subsections (5) to (8) substitute—

‘(5A) The local planning authority may issue a certificate under this section in respect of—

(a) the description of development given in the application for the certificate, or

(b) a description of development less extensive than, but otherwise falling within, the description given in the application.

(5B) A certificate under this section must give a general indication of—

(a) any conditions to which planning permission for the development would have been subject, and

(b) any pre-condition for granting the permission (for example, entry into an obligation) that would have had to be met.

(5C) The test to be applied for the purposes of subsection (5B) is whether the local planning authority would have been more likely than not to impose such conditions, or insist on such a pre-condition, on the assumptions, and otherwise in the circumstances, referred to in subsection (1B).’

(e) in subsection (10)—

(i) for ‘there must be taken into account any expenses reasonably’ substitute ‘no account is to be taken of any expenses’;

(ii) omit the words from ‘where’ to ‘favour’.

(4) In section 18 (appeals to Upper Tribunal)—

(a) in subsection (2)—

(i) after paragraph (a) (but before the ‘and’ at the end) insert—

‘(aa) must consider those matters as if, in subsections (1B) and (5C), the references to the local planning authority were references to a reasonable planning authority,’

(ii) in paragraph (b), after sub-paragraph (ii) insert—

‘(iia) cancel it, or’;

(b) after subsection (2) insert—

‘(2A) Where the local planning authority have rejected an application for a certificate under section 17, the person who applied for the certificate may appeal to the Upper Tribunal against the rejection.

(2B) On an appeal under subsection (2A)—

(a) paragraphs (a) and (aa) of subsection (2) apply as on an appeal under subsection (1), and,

(b) the Upper Tribunal must—

(i) confirm the rejection, or

(ii) issue a certificate,

as the Upper Tribunal may consider appropriate.’;

(c) in subsection (3), for the words from ‘the preceding’ to the end substitute ‘subsection (2A) applies as if the local planning authority have rejected the application’;

(d) after subsection (3) insert—

‘(4) The references in sections 14(2A) and 17(5A) and (5B) to a certificate under section 17 include a certificate issued, or as varied, by the Upper Tribunal under this section.’

(5) In section 19 (applications by surveyors)—

(a) in subsection (3), for ‘paragraphs (a) and (b)’ substitute ‘paragraph (ba)’;

(b) after that subsection insert—

‘(4) In the application of section 18 by virtue of subsection (1)—

(a) subsection (1)(a) of that section is to be read as if it included the surveyor, and

(b) subsection (2A) of that section is to be read as if the reference to the person who applied for the certificate included the person entitled to the interest.’

(6) In section 20(a) (power to prescribe time limit for issuing certificate under section 17), for the words from ‘time’ to the end substitute ‘period within which an application under that section is to be determined’.

(7) In section 22 (interpretation of Part 3), after subsection (2) insert—

‘(2A) The completion of the acquisition or purchase referred to in the applicable paragraph of subsection (2) does not affect the continued application of that subsection.’”—(Lee Rowley.)

This new clause (to be inserted after clause 149) changes how prospects of planning permission are taken into account when assessing land value for purposes of compulsory purchase compensation. Planning permission will be taken for granted only if the planning authority certifies that it would have granted it, and such certificates will be reduced in scope.

Brought up, read the First and Second time, and added to the Bill.

New Clause 1

Independent body to monitor levelling up missions

“(1) The Secretary of State must assign an independent body to assess the Government’s progress on levelling-up missions and make recommendations for improvements to delivery of them.

(2) The body must prepare parallel independent reports for each period to which a report under section 2 applies.

(3) Each parallel independent report must—

(a) assess the progress that has been made in the relevant period in delivering each of the levelling-up missions in the current statement levelling-up missions, as it has effect at the end of the period, and

(b) make recommendations for what the Government should do to deliver each levelling-up mission in the following period.

(4) The Secretary of State must lay each report under this section before Parliament on the same day as the report under section 2 which applies to the relevant period.”—(Alex Norris.)

This new clause would require the Secretary of State to establish an independent body that can provide reports on the Government’s progress on levelling-up missions and outline recommendations for their future delivery.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

Unfinished Housing Developments: Consumer Protection

Lee Rowley Excerpts

Tuesday 18th October 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

I congratulate the hon. Member for North Shropshire (Helen Morgan) on securing the debate, on making her case so cogently and, in particular, on talking about the constituents on whose individual circumstances, as she outlined, this issue has had such an impact.

I thank the hon. Member for Strangford (Jim Shannon) for his contribution, as ever, to an Adjournment debate, and for highlighting the elements of the Northern Ireland approach, which is something for us all to consider. I also thank the right hon. Member for Warley (John Spellar) for the information that he provided. He has written to the Department as well; I am looking at that correspondence and will get back to him as soon as I am able to do so.

As has been clear tonight, the hon. Lady speaks for many Members on both sides of the House in arguing for better protection for people in unfinished housing developments. I cannot comment on individual cases because I do not have all the details in front of me, and obviously there are two sides to every story and different circumstances in each case. However, I would say to people who have been adversely affected by inappropriate practices, whether in North Shropshire or elsewhere, that that is not acceptable; I am sorry they have had that experience, and I hope they can seek redress and correction in any way that is available to them.

I think everyone in the House would agree that we need more homes, but we need them in the right places and we need them when they are constructed. That is often a controversial and difficult process, but when they are constructed, we need them to be of a standard that enables people to live in them. They have to work, and they have to work within the local community that those people are seeking to join. The debate is timely in enabling us to highlight the latter point, because in a minority of instances that might not be the case.

For too many people, at least initially, the dream of home ownership does not live up to their hopes, because they are forced into resolving faults in their new build homes that are not of their making. The delays in getting those issues resolved often leave homeowners out of pocket, in financial stress or, as the hon. Lady suggested, having to engage in lengthy battles with developers to put things right—if the developer concerned is still in place. As a constituency MP, I have had some experience of that in North East Derbyshire, albeit with a developer who did in the end put things right—but it took a while for that to be done, which caused many residents in a number of villages, but one in particular, a significant amount of stress. So on a personal level, from a constituency perspective, I understand the point that the hon. Lady has made.

The Government are unequivocal in stating that all new housing developments should be finished on time and to a standard that buyers expect. If things go wrong, as they sometimes do—we all know that processes are not perfect; the developer sometimes has problems and challenges and we should be reasonable in expecting that—the buyer should be treated fairly and promptly. I would like to say a little bit about the action we are taking to make sure that this is the norm in all new housing developments, wherever they are in the country. This breaks roughly into three different elements. The first is the length of time that it can often take for houses to be developed in the first place. The second involves the infrastructure commitments that the hon. Lady has highlighted, and the third relates to the quality of work in the developments when they are concluded and people begin to live in them. There are often concerns about the quality at that point.

[Jim Shannon]

I thank the Minister for his helpful response, and again I want to use it to be constructive. Back home there are many developers who sign up to the Master Builders Association agreement. As members of that organisation, they are accountable for the finish of the houses. If at the end the houses are not finished to the standard they should be, the owner has the right to take a complaint to the Master Builders Association, which will ensure that the work is completed to standard. I ask in a constructive way: is that something that could be done here?

[Lee Rowley]

The hon. Gentleman makes an important point, and I would be interested in hearing more. He will appreciate that I am seven weeks into post and I am still learning, but I would be genuinely interested in understanding the Northern Irish approach, given the information that he has highlighted this evening. Where there are things that are done well, we should be willing as a Government to look at those to see where we can take best practice and apply it on a broader level. I want to understand in more detail what is happening in Northern Ireland, and I will be happy to do that separately with him and his colleagues, if that would be helpful. I would be keen to understand the particular difference that he thinks comes from the Northern Irish approach, and I am always happy to find out more about particular instances and whether they would work on a broader scale, should that be helpful.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

Could I perhaps look at the issue the other way round? As in Northern Ireland, housing and planning are entirely devolved to the Scottish Parliament, yet as a Member of this place, I get stuff about housing all the time. Looking at it the other way around, as and when His Majesty’s Government develop clever ways of doing things with housing, taking on board the points made by my hon. Friend the Member for North Shropshire, I would be grateful if those new methods could at least be offered to the Scottish Government in case they could glean something that might improve the housing issues north of the border.

[Lee Rowley]

The United Kingdom Government are always keen to indicate to the Scottish Parliament and the Scottish Government where we might be able to work together and where we think that elements of policy might work for Scotland as well as they work elsewhere in the Union. Occasionally, the Scottish Government are not that keen to listen to His Majesty’s Government, but perhaps, given the hopeful outbreak of consensus on the desire to make progress, that will not occur on this particular subject. I am happy to consider the point that the hon. Gentleman rightly and properly makes.

[John Spellar]

I think we need to look at two separate, although related, problems. One is about the individual build quality of the houses. The other is about the infrastructure of the estate, which is certainly a problem that I and neighbouring Members of Parliament in the west midlands conurbation are finding. We have to find a way through that. In addition, if a developer goes bankrupt, the titles revert to the Crown Estate, so does not the Crown Estate have an opportunity to play a proactive role here? At the moment it seems to be playing a fairly passive role.

[Lee Rowley]

I will come to those two points, because I agree there are different elements that we need to consider and unpack. I would be happy to discuss the second point with the right hon. Gentleman in more detail, should he wish.

On completing new housing developments—I accept the hon. Member for North Shropshire made a broader point about further down the chain—the Government are clear that developments should be built out as soon as possible once planning permission is granted. The frustration of local communities where that does not occur is completely understandable. We expect developers and local authorities to work closely together to make this happen.

The Levelling-up and Regeneration Bill, which is in Committee today, will increase transparency on build-out, helping councils and residents to better understand what they can expect from development proposals and putting in place sanctions should the homebuilder fall short. Of course, there are examples where developers will need to vary their approach to building and constructing properties, and of course timeframes will both elongate and reduce as part of that process, but in general we are keen to see that when development is granted permission, often through difficult and sometimes controversial processes, and the clock starts ticking, the development should get moving and conclude as soon as possible.

The hon. Member for North Shropshire rightly highlighted infrastructure. Taking roads as an example—she mentioned a number of examples—when a new development is granted planning permission, councils can currently use section 106 planning obligations, as she indicated, to secure a commitment from developers to construct roads to a standard capable of being adopted by the local highway authority. It is up to developers and local planning authorities to agree on specifics such as timescales and funding, which may include the provision of a bond. This is currently a local decision and, notwithstanding the difficulty she rightly highlighted—she made a constructive suggestion on potential compulsion in this area—there are going to be different circumstances in different instances.

I encourage councils to use bonds where they think it is appropriate. Equally, I do not know whether we want to be so prescriptive as to mandate that from the centre, as there may be instances where it is neither appropriate nor necessary. Hundreds of thousands of houses are built each year in very different parts of the country, so we have to have regard to the fact there are different circumstances. None the less, I accept the premise of what the hon. Lady indicates and, where good practice exists—she indicated the good practice in Oxfordshire, and it also happens in Derbyshire—I encourage councils to use it, where appropriate and reasonable.

[Helen Morgan]

If compulsion is not appropriate, what about disseminating best practice to all councils in England to encourage them to use this mechanism, where appropriate, to avoid the situation that my hon. Friend the Member for Caithness, Sutherland and Easter Ross (Jamie Stone) and I have described? That would be a positive way forward to prevent this happening in future.

[Lee Rowley]

Within the bounds of localism, and without an individual Minister directing councils to do so, I think it is reasonable to indicate that, where possible, reasonable and proportionate, and where councils think it is appropriate, they should consider using bonds, which are a helpful lever and tool to be used where possible, while accepting that individual local authorities may have different reasons and different views on either using them or not using them. Ultimately, I will leave it to the discretion of individual local authorities to determine the appropriateness of that utility.

Returning to the point about roads, the Government believe it should be made clear to potential purchasers what the arrangements are for the maintenance of roads. Section 38 agreements facilitate the adoption of such roads as highways maintained by the public purse. It is certainly possible for local authorities to adopt streets and roads. Ultimately, though, that is a decision that is taken in relation to how these estates are created and how local authorities want to approach ensuring that they have highways that are at a standard that they can then maintain.

Although I recognise, as has been indicated, that this does not work in a number of instances, if we can balance the appropriateness of localism—of making sure that local areas have the ability to vary how they approach this—while also ensuring that there is a general usage of the tools that are available, I hope that will be reasonable and proportionate.

The other element of the discussion is effectively around the quality of what is delivered at the end of the process when people move in—or by the time they move in. The Department for Levelling Up, Housing and Communities has also provided local planning authorities with tools to enforce requirements with strong penalties for non-compliance. Again, we encourage councils to use them where possible, and, again, through the Levelling Up and Regeneration Bill we are seeking to strengthen those measures.

I should add that when residents have a complaint about the local planning and highways authority that has not been adequately resolved, they may be able to complain to the Local Government and Social Care Ombudsman. I know that, in at least one incident, as the hon. Lady said, the residents of North Shropshire tried to do that. Obviously, the ombudsman is independent, but it is worth reiterating that it is there to redress issues, and I hope that anybody watching this debate who has a similar concern will consider its usage should that be appropriate.

On the matter of delays to completion, warranties and the actual quality of new homes themselves, I know of the problems that new home buyers face regularly and we do not underestimate the detrimental impact that this has. Most new-build home contracts typically have a “short-stop” date, which is an estimated completion date, and a “long-stop” date, which is the date by which a home must be completed in the contract. The rights and responsibilities of the homebuyer and developer should be set out in that contract, including the circumstances in which a deposit and other money is returned.

There are other routes to redress, which we are strengthening, and I will come to those in a moment, because they offer alternatives that the hon. Lady may wish to consider. The status quo currently is that most new-build homes are issued with a 10-year new-build warranty. Home buyers may also be able to complain to the Financial Ombudsman Service about their insurance cover.

Within the first two years of most warranties home buyers may be able to seek to resolve issues with their new homes through that warranty provider. If the new home is covered by one of the consumer codes, they may also be able to help resolve the issues that residents unfortunately face.

Even with those options available to home buyers, we recognise that the system is not in a perfect place. That is why the Government have committed to taking further steps to improve consumer redress. Through the Building Safety Act 2022, we have included a provision that contains a statutory new homes ombudsman scheme, which will place greater accountability on developers and make it easier and simpler for new home buyers to seek redress when things go wrong, which perhaps will move us closer to the Northern Ireland model in terms of outcomes.

In the meantime, and as we consider the next steps for the statutory scheme, the independent New Homes Quality Board has progressed work to set up the voluntary New Homes Ombudsman Service, which will launch shortly. My second visit was to see the launch of a New Homes Quality Board and to see the first developers to be brought onto that scheme. I went to Solihull a couple of weeks ago, and I am grateful to the chief executive for meeting me. It is an important step forward. The scheme is voluntary at the moment, but, equally, that voluntarism gives the opportunity for home buyers to see the different ways in which developers are engaging with that system, and I hope that most developers will in the end engage with that system.

The hon. Lady talked about leasehold at the end of her speech and I just want to dwell on that for a few seconds. We acknowledge that there are practices that are not where they need to be within the leasehold sector, and the Government and previous Ministers have given commitments that we will reform leasehold. We remain of the view that that is what should be done. Although I cannot give the hon. Lady the date she seeks, I am personally committed to trying to take the matter forward and I hope I will be able, with my colleagues, to give further information in fairly short order on the process for that.

In conclusion, this is an important area of policy, and I am grateful to the hon. Lady and all those who have contributed to the debate tonight for the opportunity to talk about it. It is important to note that there are processes already in place that homeowners should use if they are in the unfortunate place described by some people in North Shropshire, which I know is also the case elsewhere. They should seek to use those and seek to—

Oral Answers to Questions

Lee Rowley Excerpts

Monday 17th October 2022 Commons Chamber

[Christine Jardine (Edinburgh West) (LD)]

5. What assessment he has made of the potential impact of the Government’s levelling-up agenda on the supply of affordable housing.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

As the exchanges of the past few minutes have highlighted, the Government remain absolutely committed to the levelling-up agenda to improve opportunities for communities, including the one I have the privilege of representing. As part of that, a substantial taxpayer subsidy rightly continues to be allocated across the country to building affordable housing.

[Christine Jardine]

Will the Minister accept that the chaos we have seen in the economy, created by this Government, over the past couple of weeks has had an impact on the affordability of housing for everyone? It has put up interest rates on mortgages and put up rents in the private rented sector. In constituencies such as mine valuable projects such as North Edinburgh Arts will include affordable rented housing. So when will this Government recognise that this needs to be done quickly and we need to get the next round out and the money distributed to communities that need it?

[Lee Rowley]

As the hon. Lady will appreciate, we are in a period of economic challenge across the world and interest rates have been rising for some time. On her question about affordable rents and affordable housing, she will know that housing is largely devolved, but the UK Government have brought forward hundreds of thousands of new affordable properties in recent years and will continue to do so in the years ahead.

[Mr Philip Hollobone (Kettering) (Con)]

6. What proportion of eligible households have received the £150 council tax energy rebate in (a) north Northamptonshire and (b) England.

--- Later in debate ---

[Ruth Edwards (Rushcliffe) (Con)]

22. What assessment he has made with Cabinet colleagues of the potential impact of investment zones on the environment.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

Investment zones seek to empower communities to deliver planning and outcomes that are right for the local area, while maintaining strong environmental outcomes and keeping national green belt policies in place. They are about working with local areas, and we look forward to receiving applications from Wales in due course.

[Craig Williams]

I welcome the commitment from the Dispatch Box to get investment zones established in Wales with the Welsh Government. The Montgomeryshire Wildlife Trust and the Royal Society for the Protection of Birds, with which I am working closely, are seeking reassurances from those on the Front Bench about all the environmental protections we have on the statute books. We welcome investment zones and we want them in Montgomeryshire, but those strong protections are important to us. Will the Minister again confirm those protections?

[Lee Rowley]

We are absolutely committed to strong environmental outcomes, as I am happy to repeat and as my right hon. Friend the Secretary of State has already said. We look forward to applications from Montgomeryshire.

[Ruth Edwards]

I draw the attention of the House to my entry in the Register of Members’ Financial Interests.

For strong, sustained growth it is vital that we protect, enhance and invest in our natural capital. Can the Minister give me an absolute promise that none of the proposed reforms to the planning system, including in the investment zones, will row back on the Government’s 10% biodiversity net gain requirement, as enshrined in our landmark Environment Act 2021?

[Lee Rowley]

As my hon. Friend knows, that biodiversity net gain does not come in for some time yet. It could be that, depending on the applications received for investment zones, the planning permissions will have gone through, or be in the process of going through, under the existing planning process. However, as my right hon. Friend the Secretary of State and I have repeated at the Dispatch Box, and as is clear within the expression of interest guidance on investment zones, we are committed to strong environmental outcomes in those areas and across the planning system.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

I thank my hon. Friend for his question about investment zones. As we have said, strong environmental outcomes will be absolutely at the core of investment zones, and we welcome applications from his area and from everywhere else in the United Kingdom.

[Mr Toby Perkins (Chesterfield) (Lab)]

Many families hosted a Ukrainian family nearly six months ago. Those arrangements are coming to an end, and there is a real danger that we are going to see a large number of Ukrainian families homeless this winter. The Government need to do far more than the response of the right hon. Member for Pendle (Andrew Stephenson) to a previous question. Can Ministers tell us what their strategic approach is to prevent us from having Ukrainian families on our streets this Christmas?

New Developments on Green-belt Land

Lee Rowley Excerpts

Wednesday 12th October 2022 Westminster Hall

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

Thank you, Sir Gary. It is a pleasure to serve under your chairmanship. I am grateful to all colleagues for attending today, and I thank and congratulate the hon. Member for Coventry North West (Taiwo Owatemi) on securing this debate. In this my first debate as housing and planning Minister, it is good to get into the important issues that hon. Members have raised. I am sure that they will be brought back regularly throughout my time in post.

A significant number of different issues, both specific and broad, has been raised about the green belt. I will try to answer and address as many of them as I can in the time available. There are two things that mean that I will be unable to answer some questions or to directly address some specific points. First, as hon. Members are aware, due to the quasi-judicial nature of the planning system I am unable to comment on large aspects of individual local plans and specific planning applications, given that they could be called in and dealt with at ministerial level. I apologise to hon. Members for being unable to do so, but I hope they will understand the rationale behind it. Secondly, as a number of hon. Members have indicated, there is a set of questions that are open at this time, and that is because we have a new Government—a new Administration, Prime Minister and Secretary of State. We hope and aim to close and clarify many of those questions as soon as possible, but I hope hon. Members will understand that I am not able to do so in this debate.

With those points in mind, and before turning to the individual comments of hon. Members, I will restate the Government’s clear position that the green belt is a hugely important part of our planning system. For many decades, this much loved and historical feature has protected our landscape. The national planning policy framework makes clear that the green belt has a specific purpose, that it should be released only in exceptional circumstances, as has been clear for a number of years, and that, where possible, local authorities should take into account other ways in which development can take place before looking at green belt, including a requirement to consider brownfield development.

[Margaret Greenwood]

I refer back to the countryside charity CPRE’s research. It examined a 10-year period of the release of green-belt land and found that about 41% of applications to build on the green belt had gone through. Does the Minister believe that the protections are sufficient and strong? The research suggests that that is not the case.

[Lee Rowley]

That is a very important point. I will come to it, but it is important to highlight that the amount of green belt in this country has increased in recent years. The overall amount has gone up substantially. That is due in large part to the introduction of a green belt in the north of England, but it is also the case—we should always stand back and consider this—that, in terms of pure hectarage, the amount of green belt has increased. The hon. Lady makes a very important point, and ultimately we have a decision to make on green belt.

The hon. Member for Greenwich and Woolwich (Matthew Pennycook) on the Opposition Front Bench made the important point that some parts of the green belt do not have the same aesthetic quality as others. Moreover—this has been in the NPPF for a substantial amount of time—there will be exceptions. In certain instances, buildings will need to be built for farms and for forestry, and consideration will have to be given to elements that most hon. Members and people out there will accept are reasonable. My point is that there has to be flexibility. The NPPF provides flexibility while making significant statements about the importance of the green belt, which is absolutely vital.

[Mr Robertson]

Will the Minister give way?

[Lee Rowley]

I will conclude my point, if I may. If the process for at least some scenarios needs to be flexible, as is the case here, we need to consider who is best placed to determine that flexibility. In my view, that decision has to be made locally because, in those very small instances, it is the localities and the local councils that will be able to make the best decision about what should or should not happen with this designation of land. That is within the wider context that, ultimately, the green belt should be released only in exceptional circumstances where there is a clear and compelling case to do so and when other things such as brownfield have been considered first.

[Mr Robertson]

I am grateful to the Minister for giving way. In my constituency, 10,000 houses are being built on green-belt land. That does not seem to me to be an exceptional circumstance. It seems like riding roughshod over the green-belt policy.

[Lee Rowley]

As I have indicated, I cannot talk about individual cases, but I understand his point and the strength of feeling that he shares with other colleagues about the issue of appropriateness.

The hon. Member for Coventry North West made a substantial number of important points. Again, I congratulate her on securing the debate. I am not sure I agree with some of her slightly more partisan elements, but I will disregard them in the spirit in which this debate has largely been pursued. The reality is that everything in planning is a challenge. There is a balance to be struck and a set of trade-offs. There are no easy answers. We all share the same desire. I have a substantial proportion of green belt in my constituency, which I want to enhance to protect our natural environment. I want it protected so that everybody can enjoy it in future, as the hon. Member for City of Chester (Christian Matheson) indicated in his remarks.

We also want to ensure that people can get on the housing ladder—a point that was highlighted by the hon. Member for Coventry North West. The proportion of home ownership is not as high as it used to be, although it is starting to rise again. We have to balance these things, and that requires a nuanced and mature debate, which we have largely had today, with a recognition that there has to be flexibility in the system, as well as the great protection that is necessary.

[Matthew Pennycook]

Will the Minister give way?

[Lee Rowley]

I really must make progress.

The hon. Member for Coventry North West talked about a failure to address issues in planning. I accept that there are always challenges in planning, but I wish to put on the record the importance of the 2 million new houses that have been built over the last 12 years—2 million families have had the opportunity to realise their dream of home ownership. Some 600,000 of those are affordable homes, and 242,000 were built in 2019 alone. Billions of pounds, whatever our views on whether that is sufficient, will have come forward in infrastructure to support communities.

The hon. Member for Coventry North West also highlighted the challenges in how the system works. I absolutely accept that there are challenges in how the system works, but ultimately this is a process where local authorities—I will not mention specific councils—have the power to bring forward a plan at the time that they wish. They should understand the context in which local plans are brought forward. They have the ability to both include and exclude locations, and they can set the overall framework in which development happens in a local area.

There is then clarity that allows developers, communities, individuals and those who are affected to understand what will and will not happen. Some authorities do that well. Some of those that perhaps do it less well could learn. I am unable to comment on Coventry specifically, but I hope the hon. Lady and her colleagues from the city will reflect on that.

[Matthew Pennycook]

Will the Minister give way?

[Lee Rowley]

I need to make progress—I have only a few minutes. My right hon. Friend the Member for South Staffordshire (Sir Gavin Williamson) talked about the duty to co-operate, and I hope we will be able to make further announcements on that in due course. I am happy to discuss it with him separately if that helps, given his interest in it.

Colleagues from various constituencies, including the hon. Member for Reading East (Matt Rodda) and my hon. Friend the Member for Eastbourne (Caroline Ansell), talked about brownfield land. I absolutely accept the huge importance of developing on brownfield land. As I highlighted, the national planning policy framework indicates the importance of that. A substantial amount of taxpayer subsidy has already been brought forward for brownfield land. There was only one announcement, back in July. I hope that, if hon. Members’ local authorities had the opportunity to bid into that brownfield land fund between July and August this year, they did so. Should it be appropriate, it is important that local authorities take opportunities to bid to build on brownfield land, and that they think through what they can do locally to bring forward additional brownfield land.

The hon. Member for York Central (Rachael Maskell) talked about investment zones. I place on the record that the expression of interest guidance for investment zones is clear on the environment: mitigation would be required of any environmental impacts of proposed investment zones. If local authorities that apply do not concur with that, their application would be failed. That is publicly available in the guidance on expressions of interest.

My right hon. Friend the Member for East Hampshire (Damian Hinds) made strong points about the importance of a diversity of approaches to ensure that we support housing need in local areas. I am happy to talk to him more about the land constraint point that he highlighted.

The hon. Member for City of Chester talked about the importance of green belt, which I have already talked about. I wholeheartedly concur with him on that point. He also highlighted water and storage facilities. Paragraph 160 of the NPPF covers that, but if there is a specific point he thinks I should be made aware of, I would be happy to talk to him separately.

My hon. Friends the Members for Eastbourne and for Lewes (Maria Caulfield) talked about specific applications. I am afraid that I am unable to talk about those, but my hon. Friends have noted them. I completely agree with my hon. Friend the Member for Lewes about the importance of neighbourhood plans and the involvement of local areas in them. I am grateful to my hon. Friend the Member for Rugby (Mark Pawsey) for raising the issue about his locality. Within the bounds of appropriateness, I am happy to receive further representations on that and to talk about it. I am also grateful to the hon. Member for Reading East for highlighting the brownfield element.

In the 30 seconds that remain, I again thank all colleagues for their comments. It has been a useful and helpful debate, and I look forward to further discussions. If there were simple answers on this issue, I am not sure that we would be here today. If there were easy ways to resolve the very difficult trade-offs, I am sure that my many predecessors would have done so years ago, as I have been told on a number of occasions. However, it is good to talk and to understand the concerns in local areas. I am grateful both to the hon. Member for Coventry North West for securing the debate and to everybody for their contributions to it.