Levelling-up and Regeneration Bill

Debate between Lord Bellingham and Lord Northbrook

Committee stage
Wednesday 3rd May 2023 Lords Chamber

[Lord Northbrook (Con)]

My Lords, Amendment 311 requires the British Standards Institution, the BSI, to publish electronically the text of at least some British standards without charge to readers. Secondary legislation and LPA’s planning policies frequently require compliance with British standards or employ definitions which refer to British standards. Examples include the building regulations, my local borough’s— the Royal Borough of Kensington and Chelsea’s—definition of a basement and the Code of Construction Practice which, for example, requires compliance with

“BS 5228: Code of practice for noise and vibration control on construction and open sites”.

However, it costs £330 to obtain a hard copy of a BSI document or to download it in PDF format. The cost is reduced to £165 for BSI members, which we imagine includes the council.

A local residents’ association of the RBKC asked the council to reproduce in or attach as an appendix to the code all, or just the relevant parts, of BS 5228 so that neighbours and residents’ associations can see what is required. The council replied that it cannot do so as copyright vests with the BSI.

I believe that all citizens have the right to see the relevant British Standards without disproportionate charge, and that the BSI should be instructed to publish these standards on the internet. The Minister in another place responded in a letter to Richard Drax MP on 31 August 2022, saying:

“The BSI are an independent organisation and we therefore cannot compel them to publish some, or indeed any, of their standards without charge”.


I believe there must be numerous independent organisations referred to in statute whose publications are routinely made available free of charge on the internet. For example, air source heat pumps are legally required to comply with MCS planning standards or equivalent standards. The relevant microgeneration installation standard—MCS 020—is the property of the MCS Charitable Foundation and is published on the internet, available for anyone to read without charge. Why cannot the BSI do the same?

If the issue is one of cost, one solution would be for the Government to negotiate with the BSI and pay it to publish. If this is not acceptable to either party, the Government should take powers to compel publication. As a matter of principle, our citizens should not have to pay to read the text of those obligations with which they are legally obliged to comply. I beg to move.

[Lord Bellingham (Con)]

My Lords, I rise very briefly to support my noble friend Lord Northbrook. It is a very simple and straightforward amendment, but it raises some important principles. As my noble friend pointed out, the BSI is a well-resourced organisation—a commercial, not-for-profit body established under royal charter. I had a look at its website, although I did not look at its accounts. It would be wrong to say that it is awash with money, but it has plenty of money to carry out the excellent work it does on behalf of many different parts of industry in our society. There is no reason whatever why it cannot publish these matters, and it would make a huge difference to residents to be able to know exactly what is going on.

Maybe the Minister can look at one particular point —my noble friend did not mention this, though he mentioned a number of other bodies that are mentioned in statute and different legislation that do make reports and other information available free of charge. I gather that in Ulster such documents are online completely free of charge, and that is a precedent that our Government could follow.

I hope that if the Minister cannot promise to accept the amendment, she will at least undertake to talk to the British Standards Institution about this, because it is a problem that could be solved very easily.

--- Later in debate ---

[Lord Northbrook (Con)]

My Lords, I listened carefully to the Minister’s reply. I should like to say straightaway that I applaud the useful overall relaxation in permitted development rights. I take her point and that of my noble friend Lord Bellingham that there could be problems in high streets with my proposed permitted development BB1. I still believe that in residential areas it is important to propose change. I am noting some support from the Benches opposite. I should like maybe to recraft the amendment so that perhaps residents’ associations could have a say in residential areas.

[Lord Bellingham (Con)]

Before my noble friend withdraws his amendment—once he has done so, I would be unable to speak again—I was disappointed when the Minister said that the amendment was flawed, whereas Amendments 312F and 312J were fit for purpose but not flawed. Just because she does not agree with it does not mean that it is flawed. The amendment was well drafted and perfectly sustainable.

There is a possible compromise to be had here because we do not, as my noble friend pointed out, want to do anything to curb enterprise investment and wealth creation in the high street, but we want to try and protect those residents in a small number of residential areas where there might be this particular problem. Perhaps some adjustment could be made so that, if there is a potential permitted change of use and permitted development in a residential area that could lead to all sorts of disturbance and people’s quiet livelihoods being put at risk, maybe there could be an argument for local residents going to the council and asking for the proposal to go through the planning system. Perhaps my noble friend and I can come back to this on Report and have a meeting with the Minister in the meantime so we can go through it in more detail.

[Lord Northbrook (Con)]

I thank my noble friend Lord Bellingham. It may be that we can craft a new amendment whereby, if there is a recognised residents’ association, some consultation process should be able to take place on the matter. In the meantime, I beg leave to withdraw my amendment.