National Planning Policy Framework

Debate between Lord Avebury and Baroness Hanham

Monday 23rd January 2012 Lords Chamber

[Baroness Hanham]

My Lords, the Government are very positive about cultural aspects. At the moment we are discussing whether that is properly put forward within the national planning policy framework. I can assure the noble Lord that it is very much at the heart of what the Government believe to be an important aspect, particularly of the Olympics and of people’s lives. There should be proper access to the institutions of the arts, such as museums and leisure centres, which people in this country value.

[Lord Avebury]

My Lords, is my noble friend aware that many important cultural events are held in Clapham Library, which is now threatened with closure? What help do the Government propose to give to important, historic libraries that are the subjects of national preservation orders, and to the local communities who wish to take them over and look after them?

[Baroness Hanham]

My Lords, the funding of libraries and museums is a matter for, first, the local authority and secondly, by and large, the Arts Council. We have kept the budget of the Arts Council and the grant in aid at a level, with a reduction of just 11 per cent, which is not as much of a reduction as there has been in many other areas, and we expect support to be given. I do not have an answer to the specific matter raised by the noble Lord but, if required, I will write to him.

Localism Bill

Debate between Lord Avebury and Baroness Hanham

Monday 17th October 2011 Lords Chamber

[Baroness Hanham]

They are already going to be able to take into account the emerging NPPF as a policy statement. I should like to go back to the question of whether the PPS and PPG are going form part of it. I suspect that this is all part of the consultation about how much background is going to be needed and how those planning policy statements are going to be included. I will come back to that by Third Reading because I do not have the direct answer at present.

The noble Lords, Lord Greaves and Lord Best, asked about the timescale. I have already said that I do not think we will be putting in a firm timescale. We expect the changes to take place as soon as possible, and we hope that local councils will get a move on with them. I think I said that the transition is going to be helped by drawing on evidence that informed the preparation of the regional strategy, and part of that will be the PPS and PPG. The NPPF will supersede the PPS and PPG, but they stay in place unless and until the Government revoke them.

The noble Baroness, Lady Whitaker, and the noble Lord, Lord Avebury, asked me about Gypsies. As both of them will know, the draft PPS on that has just been issued for consultation, but local authorities are already required to provide Gypsy sites and, under the duty to co-operate, they are required to work across boundaries to ensure that they have sufficient provision for them.

[Lord Avebury]

Is the noble Baroness aware that, according to the research conducted by the Irish Traveller Movement in Britain, the revised plans of local authorities following their liberation from the previous regional planning process are to provide 50 per cent of the number of pitches that had been calculated as necessary under the regional planning system? Does she intend to make any comment on that? Will she answer my question about how the Government are dealing with the mismatch which I pointed out between the NPPF and the separate document on planning for Traveller sites? Will that be accommodated by the publication of one single document that will incorporate the NPPF and the Traveller sites, or will there be a revision of the document on Traveller sites that will be compatible with the revised NPPF?

Localism Bill

Debate between Lord Avebury and Baroness Hanham

Monday 5th September 2011 Lords Chamber

[Lord Avebury]

My Lords, I am sorry to continue on this theme, but I wonder whether the noble Baroness realises that we are facing an absolute crisis because the Government have torn up the previous mechanisms which were designed to ensure that all local authorities made a contribution towards the accommodation of Gypsies and Travellers and have left them free to decide, of their own volition and without any guidance whatever, whether they will provide accommodation and, if so, at what level. The result is that most authorities have scrapped the plans set out in the previous Government’s regionalism system and said that they are not going to provide any sites. That is the case in Essex, for example, where the neighbouring authorities to Basildon are not going to lift a finger to rescue the 150 people who are to be thrown on to the roadside.

[Baroness Hanham]

A lot lies behind the matter raised by the noble Lord. A lot has been said by the leader of the council and I think that there are expectations in Essex that this is a matter for Essex to resolve. However, it will be resolved against the background that they have been and should be asked to identify somewhere where the Travellers can be placed.

I am going to move on and say that placing a duty on local authorities to secure accommodation for a period for households that are intentionally homeless or not in priority need does make great demands on their limited resources, and this could have unintended consequences. Local authorities have a clear duty to provide advice and assistance to help those found to be intentionally homeless and, as under Amendments 13 and 14 tabled by the noble Lord, Lord Shipley, all those who are unintentionally homeless and not in priority need will be assisted in any attempt to seek accommodation for themselves. The only difference between ourselves and the noble Lord is that his requirement is for all this to be put in writing and for there to be quite a lot of formula around how it is to be done. Local authorities already have discretionary powers to provide emergency accommodation to applicants who are not in priority need and not intentionally homeless, and they have a requirement to give assistance and advice. As I have already said, they are under a duty to provide advice and information to all people who approach them. People can make a homelessness application, and if they are homeless through no fault of their own and are eligible for priority need, local authorities must secure accommodation for them. The requirements are there and do not particularly need to be put into a more statutory framework.

Of course, anyone who is not satisfied and feels that they are not being properly helped has the right to go to the Local Government Ombudsman. The ombudsman’s report has said that homelessness legislation is clear, so it is a question of how it is implemented.

Finally, it only remains for me to say that the Government are committed to tackling homelessness and rough sleeping. The Minister in the other place is well known for his efforts to deal with homelessness. Indeed, he said today that that was why he came into politics. The Government have maintained their homeless person’s grant funding of £400 million over the next four years. There is a ministerial working group looking into tackling the complex causes of rough sleeping, which we have already spoken about. A rough sleeping count is now taking place so that we can know the full figures rather than just the estimated number.

I will resist these amendments and I hope that, with what I have said about local authorities having a duty to ensure that people are helped and assisted if they are in danger of becoming homeless, the noble Lord will withdraw his amendment.

Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011

Debate between Lord Avebury and Baroness Hanham

Wednesday 2nd March 2011 Grand Committee

[Baroness Hanham]

I am receiving lots of nods from behind me—if you saw them, it was four nodding-of-heads. I shall interpret that as yes.

I hope that I have adequately explained why we have had to amend the definition. If we had not, we would not have been able to include Gypsies and Travellers in the orders.

[Lord Avebury]

For the life of me, I cannot understand how, when the order comes into force and someone brings proceedings in respect of a Gypsy living in a mobile home under the 1983 Act, a court is not bound to reach the same conclusion as it did in the case of Berry. It would say, “This person is not a Gypsy and he is therefore not entitled to benefit from the provisions of the order or of the 1983 Act”. What fallacy is there in that argument?

[Baroness Hanham]

My Lords, as I understand it, if that is the conclusion, it means that we cannot bring the order forward. Without the original definition, we cannot change the Mobile Homes Act, which is the purpose of the order. As I understand it, Section 318 of the Housing and Regeneration Act 2008 will bring forward the other definition when it is implemented. This is a short-term problem that will be rectified by the introduction of Section 318.