Housing and Planning Bill
Debate between Lord Bishop of St Albans and Baroness Bakewell of Hardington Mandeville
The Lord Bishop of St Albans
My Lords, I shall speak to Amendment 82H, which has broad support across this House. This is a simple probing amendment that would seek to retain Sections 225 and 226 of the Housing Act 2004 in legislation, requiring local authorities to undertake a direct assessment of Gypsy and Traveller needs. I shall also speak to Amendment 82GD, tabled by the noble Lord, Lord Beecham, which may point towards an alternative way forward.
I start by welcoming the publication of the Government’s draft guidance on Clause 115, which makes clear the duty of local authorities to undertake a specific assessment of all those whose primary residence is in caravans or houseboats, including Gypsies, Travellers and showmen communities. The very presence of this draft guidance is reassuring, and I am glad that the Government are making progress. I recognise that in the rush to get this guidance out it may not have been possible for Ministers and officials to consult all stakeholders about the content but I am sure that the Minister will reassure the House that all the relevant parties—including representatives of the Gypsy and Traveller communities—will be consulted extensively before final guidance is published. I know that there are a number of concerns about the proposed guidance, not least the failure to define what is meant by a household —something which has led to a great deal of confusion and cross-authority discrepancies in the past, as authorities have defined it in different ways.
I understand that the Government’s stated intention behind Clause 115 is to remove a general perception that Gypsies and Travellers are given favourable treatment under planning law. I also recognise that under current legislation there is no requirement to perform a specific assessment of those residing in caravans and on waterways who are not part of the Gypsy and Traveller communities, and that this may result in such groups slipping through the net when local authorities assess housing needs. As such, I have no objection in principle to the expansion of the existing assessment requirements to cover all those residing in caravans and on waterways, as long as this is genuinely an expansion and does not threaten the current arrangements regarding assessment of specific Gypsy and Traveller needs.
With this in mind I will highlight two main concerns, which I hope the Government will address. The first is the total lack of mention of Gypsy and Traveller communities in Clause 115 and only the smallest mention of them in the draft guidance. It is important to bear in mind that some local authorities, often under pressure from the wider community to refrain from making land available for Gypsy and Traveller sites, are liable to seize on any excuse not to undertake a full and detailed assessment of Gypsy and Traveller needs. The Government’s own impact assessment seems to recognise that the failure to put reference to Gypsies and Travellers in primary legislation—relegating any mention to secondary guidance only—may give local authorities the impression that the importance of assessing those needs has been downgraded in the new legislation. Making it clear in primary legislation that any assessment requirements include a requirement to assess the needs of Gypsies, Travellers and showmen residing in or having recourse to a local authority is therefore essential to maintain the pressure on local authorities to carry out such an assessment.
The simplest way of ensuring that the Gypsy and Traveller communities are directly mentioned in primary legislation is to ensure that Sections 225 and 226 of the Housing Act 2004 remain in legislation, as my amendment proposes. I see no reason why the two pieces of legislation cannot stand side by side, with local authorities subsuming the Gypsy and Traveller assessment requirement within the broader assessment of caravans and waterways. There are, of course, alternative ways of maintaining reference to Gypsies and Travellers, the amendment of the noble Lord, Lord Beecham, being one of them. None of these amendments would in any way imperil the Government’s aim of expanding the assessment requirement and ensuring parity of treatment for all in the assessment process.
The second concern that I have centres on the categories of caravans and inland waterways that are proposed in Clause 115 and reflected in the draft guidance. The use of these simple categories fails to capture the nuanced differences in the needs of the groups for which this legislation is intended to provide assessment, and may result in an inadequate assessment process if these nuances are not made clear. The accommodation needs of those residing in static caravans, for example, may be very different from the needs of Gypsy communities that are constantly on the move, which will again be very different from the needs of travelling showmen, who often require extra space for vehicles and equipment. I hope the Minister can confirm that these distinctions will be made clear in the revised guidelines and that any assessment will be required to differentiate between them.
What these categories ignore altogether, however, is the requirement that local authorities include the needs of Gypsies and Travellers living in settled, bricks-and-mortar housing in their assessment, despite this being included in the guidance. Given that any guidance issued is guidance only, can the Minister explain to the House how the Government intend to ensure that local authorities assess vulnerable Gypsy and Traveller families who might be abiding in bricks-and-mortar housing, perhaps only temporarily, when under Clause 115 there will be no statutory duty on them to do so?
I hope that everyone across the House recognises the importance of ensuring that local authorities are equipped to provide properly for the accommodation needs of Gypsies and Travellers in their communities. A failure to provide a proper, robust requirement on local authorities to assess the needs of Gypsies and Travellers will inevitably hinder the provision of accommodation sites and space, which is only likely to increase the number of illegal sites, stoke community tensions and endanger a cultural identity that has endured for hundreds of years.
If the Government are committed to expanding the assessment requirement, that expansion needs to be done very carefully, building on the good work that is already being done to foster stronger relationships between local authorities and vulnerable minority communities. Indeed, I hope the Government might use these legislative changes as an opportunity to work with the Gypsy and Traveller communities to improve the assessment process, not undermine it. I hope the Minister can provide assurance that this will be the case.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I support the amendment and draw your Lordships’ attention to my entry in the Register of Interests as a district councillor. I flagged up at Second Reading that I would be returning to this issue, and I support wholeheartedly the comments of the previous two speakers.
In 2004, while I was still the leader of Somerset County Council, the Government passed the Housing Act, of which Section 225 ensured that:
“Every housing authority must, when undertaking a review of housing needs in their district under section 8 of the Housing Act 1985 … carry out an assessment of the accommodation needs of gypsies and travellers residing in or resorting to their district”,
and prepare a strategy to meet those needs. Section 226 went on to provide guidance on how this was to be carried out. This significant step forward required councils to make assessments of the Travelling community’s needs. Of course, many councils had been doing this for a considerable time and making the necessary provision as a result; however, many were not—bowing to extremes of public opinion and abdicating their duty to provide accommodation for all types of people.
I am at a loss to understand why, apart from again bowing to pressure from certain quarters, the Government are now seeking to delete this requirement for local authorities to make provision in their housing needs assessments and local plans for sites for Travelling communities. The requirement is there now and is not arduous. Making it virtually impossible for Travelling communities to find permanent or temporary sites will only lead to an increase in what are known as illegal encampments. I will refer to this again later.
As we have heard, there are several groups of Travelling communities: Roma Gypsies, covered by the Race Equality Act; showpeople, including those in the circus trade, fairgrounds and historic seasonal fairs; and other Travellers, some of whom are called “new age” Travellers. The groups are distinct and have different requirements. I have long been an advocate of the need to provide permanent sites for individual Gypsy families, which will often include more than one generation. I have received a briefing from Friends, Families and Travellers and I have also met with representatives of the Showmen’s Guild and received a briefing from the Equality and Human Rights Commission.
Most of us will have seen at one time or another a group of caravans parked on a wide grass verge, in a lay-by, in a farmer’s field, or even in a town centre car park—the latter can be very disruptive to residents trying to park to do their shopping or visit the library. However, mostly the caravans are in the countryside and cause little problem. Sometimes the local landowner will allow them to stay, but more commonly legal action is taken to move them on. This is costly and, without legalised authorised sites to move them on to, only displaces them further down the road, or maybe over the neighbouring county boundary, where they become someone else’s problem.
In March 2015, guidance was produced by the DCLG, the Home Office and the Ministry of Justice on Dealing with Illegal and Unauthorised Encampments. Most of this dealt with moving the problem on and said:
“Public bodies should not gold-plate human rights and equalities legislation”.
Did any of them ever actually do this? The document might just as well have said, “Ignore it altogether”. This is despite statistics from January 2015 showing there were 593 more caravans on authorised sites than the year before—so not illegally camped.
Housing and Planning Bill
Debate between Lord Bishop of St Albans and Baroness Bakewell of Hardington Mandeville
The Lord Bishop of St Albans
My Lords, I support Amendment 56, tabled by the noble Baroness, Lady Royall, to which I have added my name. I, along with other noble Lords, have received a number of letters from people living in rural areas who are deeply concerned at what seem the inevitable consequences if this issue is not addressed.
The major force of this amendment, as the noble Baroness pointed out, would be to change the emphasis in the current right-to-buy arrangement from one in which housing associations can choose to exempt themselves from exercising right to buy in rural areas, as per the current agreement, to one in which housing associations would be unable to exercise right to buy in rural areas, unless in exceptional cases, as set out in proposed new subsection (1A) of the amendment.
The rationale for the amendment is pretty simple. Affordable housing should not be sold off in communities where it will not be replaced. Among the other options, adjacent areas, for example, may be quite some way away and include urban areas, so there are issues about definition. The broader definition of “rural” that is included in the amendment—as well as the inclusion of dwellings in national parks, areas of outstanding natural beauty and rural exception sites—is designed to capture those additional settlements in which planning restrictions and natural features make the replacement of affordable housing sold under right to buy highly unlikely.
Everyone in the Committee will understand that affordable housing in rural areas is essential for the long-term sustainability of local communities, yet despite prices that are beyond the reach of many of those who live and work in rural areas, the level of affordable housing in rural areas is very low—only 8% compared to just 20% for urban areas. There is a variety of reasons for that, one being that it is so difficult to build in these areas. Planning regulations mean that rural villages struggle to produce any new developments, and what new developments there are tend to be much smaller, yielding little in the way of affordable housing through Section 106. Of course, proposed changes to the Bill to the requirements of developers to include affordable housing in any new developments will only make the situation far worse with regard to the provision of affordable homes for rent.
All of this means that any measure that puts existing rural affordable housing stock at risk needs to be treated very carefully—but the current right-to-buy arrangements make exactly the threat that I am concerned about. The chances of any rural affordable housing that is sold under right to buy being replaced by similar rural affordable housing is very small, as one sees when one visits rural areas and talks to people working on the ground. It is far more likely that those housing associations which choose to sell off expensive rural housing will choose to build replacement homes in urban areas, where the costs of development are likely to be far cheaper. That might be good for the housing associations which are facing a period of belt tightening over the coming years, but it will be devastating for rural communities.
Another reason for considering the amendment is for the sake of simplicity. Tenants require clarity about where they will be able to exercise the right to buy, as has already been pointed out, and a system based on housing association discretion is almost designed to create disappointment. I know that noble Lords on all sides have serious concerns about the feasibility of providing a portable discount as an alternative. It is also true that initial indicators suggest an enthusiasm for right to buy that will far exceed the Government’s ability to provide replacement funding—again leading to disappointment. Excluding areas that are most likely to be harmed by right to buy will ensure that resources are directed to the areas where they can do the most good. I hope the Government will reconsider and will listen very carefully to these arguments before pushing ahead with this.
Baroness Bakewell of Hardington Mandeville
My Lords, I draw the House’s attention to my interests as a vice-president of the LGA and a councillor on South Somerset District Council. I support all the amendments in this group, including those in the names of the noble Lords who have already spoken, and I will speak specifically to Amendments 56, 56A, 57A and 57C. This extremely important group of amendments will have far-reaching effects on communities throughout the country.
As indicated previously, I visited Exmoor National Park to talk to the chief executive. Exmoor has a population of 10,000 people and 5,500 homes actually in the park for those who can afford them. Exmoor National Park wants to provide homes for people who will never get mortgages or loans. Its focus has been on affordable homes for renting. All its new houses are intended to be affordable in perpetuity. It aims to build up its stock of homes to the level it was before the first round of right to buy depleted it. In recent years 100 homes have been provided and 200 people have been accommodated—its policy is working. Some 30% are privately rented or privately owned and 50% are socially rented, but all require a local tie or connection.
The Exmoor and Northumberland national parks are the most sparsely populated areas in the country, with very small settlements. Other national parks have larger settlements, where it is easier to provide affordable homes. The statistics are stark. Of the first tranche of right-to-buy sales, a majority have gone to outsiders and for holiday lets. In Lynmouth, in a row of terraced properties sold under the right to buy, only two are not now holiday lets and 20% of the properties have no usual residents. We must prevent this from happening a second time. In Northumberland the undersupply of affordable rented properties at rates related to average wages has led to a gradual decrease in housing. Hard evidence is difficult to obtain due to the paucity over nearly 30 years—young couples have just accepted that to get a home they have to leave the park area. However, when 30 homes were built in Norham, they were let to the relevant people in a morning, despite only four or five appearing on housing lists.
Incomes in Exmoor National Park are in the lower quartile for England, at around £12,000 for a household. Many people have no regular work. Their work is seasonal or portfolio work. The majority of people on the park are in work but on very low incomes. Affordable housing schemes are very popular. However, when rents went to 80% of market rents, people pulled out as they could not afford them; 80% is still unaffordable on Exmoor. The self-employed on Exmoor are nowhere near the living wage. Lambing is a good example of seasonal work which pays cash in hand. These people can never get mortgages due to their inability to prove a living wage over the relevant period of time. The “at least 20%” discount will need to be considerably more to assist these residents. A home at an affordable price of £130,000 would have to be discounted by nearly 30% to be truly affordable to the workers on the park.
Young people living on Exmoor are in dire straits. The park has conducted a survey to assess their housing needs. One young person felt that he did not have a housing need because he was able to sleep on the floor of a friend’s caravan. There has to be more to life for these young people. Residents, particularly young people who work on the land on Exmoor, need properties suitable for their lifestyles. They need somewhere to keep dogs, store their equipment and hang soaking wet waterproofs when they come in at night from lambing et cetera. Properties provided in the park for those who have a connection to the park, and are lucky enough to be housed, must be protected in perpetuity for those coming after them—not sold off at a profit to those seeking to make a quick turnover. New market homes must be the principal residence of the occupier and have to be lived in, and not a second home.