Southern Rail: Disabled Passengers
Lord Ahmad of Wimbledon Excerpts(7 years, 9 months ago)
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Baroness Smith of Basildon
To ask Her Majesty’s Government what discussions they have had with Southern Rail regarding disabled passengers, in the light of the company’s plans to change the role of conductors.
The Parliamentary Under-Secretary of State, Department for Transport (Lord Ahmad of Wimbledon) (Con)
My Lords, each train operator is required to participate in the passenger assist system, run by the Association of Train Operating Companies, which allows disabled passengers to book staff assistance when required, and in a disabled persons’ protection policy, enforced by the Office of Rail and Road, setting out the level of services and facilities that disabled passengers can expect, how to get staff assistance and how to get help. This will not change.
Baroness Smith of Basildon (Lab)
My Lords, the Minister will be aware of the shocking daily chaos that is Southern Rail. Passengers are at breaking point, and there is no support from the company or the Government, but all those cuts, cancellations and overcrowding problems are compounded for those with disabilities, for whom railway travel is becoming more difficult and, for some, inaccessible. Could the Minister confirm reports of a wheelchair user being told recently that their wheelchair was too heavy for the bus replacement service and that on the new driver-operated trains disabled passengers would have to phone the station at least 24 hours in advance? Is it really the Government’s view that a driver viewing 12 carriage doors on a screen the size of an iPad can guarantee the safety of all passengers?
Lord Ahmad of Wimbledon
First, if the noble Baroness provides me with the details of the wheelchair issue in the case that she raised specifically, I shall follow that up and come back with a direct answer. On some of the other issues that she raised, she is of course quite right—and I agree, as I have previously from the Dispatch Box—that the situation with Southern is unacceptable. I assure noble Lords that the new Secretary of State has made this issue and its resolution a priority. Indeed, the new Rail Minister is in front of the Transport Select Committee today, so there is a real baptism by fire for my colleague. It is a priority for the Secretary of State and the Rail Minister; the issue needs resolution.
On the issue of driver-only operated trains, as the noble Baroness is aware, it is not about making conductors redundant. It is about making them into train supervisors; they will continue to have a role in working with the driver of these trains, ensuring primarily the safety of all passengers.
Lord Snape (Lab)
Will the Minister bear in mind that the removal of safety responsibilities from the conductor makes it ever more likely that trains will be dispatched in the absence of the conductor on a driver-only basis? After the point that my noble friend Lady Smith made, could the Minister imagine the situation in which a train driven in such circumstances, perfectly legally as it so happens, stops at a de-manned station where somebody with a disability wishes to board or alight? There is no provision for any assistance in such circumstances.
There is one other point that the Minister should bear in mind about driver-only operations and trains stopping at de-manned stations without a supervisor on board. It is extremely uncomfortable for passengers travelling alone at night in such circumstances, particularly for women. There is surely enough evidence for the Government to intervene to ensure that our trains and our stations are properly staffed.
Lord Ahmad of Wimbledon
As I have already said, on the particular issue with Southern, driver-only operated trains will have supervisors. On disabled passengers, I fully recognise the issues and genuine concerns that have been raised. As noble Lords will be aware, for longer journeys or long-term planned journeys, disabled passengers can ring 24 hours in advance of their journey, but I fully accept that disabled passengers, like any of us, wish to turn up at a particular station at a particular time, board the train and then disembark from the train. The concerns the noble Lord has raised are part of the discussions we will continue to have. Let me assure noble Lords that I have put in place a proposal which I will be discussing with all noble Lords who have represented their concern, and the concerns of people they speak to or represent, that this issue cannot go on too long and that it is important for the Government to communicate regularly with your Lordships’ House on this important issue.
Baroness Gardner of Parkes (Con)
My Lords, is the Minister aware that London buses used to have their ramps broken by electric buggies that were far too heavy for them? At that time, there was a great campaign to ensure that buggy manufacturers would make them at a weight that could be tolerated by the buses. Does he know whether anything similar is issued by the railways to make clear the tolerance limits?
Lord Ahmad of Wimbledon
My noble friend makes an important point. London is a very good example of how industry providers, suppliers and operators have worked together. On the rail industry, there are good examples, which need to be replicated across the whole network.
Baroness Brinton (LD)
My Lords, there is a real problem for disabled Southern passengers at the moment with the overcrowding, not least for those in wheelchairs who are unable to get on to trains and for ambulant passengers who may need access to the priority seats but cannot get there. What are the Government doing to ensure that Southern is making sure that all passengers are aware that passengers with disabilities may need particular help on overcrowded trains?
Lord Ahmad of Wimbledon
I agree with the noble Baroness. Southern needs to improve its communications and consultations and is not doing enough in that regard. If there are specific issues and cases, I am happy to take them up directly in the discussions my honourable friend is having. There is a wider issue. The company running the franchise needs to look at the services it is providing not just for disabled passengers. The noble Baroness, Lady Smith, brought to my attention the appalling situation which arose in Brighton yesterday. Frankly, no Government or no train operator wishes to see it. We have to get on and try to fix it, and that is the intention. I hope that the franchise company and the unions can come together and resolve the issue which is impacting the service.
Baroness Corston (Lab)
My Lords, would the Minister be surprised to know that, with regard to Southern, the Department for Transport director Pete Wilkinson at a recent public meeting, talking about trade union members on Southern, said:
“We have got to break them. They have all borrowed money to buy cars and got credit cards. They can’t afford to spend too long on strike and I will push them into that place”?
He went on to say that he wanted to drive trade unions “out of my industry”.
Lord Ahmad of Wimbledon
That may well be the view of that official. I do not know. I shall certainly look into that quote. Let me assure the House that the resolution of this problem requires everyone, all stakeholders—the company, the Government and the unions—to come together to resolve this issue. This has gone on for far too long. Such statements do not help in providing a solution to this long-running problem.
Lord Swinfen (Con)
My Lords, conductors normally get out of the train to make certain it is safe to close the doors before the train goes on. Will drivers be getting out of the train to perform that task?
Lord Ahmad of Wimbledon
I repeat to my noble friend what I have already said: the new driver-only operated trains do not mean that there will be staff redundancies. Those conductors will now become train supervisors and will continue to have a role not only in ensuring that passengers leave and embark on the train safely but in ensuring passenger safety across the whole train.
Infrastructure Bill [HL]
Lord Ahmad of Wimbledon Excerpts(9 years, 6 months ago)
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The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Lord Ahmad of Wimbledon) (Con)
My Lords, I will also speak to Amendments 101 to 107, 122, 126, 127 and 132, which provide for the off-site abatement of carbon to apply to Wales.
Welsh Ministers share this Government’s desire to reduce carbon dioxide emissions from buildings and have requested that we table amendments to extend the application of Clause 26 to new buildings in Wales. Noble Lords will no doubt be aware that the powers to make building regulations under the Building Act 1984 in Wales are transferred to Welsh Ministers. Clause 26 confers new powers to make building regulations for England on the Secretary of State, but these powers for Wales would not be conferred on Welsh Ministers in the absence of these amendments.
In its 2012 consultation on changes to the energy performance requirements of the building regulations, the Welsh Government recognised the technical and economic limits to reducing carbon emissions through on-site measures only in new buildings. The Welsh Government recognise the potential for off-site carbon abatement as a useful tool in the armoury for tackling emissions in the existing building stock and for supporting investment in renewable energy. Any proposals to use this power would be subject to public consultation in Wales and the Welsh Government have committed to a review of the current energy performance requirements of the building regulations in Wales in 2016. The Government have therefore tabled an amendment allowing for the Secretary of State to make separate commencement of the changes to the Building Act in England and Wales. This recognises that the two Administrations could adopt different timelines for implementation depending on the outcome of the review in Wales in 2016 and allows each to introduce the policy at the appropriate times.
Reducing carbon emissions from the built environment is a challenge that all Administrations must face if the UK is to meet its overall climate change targets. Applying the provisions to Wales will enable the Welsh Government to also introduce cost-effective, flexible legislation to meet their objectives. I beg to move.
Lord Ahmad of Wimbledon
My Lords, first I thank all noble Lords who have participated in this debate, and in particular the noble Lord, Lord McKenzie, and the right reverend Prelate for their amendments, which have allowed us to discuss this important issue again.
I am conscious that Amendment 101A has already been discussed in Committee. I am of course happy to revisit the subject because of its importance, and in doing so I ask noble Lords to excuse me if I cover points we have covered before. From our previous discussions, and as my noble friend Lord Teverson has alluded to, I know that a clear consensus was emerging that in designing the zero-carbon homes policy we must ensure that smaller builders are protected from increases in costs that may make it more difficult for them to compete. In seeking to limit the scope of the application of off-site carbon abatement measures to developments of 10 or more dwellings, the amendment recognises that important principle. On that basis it is well intentioned and in line with the Government’s thinking on the issue.
With regard to the Government’s thinking, I am conscious that noble Lords would have expected a consultation paper to have been issued by now and in advance of this debate. Indeed, in various meetings that I have held in advance of this stage of the Bill, this was something we discussed. At this point I can only apologise for the delay which has occurred. I assure noble Lords in that apology that the Government are working very hard on the consultation paper, and we are very aware of the interest on this issue and the need to set out our thinking as soon as possible.
We recognise that achieving the zero-carbon standard could be particularly challenging for small builders. Smaller developers face extra costs in terms of land acquisition and purchasing. They also rely on an ability to identify and redevelop small sites or to assemble small parcels of land into larger opportunities. Research recently published by the National House Building Council on improving prospects for small housebuilders suggests that the availability of suitable small sites—which they indeed prefer—is declining. It also indicates that any extra regulatory costs can impact on the viability of development. We are concerned that if the costs of zero carbon lead to fewer small sites being brought forward, this will further hinder the prospects for small housebuilding firms.
Therefore, while welcoming the intention behind the amendment, it cannot be supported, principally because it would not provide the flexibility that we need on this issue. Putting a rigid exemption in primary legislation would not be the right way forward. There must be flexibility to respond to changing market circumstances and to listen to those people with the main interests in this area, the homebuilders and environmental groups. Our intention therefore is first to seek the views of those interested parties on how the exemption should work. Only after that consultation would we legislate, setting out the scope of the exemption through the building regulations and providing supporting guidance in that respect. Primary legislation is not required to exempt small sites. Section 3 of the Building Act allows for building regulations to make different provisions or to exempt prescribed classes of buildings from the requirements of building regulations. However, I recognise that the key point of the debate is the threshold to be applied.
The amendment proposes an exemption based on sites of fewer than 10 units. I mentioned during Committee that this was one of the options being considered. I say “options”, because we must leave room for respondents to offer up different options or evidence for consideration. We will also consult on the timeframe that should apply to any exemption. It is this area in particular where flexibility is a paramount consideration. What may be right at the time of designing the exemption may not be right further down the line, and the Government must have the ability to review the operation of the exemption appropriately. I hope that it is helpful to clarify these important points and that doing so provides some further reassurance in advance of the consultation being published. We do, of course, welcome noble Lords’ considered opinions and views as part of that consultation exercise, and I assure your Lordships’ House that they will receive a copy at the earliest opportunity.
The noble Lord, Lord McKenzie, asked about a response on allowable solutions from the Government that was published in July and provided to noble Lords ahead of Committee. I am not sure whether there has been a response, or if it did not reach the noble Lord. I specifically asked for it, and was assured that a hard copy was also sent to the noble Lord in this respect. If, again, he requires a further copy of that, I shall be happy to forward it on.
I now turn to Amendment 108A, in the name of the right reverend Prelate. As I said during the discussion on a similar amendment in Committee, this amendment will result in significant problems by prescribing energy performance levels in the Bill. We all share the desire to see energy-efficient homes built that help to reduce carbon emissions and fuel bills. We should not forget that this Government have made significant progress towards delivering on the commitment made by this and the previous Government to ensure that zero-carbon homes are built from 2016 onwards. Since we confirmed our commitment to the 2016 target for new homes to be zero carbon, we have further strengthened the requirements of the 2006 building regulations in 2010, and again in 2014, achieving a 30% total reduction. In fact, the most recent changes we made to the building regulations in 2014 will help to save homeowners an average of £200 on their fuel bills, compared to new homes built before we came to office.
Of course, we are not stopping here. As I have said, we have confirmed that from 2016 all new homes will have to meet even higher standards for on-site measures to be set out in building regulations. These will be set at a level equivalent to that required for a home built to the code for sustainable homes level 4 standard and will save homeowners on average £700 more annually when compared to a typical existing home. The right reverend Prelate talked of building to code 4. This can be done, which is why we think it is a reasonable standard to set. However, as shown by the Zero Carbon Hub’s as-built performance gap programme of work, there are challenges. We should set a realistic and achievable target, not one which pushes the industry to a point where it cannot deliver in practice.
To change the energy requirements for new homes, it is always necessary to consult carefully those affected. We should not forget that we are talking about a technical area that impacts across the whole construction sector. Additionally, the industry reports on building types that this amendment ignores and does not address, such as high-rise flats, because more work is needed. The categories listed in the amendment contain different building types and a rigid standard to cover them all. This may not work in practice. It may, but it is important to take the time to work through it in consultation with the industry. It would not be workable to deliver the proposed standard within six months. Even if it were, it may not be prudent to have such a rigid timeframe for delivery in primary legislation.
The independent Zero Carbon Hub recognises that further technical modelling is required. If, in the light of consultation, even slight adjustments were needed we would not be able to make them without new primary legislation. I assure noble Lords that the Government will strengthen standards and deliver zero-carbon homes from 2016. That is and remains a clear commitment on which we will be held accountable if we do not deliver. Between now and 2016 we will consult widely as to how the new proposed carbon compliance standard can be met. We will share that consultation with noble Lords.
My noble friend Lord Teverson and the right reverend Prelate the Bishop of St Albans asked about exemptions. The number of smaller housing developers competing in the market is significantly lower than it was prior to 2008. Smaller developers often face greater set-up and purchasing costs, compared to larger developers. New regulatory requirements often hit smaller developers earlier, as there are shorter lead times to starting development. With all this in mind, it is vital that the Government give the sector the support it needs, and exemption from the full cost of the carbon requirements is one way of doing so.
Let me also reassure the right reverend Prelate that we work closely with partners such as AIMC4 that have shown that it is possible to build homes to meet a higher level of energy efficiency. The work of that group has helped the Government in deciding to set the on-site requirement at around code level 4, as this should be affordable and achievable for the majority of developers. It is important to recognise that this work was limited in scope and did not extend across the full range of buildings such as flats.
The point was made that the setting of on-site standards could result in a watering down. We worked closely with the Zero Carbon Hub, whose work was hugely influential in helping the Government decide what further action to take from 2016. The hub did not recommend an on-site level for high-rise apartment blocks, recognising that further specialist work was required.
My noble friend Lady Maddock asked some specific questions about rowing forward and rowing back, as she described it, and said that some explanation was needed. I am sure she will appreciate that there are discussions taking place. I hope that my comments have somewhat reassured her that the commitment of the Government to achieve our objective when it comes to zero-carbon homes and to the policy that we have agreed from 2016 remains a priority.
I hope that my responses have been sufficient to reassure noble Lords of the Government’s position on both these amendments and that the approach I have outlined here, as well as in Committee, has demonstrated why these amendments may prove problematic in terms both of increased demands on the home building industry and of the mechanics of delivery. On the basis of these reassurances and accepting that we are still working towards the issuing of the consultation on zero-carbon homes, I hope there is sufficient to encourage the noble Lord, Lord McKenzie, and the right reverend Prelate not to press their amendments.
Lord McKenzie of Luton
My Lords, I thank the Minister for his response to my amendment. I think we recognise that putting material in the Bill reduces flexibility. The point is well made that these things will need to be dealt with in secondary legislation. The purpose of an amendment such as this is to get some debate and discussion going, as the Minister is well aware. He suggested that Amendment 101A, with its recognition of sites of fewer than 10 properties, was an acceptance of the policy. That was certainly not its intent. The key part of that amendment was that there should not be any exemption after 2018.
The consultation that I was probing was the one that was dealt with in the Minister’s letter of 3 November, which was the consultation on the exemption for small sites. If I made reference to allowable solutions it was not my intention. That was the consultation—knowing when it will happen and, more importantly, what is in it.
Lord McKenzie of Luton
My Lords, we should be grateful to the noble Lord, Lord Teverson, for raising a very important and interesting point about developments that are not completed within six years of the granting of planning permission. As we have heard, it requires the development to be carried out in accordance with current building regulations relating to conservation of fuel and power. This is an attempt to address the very serious point that we have delays in the completion of developments, particularly housing. Given the housing crisis we face in this country, the objective should be to encourage sites with planning permission to be built out as soon as possible.
This is one of the issues that the Lyons report addressed for us. Although this is not the occasion for an extensive discourse on that report, one of the interesting points it makes is that some 80,000 unbuilt homes have planning permission from 2010 or earlier. Some of these will be built to 2006 standards, and so be eight or more years out of date. One of the issues that this amendment raises is how practical it is retrospectively to amend the applicable building regulations. There will obviously be issues around homes that are partially constructed at the cut-off point. Getting homes built earlier is good for obvious reasons, although, of course, it does not necessarily do anything to raise the standards of applicable building regulations.
I might resort to going back to the Lyons report. Obviously, not all these recommendations are yet, or will become, policy, but under the heading “Use it or lose it”, it suggests that,
“the life of a planning permission should be reduced to two years with higher fees applying for renewal of expired permissions”.
That would present an alternative mechanism whereby people have to go back and face updated building regulations. Certainly, more substantive work should be required to count as the commencement of development. That is a problem the noble Lord identified. The report also suggests that,
“councils should have powers to levy a charge equivalent to council tax if land allocated in a plan with or without permission is not brought forward within five years”.
Compulsory purchase powers could be strengthened and streamlined to make it easier for public bodies to acquire land where it is not brought forward and where it is a priority for development, so there are alternative ways to encourage developments to take place and perhaps to realign the nature of those developments with updated building regulations. The noble Lord has raised a very interesting point which I am sure will get a full response from the Minister. One hopes that something could actually flow from this.
Lord Ahmad of Wimbledon
My Lords, I thank my noble friend Lord Teverson for tabling this amendment. I also thank the noble Lord, Lord McKenzie, for his comments.
I should say at the outset that I share the sentiments expressed on the objective of ensuring that more homes are built, and built according to better standards and in line with standards. My noble friend’s proposed amendment sets a six-year time limit on a development being built to the energy performance requirements in building regulations in force at the time that planning permission was granted for the development.
I should start by pointing out that, as noble Lords may be aware, it is not the grant of planning permission that is the trigger for the application of building regulations’ requirements but the submission of a plans application or a building notice, or an initial notice to the building control body. During my time in local government, I remember many applications that were challenging in that regard. Therefore, we think that the amendment as drafted may lead to confusion about what happens under planning as opposed to what happens under building regulations.
However, setting to one side the issues that may arise from the drafting of the amendment, there are important practical considerations about how new building regulation requirements apply to developments already under way at the time that the new regulations are introduced. It can take a long time to plan, design, finance and build a development, as noble Lords know. It is therefore correct that the building regulation provisions in force when the building regulations application is made remain those with which the development must comply. To provide otherwise would lead to unreasonable disruption, perhaps delay, and increasing financial burdens as there would be uncertainty about construction standards and a risk of disruption to the supply chain part way through the development.
For example, large developments such as the famous “cheese grater” building in Leadenhall Street, London, will take many years to build and complete—often longer than six years. If accepted, this amendment would mean that the technical requirements of those developments would need to be changed part way through construction. Forcing a development to change from one set of building regulation requirements to another half way through a project would cause real problems for builders, as I am sure my noble friend would recognise.
However, in saying that, I put on record that I totally understand and appreciate my noble friend’s concern that developers may play the system by submitting a building regulations application and then doing nothing or delaying the development and not having to meet any more up-to-date requirements that may have been introduced in the mean time. From my experience, I have seen that happen, too. The Government have recognised this issue and so building regulations generally require that whenever any changes are made to building regulations, building work in respect of any applications made before the coming into force of the new requirements must commence at the latest within 12 months—otherwise, the new requirements will apply.
This requirement was introduced in 2006. Before then, as noble Lords will know, the time limit was three years. This time limit is set in the building regulations. This gives the opportunity to adjust the time limit in light of the circumstances when new regulations are introduced. If we were to rely on changes to primary legislation, we would then lose the flexibility to respond. If we stated the time limit at an inappropriate point, we could cause real problems for housebuilding, as I have already outlined. It will be for the Government dealing with building regulations changes for 2016 to consider what time limit may be appropriate. I am sure that they will read this debate very carefully to see the issues raised and the views expressed. I believe that my noble friend recognises that the amendment as it stands focuses only on one specific area of building regulations, the energy performance requirements. The time limit which I have just described applies in respect of any change to the standards in the building regulations. Therefore I am sure that my noble friend recognises that it may lead to confusion for developers if different time limits apply to energy performance requirements than to other requirements of building regulations.
The amendment from my noble friend, as the noble Lord, Lord McKenzie, has said, raises an important issue. However, as drafted, it would not work for the practical reasons that I have outlined. I hope that I have set out in some detail the time limit which already operates in building regulations to tackle the risks of developers who seek to just get regulations in place for the sake of it. There will be an opportunity in the consultation on the 2016 regulations for energy performance requirements to be looked at. I hope that, in the light of the assurances and clarifications that I have provided, my noble friend will be minded to withdraw his amendment.
Infrastructure Bill [HL]
Lord Ahmad of Wimbledon Excerpts(9 years, 6 months ago)
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The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Lord Ahmad of Wimbledon) (Con)
My Lords, first, I thank the noble Lord for his amendment, which allows us to outline again the Government’s position on national infrastructure. I must admit that when he started talking about the Armitt review, I was concerned for a moment, as I was settling down, as to whether the word was Armitt or Ahmad. That threw me a bit—but we are clear which report we are talking about here.
We believe that the national infrastructure plan already delivers unparalleled levels of investment. The Government recognise—and the noble Lord acknowledged this—that infrastructure projects have been delivered on time and on budget. He referred to the Olympics. It is noteworthy that the person responsible for delivering the Olympics on time and on budget is the current Minister for Infrastructure in our Government, my noble friend Lord Deighton. I believe that all noble Lords will agree that he has great expertise in this area.
Of course the Government recognise the importance of the long term in looking at infrastructure investment. Investing in infrastructure is a central part of the Government’s long-term economic plan to build a stronger and more competitive economy. For this reason, the Government have introduced the national infrastructure plan, which has brought together our approach to investing in energy, transport, telecoms, water and waste networks into one place. This has brought a step change in delivering UK infrastructure. We are introducing an ambitious new energy strategy to incentivise additional electricity capacity for the UK and support low-carbon electricity generation. In road and rail networks, we are seeing new investment at rates not known for several decades. Our plan provides sound justification for infrastructure projects that have secured buy-in from a broad range of stakeholders.
We have set out long-term capital settlements to align with the national infrastructure plan. These commitments have led to new investment out to 2021, in sectors such as roads and flood defences, and long-term funding plans for projects such as High Speed 2. This has all helped to ensure stability and continuity of infrastructure investment in the decades to come.
I turn to the issue of the independent infrastructure body. The Government disagree with this amendment and have reservations about introducing an independent body without a clear understanding of the impacts of the change. Failure to understand this would create greater uncertainty and risk the successful delivery of UK infrastructure. We believe that resourcing requirements to support a commission have not been fully established or costed. Establishing a new authority for infrastructure would involve significant complexities and would distract from the business of providing the infrastructure that the country needs now and in the future.
It is essential that the Government focus on delivery. The central issue is to ensure that the UK has a robust plan to address the challenges facing our networks in the future. The Government have developed a strategy to meet current and future demand through the renewal of existing infrastructure and to grow a global economy with modern infrastructure networks. In doing this, we have sought to address climate change and energy security. This investment is vital for future economic growth. However, it is not clear how introducing a national infrastructure commission would address these pressing issues.
The Government already have a strong track record in major infrastructure delivery. While a national infrastructure commission is an untested and, as yet, unproven idea, the Government take delivering infrastructure extremely seriously. The latest infrastructure pipeline shows that £383 billion of investment is planned for infrastructure networks over the course of the next Parliament and beyond. The noble Lord mentioned specific transport projects. We have had 45 major road and local transport projects since 2010, and the start of construction on flagship projects, such as Northern Hub and the Mersey Gateway Bridge, as well as substantive progress on Crossrail, provides good examples. In addition, more than £45 million has been invested in electricity generation networks between 2010 and 2013 and contracts have already been signed under the electricity market reform, with a further allocation currently under way. The UK is rated as the most energy-secure country in the EU and is fourth in the world.
I believe that we are in a good place when it comes to infrastructure and investment in infrastructure for the current, medium and long term. With the reassurances I have provided, I hope that the noble Lord is minded to withdraw his amendment.
Lord Adonis
My Lords, I am grateful to the Minister for his response. He offers me a tantalising prospect that, if we were to rename the Armitt report the Ahmad report, then he might be prepared to accept the amendment. I offer him that potential deal across the Dispatch Box, though Sir John Armitt might want some hybrid name attached to the report in consequence.
I am disappointed by the response of the noble Lord. In many other areas, such as fiscal and competition policy, we have independent bodies which advise Ministers. Looking at the history of this country over the last two generations, it is clear that we have had serious problems in the planning of our national infrastructure. This is not just in bringing objective evidence to bear on the debate, but in the establishment of cross-party consensus in areas of high priority. We believe that a commission of this kind could significantly contribute to the process.
The area I know well—transport—is a testimony to the problems of failure to address long-term infrastructure planning on an independent and consensual basis. Airports policy has been a yo-yo since the 1960s. There has been stop-start on Maplin, then at Heathrow, and it has taken 15 years to make decisions about increased airport capacity in the south-east of England. Electrification of the railways has been delayed for the best part of a generation because of the lack of any long-term plan. The noble Lord mentioned HS2 and I am glad that a cross-party consensus has been reached on it. However, it was only five years ago—a generation after most of continental Europe and large parts of Asia started to develop high-speed rail networks—that we even started to consider the potential for high-speed rail in this country because there was no medium and long-term planning.
The Minister mentioned roads and the roads programme. As many noble Lords with major road developments in their areas know, this is a classic case of stop-go. Every time there is a downturn, there is a massive slashing of projects, only for them to have to be revived again a few years later at significant additional expense because there is no agreed medium-term plan. In 2010, when the present Government came in, there were huge reductions in the roads programme for strategic roads, which have since had to be partly reinstated. A system of national infrastructure planning of the kind that we propose could only strengthen the bringing to bear of objective evidence, strengthen cross- party consensus and give a louder voice to capital spending and infrastructure projects within the government machine itself.
The noble Lord referred to the resourcing requirements of the commissioners, but they would of course be a fraction of the cost of the projects themselves and there are already significant staff who develop infrastructure in individual departments. This would enable them to be pulled together to operate more effectively with some clear central direction.
It is only a matter of time before a commission of this kind is established. As I said, in so many other areas of critical policy, the bringing to bear of expert advice reporting to Ministers and Parliament to provide a basis on which decisions can be taken has been a course that has been followed. I believe it will be followed in due course in the case of infrastructure. I would therefore like to test the opinion of the House.
Lord Jenkin of Roding
Why leave it until the last moment on Report? Why did he not put it down it a week or 10 days ago, when most of the other amendments were tabled, so that people would have a chance to look at it and consult? That is my complaint. I have great respect for the noble Lord’s ability, but sometimes he gives the impression that he walks on water.
Lord Ahmad of Wimbledon
My Lords, I thank my noble friend for his intervention and the noble Lord for his amendment. I feel somewhat spiritually awakened by my noble friend’s final comment about walking on water. I hope I can provide clarity on why the Government are not in a position to accept the amendment at this time.
I shall start with our common ground. I agree wholeheartedly with the noble Lord, Lord Adonis, that creating well designed, sustainable communities should be at the heart of any new development. In Amendment 86B, tabled by the noble Lord, two main objectives are proposed for a development corporation to be established for the purpose of creating a new town and for the physical laying-out of infrastructure and long-term sustainable development of the new town.
However, I do not think that prescribing the objects of a new town development corporation in detail would help to achieve that objective in a way that allowed for sufficient flexibility locally. There is much to be said for the simplicity of the current objective of new town development corporations, as indeed set out in statute: to secure the laying out and development of the new town.
The amendment proposes that sustainable development should be included in the objects of new town development corporations. Let me emphasise that the Government strongly support the principle of sustainable development. Indeed, that principle is central to the document National Planning Policy Framework, which provides a clear view of what sustainable development means in practice. We believe that creating an additional statutory definition of sustainable development could serve to reduce that very clarity.
I note that no new town development corporations have been created since 1970. However, I am clear that any future new town development corporations, as well as urban development corporations, such as the one the Government are proposing to establish at Ebbsfleet, should have a strong focus on securing sustainable development in a way that reflects local circumstances and needs. I look forward to Her Majesty’s Opposition supporting the creation of the new town at Ebbsfleet, as we seek to establish it in another Bill.
I hope that the clarity I have provided, with brevity, gives the noble Lord sufficient comfort to withdraw his amendment.
Lord Adonis
My Lords, I am grateful to the noble Lord for putting on record the Government’s commitment to sustainable development and high-quality design, which is of key importance.
If I may, I shall respond further to the noble Lord, Lord Jenkin. The amendments were tabled on Monday, which was the day before yesterday, so there was certainly time for noble Lords to engage fully with the issues—and, indeed, for the noble Lord to have read the Armitt report, which was published some months ago. It is not a recent document, by any means.
Lord Ahmad of Wimbledon
They say, “Once a Whip, always a Whip”. We are on Report, and no other interventions would be appropriate.
Lord Adonis
I was very willing to give way to the noble Lord, because I did mention him. I think that I had a right of reply to his points, given that he said there had been almost no notice of these amendments.
Amendment 86B was tabled by my noble friend Lord McKenzie in Committee—it is exactly the same amendment. The reason we regard it as so important that the law takes account of the issues specified in the amendment, that sustainable development should,
“contribute to the cultural and artistic development of the town … protect and enhance the natural and historic environment … promote high quality and inclusive design … ensure that decision-making is open, transparent, participative and accountable … and ensure that assets are managed in the long-term interest of the community”,
and so on, is precisely because of the point that the noble Lord, Lord Jenkin, raised: our last experience of developing new towns in this country was not wholly happy. There have been many very positive elements to the new towns and most of them now function extremely well. However, in some cases the quality of the initial design was not high enough. The Minister said that no new town development corporations have been set up since 1970, but we are just about to begin the process of developing new towns and major urban extensions again. The Government have named Ebbsfleet as the first. It is very likely that others will follow, given the need at least to double the rate of national housebuilding. Therefore, it seems to us, and probably to most people in the House, that having a proper set of criteria for the development of new towns is timely. If it cannot be done in this Bill—and we do not intend to press this amendment today—it should be done before we embark on the next new era of garden city development. I beg leave to withdraw the amendment.
Lord Mawson (CB)
My Lords, I, too, support the amendment. When I arrived in the East End of London 30 years ago this year, I was very conscious of the poor quality of design of large infrastructure. As you spent time in one of the most challenging housing estates, you saw the effect of some of that on ordinary people’s lives. At the Bromley by Bow Centre, we began to challenge that logic of poor-quality design. When we built the first integrated health centre in Britain, we did so from hand-made bricks—like those used at that time at Glyndebourne opera house. There followed a beautiful cloister facing a park and bringing together health, education and enterprise in what is now a rather beautiful environment, in the middle of a housing estate, that has affected many things around it.
I have noticed over the years how people are the environments that we live, work and play in. If you create certain sorts of environment, you get certain sorts of human behaviour. In our park on the housing estate, we do not have any cameras; local people have taken a lot of ownership of it. We have probably one of the few wooden playgrounds that are not burnt every night. If you put numbers around all that, you see that the value of it to people and the Exchequer is considerable. We are following similar principles in the Olympic Park—where I am a director and sit on the planning committee—and trying to ensure that we do not repeat the tacky stuff that has gone on before but build a very beautiful environment that begins to have a major catalytic effect on the quality of design that is starting to happen in the lower Lea Valley. It is interesting to watch how local people and others, and children running through the beautiful fountains, respond to all that. If one looks at the quality of what is being built and the lack of graffiti and other things, one gets a sense of how these things affect human life and their financial implications.
Yes, I suspect that it is difficult to measure in numbers terms; it is difficult to know which box you tick; but my 30 years of experience suggests that quality of design has a massive impact. I suggest that we ignore it at our peril.
Lord Ahmad of Wimbledon
My Lords, I, too, acknowledge the work that the noble Baroness has done in this respect. I agree with what she said about good design being necessary. While she acknowledged the steps that the Government have taken in this regard—for which I thank her—she cited Oliver Twist and said that she might be perceived as being churlish in asking for more. I would never accuse the noble Baroness of being churlish. I recall that the response to Oliver Twist asking for more was, “Do you want more?”. That will certainly not be my response at this juncture, but I wish to set out the Government’s position. I also thank other noble Lords, including my noble friend Lord Jenkin, for their contributions.
I should stress from the outset that the Government are committed to tackling issues such as climate change and the mitigation of, and adaptation to, the impacts of such change, as well as good design for new developments. Where I suspect we will differ is on the extent to which this amendment would bring any discernible change if an infrastructure project was brought forward for consent under the Planning Act.
Part 2 of the Planning Act sets out the legislative requirements where a Secretary of State brings forward a national policy statement. National policy statements form the prime basis for deciding whether a project should be granted development consent. Given this very important role, such statements, as noble Lords will know, are scrutinised by Parliament and subject to public consultation before being finalised. This process of scrutiny provides the most appropriate means of ensuring that matters such as design and climate change are appropriately covered in a national policy statement.
All national policy statements that have been prepared to date have taken into account the issues set out in Section 10 of the Planning Act. Parliament has been given the opportunity to help shape these before they were finalised. That process of scrutiny will continue when new policy statements come forward and existing ones are reviewed. The final version of the policy statement on national networks will be designated soon and the next policy frameworks to be produced will be after the Davies commission has reported in 2015. I therefore suggest to the noble Baroness that the best place in which to seek the changes and improvements that she proposes is in the wording of national policy statements when they are subject to parliamentary scrutiny before they are designated. With those assurances and the clarity that I have provided, I trust that the noble Baroness will be minded to withdraw her amendment.
Baroness Whitaker
My Lords, I am extremely grateful to all noble Lords who have supported this amendment and indeed adding the concept of culture, which was implicit in our amendment but ought to have been explicit. I am grateful for the kind words of the noble Lord, Lord Jenkin, and his encouragement. I am half reassured by the words of the Minister. I can see that the close-woven tapestry of the structure that he has outlined could indeed offer opportunities to push the importance of design. I think that that is not as good as having it on the face of the Bill, but let us suspend judgment until we see the next version of the national networks statement. In the mean time, I beg leave to withdraw the amendment.
“(A1) The Housing and Regeneration Act 2008 is amended in accordance with subsections (1) and (2).”
Lord Ahmad of Wimbledon
I beg to move Amendment 88 and shall speak also to Amendments 89 to 95 and Amendment 121. Maximising the release of surplus public sector land is critical to supporting the Government’s ambitions to reduce the deficit, increase the number of houses being built and help to drive economic growth. The new public sector land programme from 2015-16 will mean transferring a significant amount of surplus and developable land from government bodies to the Homes and Communities Agency for onward disposal.
Clause 21 is intended to speed up the transfer of land from arm’s-length bodies to the Homes and Communities Agency by allowing sites to transfer directly using a single transfer scheme, rather than transferring first to the parent department in a separate scheme. However, the Homes and Communities Agency no longer has a remit to operate in London without mayoral delegation. The Greater London Authority therefore has a pivotal role in delivering housing and economic growth in the capital, and we have been working with it to consider how its expertise can best be utilised in the disposal of surplus government land. The GLA has been clear that it wishes to carry out the Homes and Communities Agency’s former functions in London with regard to the disposal of developable land. The Greater London Authority Act 1999 allows for the transfer of central government land to the authority but, as with the Homes and Communities Agency, land from arm’s-length bodies can transfer only via the parent department and not directly in a single scheme.
In Committee, my noble friend Lady Kramer agreed to consider an opposition amendment to enable direct transfers of land from arm’s-length bodies to the GLA. Following our constructive dialogue with the GLA over the past few months, we are now satisfied that there is strong potential for the GLA to have a role in disposing of surplus government land in London. This amendment, which will allow land to be transferred directly to the GLA and its subsidiaries, will help to reduce bureaucracy in the longer term. We are therefore tabling a government amendment to effect this change. Our amendment adds three new sections to the Greater London Authority Act 1999 to allow schemes to be made transferring land to the GLA and for regulations to be made naming the bodies which will be able to transfer land and setting out the tax position for transfers.
We introduced Clause 22 to ensure that appropriate development may happen quickly by bringing the powers of purchasers of land from the Homes and Communities Agency, the Greater London Authority and mayoral development corporations into line with those presently enjoyed by the purchasers of land from local authorities and other public bodies involved in regeneration and development. We have tabled this amendment to ensure that the powers will be fully available in relation to the GLA.
The bulk of GLA land is held and managed by GLA Land and Property Limited, a wholly owned subsidiary of the authority. We need to make sure that the amended powers will apply to land which the subsidiary holds or disposes of in the same way as they will apply to land which the HCA, GLA or an MDC hold or dispose of. These amendments clarify that the powers will be available in relation to land which the subsidiary owns or disposes of, provided that it has been carrying out housing and regeneration functions for the GLA in relation to that land.
Amendment 121 refers to new subsection (12) of Clause 22. Clause 40 is concerned with the territorial extent of provisions. Although Clause 22 is effective in England only, there is only one legal system covering England and Wales, and that system will operate in relation to Clause 22. The legal systems in Scotland and Northern Ireland will not operate in relation to the clause. I beg to move.
Lord Tope (LD)
My Lords, Amendment 93A is in my name. In speaking to his amendments, the Minister referred to an opposition amendment in Committee. The amendment was in my name and, while I understand that the Minister may occasionally feel that I am in opposition, I mostly support the Government in this House and therefore perhaps we could correct that. It was not an opposition amendment; it was an amendment on behalf of the Greater London Authority, moved by a Liberal Democrat Member on the government side of the House.
Lord Ahmad of Wimbledon
My Lords, for the record, I fully acknowledge my noble friend’s contribution in that regard.
Lord Tope
My Lords, I am grateful and my pride is restored. When I received the open-door response from my noble friend Lady Kramer on that occasion, I think I predicted that the two-word amendment which I moved in Committee would come back at this stage of the Bill as a two-page amendment. I did not anticipate that it would run to eight or nine amendments over five pages, but I am grateful to the Minister and his officials for their work to try to correct what we all recognise was an anomaly.
The Greater London Authority is happy with the amendments to Clause 21 and with Clause 21 when amended, but there are still concerns about Clause 22. The Government’s proposals are welcome, but they do not go quite as far as they need to in order to correct what the Government intend. That is because the protection afforded by the new clause does not completely cover historic disposals. We are trying to correct an omission from the Housing and Regeneration Act 2008. It is the view of the GLA that to be legally robust and clear to prevent unnecessary blocking of planned strategically important developments, the legal operation of the changes made by Clause 22 needs to be retrospective and to cover historic disposals. My Amendment 93A to Clause 22(11) would ensure that the changes in the clause cover relevant developments in London from the time that Section 11 of and Schedule 3 to the Housing and Regeneration Act 2008 came into force, which was 1 December 2008. That would mean that all relevant land left unprotected by the defective provisions of that Schedule 3 would be covered by the corrections made by this amended Clause 22. It would also cover the appropriate corresponding provision that applied to the London Development Agency prior to its abolition.
That is entirely consistent with the Government’s intentions. I hope that the Minister will be in a position today to accept Amendment 93A. If he is not in a position to do so today, I hope that he will give a commitment to look at this point, which the Greater London Authority rightly feels to be important, and to correct it at a later stage, preferably at Third Reading in this House so that I can tie up the loose ends, but if that is too quick, then at a further stage of the Bill.
Lord McKenzie of Luton
My Lords, we are grateful for the explanation provided by the Minister today and in the letter of 30 October. It follows a commitment made by the Minister when we discussed an amendment from the noble Lord, Lord Tope, which called for the GLA to perform the role of disposal agency in London. This parallels the role designated for the HCA outside London, whereby land from arm’s-length bodies can be transferred directly rather than via the parent department. We support these amendments.
We also support the amendment just spoken to by the noble Lord, Lord Tope, about the cut-off point and the date from which these provisions apply. That anomaly was pointed out in Committee. I hope that the Minister is able to give a positive response.
In Committee, we also probed the prospect of one or more local authorities adopting a similar role, particularly given the prospect of releasing substantial sums of publicly owned land to support housing development. This appeared to find some approval from the Minister, who undertook to explore further. Given that we do not have an amendment from the Government on this point, is this issue still under active consideration?
Lord Ahmad of Wimbledon
My Lords, first, I thank my noble friend for his amendment and I thank the noble Lord, Lord McKenzie. After the various bilaterals that we have had in advance of Report, I also put on record my thanks for their attendance and for the discussions that we have had across a variety of issues. We may not agree in some cases but it has always been done in a spirit of having constructive ways of moving forward on various elements of the Bill.
I turn to the two non-government amendments. Amendment 92A would make provision in Clause 21 to allow land to be transferred directly from the ALBs of central government to the HCA, reducing bureaucracy and accelerating development. Amendment 93A is in the name of my noble friend Lord Tope. I do not believe that it is necessary to amend Clause 22(11) to allow powers to override easements to transfer to sites that have already been disposed of. Our clause aims to accelerate development; the proposed amendment from my noble friend would not help to facilitate this any further. Developers have bought land and entered into agreements clearly aware of what powers were available to them. The conditions that the land was sold with and the price paid will have reflected this. We are satisfied that where the land has been leased but the GLA, HCA and MDCs retain the freehold, the existing powers to override easements already apply and will continue to do so. That is sufficient to support development on most of the sites disposed of. Changing the law now to apply to sites that have previously been sold would be an unusual approach and may have unintended consequences.
I accept that in a small number of cases which I am aware of the freehold may have been disposed of, meaning that the power does not apply. However, there are alternative mechanisms available to address this such as taking out insurance, negotiating with easement owners and making references to the Upper Tribunal Lands Chamber. Given the mechanism already available and the small number of sites that would be affected, we do not believe that this is sufficient to warrant a legislative amendment which may well cause unintended consequences elsewhere.
The noble Lord, Lord McKenzie, talked about local authorities. In our meetings, we said that the situation with local authorities was somewhat different. Beyond the discussions that we have had, the Government are certainly not in a position to provide any further detail or to accept any amendments in that regard.
Baroness Parminter (LD)
My Lords, I thank the noble Baroness for tabling the amendment and for the opportunity to discuss this issue. There is a clear consensus around the House in opposition to the sale of our public forestry estate. I say that as someone who lives in the most wooded county in our country, which I suspect is somewhat surprising to some noble Lords—the county of Surrey.
It is a great disappointment that the promised draft legislation for a new body for the public forestry estate has not yet been provided. That is contributing to the genuine concern, to which my noble friend Lord Phillips referred, that is being articulated by the hundreds of constituents around the country who feel unsure about the Government’s intentions. In the early days of the coalition Government, when there was no Liberal Democrat Minister in Defra, it was a great shame that the possibility of selling off the public forestry estate was proposed. It was a great credit to the campaign in which many noble Lords participated that that was overturned. I should be grateful if the Minister could state what the Government’s position is now because in 2013 we had the Government’s forestry and woodlands policy statement.
In Committee, the Minister clearly set out the settled position of the coalition Government that the forestry estate is not for sale and that we will not transfer the public forestry estate to the HCA. That is the clear intention of this Government. However, future Governments could bring in new pieces of legislation and no one can speak for future Governments. Like my noble friend Lord Greaves, I know that so far the Liberal Democrat party is the only party that has committed to make developments in this area in the future.
In conclusion, I am not entirely persuaded of the need for the amendment. I can see why a belt and braces argument works in one sense, but my worry is that if we accept the amendment there will be a perception among the general public out there that this House does not believe the Government’s intentions for the public forestry estate. Although I am very happy not to agree with my Government and not to accept their position on many, many issues, I feel that on this issue they are acting in good faith. I would therefore be unhappy if the House sent out that message to the general public. Like my noble friend Lord Jenkin, I will listen very carefully to the remarks of my noble friend the Minister and hope that he can reassure us about the intentions of the Government and reassure us that this amendment is not necessary.
Lord Ahmad of Wimbledon
My Lords, first, I thank all noble Lords who have participated in this important debate and thank the noble Baroness, Lady Royall, for tabling the amendment.
The public sector land programme is about bringing disused land currently owned by central government back into productive economic use, supporting homes and jobs, an objective to which I am sure all noble Lords adhere. Where land is no longer needed by government, it will be transferred to the Homes and Communities Agency, which will prepare the land for release to the market and work with local planning authorities to ensure that the land is used in a way that best benefits the community—for example, by supporting local housing needs. We have had many debates, and I am sure that we will continue to have them, about the importance of housing and housebuilding to boost economic growth.
Better reuse of disused land will in turn support our desire—I make it clear that it is the Government’s desire—to protect the green belt and amenity land, such as forests, woodlands and open spaces. Disused government land can and does already transfer to the HCA, but the process is often more bureaucratic than is necessary. This clause is simply about increasing the rate of delivery and efficiency by streamlining internal government procedures.
Let me be clear. The intention behind Clause 21 is not to sell off the nation’s forests. You know what—I have been to a forest or two and I enjoyed a woodland or two as a child, and I want my children to continue to enjoy those very things, as I did. I have made this clear repeatedly, in my meetings with noble Lords—with the noble Baroness in particular—and most recently in a Written Ministerial Statement, published yesterday. I assure all noble Lords that the Government have no plans to dispose of the public forest estate and the powers contained in Clause 21 of the Infrastructure Bill do not present a threat to the future of the estate in public hands. The estate is not surplus, and it is not owned by an arm’s-length body. The Homes and Communities Agency’s objectives are to work with the Government and other public bodies to unlock and accelerate the release of surplus public land for the creation of new homes and employment opportunities, in line with designated government policy. The aim is to make best use of previously used and brownfield land, protecting green belt and amenity land that create and support great places to live.
Lord Greaves
I have been listening very carefully to what the Minister said, but did he say that the estate was not owned by an arm’s-length body? I wonder whether, at some stage, he will answer the question that I asked. Does Clause 21 apply to the forestry commissioners and the forestry estate, or does it not?
Lord Ahmad of Wimbledon
Several questions were raised, and I know that the noble Lord, Lord Greaves, although he has tabled some other amendments, said that we could all go home once I had answered that question. Perhaps that means that he will not move his other amendments. However, he has asked the question again, and let me put the matter to rest. The Bill applies to public bodies. He asked whether it applied to forestry commissioners. The forestry commissioners do not own any land and the PFE is owned by the Government. I trust that that point is clear.
Lord Greaves
This is extremely important. The public forest estate is owned by the Government, but the question I am asking is whether Clause 21 applies to the public forest estate.
Lord Ahmad of Wimbledon
I would ask my noble friend to allow me to finish. Once I have concluded my remarks, his question and other questions may have been answered.
Much of the public forest estate is already protected. Many of the sites are, for example, in national parks and the estate contains almost 200 sites of special scientific interest as well as more than 800 scheduled ancient monuments. However, the Government recognise the strength of people’s concerns about the future security of the public forest estate. Indeed, I know that my honourable friend Mark Harper and the noble Baroness, Lady Royall, hosted an event recently about the Forest of Dean. That is why we have made the following commitments, which I shall reiterate. The Government will not transfer any part of the public forest estate to the Homes and Communities Agency. We are amending our guidance to departments on the transfer of public land to make it clear that the public forest estate is exempted from transfer to the Homes and Communities Agency. We will not include the new public forest estate management body in any future regulations specifying which bodies can transfer land to the Homes and Communities Agency.
I hope that that clear public commitment by the Government provides a degree of certainty and reassurance to noble Lords. Having made these commitments, I must also be clear that the intention of Clause 21 of the Infrastructure Bill was simply to allow the direct transfer of land from central government arm’s-length bodies to the HCA. The noble Baroness asked about the list of arm’s-length bodies. I would be happy to share that with her and the rest of your Lordships’ House. The public forest estate is not owned by any arm’s-length body and, as such, is not covered by the aims or purpose of this policy.
Various questions were asked and my noble friend Lord Phillips raised some specific questions. If I may, in the interests of brevity and to move issues on, I shall write to him specifically on the issues that he raised.
I have listened very carefully to what has been said in the Chamber today and listened attentively to the sentiments expressed by your Lordships’ House. It has become increasingly clear to me during the course of the debate that there is still strong feeling in the House that this is an important issue on which the Government need to reflect further. Therefore, I shall seek to bring an amendment back to the House at Third Reading that will seek to exempt the public forest estate from transfer to the Homes and Communities Agency. I hope that, with that assurance, and the faith that the noble Baroness has in me, for which I am grateful, she will be minded to withdraw her amendment.
Lord Phillips of Sudbury
I thank the Minister for that very conciliatory answer. Will he be as good as to confirm that if, on reflection, he comes to the view that it is not clear that charitable woodland and forests are excluded from the Bill, that too will be covered by the Third Reading amendment?
Lord Ahmad of Wimbledon
My Lords, I feel that I have charity in abundance myself, personally. I gave an assurance to my noble friend about a detailed answer and perhaps we can take that up in the letter. If he has any concerns after that letter, I shall be happy to speak to him.
Baroness Royall of Blaisdon
My Lords, I am extremely grateful to the Minister for listening. As he knows, words are simply not enough. I hold him in good faith, and I know what he wants to do. I look forward to him coming back to put an amendment in the Bill that ensures the protection of the public forests. I am extremely grateful to the Minister.
“(3) The Greater London Authority Act 1999 is amended in accordance with subsections (4) and (5).
(4) After section 333D insert—
“333DA Transfer schemes
(1) The Secretary of State may at any time make one or more schemes for the transfer of designated property, rights or liabilities of a specified public body to—
(a) the Authority, or(b) a company or body through which the Authority exercises functions in relation to housing or regeneration.(2) In subsection (1) “specified public body” means a public body which is for the time being specified, or of a description specified, by regulations made by the Secretary of State.
(3) On the date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.
(4) In this section—
“designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;
“public body” means a person or body with functions of a public nature.
(5) This section and sections 333DB and 333DC bind the Crown, but do not have effect in relation to property, rights or liabilities belonging to—
(a) Her Majesty in right of the Crown,(b) Her Majesty in right of Her private estates,(c) Her Majesty in right of the Duchy of Lancaster, or (d) the Duchy of Cornwall.(6) The reference in subsection (5) to Her Majesty’s private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862.
333DB Further provisions about transfer schemes
(1) A transfer scheme may—
(a) create for the transferor interests in, or rights over, property transferred by virtue of the scheme,(b) create for a transferee interests in, or rights over, property retained by the transferor or transferred to another transferee,(c) create rights or liabilities between the transferor and a transferee or between transferees.(2) A transfer scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.
(3) In particular, a transfer scheme may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of a provision having effect in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.
(4) It does not matter whether the provision referred to in subsection (3) has effect under an enactment or an agreement or in any other way.
(5) A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a transfer scheme is conclusive evidence for all purposes of that fact.
(6) A transfer scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.
(7) A transfer by virtue of a transfer scheme does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.
(8) Anything which—
(a) is done by the transferor for the purposes of, or otherwise in connection with, anything transferred by virtue of a transfer scheme, and(b) is in effect immediately before the transfer date,is to be treated as done by the transferee.(9) There may be continued by or in relation to the transferee anything (including legal proceedings)—
(a) which relates to anything transferred by virtue of a transfer scheme, and(b) which is in the process of being done by or in relation to the transferor immediately before the transfer date.(10) Subsection (11) applies to any document—
(a) which relates to anything transferred by virtue of a transfer scheme, and(b) which is in effect immediately before the transfer date.(11) Any references in the document to the transferor are to be read as references to the transferee.
(12) A transfer scheme may include supplementary, incidental, transitional and consequential provision.
(13) In this section—
“enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978;
“transfer scheme” means a transfer scheme under section 333DA;
“transfer date” means a date specified by a transfer scheme as the date on which the scheme is to have effect.
333DC Tax consequences of transfers under section 333DA
(1) The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to—
(a) any property, rights or liabilities transferred in accordance with a transfer scheme, or(b) anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with such a transfer scheme. (2) The provision that may be made under subsection (1)(a) includes, in particular, provision for—
(a) a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;(b) any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;(c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.(3) The provision that may be made under subsection (1)(b) includes, in particular, provision for—
(a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;(b) anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not have a specified consequence or be treated in a specified way;(c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.(4) In this section—
“enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978;
“relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax;
“tax provision” means a provision of an enactment about a relevant tax;
“transfer scheme” means a transfer scheme under section 333DA.
(5) References in this section to the transfer of property, rights or liabilities in accordance with a transfer scheme include references to—
(a) the creation of interests, rights or liabilities under the scheme, and(b) the modification of interests, rights or liabilities under the scheme, (and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).”(5) In section 420 (regulations and orders)—
(a) in subsection (7) (instruments subject to annulment in pursuance of a resolution of either House of Parliament) after the entry for section 243(7) insert—“section 333DA(2);”, and
(b) after subsection (8) insert—“(8A) A statutory instrument which contains regulations under section 333DC shall be subject to annulment in pursuance of a resolution of the House of Commons.””
Lord Ahmad of Wimbledon
My Lords, I thank the noble Lord, Lord McKenzie, for his support for the government amendments. I turn specifically to Amendments 95A, 95B and 99A, which impact on Clause 23 and Schedule 4, and the questions raised. Clause 23 and Schedule 4 provide for Her Majesty’s Land Registry to maintain a single digital local land charges register for England and Wales. There has been a good deal of discussion on the merits of the government proposals and the perceived drawbacks. I will come to those in a moment, but first we should be clear that maintaining the status quo is not an option.
Many of those noble Lords who have—as I have—served in local government know that some local councils provide a very good local land charges service today. I pay tribute to their staff’s efforts and, as my noble friend Lord Greaves said, to the local expertise that they possess. However, many local authorities continue to operate a system that is wholly, or in part, reliant on paper records. Over time, those records will decay and we need to ensure that these are replaced or the information they contain will be lost. What is the solution? The question is not, “Should the current system change?”; it must do so. The question is whether there should be 348 different changes to develop 348 different digital systems that perpetuate the current inconsistencies in levels of service and cost for the public.
In some authorities a digital service is already available. Bolton Council holds a fully digital register and returns searches within one day. Its aim is to provide an,
“end to end process where every customer has the same experience and that is what we now offer”.
The Land Registry ran a successful year-long prototype with seven local authorities. There is no need to rely on the Government’s word that the prototype was a success. Liverpool City Council has been clear that:
“Together we demonstrated that this could work and that if Land Registry were to roll this out then there could be benefits to the conveyancing process in the UK”.
One need only look at the data currently published by local authorities themselves—for example, Bath and North East Somerset and Castle Point currently quote up to a 20-day turnaround time on their websites for a full search—to see that there is scope for improvement. Customers expect to be able to access government information online without delay or complication. Therefore, the Government are committed to meeting those expectations, and creating a single, digital local land register would be another step towards doing so.
Various questions were raised. I fully understand noble Lords’ interest in how the Government’s proposal would affect local authorities and what the implementation plan would be. I am happy to provide some details this evening.
We have recognised the need to ensure that the new system takes account of local authorities from the start. That is why we have been working with a small number of local authorities, as I have already illustrated, throughout the programme, including prototyping the service with seven of them last year. While I can set out the steps the Government are taking to phase implementation and help local authorities to manage the impact, I reassure your Lordships’ House that those local authorities we have been working with are content with the steps we have taken, as can be seen from the comments by Bolton Council and Liverpool Council, which I quoted a few moments ago.
Turning to the steps we are taking to help local authorities manage the impact, it is important to understand the service they offer at present. Local authorities, we know, will remain best placed to be aware of any changes to charges on land within their area. That is why, under the Government proposals, they will continue to be responsible, as my noble friend Lord Greaves asked, for entering information into the single register and keeping it up to date. They will no longer need to provide the searches, however. There will be no loss of local knowledge under our proposals, simply a more modern, efficient process to help members of the public access that local knowledge. None the less we recognise that there may be some costs that arise because of these proposals, and—to answer a question asked by the noble Lord, Lord McKenzie—the DCLG is in conversation with local authorities on how these are best met.
Turning to the implementation plan—again the noble Lord, Lord McKenzie, asked what the Government’s intention is here—implementation will be phased. For each local authority, the first step will be collating the data it holds and checking that they are accurate. The checked data sets will then need to be transformed into a digital format before being transferred into the central land registry that will be created. The local land charges service will transfer from individual local authorities to the Land Registry only once this process has been completed and is functioning.
Infrastructure Bill [HL]
Lord Ahmad of Wimbledon Excerpts(9 years, 10 months ago)
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Lord Ahmad of Wimbledon (Con)
My Lords, I think this might be a convenient moment for the Committee to adjourn.
Growth and Infrastructure Bill
Lord Ahmad of Wimbledon Excerpts(11 years, 2 months ago)
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“Local development orders: repeal of pre-adoption intervention powers
(1) The Town and Country Planning Act 1990 is amended as follows.
(2) Section 61B(1) to (7) (Secretary of State or Welsh Ministers may call in unadopted local development order for approval or may direct that it be modified) cease to apply in relation to England.
(3) Accordingly—
(a) in section 61B(1) (power to call in unadopted order) after “local planning authority” insert “in Wales,”, and(b) in section 61B(6) (power to direct that unadopted order be modified) after “local development order” insert “being prepared by a local planning authority in Wales”.(4) In section 61B, after subsection (7) insert—
“(7A) Where a local development order is adopted by a local planning authority in England, that authority must submit a copy of the order to the appropriate authority as soon after the order’s adoption as is reasonably practicable.”
(5) In paragraph 1 of Schedule 4A (power to specify procedure for preparing local development orders) after sub-paragraph (2) insert—
“(2A) Sub-paragraph (2)(a) applies in relation to England as if for “submission, approval, adoption,” there were substituted “adoption, post-adoption submission,”.”
(6) In Schedule 4A omit—
(a) paragraph 4 (information about local development orders to be included in English planning authorities’ monitoring reports under section 35 of the Planning and Compulsory Purchase Act 2004), and(b) in paragraph 1(3), the words “35 or”.”
Lord Ahmad of Wimbledon
My Lords, during the debate in Committee on permitted development rights, a subject to which we shall return on day two on Report, concerns were expressed about the operation of local development orders. In response to those concerns we have brought forward changes to the Town and Country Planning Act 1990 by proposing the introduction of a new clause to the Bill in respect of the operation of the powers in England. These are matters which are devolved in respect of Wales.
The new clause removes current powers for the Secretary of State to intervene in and approve local development orders and for local planning authorities to report on them in England. This will mean local authorities will be able to consult on and make a local development order without the need to send a copy to the Secretary of State for his consideration and approval. Similarly, an authority will not have to report on the effectiveness of the order. Instead the local authority will just have to send a copy of the order to the Secretary of State once adopted.
(a) ”
Lord Ahmad of Wimbledon
My Lords, these amendments set out procedural steps to reflect the existing mayoral planning powers on applications of strategic importance in London. They are therefore in line with the amendment tabled by my noble friend Lord Tope and supported by my noble friend Lord Jenkin and the noble Baroness, Lady Valentine, in Committee.
We are proposing that the mayor should be notified of applications under Section 106BA relating to planning consents on which he was formally consulted, and that he should have the right to submit evidence on the viability of to those applications if he wishes. To ensure that decisions are made in a timely manner, we have set tight timescales for the Mayor of London to notify and submit representations to the authority. The mayor will have seven days from the day the application was received by the authority to notify it of whether he wants to make representations. The mayor will then have 14 days from the day the application was received by the authority to submit representations, or such other time as agreed between the authority and the applicant. The local planning authority will have an additional seven days to determine any application to which this amendment applies. That is to reflect the additional time needed to work with the Greater London Authority. I hope noble Lords will welcome the amendments we are proposing and I beg to move.
Growth and Infrastructure Bill
Lord Ahmad of Wimbledon Excerpts(11 years, 3 months ago)
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Lord Berkeley
My Lords, the noble Lord, Lord Greaves, invited me to speak to my amendment, which was very kind of him. The noble Lord, Lord Jenkin of Roding, gave a very good description of it, which I do not need to repeat, but there are a couple of issues on which we ought to reflect. First, the special parliamentary procedure, which my noble friend Lord Faulkner described at Second Reading and again today, is to my mind a second attempt to oppose planning permission if you fail on the first occasion. Is that worth having and, if so, what exceptions or types of development should be included? There is also the question of the scope of the SPP. I believe that it can be very wide: for example, looking at a complete planning application again; or it could be narrowed to apply to just the particular issue that is under consideration.
I found a very interesting example of this recently on Humberside where the established port operator there, Associated British Ports, got into a bit of debate with a new company, which I think was trying to develop a port complex next door for offshore windmills or something or other. A railway line runs through the middle of the proposed development which the developer was trying to purchase so that he could install level crossings rather than having the cost of a bridge. The detail does not really matter but the issue comes back to the fact that if you are opposed to a proposed development, the SPP gives you a second round of attack, if you like, in putting your case. If you want it to go forward as quickly as possible, you will argue that the consent order process is perfectly valid and, if you do not like the outcome, I suppose that you can go for judicial review.
I also worry when my noble friend Lord Faulkner says that there have been only two or three of these cases in the past goodness knows how long, because once people discover that there is this rather arcane procedure, a lot of people might try to use it. That is not a reason for not having it but it is a reason for considering whether one needs it, the scope it should have and how long it should last. I have tabled my amendment in conjunction with the noble Lord, Lord Jenkin of Roding, to test the waters and probe. We have had a good debate and it will be interesting to hear what the Minister has to say in response.
Lord Ahmad of Wimbledon
My Lords, I am grateful to all noble Lords for the amendments they have tabled, in particular the noble Lords, Lord Greenway, Lord Jenkin and Lord Berkeley, for setting out their proposed amendments to Clause 22. Questions have been raised about the Government’s position in putting forward Clause 22. It may be helpful if I first set out the issues that the Government are trying to address through this clause.
Clause 22 amends the provisions in the Planning Act 2008 which set out when special parliamentary procedure will apply to a development consent order which authorises the acquisition of specially protected land. It also repeals the separate certification process required in certain cases. The Planning Act 2008 brought together a range of different consent regimes for nationally significant infrastructure into a single development consent order. The overall aim of this regime is to provide a more efficient and quicker consenting regime for very large infrastructure projects. Development consent orders can include authorisation for the compulsory acquisition of land, but when certain categories of specially protected land are acquired, special parliamentary procedure can be triggered. The decision by the Secretary of State that such land is to be compulsorily acquired is then transferred to a Joint Committee of Parliament for confirmation. While the special parliamentary procedure is undertaken, the development consent cannot come into effect and work on the infrastructure project cannot start.
The noble Lord, Lord Greaves, talked about the reasoning behind such measures. Delays to infrastructure projects can have a significant knock-on impact in delaying benefits to the local and, indeed, national economy. In the case to which the noble Lord, Lord Faulkner, referred—the Rookery South project in which he was involved—the special parliamentary procedure was triggered for an infrastructure project under the Planning Act. The special parliamentary procedure added more than a year to the consent process. I understand that during this period no work was possible on the project, delaying the creation of up to 300 construction jobs and 80 permanent jobs that would have resulted when the project was up and running.
Lord Faulkner of Worcester
I am grateful to the noble Lord for giving way. Has he any estimate of how long it would have taken if the decision had been taken by the Secretary of State and been subjected to judicial review, which was the alternative to the SPP?
Lord Ahmad of Wimbledon
That would be speculating but I will come to the specific issue of judicial review in a moment and perhaps address the question at that time.
In more general terms, there is also the strong argument that has been made about the threat of delay, for whatever reason, impacting on the confidence of investors and developers. We are, after all, looking at infrastructure which is supporting the economic growth of our country. In total, new infrastructure creates thousands of new jobs and billions of pounds of new investment, as we all know. Consents for such infrastructure must be provided as quickly and efficiently as possible. We cannot afford to lose those jobs and investment because of delays in finalising consents.
The Government are committed to reform of the SPP and want to ensure that in future SPP is used only in cases where there is a genuine need for further scrutiny by Parliament of a particular ministerial decision. We therefore consider that SPP under the Planning Act should be limited to cases where there is a need for further scrutiny, as I have said. As my noble friend Lord Jenkin rightly said, it should be invoked where there is a real need for further scrutiny based on public interest and, indeed, a general need to weigh up competing public interests of allowing infrastructure development and the protection of certain types of specially protected land.
Lord Greaves
Does my noble friend agree that what is set out in the Bill is not a balanced view of the public interest, as he is suggesting, but a one-sided view of it? New subsection (4A)(d) states that,
“it is strongly in the public interest for the development for which the order grants consent to be capable of being begun sooner than is likely to be possible if the order were to be subject (to any extent) to special parliamentary procedure”.
If the new subsection referred to a balance of public interest in having a development as opposed to retaining a public open space, it would achieve what the Minister says that it does. However, that is not the case. It is a very one-sided consideration of the public interest.
Lord Ahmad of Wimbledon
I thank my noble friend for his intervention, but I do not agree with him on this point. We are not seeking to do away with the procedure altogether: we are ensuring that the procedure is still in place and can be invoked where there is a genuine public interest. This is not about sweeping the procedure away, although perhaps, on this occasion, we have different ways of looking at what is in front of us.
Clause 22 would repeal those sections of the Act that require special parliamentary procedure where land belonging to a local authority or land acquired by a statutory undertaker is compulsorily acquired. Repeal of these provisions would bring the Planning Act into line with other, similar consent regimes, such as the Transport and Works Act 1992.
The Planning Act 2008 already provides extensive opportunities for representations from local people, local authorities and statutory undertakers to be made about the compulsory acquisition of land. There are also comprehensive requirements for pre-application consultation. Examination of an application provides opportunities for parties to make representations as to whether the proposed acquisition of the land should proceed. These include hearings as part of a public examination. Persons whose land is acquired can require such a hearing to take place and, importantly, relevant representations will continue to be taken into account in the recommendations made to the Secretary of State and will inform his subsequent decision. I stress that the requirement, under Section 122 of the Planning Act, for there to be a compelling case in the public interest for the land to be compulsorily acquired, will also remain unchanged. This will be a crucial factor for the Secretary of State when reaching a decision on whether to authorise the compulsory acquisition.
The noble Lord, Lord Greenway, very clearly set out the effect of his amendment. It would mean that transport undertakings would still see the compulsory acquisition of land acquired by them for the purposes of their undertaking being subject to SPP, but the land of other statutory undertakers and local authorities would not be. I understand the noble Lord’s concern about the removal of statutory undertakers’ land from those types of land which can give rise to SPP. It would, however, be wrong to think that such land can be compulsorily acquired without any opportunity for statutory undertakers to present their case against the acquisition before the decision is made. There are ample opportunities to do so. I therefore hope that noble Lords will understand why the Government consider there to be no need for an additional level of scrutiny for such land through special parliamentary procedure.
I move on to the other provisions in Clause 22 and will address the amendments tabled by the noble Lord, Lord Berkeley, and supported by my noble friend Lord Jenkin. These would amend the definition of an open space used for the purposes of considering whether such land would trigger special parliamentary procedure under the Planning Act. Clause 22 also amends the provisions in the Planning Act 2008 which cover the compulsory acquisition of commons, open space land and what are known as “fuel and field garden allotments” or the compulsory acquisition of rights over those types of land. The Government have considered carefully the extent to which SPP should apply when open space is compulsorily acquired or a right over such land is acquired in respect of nationally significant infrastructure projects. At present, the main situation where the Secretary of State can decide that SPP should not apply is when replacement land is given in exchange for the land subject to the compulsory acquisition. However, the Government consider that there could be a very limited number of cases where such exchange land may not be available or, if it were available, would be available only at a prohibitive cost.
Clause 22 therefore proposes extending the circumstances, under the Planning Act 2008, in which the Secretary of State can decide that the compulsory acquisition of open space or rights over such land should not trigger SPP. The proposals would allow the Secretary of State to decide that SPP should not apply where open space is compulsorily acquired and suitable replacement land for the land being acquired is not available or available only at prohibitive cost. This would, however, apply only where it is demonstrated to be strongly in the public interest for the development to start sooner than is likely to be the case if it were subject to SPP. We expect that, in most cases, developers will continue to provide suitable replacement land to avoid the need for SPP. However, there may be limited occasions, such as in heavily urbanised areas, when such land is not available. Given the importance of infrastructure to growth, there may be cases where development should be able to proceed promptly without going through SPP.
I thank the noble Lord, Lord Berkeley, for his general support for government proposals in the Bill on infrastructure. Turning to his amendment, the current definition of open space, used in the Planning Act is,
“any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground”.
The noble Lord’s amendment would have the effect of amending the definition of open space for the purposes of triggering SPP under the Planning Act. Such a distinction does not reflect the rationale for open space being given special status in terms of compulsory acquisition. The need for additional scrutiny through SPP in cases involving open space derives from the public use of such land and the wider public interest in its continued availability for such use. Whether such land is designated for such purposes is immaterial in this context.
Lord Greaves
My Lords, I wish to put on record that I support the amendments of the noble Lord, Lord Faulkner.
Lord Ahmad of Wimbledon
My Lords, I am grateful to the noble Lord, Lord Faulkner, for explaining the reasoning behind his amendments. I have also noted his opposition to the Question that Clause 23 should stand part of the Bill. In my response, it might be helpful if I set out the reasons behind the approach that the Government have taken, how Clause 23 delivers that and take up some of the noble Lord’s questions.
Clause 23 amends the Statutory Orders (Special Procedure) Act 1945. That Act sets out the procedural requirements for any order that is subject to special parliamentary procedure. Clause 23 ensures that where a development consent order under the Planning Act 2008 is subject to SPP, consideration will be limited to the order only in so far as it authorises the compulsory acquisition of special land. This is to reflect the wording and intention of the 2008 Act.
The clause also makes similar provision for certain other compulsory acquisition powers that require an order to be subject to SPP. It applies to any order involving the compulsory acquisition of specially protected land as a result of Sections 17, 18 and 19 of the Acquisition of Land Act 1981. It also applies to the Harbours Act 1964, certain provisions of the New Towns Act 1981 and the Transport and Works Act 1992. The clause will ensure that SPP applies in the way originally intended, where legislation makes clear that an order is to be subject to this procedure to a limited extent.
The need for Clause 23 reflects an inconsistency between the 1945 Act and certain more recent legislation. This was drawn to the Government’s attention by the Chairman of Committees and the Chairman of Ways and Means in their initial joint report on the Rookery South order which, as the noble Lord Faulkner knows well, has been subject to SPP. The Planning Act 2008 provides that a development consent order which authorises the acquisition of special land is to be subject to SPP to the extent that the order authorises acquisition of such land. Consideration of that order should therefore be limited to that part of the consent order authorising the compulsory acquisition of special land.
Lord Greaves
My Lords, Amendment 77ZH introduces a new clause to provide a new procedure for the appropriation and disposal of open space land by local authorities. This does not apply to common land, for which there is already a different and better system.
The proposed new clause is a slightly modified version of the amendment I moved during the Committee stage of the Localism Bill on 28 June 2011. It amends the present Local Government Act 1972 procedure for the appropriation or disposal of non-common land open space, which dates from amendments made in 1980 to simplify the previous procedure. A local authority has merely to publish its intention in a local newspaper in two consecutive weeks and invite objections for its consideration. This can be done in private—for example, by a cabinet member who is under no obligation to give reasons for, or even publish, the decision. There is no right of appeal by the objectors. The land can then be used, sold or let for other uses free of all existing open space trusts and without regard to the fact that a park or recreation ground may have been gifted to or acquired cheaply—often, perhaps, with major contributions from public appeals—by the council’s predecessor on trust for the perpetual enjoyment of the public.
The trust may have been imposed for a particular open space in a local Act of Parliament which authorised its acquisition, but most of these open spaces are now held under the general trust in Section 10 of the Open Spaces Act 1906. Others were acquired or appropriated under Acts which do not specify a trust. However, high judicial authority has decided that all are held on trust for the benefit of the public and are not simply council property easily available for any of its services or to sell off.
The leading judgment is known as the Brockwell Park case, which noble Lords will remember discussing during proceedings on the Localism Bill. The House of Lords decided Lambeth Overseers v London County Council in 1897. This was summarised by the Lord Chancellor, Lord Halsbury, as follows:
“One sentence was sufficient to dispose of the case—namely, that the public, for whom the County Council were merely custodians or trustees, were not rateable occupiers, and that there was no beneficial occupation of the property whatever”.
In the fuller judgment, Lord Herschell drew a parallel with the then recent Court of Appeal decision in relation to Putney Bridge. In other words, what is applicable to a highway is equally applicable to a park. However, the procedure for extinguishing any type of highway, whether motorway or public footpath, is by no means simple.
In a further judgement, slightly more recently in October 2012, the Court of Appeal held in Barkas v North Yorkshire County Council that land laid out and maintained as a recreation ground under Housing Act powers was,
“appropriated for the purpose of public recreation”,
and therefore local inhabitants indulge in lawful sports and pastimes by right and not as of right, as would be necessary to prove for the creation of a town or village green. This decision confirms that, if land acquired under other Acts for regeneration or major development is allocated for recreational purposes, it becomes equated with land acquired specifically for those purposes.
The present wording in the Local Government Act positively encourages breaking a trust imposed by the Open Spaces Act, never mind one implied by other Acts. If the land had been owned privately subject to a similar trust, it would be deemed to be held for charitable purposes and its use could not be so easily changed. It is surely wrong for a public authority to be encouraged in this manner, often in contradiction to its own planning policies. The proposed new clause is intended to rectify the situation.
During the Committee stage of the Localism Bill, my noble friend Lady Hanham was rather anxious about the provision for land in exchange. However, this was a standard requirement before the Local Government Act was amended in 1980 and remains where Section 19 of the Acquisition of Land Act 1981 applies. This is when compulsory purchase powers are used and in certain other cases such as for the appropriation of commons under the Town and Country Planning Act 1990. It is an important disincentive to choosing open space as a cheap and easy solution for obtaining other development requirements. Where major regeneration is proposed, it is accepted that compulsory powers should be used to obtain the full site required. This may include new or enlarged open space under the CPO.
This is a complicated matter. I am grateful to the Open Spaces Society for its assistance in proposing this amendment and I look forward to the Minister’s reply. I beg to move.
Lord Ahmad of Wimbledon
My Lords, I thank my noble friend Lord Greaves for explaining his proposed new clause. He is of course greatly concerned with the protection of open spaces such as commons and what are known as “fuel and field garden allotments”. I am sure that that sentiment resonates with many in the Committee. My noble friend also explained that when a local authority, including a parish or town council, wishes to appropriate this type of land for another purpose or to dispose of it, notification procedures should be beefed up and exchange land should be provided. His main point is that the present arrangements are inadequate and that more protection is required to prevent open space and other similar land from being lost to development.
The system that my noble friend seeks to amend concerns two types of land and two types of transaction. The types of land are commons, including town and village greens, and open space. The transactions are appropriation and disposal. The Committee will not be surprised to hear that the legislation that governs all of this is not confined to the Local Government Act 1972, which this amendment seeks to change. Significant elements are contained within the Town and Country Planning Act 1990. For commons, I think that my noble friend already has most of what he wants. Appropriation of common land larger than 250 square yards requires an order to be made by the local authority and then confirmed by the Secretary of State. Exchange land must also be provided, on pain of special parliamentary procedure—which we have just debated extensively—in the same way as for compulsory purchase orders.
In many cases, disposals also need the consent of the Secretary of State. For open space, the publicity and related arrangements for the consideration of objections are the same for both appropriation and disposal. If local authorities fail to consider objections properly, they run the risk that their decision will be challenged in the courts. Although protection for open space may appear lacking in legislation, this is not the whole story. Open space has had strong protection in the National Planning Policy Framework. Paragraph 74 states that existing open space should not be built on unless an assessment has been made to show that the land is clearly surplus and, moreover, that the loss should be replaced by the equivalent or better provision. It is therefore the Government’s view that the protection of open spaces should be through the planning system and not front-loaded on to the procedures for appropriating or disposing of land. I hope that my noble friend will be minded to withdraw his amendment.
Lord Greaves
My Lords, I might be persuaded to withdraw my amendment when I have said one or two more things. One difficulty we are having in this Committee is that the Government are trying to deal with issues such as open spaces just through the planning system when in practice, as the Minister said, there are different laws that relate to open space, commons and so on. This is precisely the problem that we had when we talked about the registration of town and village greens: trying to align two clearly separate systems. You cannot simply say that the planning system is the way to deal with this.
I am grateful to the Minister for reminding us that the National Planning Policy Framework strongly proposes that, wherever possible, open spaces should not be built on, but that is not the purpose of this amendment. It is about buying and selling open space, not about the planning regime that refers to it. However, I am grateful for what the Minister said. I will carefully look at his response and again take advice. For the moment, I beg leave to withdraw the amendment.
Growth and Infrastructure Bill
Lord Ahmad of Wimbledon Excerpts(11 years, 3 months ago)
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The Earl of Lytton
My Lords, I tabled these amendments as a probing gesture and, I hope, a reasonably friendly one. I wish to speak to Amendments 58 and 59 together.
I have a professional interest and involvement in the world of compulsory purchase since my early days in—
Lord Ahmad of Wimbledon
My Lords, as a courtesy to the noble Earl, if noble Lords wish to leave the Chamber, may I suggest that they do so quietly? Thank you.
The Earl of Lytton
My Lords, as I was saying, I have a professional interest and involvement in the world of compulsory purchase going back some 30 or more years and have a professional interest to declare. I also wish to record the assistance that I have had from a small group of specialist practitioners in the Compulsory Purchase Association who have been instrumental in helping me draft these amendments. There was to have been a meeting between a representative of the Compulsory Purchase Association and the department but I think that has not yet happened for various reasons. I hope that it will happen because there are probably things that could usefully be discussed, but I know that the reasons for it not happening were beyond anybody’s control.
For more than 20 years, legal experts, surveyors, claimants, acquiring authorities and others have campaigned to have the compulsory purchase system modernised. I have previously campaigned to remove some of the blocks and impediments to growth and infrastructure.
In passing, I should mention Fair Play, a publication produced last year by the Country Land and Business Association on dealing with blocks in the compulsory purchase system. I know that compulsory purchase is a slightly peripheral aspect of this Bill but I am reinforced in my endeavours in this respect by the Bill’s Long Title, which addresses the principle of unblocking systems.
Compulsory purchase is vital to growth and particularly to the creation and laying out of infrastructure. We need a compulsory purchase system that is properly modernised and is understood, with the majority of participants signed up to its principles. Participants need to believe that it is working. At the moment, I feel that there is widespread disdain and that we are dealing with a system that has fallen into a certain amount of disrepute. Participants need to support the process, even if they do not support the specific outcomes; otherwise, we will have delay and sclerosis. We have had many problems in the planning system and other systems, and the compulsory purchase system is another of those systems of administration that need to operate slickly and effectively. One gets the impression that, given the length of time for which this matter has been under discussion by experts of all sorts, it has fallen into the Whitehall “just too difficult to deal with” category. I hope that that is more perception than reality but there are many voices who suggest that the system is long overdue for reform and overhaul.
The Minister kindly wrote to me on 21 January, and I thank her for that. In particular, she endeavoured to answer a point that I had raised on compulsory purchase. She explained that the Bill is intended to deal with specific and small-scale issues and points of concern. I understand that but one needs to look at the system holistically. If we are dealing with growth and infrastructure, and getting things cranked up again for our economy to prosper, it is important that we do not deal with this matter at the periphery— at the edges. We need to deal with the central issues.
I should like to quote from the noble Baroness’s letter. She said:
“I do not think that it is appropriate at this stage in the Bill proceedings to take forward substantive changes to the compulsory purchase system without wider engagement and prior discussions on the details”.
That is all very well, but I was not sure if she was referring to amendments to this harlequin Bill in general or to compulsory purchase in particular. Perhaps she could clarify in her reply the degree to which compulsory purchase should be a component of the Bill. If she was referring specifically to compulsory purchase, I should point out that this matter has been under discussion for a long time. The issues have been well trailed.
In December 2003, the Law Commission published its paper, Towards a Better Compulsory Purchase Code: (1) Compensation. For nine years, that has been gathering dust in the noble Baroness’s department—not, I appreciate, under her jurisdiction as such. However, for far longer, experts have been campaigning for change. Blight, a degree of sharp practice in the advance payments procedures, out-of-date planning assumptions and so on are rife. All these are blocks and impediments to a streamlined system. No wonder the Country Land and Business Association, of which I am a member, has had a lot to say about this issue. It is worthy of consideration. We need to bear in mind that if we are going to roll out schemes such as High Speed 2, the way in which compulsory purchase operates is intrinsic to that process if it is to be carried out in any sort of sensible timescale and at sensible cost.
My amendments are an attempt to test the Government’s resolve and are a litmus test of their real intentions as regards growth and infrastructure. I turn to the detail. Amendment 58 is about advance payments. I should explain that when a compulsory purchase order is made and land is taken, a claimant is entitled to an advance payment of 90% of the estimated compensation due to them, while the final amount is being worked out. It should be borne in mind that at that stage, the relevant land has been taken and the acquiring body is in possession. The problem is that there is a lack of standardisation in the approach to claiming and receiving this payment.
If there is a disagreement regarding the completeness or otherwise of the information required or the basis of the payout, there is no satisfactory quick or necessarily fair solution for dealing with the matter. In those circumstances, it is wide open to abuse, and the abuse can occur on either side—both in the employing authority and, indeed, through claimants trying to manipulate the system to suit their own purposes. This simply causes delay. Advance payments are essential to a claimant’s ability to arrange their affairs. This can, and often is, mission-critical. Statutory interest—currently effectively zero—is no compensation when cash flow is king.
Lord McKenzie of Luton
My Lords, we should thank the noble Earl, Lord Lytton, for his amendments because he raises an issue which is clearly of importance. I particularly commend his practice of giving us an explanatory note with his amendments. Perhaps I may commend that to other noble Lords and I shall take it on board myself.
As my noble friend said, we are dealing here with a complex compulsory purchase system in which specialist practitioners are involved. To some extent, it may be seen as just too difficult to deal with. However, my noble friend makes an important point: if it is one of the components that are holding up growth, it should be addressed. I checked with one of my colleagues, whose knowledge of this is greater than mine, his reaction to the amendment and certainly to advance payments and loss payments. The response was that the amendment does not seem unreasonable. I think that is quite a way from our saying that we are in a position to support these amendments but I look forward to the Minister's reply, particularly on the question of, if not now, when will we be able to look at the system holistically and unravel some of the complexities and inefficiencies that my noble friend has identified.
Lord Ahmad of Wimbledon
First, I join the noble Lord, Lord McKenzie, in thanking the noble Earl, Lord Lytton, for explaining the two areas of compensation code for compulsory purchase that are of concern to practitioners and to claimants and indeed for proposing some remedy. I think his explanations were very clear.
First, as regards Amendment 58, the Government are very grateful to the noble Earl for raising this matter. I, too, am concerned to hear about the poor practice in making advance payments of compensation. However, it is not clear how the new Section 52B of the Land Compensation Act 1973 would provide the necessary teeth, for want of a better term, to force the acquiring authority to make the payment when it is due.
The provision to allow an advance payment to be made before possession is taken is new but, again, the same issue arises about how to ensure that the payment actually happens. In both cases, the provisions may not be effective without the additional use of judicial review to obtain an order requiring a tardy acquiring authority to pay the necessary amount.
On Amendment 59, the Government note the view that the percentages for loss payments should be reversed, so that occupiers get the lion’s share. This would be a popular change for occupiers and perhaps less so for owners. The noble Earl, Lord Lytton, suggests that this change would be cost neutral and I have no doubt that cases can be found where this is so. Some have been set out in the Compulsory Purchase Association’s evidence to the Committee in the other place. There may equally be cases where the amount of compensation would rise. Currently, both the evidence and the views of the acquiring authorities are lacking.
For both of these amendments, the issues raised would require further investigation before they could be taken forward. As I said earlier, it is not clear where the teeth could be found to ensure that advance payments are made in time. This might be a subject for good practice guidance, as we have mentioned in respect of other areas of the Bill. That guidance should come from the sector. I am sure that some authorities do things properly, and if others were told how this was done, the situation may improve. The noble Earl was quite clear that sometimes it is not apparent how this process can be done more effectively and the information is not readily available.
The noble Earl also mentioned the letter on loss payments sent by the Minister. He raised the issue about meetings, to which I shall turn in a moment but, first, I shall speak about loss payments. It is clear that the noble Earl’s proposals will be popular with occupiers but not with investment owners. We have not yet heard the view of acquiring authorities. I am sure that the noble Earl will appreciate and understand that, at this time, I cannot commit the Government to taking either of these amendments forward. Even if I could, the argument may quite understandably be made that we need to look at these in more detail, have the necessary investigations and, of course, conduct all consultations, which may not be possible during the passage of the Bill.
The noble Earl suggested, and my noble friend acknowledged the fact, that it would be useful to meet on these amendments and on the particular proposal specifically. Therefore, it would be helpful if we asked our officials to arrange a meeting to discuss the two matters raised and invite the noble Earl and his associates to discuss these matters further. We would welcome such a detailed discussion. Based on those assurances and the offer of a meeting, I hope that the noble Earl will be minded to withdraw his amendment.
The Earl of Lytton
My Lords, I thank the noble Lord very much for his reply. As I said, my amendments are probing—I wanted to elicit a response. At this stage of the Bill, I am very pleased with the response and with the offer to meet. The Minister identified one or two things that I will comment on. Certainly the intention with regard to advance payments, and how that system would work, was intended to tap into the Land Compensation Act regulatory power provisions. There is a much longer document behind that, which sets out a series of recommendations that I know have been submitted to the department by the Compulsory Purchase Association. I hope that they will form the basis of a discussion on that point. It will require the Secretary of State’s regulation-making functions to bring that in. That is the only place where the teeth are going to bite.
I note the point about the views of acquiring authorities; it is perfectly valid. However, acquiring authorities very often use one of the same specialist practitioners with whom I have been conversing through the Compulsory Purchase Association. The relevant distillation of views is there, but it is perfectly right to raise the point and ask for better and fuller particulars to be provided. What the noble Lord said was perfectly valid. I look forward to a meeting and thank him very much for his invitation. I may return to the issue at a later stage in the Bill, but for now I beg leave to withdraw the amendment.
Lord Beecham
I agree with that. What would be a concern would be the individual smallish councils in an area each seeking a separate agreement. It is the point about co-operation, which I thought the noble Lord was advancing, that I seek to emphasise and I assume the Government would accept.
Again, will the Minister indicate in replying whether the Government will look at the connection between the city deal programme and community budgeting or Total Place, and whether these things need to be linked? If that needs to be discussed further during the course of the Bill—I do not expect an immediate response—perhaps we can have some discussions about that before we get to Report stage.
Lord Ahmad of Wimbledon
My Lords, I first thank all noble Lords who have participated in this debate. I noted that my noble friend Lord Jenkin’s final words in moving the amendment were, “I hope my noble friends on the Front Bench smile” at his proposal. I assure him that whenever he makes a contribution I often smile, because I often agree with what he says. In what he said, there is nothing specific with which I can disagree. I think it would be generally accepted by the Committee that all contributions across the Chamber were supportive of the initiatives that are being taken.
I was particularly delighted to hear the noble Lord, Lord McKenzie, agreeing with my honourable friend in the other place, Greg Clark. What can I say? Détente has broken out. I am glad that we agree on these issues. When we have these debates, it is important that things which are working across the board are acknowledged as doing so. I do not think for a moment that we are where we want to be with the city deals. This is an evolving issue. We are clearly seeing the trialling of city deals, as has been acknowledged by many noble Lords.
Look at the first wave of the cities listed outside London: Liverpool, Manchester, Bristol, Birmingham, Nottingham, Newcastle, Leeds and Sheffield; I feel a bit like a train announcer here.
Lord Ahmad of Wimbledon
I am glad that the city deal has. I was concerned by the suggestion of the noble Lord, Lord Greaves, about the expansion of areas and Manchester connecting with Newcastle. As a Liverpool fan, for football reasons alone, that is something that we would want to park.
Coming to noble Lords’ points, I first reassure your Lordships on where we are on city deals. As the noble Lord, Lord Greaves, said, it is not a one-size-fits-all proposal. City deals are about bespoke solutions unlocking local growth and trialling different and innovative approaches. Perhaps it would not be appropriate for every single trial to be rolled out wholesale to every single council across the country. That said, the Government have a strong record of commitment to the localist agenda and are working directly with local authorities to provide the powers and support that they need. Where local models and city models make sense, I say to my noble friend Lord Jenkin that we will seek to make them more widely available.
On what we have already done with local authorities, we have given them greater control over their own budgets. First, an estimated 70% of income will be raised locally, compared to 50% to 60% under the current formula grant system. Secondly, from next April, councils will retain nearly £11 billion of business rates. Thirdly, the Government intend to devolve a greater proportion of future growth-related spending, based on the recommendations to which many noble Lords have alluded, as detailed in my noble friend Lord Heseltine’s recent, excellent review. My noble friend Lord Jenkin quoted my noble friend Lord Heseltine. We agree with him that local leaders and businesses are best placed to set the strategic direction of the area. He made a powerful case for increased devolution, and the Government agree with that.
Local people and businesses are better placed to take greater economic powers from central government, particularly in terms of funding and responsibilities, as the LEPs have. They can act as a stronger voice for local people, incorporating the local private sector. As several noble Lords have acknowledged, we have allocated funding. The Chancellor announced an additional £250,000 of capacity on top of the £625,000 core funding announced in September. So steps have already been taken, and I am pleased that noble Lords have acknowledged that.
Lord Ahmad of Wimbledon
My Lords, I absolutely agree with my noble friend that it is very important that parish councils are notified of the making of any legal orders affecting rights of way and other highways serving or crossing a parish and indeed of any town and village green applications relating to land within the parish. It may be helpful to the Committee if I set out how the process works to ensure that this is the case.
First, as regards rights of way creation, diversion and extinguishment orders, paragraph 1(2)(b)(ii) of Schedule 14 to the Town and Country Planning Act 1990 and paragraph 1(3)(b)(ii) of Schedule 6 to the Highways Act 1980 require the order-making authority to serve notice on,
“every council, the council of every parish or community and the parish meeting of every parish not having a separate parish council, being a council, parish or community whose area includes”,
any land affected by a rights of way order.
As regards orders for stopping up or diverting highways for the purposes of development—that is, Section 247/248 orders—Section 252 of the Town and Country Planning Act 1990 requires that, before making an order, notice be served on the local authority in the area of the proposed stopping up or diversion of a highway. Therefore, the notice of a stopping up or diversion is served on the parish council in whose area the development lies.
For town and village green applications, existing regulations require notification of Section 15 applications to parish councils. Specifically, the Commons Registration (England) Regulations 2008, which apply to registration authority areas in England in respect of which the registration provisions in Part 1 of the 2006 Act have been commenced—known as “pioneer areas”—and the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007, which apply to other authority areas in England, require notification of such applications to parish councils.
Schedule 14 to the Town and Country Planning Act 1990 and Schedule 6 to the Highways Act 1980 require that, before a rights of way creation, diversion or extinguishment order is confirmed by either the Secretary of State or the order-making authority, notice shall be given in the prescribed form: first,
“stating the general effect of the order and that it has been made and is about to be submitted for confirmation or to be confirmed as an unopposed order”;
secondly,
“naming a place in the area in which the land to which the order relates is situated where a copy of the order and of the map referred to therein may be inspected free of charge … at all reasonable hours”;
and, thirdly,
“specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order may be made”.
The notices shall be given, among others, to,
“every council, the council of every parish or community and the parish meeting of every parish not having a separate parish council, being a council, parish or community whose area includes”,
any of the land to which the order relates.
The Commons Registration (England) Regulations 2008, which apply in the pioneer authority areas that I mentioned earlier, require, in Regulation 22(1)(a), an applicant to serve a notice of any application to a registration authority under Part 1 of the Act,
“on each of the persons specified in Schedule 6”.
Schedule 6, as it applies to Section 15 applications, requires the notice to be served on any local authority other than the registration authority in whose area the land in question lies. “Local authority”, as defined in Regulation 2 of the 2008 regulations, includes a parish council and the chairman of a parish meeting.
Finally, the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007, which apply to the non-pioneer authority areas, require, in Regulation 5, a registration authority to send notice of an application in the prescribed form to every “concerned authority”. In this case, “concerned authority” is defined in Regulation 2(2) as,
“a local authority … in whose area any part of the land affected by the application lies”.
“Local authority”, as defined in Regulation 2, includes a parish council.
I believe that what I have illustrated answers my noble friend’s questions. With those assurances and the details that I have provided, I hope that he will be happy to withdraw his amendment.
The Earl of Lytton
My Lords, I declare interests as the president of the National Association of Local Councils and as chairman of the Rights of Way Review Committee. If there is a failure to give the relevant notification to a parish council, will any sanction or redress be available to the parish council? I realise that the Minister may not be in a position to answer that question straight away.
Lord Ahmad of Wimbledon
My Lords, I am sure that there are instances where that is the case. For completeness, it may be appropriate if I write to the noble Earl on that specific point. However, I assume that appeals procedures are available to parish councils to take forward where orders are not adhered to.
Lord Greaves
My Lords, I thank the Minister for his reply and should be grateful to receive a copy of his letter to the noble Earl. It may be that what is now required is for the NALC to circulate to its member councils the fact that there is a need and a requirement for them to start to demand their rights from higher authorities. However, I am very grateful for the Minister’s care in setting out the details and, on that basis, I beg leave to withdraw the amendment.