Levelling-up and Regeneration Bill

Lord Berkeley Excerpts

Report stage
Wednesday 6th September 2023 Lords Chamber

This is not the moment to emphasise the urgency of ensuring that the affordable housing provision in each locality at least starts to match the need for it—there is so much to do—but utilising the key planning tool of the local plan and the delivery strategies that flow from it would represent a vital step in making this happen. This amendment would make a reality of that opportunity. I hope noble Lords will join me in voting for the amendment if the Minister is unable to offer her support for it.

[Lord Berkeley (Lab)]

My Lords, I rise to speak to Amendment 199 in my name and that of the noble Lord, Lord Young of Cookham. I apologise to the House for not being here on Monday—another failed transport from the Isles of Scilly. I would have supported Amendment 191, in the name of the noble Lord, Lord Ravensdale, and Amendment 190, in the name of the noble Baroness, Lady Thornhill.

My amendment follows on from that in the name of the noble Lord, Lord Lansley—and other future comments, I think. It refers to cycling, walking and rights of way and their incorporation, or not, in development plans. We have heard quite a lot already about whether there is or should be a link between plans and strategies for housing, the economy and active travel. It is all getting quite complicated. I want to put the case for walking and cycling to be included in a way which actually works.

This amendment is supported by a long list of eminent organisations: the Bicycle Association, the Bikeability Trust, British Cycling, Cycling UK, Living Streets, the Ramblers, and Sustrans. It covers what we might call active travel in its widest sense—in the city, in the countryside, going to work and school, and for leisure. This very important issue needs to be addressed, partly so that we can encourage more environmentally friendly travel generally.

The noble Lord, Lord Lansley, mentioned the NPPF being a problem. It is a problem for that active travel group and for the Walking and Cycling Alliance, because in the Commons debate the Government suggested that the concern of that group would best be dealt with through the NPPF rather than through legislation. However, as I think the noble Lord referred to, the draft NPPF did not include any new policies on these issues and put it into the further-action box on sustainable transport and active travel. NPPFs have been around for some time, but they take an awfully long time to get through, probably for good reasons. Now is the time to try to find a better way of including these policies in the Bill, and I hope that the Minister, when she responds, will support the concept at least.

[Baroness Williams of Trafford (Con)]

Could I just remind noble Lords that we have a long day ahead of us and that this is Report?

[Lord Berkeley (Lab)]

I apologise to the House for that. The amendment aims to address the problem of local planning authorities unwittingly, and I think occasionally intentionally,

“frustrating a higher-tier authority’s aspirations for walking, cycling or rights of way networks”.

We must not forget the rights of way, because you cannot walk or cycle if rights of way get blocked. The problem is in not recording those network aspirations in authorities’ own development plans,

“thereby failing to safeguard land for those networks, to connect new development with existing networks and/or to secure developer contributions to implement or upgrade specific routes”.

I will give examples. It is probably worse with two-tier authorities. Where the local transport or highway authority, which is usually a county council or combined authority, is not the same body as the local planning authority, you can have this example, which Sustrans exposed. The alliance says that

“one part of a unitary authority commissioned Sustrans to assess the feasibility of re-opening a disused railway line as a walking and cycling route, yet another part of the same authority then gave permission for a housing development which blocked that disused railway line before Sustrans had completed the study. In another case, planning permission was granted by a local planning authority for development which adversely impacted a section of the National Cycle Network (which Sustrans manages), with planning officers unaware of the existence and importance of this walking, wheeling and cycling route”.

This is confusing for local authorities, especially when they are probably very short of resources, as many noble Lords have said on previous amendments. I think the Government believe that our concerns about lack of co-ordination would best be addressed through the NPPF, but that does not mention it, and it omits other things altogether. Unless we get something here that links granting planning permission with taking account of adequate provision for walking, cycling and rights of way, we are in trouble.

I will give one other example before I conclude. In a recent case in Chesterfield in Derbyshire, the local planning authority considered a housing development close to the town centre and railway station. The council officials pressed for the development to include walking and cycling routes to facilitate access to, from and through the development, and obviously to and from the station. However, when the committee was due to consider the application, the developer made a submission claiming that the walking and cycling routes would render the developments economically unviable, and the councillors accepted that view without really challenging it. I have cycled on many cycle routes that probably suffer from the same failure by a developer to provide a proper, sensible route, because it tried to persuade the planning authority that it would be all right on the night, and it is not always.

I hope that the Government will support this amendment. Active Travel England is involved in this, and I certainly welcome what it is planning to do. However, it will often be consulted only at a later stage, and it would be much better if the relevant authorities’ walking, cycling and rights of way network plans were clearly shown in development plans from the outset.

[Lord Young of Cookham (Con)]

My Lords, I have added my name to Amendment 199 on cycling in the name of the noble Lord, Lord Berkeley, and I will follow briefly in his slipstream, if I may.

I am grateful to the Minister for the Teams meeting that she held on this subject at the end of last month to find common ground. Throughout our debates on the Bill, the Government have suggested that our objectives could be better met through NPPFs rather than through legislation. But throughout the debate there has been some scepticism about that, as there is ample evidence that leaving things to guidance does not actually produce the results.

The NPPF guidance on cycling was last revised in 2018, but there is a real problem with that guidance, and I hope that my noble friend can give me some assurance. One paragraph of that guidance said:

“Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe”.


This paragraph makes it very difficult for local planning authorities to refuse developments whose location or design fails adequately to support walking, cycling and other sustainable transport modes. If we are to rely on future NPPFs, can my noble friend give me an assurance that that provision will be removed, because it stands in the way of many of the Bill’s objectives?

The final point raised in the Teams meeting was one that the noble Lord, Lord Berkeley, has just mentioned: the conflict between upper and lower-tier authorities. At the meeting, my noble friend was good enough to say that she would have another look at this and would perhaps be able to respond on it.

I very much welcome what has been said—that Active Travel England is now a statutory consultee—but it would be better if it could be involved at an earlier stage of the proposals, as the noble Lord, Lord Berkeley, said, rather than at a later stage, when it would be difficult to retrofit the provisions for cycling that we would all want to see. I hope that my noble friend the Minister is able to provide some reassurance on those two points.