Council Tax

Debate between Lord Bourne of Aberystwyth and Lord Greaves

Thursday 14th March 2019 Lords Chamber

[Lord Greaves]

To ask Her Majesty’s Government what assessment they have made of the levels of council tax in England that have been announced for 2019–20.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, decisions on council tax levels are for local authorities, although the Government maintain referendum thresholds to allow voters in England to have the final say on any excessive increases. Authorities have set their council tax for the next financial year, and on 27 March the Government will publish the national statistics.

[Lord Greaves (LD)]

My Lords, it is amazing that most councils set it at the level set by the Government. Is it not the case that council tax levels in England are coming out at an average 4.5% increase? I declare an interest as a borough councillor in Colne, where the increase is 6% across the board. Local authorities are being hollowed out, their services are being slashed and in many areas they are teetering on the edge of an existential crisis. Will the Conservative Party go to the elections this year and tell people: “Vote Conservative—get less, pay more”?

[Lord Bourne of Aberystwyth]

My Lords, when the national statistics are published, the calculation is almost certainly going to be that the level is 4.8%, but we cannot be absolutely certain about that. Of course, local authorities have the option of going to their electorate and seeking a higher level of council tax. The fact that they do not is indicative of the fact that they know what the result would be.

Fracking: Planning Guidance

Debate between Lord Bourne of Aberystwyth and Lord Greaves

Tuesday 12th March 2019 Lords Chamber

[Lord Greaves]

To ask Her Majesty’s Government what steps they intend to take in response to the High Court ruling that their planning guidance on fracking is unlawful.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, the Government note the judgment and are considering their next steps.

[Lord Greaves (LD)]

My Lords, I am pleased to hear that. Is this not yet another case where the Government seem to be lacking basic procedural competence? More widely, it seems rather strange that the Government want widespread extraction of methane from rocks in this country at a time when the climate crisis affecting the world is getting worse. Perhaps more pertinently to the Conservative Party, do the Government really think it is politically sustainable for them to cover large areas of the English countryside, which are often Conservative strongholds, with hundreds and thousands of fracking wells?

[Lord Bourne of Aberystwyth]

My Lords, in case people are misled into thinking that there are hundreds of such wells at the moment, there are not. Once again, this was a policy introduced under the coalition Government. We believe that the technology is worth looking at, because methane presents a bridge between fossil fuels and renewables, and is the best of the hydrocarbons in terms of pollution. But we are committed to ensuring that it is also safe and environmentally sound and that there is a strong regulatory system.

Planning: Permitted Development Rights

Debate between Lord Bourne of Aberystwyth and Lord Greaves

Wednesday 16th January 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord never disappoints and today is no exception. I certainly agree that we are a nation that depends very much on trade; we are also a nation that is very dependent on the sea. Both those things inform the Government’s broader policy concerns.

[Lord Greaves (LD)]

My Lords, does the Minister agree that not all places are the same and not all high streets are in collapse? Some are surviving, such as that in Colne, the town I live in—I declare my interest as a councillor there. Therefore, what is needed is not a new set of one-policy-fits-all rules imposed on councils but flexibility for all local councils to adopt the policies which are appropriate in their areas.

[Lord Bourne of Aberystwyth]

My Lords, I share the noble Lord’s view that it is important that we have that diversity. As he indicates, there are many successful high streets. He mentioned Colne but the high street awards, sponsored by my honourable friend in the other place and Visa, have also been very successful. I am pleased to say that the overall winner was Crickhowell but Altrincham was the winner in England. We are looking at many ways of promoting the high street but the noble Lord is absolutely right that one size does not fit all.

Provisional Local Government Finance Settlement

Debate between Lord Bourne of Aberystwyth and Lord Greaves

Thursday 13th December 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank my noble friend for the points that she makes and the general welcome she gives to the settlement, which is fair and right. I acknowledge the challenge faced by the high streets. I am sure she would acknowledge the help announced in the Statement relating to them. Part of this is because of the changing nature of the high street. We cannot, Canute-like, stand in the way of that. What we can do is look at the position relating to the taxation of digital and online sales. My right honourable friend the Chancellor has announced that he is looking at this. I will not name the companies; we all know them. This is a way to deal with that. It is not inherent to the Statement on local government because that does not relate to general taxation policy.

On money for roads, it is for local authorities to determine how they can repair and improve their roads. There will be more detail on that spending and how that money will be distributed to local authorities in an additional Statement that I hope will supply the information my noble friend needs.

Lastly, my noble friend rightly mentioned Salisbury as an important town affected by policy on the high street. It is remarkable how resilient Salisbury has been throughout the difficult period after the Novichok incidents. The Government have given support to Salisbury to help it through, and I have been in touch with the cathedral on a fairly regular basis to see how the community is faring.

[Lord Greaves (LD)]

My Lords, I remind the House that I am an elected district councillor. Although I am not as excited by the settlement as other noble Lords, my council benefits from a bit of Maundy money above what it thought it would get.

Does the Minister understand that when people talk about the council, look at their council tax bill and say, “What do I get for it?”, a lot of the things that impinge on them directly are provided by local district councils in two-tier areas? I have a huge list here that I will not read out, but it is basically recreation and leisure services, street-level services and community-based problem-solving—town centre problems that directly affect people. A lot of ordinary district councils up and down this country are in dire straits. I would love the statistics that were read out for the average or aggregate cuts to government funding and local authority spending to be the case for the district councils in east Lancashire. They are in a much worse position.

Does the Minister accept that, while there is a bit of sugar on the pill this year, we are in the middle of a three-year settlement where councils all had to sign on the dotted line to say that they agree to it, while it is really asking them whether they want to lose a leg or two arms? The Government have provided a little bag of sweeties this time by saying, “Okay, we’re not going to refuse them”, but unless they tackle these basic-level services that do not fit into the high priorities of social care, health and so on, vital though they are, local government as people know it will collapse in quite a few parts of the country within two or three years.

[Lord Bourne of Aberystwyth]

My Lords, I acknowledge the great role that the noble Lord plays in his local authority district in Pendle and I recognise the great work done by local districts up and down the country. He will appreciate, however, that there are a lot of areas that are unitary, where there is not this two-tier system. A lot of what I have talked about, in answering questions and in the Statement itself, relates to the county councils, but much of this will benefit the district councils, where they exist, such as the business rate retention system. Again, Lancashire is a beneficiary of this and it is worth recognising that as well. I recognise the challenges that exist and I know that many local authorities struggle with the financial position. That said, we need to see how costs may be contained and where some back-office costs can be shared. That need not necessarily be via unitisation; it could be done by sharing some of the costs and back-office functions.

I should also say, on the multi-year settlements that the noble Lord referred to, that many councils—perhaps most councils, most councillors and most people offering services—would recognise their importance and desirability, because it gives a guarantee of how payments and settlements will be made into the future.

Local Neighbourhood Services

Debate between Lord Bourne of Aberystwyth and Lord Greaves

Wednesday 21st February 2018 Lords Chamber

[Lord Greaves (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and remind the House of my registered interest as a district councillor.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, the local government financial settlement sees a real-terms increase in resources to local government over the next two years and gives councils the ability to protect important services. However, local authority spending priorities are ultimately a matter for local decision.

[Lord Greaves]

My Lords, the Government are of course right that local priorities will be decided locally, but when the question is which services to cut the priorities are rather different. Across the country, fewer streets are being swept, libraries and leisure facilities are being closed, 500 children’s centres have closed, neighbourhood policing is collapsing in many areas, there are fewer food inspections and in many places local bus services are being removed, while throughout the country it appears that local authorities are totally unable to fill in potholes. Do the Government not realise that what is going on cannot continue much longer without the whole fabric of local community services being destroyed?

[Lord Bourne of Aberystwyth]

My Lords, I shall take just a couple of examples from the rather dismal litany of the noble Lord. On libraries, I shall take the example of Worcestershire, where a very innovative way of running libraries as community hubs is being perfected. That is true also of Greenwich; it is not just Conservative local authorities that are doing that. The noble Lord mentioned potholes. We announced a pothole fund of £296 million in 2016.

Thirlmere Reservoir

Debate between Lord Bourne of Aberystwyth and Lord Greaves

Thursday 25th January 2018 Lords Chamber

[Lord Greaves (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and remind the House of my registered interest in outdoor activities.

[Lord Bourne of Aberystwyth (Con)]

My Lords, I think we are all intrigued by that. This application is currently under consideration by the Lake District National Park Authority. Noble Lords will appreciate that it would be inappropriate for me to comment on a current planning application. However, I can confirm that as this is within both a national park and a world heritage site, policies in the National Planning Policy Framework already give significant protection. The framework is a material consideration in any planning application.

[Lord Greaves]

My Lords, I will happily take the noble Lord rock climbing in the Lake District. Zip wires across Thirlmere are a very bad idea. They would be an inappropriate commercial intrusion into England’s premier national park, where fundamental policies include the conservation of the landscape together with recreational uses which are in harmony with that landscape, based firmly on the Sandford principles. Do the Government agree that their overriding responsibility, as the national Government in England, for this national park and nationally important natural heritage site—and indeed, as the Minister said, world heritage site—as the jewel in the English crown, means that they really ought to call in this application and stop it now?

[Lord Bourne of Aberystwyth]

My Lords, first of all, the Lake District is undoubtedly a jewel in the way that the noble Lord describes. However, I thought that there might be a Pendle dimension to this Question so, with a sort of macabre fascination, I googled “Lord Greaves Pendle zip wire” and found with alarm that there had indeed been a zip wire in Pendle until some 18 months ago. However, on the more serious issue, clearly we recognise, as I have indicated, that the national park is important. It was made a world heritage site relatively recently and became a national park longer ago. Both of those are factors that will be borne in mind with regard to the planning application, which I cannot comment on.

Brexit: Affordable Housing

Debate between Lord Bourne of Aberystwyth and Lord Greaves

Thursday 21st December 2017 Lords Chamber

[Lord Greaves]

To ask Her Majesty’s Government what is their assessment of the impact of the United Kingdom leaving the European Union on the provision of housing that people can afford.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, the Government are committed to achieving an ambitious EU exit deal and building the homes that this country needs. In pursuing its housing policies, DCLG engages widely with stakeholders across the housing sector. The Government are on track to raise housing supply, by the end of this Parliament, to its highest annual level since 1970 and then to 300,000 per year on average by the mid-2020s.

[Lord Greaves (LD)]

My Lords, I wish the Government the best of luck in that endeavour and will be happy to welcome it when it happens. Only yesterday, the Federation of Master Builders issued the result of a survey of small and medium-sized construction firm members, in which three-quarters of them said that it would have a negative impact on the health of their business if any of their EU workers returned to their country of origin. The figure for the value of these workers was much higher as well. What are the Government doing to make sure that workers from European Union countries working in the construction industry—many of them building houses—do not stay away, as is being suggested, even after this Christmas?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is right to highlight the importance to the construction sector of workers from the EU; they constitute about 18% across the country, although obviously it is higher than that in some parts of the country and certainly in London. The Government are of course very much aware of this and it is part of our negotiations. The noble Lord will be aware that we have made a fair and serious offer to protect the rights and entitlements of EU nationals, which is all part of making sure that we extend a welcome to those people who are part of the fabric of our life and who are very important to our economy.

Waste Collection Services

Debate between Lord Bourne of Aberystwyth and Lord Greaves

Wednesday 22nd November 2017 Lords Chamber

[Lord Greaves (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I remind the House of my registered interest as an elected councillor.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, noble Lords will be aware that government policy on waste and recycling is led by the Department for Environment, Food and Rural Affairs, although we work together closely on these issues. Councils play a central role in achieving high recycling rates, and we want to see them provide comprehensive waste and recycling collection services that have the support of local house- holders. We have provided local government with over £200 billion for this spending period and, although councils make their own spending decisions, we expect them to prioritise what they do to deliver what their residents want to see and to ensure good waste management practice.

[Lord Greaves]

My Lords, as a neighbourhood service, refuse collection and recycling is subject to some of the worst cuts, which are being enforced by the Minister’s department and not Defra. As an example, in Lancashire, the county council is the disposal authority and has been providing an annual grant of almost £1 million to each of the collection authorities—the districts. It is scrapping that grant from next March because of its own financial problems imposed by the Minister and his team. This will inevitably reduce the amount of recycling, the frequency of collections and the quality of service. What does the Minister have to say about that?

[Lord Bourne of Aberystwyth]

My Lords, I have to say, first, that it is nonsense. The department does not dictate what is spent by Lancashire—or Pendle, the noble Lord’s collection authority. That is a matter for them within the budget. Noble Lords may not be aware that Pendle’s recycling rate is 35.5%, so there is certainly room to make up to get to the national average—but the national average is improving and we are on course to meet our recycling obligations under European and domestic law.

Social Rented Housing: Construction

Debate between Lord Bourne of Aberystwyth and Lord Greaves

Thursday 26th October 2017 Lords Chamber

[Lord Greaves (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and remind the House of my interest as a district councillor.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Northern Ireland Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, we are keen for local authorities and other social landlords to build more homes. That is why we have recently announced an additional £2 billion increase in the affordable homes programme to more than £9 billion for affordable housing, including social rents. We have also provided rental certainty for social housing from 2020, which will enable social landlords to plan their homebuilding programmes more effectively. Nevertheless, we continue to be open to dialogue with our local authority partners about any constraints holding them back.

[Lord Greaves]

My Lords, at the weekend the Communities Secretary said that the Government should borrow a lot more money in order to build between 275,000 and 300,000 houses a year in England alone. Since then, the Chancellor said in reply to my right honourable friend Vince Cable in the House of Commons that this was not government policy. Do we still have collective Cabinet responsibility in this country, or do we have a system in which Cabinet Ministers simply debate with one another in public?

[Lord Bourne of Aberystwyth]

My Lords, I remind the House of the commitment of the Government to build 1 million more new homes by 2020 and an additional half a million by 2022. In pursuance of that, we look at the borrowing capacity of local authorities. They currently have £3.6 billon of housing revenue account headroom available. We increased the borrowing capacity by £300 million in 2013, of which only £144 million has been taken up. As I have said, we remain open to discussing this matter and indeed do so with our local authority partners.

Local Housing Need

Debate between Lord Bourne of Aberystwyth and Lord Greaves

Thursday 14th September 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord very much indeed for that contribution. I reiterate the point he quite rightly made that this is about cost, but we must also have regard to quality. He refers quite rightly to the great growth in the housing needs of people aged 65 and over, not least because people, thankfully, are living longer. Their needs will be very different as they age. He will recall that on the then Neighbourhood Planning Bill there was discussion on this, prompted initially by the noble Baroness, Lady Greengross, I think. As a result of discussions on that, the Government were keen to ensure that we placed an obligation in the National Planning Policy Framework relating to elderly housing, which has been taken forward. It is very much at the forefront of our thinking and therefore places an obligation on local authorities to make provision for that age group when they present their plan.

[Lord Greaves (LD)]

My Lords, the Government’s mantra is that the housing market is bust—they say broken, I say bust. The truth is that the local planning system is bust, very largely due to the cost and complexity the Minister referred to of producing local plans. He is really blaming local authorities for this—I declare my interest as a member of a district council in Lancashire—but all the councils are doing in producing these local plans, using expensive consultants and producing incredibly complex documents, is following instructions from above and doing what they are told to do, and how they are told to do it, by the Government.

The Statement says:

“We are not attempting to micromanage local development … It will be up to local authorities to apply these estimates in their own areas—we are not dictating targets from on high”,


unlike the old regional spatial strategies, but this is exactly what the coalition Government said when they introduced the present system six or seven years ago. It has not worked out like that. The truth is that the numbers that come out are effectively dictated from on high by the rules and regulations laid down. It seems this will be just the same.

Will the Minister give a bit more detail about the relationship between this new system when it comes in, which presumably will be next spring some time, and the existing local plans that have been adopted and the local plans and core strategies going through the system in different local authorities? The Minister said that if a local plan is in existence before 1 April 2018 it will not be subject to these new numbers, but will the new numbers still apply when people apply for planning permission for new developments over and above the numbers in the adopted core strategy or the adopted local plan? What about areas where numbers would go down when local people and perhaps the local authority quite reasonably expect to be able to resist applications for planning permission on the basis of new numbers, even if numbers have been set out or land allocated in their local plan?

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Greaves, very much for that and give him this assurance: I certainly was not blaming local authorities. I went very much out of my way to say that action was being taken on the system as it was and that it was intra vires their powers. As I have been at pains to say, successive Governments have brought us to the position that the market is broken—bust, as they apparently say in Pendle. It is right to say we are going for a uniform approach, as he indicated, but issues about where the housing goes and the type of housing is a matter for the local authority. We seek to set out a framework here and we are of course consulting on it.

Regarding the dates for when this comes in, if there is an existing plan as of now or an existing plan goes in before 1 April 2018, or later if the national planning policy changes later than that date, that plan is the valid one until it runs its life. New ones will come in and take over from the old plans.

In relation to the issue of some authorities wanting to be or being in a position where, on the formula, they will require less housing, if they want to go further than that then of course the Government will be delighted, but they will need to justify that to the Planning Inspectorate on examination. Once again, that will be an independent process. That is the essence of what we are consulting upon but, as I say, we are very much open to this discussion, which will end on 9 November.

Neighbourhood Planning Bill

Debate between Lord Bourne of Aberystwyth and Lord Greaves

Committee: 2nd sitting (Hansard): House of Lords
Thursday 2nd February 2017 Grand Committee

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Bakewell of Hardington Mandeville, for moving and speaking to Amendment 15, which is in group 9. This amendment, tabled by the noble Lord, would allow local planning authorities to direct the use of land upon which planning permission has expired for the purposes of its priorities, as set out in a local development plan.

Authorities should normally take decisions on development proposals within their area in line with the priorities set out in the development plan, together with the other policies of the plan. That principle is already enshrined in the Town and Country Planning Act 1990 and set out clearly in the National Planning Policy Framework. Both the Act and the framework are clear that applications for planning permission must be determined in accordance with the development plan, where its policies are material to an application unless material considerations indicate otherwise. Thus where planning permission has lapsed, any new proposals for development which require planning permission must be determined on that basis.

The planning history of a site, including any recently expired planning permissions, may be a material consideration when considering any fresh proposals. The weight to be attached to any earlier permissions will be a matter for the local planning authority but the importance of the plan remains unchanged. I appreciate and support the intention of the new clause proposed by the noble Lord, Lord Kennedy, and supported by the noble Baroness, Lady Bakewell. However, I do not believe it is necessary at the moment. The noble Lord mentioned the forthcoming White Paper, which we hope will be forthcoming very soon. It will cover this issue, as I have mentioned many times before in the Chamber and elsewhere. This is an issue that we must confront and not just for London and urban areas. I fully accept what the noble Baroness alluded to there.

Perhaps I may bring the Committee back to this legislation, which is designed to streamline processes and deliver more houses. We should not lose sight of that. We all say that we are wedded to it but we must be careful to ensure that it remains a central feature of the thrust of the debate, and of the legislation. If that much land is held by developers, they have fewer excuses for land-banking. I say gently that if that land were developed more quickly, although it would not crack the problem in its entirety, it would go some way to doing so.

I thank the noble Lord, Lord Kennedy, very much for the invitation to Lewisham, which I look forward to fulfilling—not necessarily on a day when Millwall is playing at home but on some other day. With the knowledge that this issue will come forward in the White Paper and that we will have a longer process of having a crack at it in a deeper dive—along with that friendly reciprocation of his invitation—I ask him to withdraw his amendment.

[Lord Greaves (LD)]

My Lords, I want to speak briefly to Amendment 15, which my noble friend Lady Bakewell has spoken to. I know that Lewisham is closer to this place than some places are, but if the noble Lord is issuing a general offer to visit wards that some of us sitting here represent on local authorities, he might have a few letters in the post. But he would be welcome indeed to come to Colne any time he wishes and I would be happy to show him some of the problems we have that are different from those in Lewisham and other parts of the south-east.

Having cheekily said that, there is something behind this amendment about what happens when a planning permission which has been given, perhaps in detail, then lapses and that permission is no longer in line with a local plan. For example, if there has been a local plan and the permission has been given, a neighbourhood plan may then be adopted which does not have to accord exactly, as I understand it, with the local plan on site allocations but has to be in general conformity with it. If a neighbourhood plan for a village says that a piece of land which has planning permission for housing is not the most suitable while a different piece of land can be allocated—one which local people would prefer to be allocated under the neighbourhood plan—and if that keeps the same number of new houses built in that area, or even more, what then happens?

There is a wider issue: developers and planning committees—planning officers—tend to assume that if a planning permission has previously been given, for example for a change of use, and has not been taken up, and the same application is put in again after four or five years, it ought to be granted, on the precedent that it has been granted previously, and yet circumstances may have changed. There is a very important issue here relating to detailed applications which, at the moment, do not always result in the most satisfactory outcomes because of the assumption that although planning permission has lapsed, it is really still there and all you have to do is fill in the forms, pay the fee and everything will be okay.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, I thank the many noble Lords who have participated in the debate on this amendment. Before I turn to the specific amendment, I shall make some introductory remarks which I hope will set the matter in its context.

Community members have said that a local planning authority’s input and attitude can make a significant difference to neighbourhood planning progress. We have also heard during our discussion of the importance of neighbourhood planning groups being able to access technical advice and support and financial support. All parts of the committee have spoken of the importance of ensuring that we promote neighbourhood planning, which is something to which all parties are committed. I am sure that that will make a difference. It is clearly beginning to make a difference, although I accept there is much ground still to cover.

I shall say a little about the advice available through the Government’s support programme for communities preparing a neighbourhood plan before we turn to the specific role of local planning authorities. The Government’s £22.5 million support programme has been accessed by communities across the country and has made more than 1,800 payments since it was launched in March 2015. The support available now is very different from that which may have been available to some of the early pioneers of neighbourhood planning. All those wanting to prepare a neighbourhood plan can apply for grant of up to £9,000 to help them do so. Those that fall into certain priority groups can apply for up to a further £6,000. I am not sure that that is widely known. I think there is work to be done to make sure that it is more widely known.

We have reflected on the experiences of early pioneers and responded to new challenges that groups have faced. For instance, specific toolkits and technical support are now available to help groups establish neighbourhood forums in unparished areas, which are usually urban areas, as the noble Lord, Lord Greaves, said, to assist with assessing local housing needs and to support those wishing to allocate sites for development. Any group wishing to modify its existing neighbourhood plan can also apply for support in the same way as any other group can on initially setting up. I applaud the work being done by those who are setting up neighbourhood forums or parish councils. Although there is only one parish council in London, there are neighbourhood forums in London and many work across boroughs, such as the Kilburn Neighbourhood Plan Forum which works across the boroughs of Brent and Camden on specific projects.

The Government have also established a national network of 132 neighbourhood planning champions. These volunteers are drawn from local planning authorities and neighbourhood groups and provide advocacy and peer-to-peer support. We are continuing to support them across England through further training and local networking events. Last year, the Government launched a national advertising campaign to promote take-up of neighbourhood planning, targeting 81 local authority areas through adverts in local press, local radio, online and on-street posters. I shall endeavour to provide more information on that. Perhaps it can be disseminated to particular councils that noble Lords will be familiar with so that we can share some of this information more widely because that would be appropriate.

If I have not said this already, and I do not think I have, I will write again. The letter regarding the first day of Committee is in the process of being finalised, and I would like to write another one to pick up points that I do not cover or fully cover in the course of today’s debate. So once again there will be a write-round.

I turn specifically to Amendment 16. I thank the noble Lord, Lord Greaves, and others who have contributed to the debate. This is an important area. Already, communities in over 70% of local planning authority areas have taken up the opportunities offered by neighbourhood planning, but I fully acknowledge that that does not capture the fact that there are massive gaps. In other words, there are groups throughout the country but it needs to permeate much more widely. There is much more to do, as noble Lords have rightly said.

Local planning authorities have a legal duty to give such advice or assistance as they consider appropriate to facilitate neighbourhood planning. As set out on Tuesday in response to a point raised by the noble Lord, Lord Kennedy, these duties are funded by my department under the new burdens doctrine. I can confirm that that funding will continue into the next financial year, and the amount of that will be released ahead of the new financial year so details of it will follow.

Planning guidance sets out the Government’s expectation for local planning authorities to take a proactive and positive approach, working collaboratively with those preparing a neighbourhood plan to ensure that neighbourhood plan proposals have the greatest chance of success. Building on this, Clause 5 requires authorities to set out in their statements of community involvement their policies for providing support to their communities. That requirement applies irrespective of whether there is any existing neighbourhood planning activity in the area and will bring transparency to the support that authorities provide, leading to more informed and equitable discussions.

The Government have set out, in the document entitled Further Information on How the Government Intends to use the Bill’s Delegated Powers, our intention to require statements to be reviewed at least every five years. While it will be for authorities themselves to decide whether the document should be revised, should an authority consider change unnecessary then it must publish its reasons why they are not updating the statement. The Government have also tabled an amendment to the Bill that would allow the Secretary of State to specify by regulations the content of those statements, and I think we are coming to those later.

Local planning authorities are also required to publish a map setting the designated neighbourhood areas in their authority area. Regulations also require authorities to publicise on their website, and by other means, when they designate a neighbourhood area or a forum, together with the progress of individual neighbourhood plans or neighbourhood development orders.

I turn to the part of the noble Lord’s amendment concerning community governance reviews, which are the reviews undertaken to decide whether new parish councils should be established. The Government have already taken steps to make it simpler for neighbourhood forums to request that new parish councils are created for their communities, and have supported communities up and down the country to set up new parishes through a £1 million investment over the past three years.

I can therefore reassure noble Lords that current requirements alongside measures in the Bill, together with government amendments that we have tabled, proactively promote neighbourhood planning and, as I have said, that we are seeking to publicise the benefits of neighbourhood planning.

I would like to cover some of the points that were made by noble Lords, if I can pick up those that I am in a position to answer. Those that I cannot, I will identify and write on later. We understand that around 90% of neighbourhood plans are in parish areas, a point that I think was made.

I was asked about the number of communities that have neighbourhood planning. I can say that over 2,000 communities in England have at least started the process of neighbourhood planning. If I am able to give a more detailed breakdown on that, I will do so when I write.

The noble Lord, Lord Taylor, raised the specific issue of the need occasionally, or perhaps more than occasionally, to change the boundaries of parishes that may be quite historic, and it may therefore be appropriate if that is revisited at times. At the heart of the neighbourhood planning process is the principle that it is for communities to decide what they plan for. Therefore the boundary of a neighbourhood area does not need to comply with administrative boundaries, and neighbourhoods can bring plans forward.

Specifically on changes to neighbourhood areas, I direct the noble Lord to Clause 4, which sets out some of the procedure. I appreciate that he was aiming more widely—in the sense of how to tackle the problem—but the procedure is covered by Clause 4. If there is anything else I can pick up on that in the write-round, I will do so.

The noble Lords, Lord Tope, Lord Horam and—I think—Lord Shipley, also raised the issue of how we tackle London specifically, and perhaps it relates to a wider area. I will consider that. There are quite a few neighbourhood forums in London, but no parish councils. I accept that, and I will see whether there is anything that we can usefully contribute on that.

I think that those are the main issues that were raised. If I have missed anything I will pick it up in correspondence. We take this issue seriously, and I will seek to address in correspondence some of the specific points raised in particular by the noble Lord, Lord Greaves, in introducing this valuable amendment. With that reassurance, I ask the noble Lord to withdraw his amendment.

[Lord Greaves]

My Lords, I am very grateful to the Minister for the positive and constructive way in which he responded to this amendment. It gives some hope that the Government might, in addition to letting us know what they are doing, put a bit more oomph behind this process. Before I comment on the Minister’s response, I have one or two comments for other noble Lords—and I thank all noble Lords who took part.

My noble friend Lord Taylor of Goss Moor talked about changing parish boundaries. Since responsibility for local governance review passed to the local authority and no longer requires the heavy-handed involvement of the Boundary Commission—I am not sure when it was—the process has been quite easy. If a local authority wants to review parish boundaries it can do so through the local governance review, which sets out exactly how it should take place. It can do it for the whole authority area or for just one or two parishes—to tackle a particular problem, such as the one my noble friend mentioned. It does not, therefore, need a new process, just for the local authority—in this case presumably Cornwall unitary council—to agree to do it.

The noble Lord, Lord Horam, reminded me of the only time I have been to Orpington. It was an extremely long time ago, and the first time I ever knocked on a door was on behalf of a Liberal candidate: Eric Lubbock, in the by-election of 1962. Before his sad death last year he was, of course, for many years, Lord Avebury. I remember it well. I would not claim to be an expert on Orpington but I would have thought that Orpington and perhaps some other communities there, such as Biggin Hill—where I remember traipsing around on unmade roads—would be an ideal place for a parish council. It ought to happen.

I am a member of an authority and was heavily involved in setting up area committees about 20 years ago. It is important for area committees on a local authority to be given real powers and not just be talking shops. We have had area committees with real powers. In fact the political job I most enjoyed in my life was chairing the Colne and District area committee for a number of years—again, quite a long time ago.

My noble friend Lord Tope said that we knew what neighbourhoods were but drawing boundaries was always extremely difficult. I think people bring that up as an excuse for not doing it. Drawing boundaries is not difficult if you know what community you want to define, and its core. Then you have to find a way to draw the boundaries with the consent of the people who live on and around them. It is usually quite possible. People know the part of the borough, or whatever, that they live in and, if they do not, a sensible decision has to be made. However, in most cases, drawing boundaries is not difficult.

The important, and more difficult, job is deciding what the core community is to start off with. Sometimes it is the local authority ward. If the local authority ward has been long established—I was about to say “and has been there a long time”, which would be tautologous—because of the activity that has taken place on a ward boundary basis and because that is what the councillors represent, then those boundaries, which initially were pretty arbitrary, take on meaning over the years. That is the case with some of the new authorities that were set up in 1974. In some cases, wards are perfectly reasonable places but, again, it is a question of judgment. In other places where the wards have recently been redrawn, that has resulted in complete nonsense for neighbourhood and community purposes, and things have to be done differently.

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[Lord Bourne of Aberystwyth]

My Lords, before I turn to government Amendments 21, 22, 23 and 130, I shall make some introductory remarks which I hope will set the context for our discussion. We have been clear that we want to see a more collaborative and effective planning system. We have discussed the energy and passion that many communities invest in the preparation of neighbourhood plans, and we are committed to seeing that number grow. We discussed that particularly in relation to the amendment so ably moved by the noble Lord, Lord Greaves. We also recognise that not all communities may wish to prepare a neighbourhood plan. Some communities and their local planning authorities are working collaboratively on the local plan for their area, and we want to encourage that. This is also a point we discussed during our first day in Committee.

Clause 11 will clarify how communities can be involved in decisions about the wider planning of their area. It extends the matters to be set out by a local planning authority in its statement of community involvement. This will ensure that authorities include in these statements their policies for involving their communities and others in the preliminary stages of plan-making. Specifically in relation to their functions under Sections 13 and 15 of the Planning and Compulsory Purchase Act 2004, these include a local planning authority’s survey function and the preparation and maintenance of a local development scheme. The latter must set out the development plan documents that collectively make up the local plan for the authority’s area, their subject matter and geographic coverage and the timetable for their preparation and revision.

Including an authority’s policies for involving local people in the work an authority will do to survey its area will help local people understand and express views on the changes that may be taking place in the local population, which may influence the type of housing needed, for example, or in the local economy, which may influence the type of accommodation business may need. Changes such as these will drive the development needs of an area that any plan may need to address.

Requiring an authority to set out how it will involve local people when taking decisions on the development plan documents that it will prepare will encourage a discussion between the local planning authority and its community on whether communities may wish to prepare a neighbourhood plan as an alternative to one or more of the authority’s documents. The changes introduced by Clause 11 pave the way for more informed and equitable discussions between local planning authorities and their local communities about the future local growth and development of their area and the sorts of planning documents that will shape these changes.

Government Amendments 21, 22 and 23 will allow the Secretary of State to produce regulations which set out further matters which local planning authorities must address in their statements of community involvement. They will ensure that the Government can clarify further for communities, including neighbourhood planning groups and others, how they can play a role in the development of their area. For example, the amendments will enable the Secretary of State to require authorities to set out how they will provide advice to neighbourhood planning groups on the relationship between a neighbourhood plan and the plans that the authority has prepared or is preparing. This was an issue raised in the other place which my honourable friend the Minister for Housing and Planning committed to consider further. The amendment responds to that concern. It will also ensure that we can leave communities in no doubt that authorities will set out who they propose to involve and when and how they can get involved.

Government Amendment 130 amends the commencement provision in the Bill to ensure that the power to make regulations in Amendment 23 comes into force with the passing of the Act. I beg to move.

[Lord Greaves]

My Lords, these amendments are broadly welcome—I think. The devil will be in what the regulations say, of course, but if they are not as benevolent as the Minister is suggesting, we will have a row then. Otherwise I think they are all right.

[Lord Beecham]

My Lords, I am grateful to the Minister for enlightening me, if not other members of the Committee, as to the otherwise completely incomprehensible terms of Amendments 21 and 22. Not having been given a crystal ball to look into, I could not really understand what they were about, but he has partially explained them, for which I am grateful.

However, on Amendment 23, we are again in the business of secondary legislation. I do not know whether the Government have yet consulted at all on the regulations and whether there is any chance of seeing any draft regulations before Report, but it would be interesting to know whether they had embarked on a consultation with the Local Government Association, for example, about the contents of any such regulations. Again, it looks like the Government imposing a particular way of proceeding on local government, possibly without any real exchange of views about how that might best be achieved. As we know, other Committees in your Lordships’ House have expressed great concern about the increasing reliance on secondary legislation that all too often emerges without any real evidence of effective consultation about what it should contain.

[Lord Bourne of Aberystwyth]

I thank noble Lords for their participation in this debate. I thank the noble Lord, Lord Greaves, for his almost wholesale welcome, and I hope to avoid the punch-up—

[Lord Greaves]

The provisional punch-up.

[Lord Bourne of Aberystwyth]

The provisional punch-up, yes. I will certainly seek to avoid that.

I have some sympathy with the noble Lord, Lord Beecham, about the rather obscure, not to say Delphic, nature of the provisions; they took me quite a while to get through as well. With regard to more detailed information on policies and so on, we supplied some supplementary information to the Delegated Powers and Regulatory Reform Committee, which I will ensure is circulated to noble Lords to provide more detail on the thinking behind this.

We certainly want to ensure that we discuss the way forward on the issue. This provision was widely welcomed in the Commons, and it is our intention that it should be a means of ensuring that communities are properly involved. I do not think there is anything sinister here, so I am happy to share what documents we have and use them as a way forward.

Neighbourhood Planning Bill

Debate between Lord Bourne of Aberystwyth and Lord Greaves

Committee: 1st sitting (Hansard): House of Lords
Tuesday 31st January 2017 Grand Committee

[Lord Greaves]

My Lords, this is the important, high-level stuff. I raise what might be called the low-level stuff about the nature of the relationship between the local planning authority and its staff, its members and the neighbourhood planners. Does the Minister agree with my assessment that in some places it works very well and in others there is quite a lot of tension, difficulties and resistance on the part of the local planning authority? Would he comment on what might be done, without being too heavy-handed, to get local planning authorities to change their attitude where necessary?

While I am on my feet, the amendment refers to resources. As I understand it, the resources that the Government make available to a neighbourhood planning group, and whether it is a parish or forum, as the Minister referred to, is the same whatever the size of the neighbourhood. The neighbourhood may be quite a small village or a town such as Colne, which I know, which is embarking on neighbourhood planning. It has about 18,000 people and is quite a big town. People in small places are saying that the available grant does not pay for the process, so funds have to be found locally by a parish council or in other ways. Clearly, if my information is correct, the grant available in bigger places will not begin to cover this process, given that everything that the Government set out must be done for a neighbourhood plan costs money, as consultants may have to be brought in and so on. Will the Government look at that to make neighbourhood planning more financially viable than it is at present?

[Lord Bourne of Aberystwyth]

Some of these points go well beyond this amendment. Nevertheless, I accept that they are important. The noble Lord gave examples of how this process works at the coalface. I suspect that he is much closer to the coalface than I am in that regard. We need to be a little careful about setting up a system that stresses the importance of localism and these things being done locally, and then have central government stepping in and saying, “Do it this way”. As I say, there are growing pains. We may indicate in guidance how better relationships can be achieved. That is what I seek to do through the dialogue I am offering.

On the neighbourhood groups that may benefit from money for the neighbourhood plan and for modifications, I think there is money available if a case is made for an extra sum. If I am wrong on that, I will write to noble Lords. However, if a case can be made, I think there is access to additional funding. As I have indicated, the White Paper will say more about funding and the financial side more generally.

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[Lord Bourne of Aberystwyth]

My Lords, first, I will deal—in no particular order—with some of the points that were raised in relation to the government amendments. In relation to a point raised by the noble Lord, Lord Greaves, about Amendment 6, previously it has been open to neighbourhood forums and neighbourhood groups to ask for notification of planning applications. Amendment 6 makes it automatic. That is the difference: it will happen automatically; there is no need to ask. The concern has been that previously some things may have slipped through the net so that is the reason for that.

[Lord Greaves]

In relation to parishes, as opposed to forums, this is just a lot more words but it is no different from the present system.

[Lord Bourne of Aberystwyth]

It will be automatic notification. That is the key point.

Business Rates: Devolution

Debate between Lord Bourne of Aberystwyth and Lord Greaves

Wednesday 21st December 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the first point I make to the noble Lord is that, although new responsibilities are being talked about, he will recognise that a considerable amount of new finance will be generated by 100% business rate retention. We are talking about some £12.5 billion—a considerable sum. Yes, of course the discussion is both within government and, as I indicated, with our local authority partners.

[Lord Greaves (LD)]

My Lords, does the Minister agree that business rate income for local authorities can be quite erratic and unpredictable, particularly for small local authorities, owing to the large number of appeals against business rate valuations now in the system? Will the Minister take steps to speed up the process of dealing with such appeals? Does he understand that, for many local authorities, it is very difficult to plan a budget for the next year without putting aside a serious amount of reserve money—which could otherwise be used for services—as a means of mitigating potential risks arising from a reduction in business rate owing to appeals, which can involve the payment of refunds as well as reducing the current year’s income?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is right about there being an element of risk and volatility in the system. We are seeking to address both those points to ensure that we smooth the process. Risk from a single business on which a local authority was very dependent would perhaps create an issue and so would appeals, which, as the noble Lord indicated, can have an effect on cash flow. We are seeking to address both of those in discussions with local authorities. We also have a technical working group drawing on people from local authorities as well as from the DCLG and elsewhere to address the very issues that the noble Lord raises.

Planning: Brownfield Sites

Debate between Lord Bourne of Aberystwyth and Lord Greaves

Thursday 21st July 2016 Lords Chamber

[Lord Greaves (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and remind the House of my interest as deputy leader of Pendle Council.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, we strongly encourage the development of brownfield land, which has an important role in delivering new housing. We have taken steps to maximise the number of dwellings built on suitable brownfield land, including through the introduction of brownfield registers.

[Lord Greaves]

My Lords, brownfield registers are welcome but they do nothing to bring forward brownfield land in areas where building houses on brownfield sites is not financially viable, such as where I live in east Lancashire. You cannot make a profit by selling them and you cannot get your return by renting them, because the local housing market is so depressed and prices are so low. Do the Government understand that to develop brownfield land in areas such as this, where the market is not viable, gap funding is required? What are they doing to help local authorities provide such gap funding?

[Lord Bourne of Aberystwyth]

My Lords, first, I endorse the good work done by Pendle Council in east Lancashire on brownfield sites. On the comment the noble Lord raised, which was essentially about grant funding rather than loan funding, Pendle has applied under the starter home fund with regard to brownfield land, and I also encourage a look at the Lancashire local enterprise fund with regard to competitive growth deals, which would benefit the area.