Levelling-up and Regeneration Bill

Debate between Lord Bellingham and Baroness Bloomfield of Hinton Waldrist

Committee stage
Tuesday 18th April 2023 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

That is my understanding; if that is wrong, I will certainly put it right on the record.

I turn to Amendment 504 in the name of my noble friend Lord Northbrook, so ably introduced by my noble friend Lord Bellingham. It aims to amend the Control of Pollution Act 1974 to create a legal duty for local authorities to publish—promptly, permanently and in all events on their planning websites—the consents and notices around any works to which Section 60 of the Act applies. I share the view of how important it is to ensure that construction noise is managed effectively. However, I question whether a duty to publish consents and notices on a website and in all events will be the appropriate action in all circumstances.

Current noise management legislation allows local authorities the discretion to publish notices and consents as they see fit within a local context. Legislating for information to be published in a specific way would remove their ability to make decisions at local level, for little additional benefit. The Government have provided a range of legislation giving local authorities powers to manage construction noise, including specific measures in the Control of Pollution Act 1974 along with statutory nuisance and planning regimes. I point to British Standard 5228, setting standards for noise and vibration from construction work, which local authorities must take into account in managing the impacts of construction noise. Therefore, the Government believe the proposed amendment is unnecessary and cannot support it.

[Lord Bellingham (Con)]

Before the Minister moves on, I am very grateful for her full explanation on this amendment, but can she give some comfort and satisfaction to these residents about problems in future, as on many past occasions they have not been informed about these nuisances, and state clearly that future concerns will all be taken care of?

[Baroness Bloomfield of Hinton Waldrist (Con)]

Since this is a Defra lead, I will commit to write to my noble friend and share the answer with the rest of the Committee.

Amendment 504D, tabled by the noble Baroness, Lady Hayman of Ullock, addresses the need for transparency when decisions are being made against the advice of the Environment Agency, which provides important expert advice on matters relating to flood risk. I reassure noble Lords that its advice is taken very seriously. In July 2021, Defra published the findings of a review of planning applications in which the Environment Agency commented on flood risk. It showed that, from 2019 to 2020, 95.4% of these planning decisions were made in accordance with the Environment Agency advice.

Where there is a difference of view, existing powers in the Town and Country Planning Act enable the Secretary of State to issue directions to local planning authorities restricting the grant of planning permission or to consult with such authorities as may be prescribed before a decision is made. Our consultation direction requires that local planning authorities consult the Secretary of State where they intend to grant planning permission for major development in a flood risk area to which the Environment Agency has made an objection that it has not been able to withdraw, even after discussions with the local planning authority.

Local planning authorities are also required to publish all their planning applications and decisions on their planning register. This includes representations where a government department or an agency such as the Environment Agency has expressed the view that the permission should not be granted as it is unacceptable or should be granted subject to conditions to ensure that the development is acceptable.

As part of our digital agenda, we want to ensure that these decisions become more accessible so that it is easier for all to identify where development is coming forward against advice, whether that be the Environment Agency, the Health and Safety Executive or a local highway authority. We believe that this is best addressed through open access to data rather than further statutory obligations to produce reports.

Lastly, the noble Baroness, Lady Bakewell of Hardington Mandeville, asked about planning fees. We are not changing fees through this Bill, but we are consulting on proposals to increase planning fees to ensure that local planning authorities are properly resourced to improve speed and the quality of their decisions.

I hope that, with these reassurances that I have been able to give today, my noble friend Lord Lansley will feel able to withdraw his amendment.

Leaseholders: Service Charges

Debate between Lord Bellingham and Baroness Bloomfield of Hinton Waldrist

Wednesday 20th July 2022 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

I commend the noble Lord on his often interesting suggestions for the department, particularly on leasehold. I note that in the last series of questions, he suggested rolling up unaffordable services charges for vulnerable groups, and I undertake to take the idea of a debenture against property title back to the department if it has not already been considered. As for his question today, there are a number of existing ways in which leaseholders can obtain details of their landlord. A written statement of the landlord’s name and address must be given on request under the Landlord and Tenant Act 1985. Failure to comply with the request is an offence. In respect of information about service charges, any ground rent or service charge demand must include the name and address of the landlord. If that address is not in England and Wales, it must include an address in England and Wales at which notice may be served on the landlord by the tenant. Her Majesty’s Land Registry can also provide a copy of the relevant lease for a property for a fee.

[Lord Bellingham (Con)]

My Lords, does it concern the Minister that there is evidence that some insurance companies are charging excessive and non-transparent commissions?

[Baroness Bloomfield of Hinton Waldrist (Con)]

It does indeed concern the Government, which is why we have renewed our guidance on insurance. We are aware that some buildings are currently unable to secure adequate and affordable building insurance. The department has called on the Financial Conduct Authority and the CMA to review buildings insurance premiums. The FCA published an interim report on the buildings insurance review on 10 May, and we are exploring all possible interventions to resolve the crisis in the building insurance sector which is affecting a large number of leaseholders.