(4 weeks ago)
Lords Chamber
Lord Jamieson (Con)
My Lords, we begin with the amendment standing in my name and that of my noble friend Lady O’Neill of Bexley. As we discussed in Committee, the right to buy has brought transformational benefits for 2 million families across the country. I do not wish to focus on the benefits to those who access right to buy, as I believe that case is inarguable, but rather I wish to debunk the argument against right to buy, which has focused on the loss of social housing.
Let me first be clear that we believe in one-for-one replacement or better, which was why I was pleased that the last Conservative Government introduced 100% retention of right-to-buy proceeds, which enabled councils, including my own, Central Bedfordshire, to deliver more council housing than was lost through right to buy. If this could spread across the country, there would be no loss of social housing. This should be the focus of the Government: delivering one-for-one replacement, not seeking to deny the opportunity to some of our most disadvantaged families to own their own home, which has proven to be one of the greatest mechanisms for social mobility in this country.
I turn to why right to buy can increase access to social housing. Some might find this counterintuitive, so forgive me if I get a little into the weeds. I refer to the Government’s impact statement, in particular to table four on page 24, which shows that, in 2026-27, the pre-November 2024 baseline was 8,050 right-to-buy sales supporting some 5,450 replacement homes. That is the “do nothing” scenario. It also shows that, once the restrictions are fully in place from this Bill and the legacy impacts wind down in the period 2031 to 2035, annual right-to-buy sales are projected to fall to around 1,100 a year, with around 1,450 replacement homes.
I applaud the Government’s ambition for one-for-one replacement—in fact, rather better than that—but, despite that, by the Government’s own analysis, there will be 4,000 fewer new social homes funded every year, or 6,600 if there were a one-for-one replacement. The Minister has argued that more social homes will be retained and, yes, there will be around 3,000 per year. Notwithstanding that this assumes a failure to deliver one-for-one replacement, I would like to examine the impact of this figure, because it ignores a critical factor. Retaining a social home does not mean that it is available for a new tenant. The family still live there; it is just that they have been denied the opportunity to own their own home.
Based on figures from the House of Lords Library, around a net 3% of social homes become available each year for new tenancies, so, of the 3,000 additional homes that are retained, only around 90 would be available each year for a new tenant. Compare that with the 4,000 new social homes if the current right to buy were to continue. The cumulative impact over 10 years would be 35,000 fewer families having the opportunity to own their own social home and, if the Government focused on one-for-one replacement, 65,000 families. As we discussed in Committee, when we are having a housing crisis, this will result in 4,000 fewer homes being delivered every year. Can the Minister explain how denying a home to 4,000 families a year fits with the Prime Minister’s announcement this afternoon about eliminating homelessness?
That is why we have tabled amendments which seek to retain important features of the existing framework, including qualifying arrangements, discount provisions and other safeguards that have formed part of the scheme for many years. Amendments 1 and 2 would protect those who are already secure tenants when the legislation comes into force. The principle is straightforward: existing tenants accepted their tenancy with a legitimate expectation that, after three years, they would become eligible for right to buy under current arrangements. It is one thing to change arrangements for future tenants; it is quite another to make retrospective changes for existing tenants. This is about fairness and a fair transition.
Finally, Amendment 6 is in my name and that of my noble friend Lady O’Neill of Bexley. The Government are proposing to retain a right of first refusal in perpetuity for the local council whenever a right-to-buy property is sold by the owner. The current position is 10 years, which seems proportionate. Perpetuity is a very long time. This raises multiple questions about inheritance, redevelopment, long-term blight and evidencing many years after the event that you actually did offer it. This is bad law and risks inevitable problems for the future.
There is a simple choice before us. Do we support aspiration? Do we support the opportunity for families to own their own home? Do we support increasing the availability of social housing for those on council waiting lists? Do we support building more homes in a period of housing crisis? Or, for ideological reasons, will the Members opposite deny tenants the opportunity of home ownership? Will they deny those on council waiting lists the opportunity of a secure and affordable social home, while cutting housebuilding? We should not seek to stop right to buy. The better approach would be to strengthen replacement, reinvestment and local delivery. I beg to move and look forward to the Minister’s response.
My Lords, I have Amendment 7 in this group and must once again refer to my interests as a retired member of a Somerset farming family which lets some houses on the farm.
During the passage of this Bill, I have explained how the shortage of affordable housing to rent in rural areas has had and continues to have long-term social and economic consequences for our communities. It has led to school, shop and pub closures and reductions in transport and other services—quite apart from the effect on the viability of local businesses. Traditional family and social networks have collapsed, and all this has been caused by a lack of affordable housing to rent in our countryside. We must protect this stock, both where it remains and where, hopefully, it is soon to be added to. I will not say any more about all this because your Lordships have heard it all before and I have had support from noble Lords on all sides of the House.
I thank the Minister and her team for meeting to discuss our concerns about how the strict interpretation in how Section 157 of the 1985 Housing Act was implemented resulted in over 60% of rural parishes being excluded from the exemption to the right to buy. Thus 60% of all rural parishes remained exposed to the near certainty of losing their council houses—and they did. We must not let this happen again. The problem was, and remains, that in the 1985 Act, Section 157 regulations require that local authorities apply to the Secretary of State for rural area designation of their rural parishes: that is, parishes that have a population below 3,000, with less than two persons per hectare. The problem was and is that few local authorities applied. Most local authorities did not realise that this was a requirement, had transferred their stock to a registered provider or did not have the resources to put together the necessary evidence. The point is that they did not apply and therefore we lost 60% of conforming rural parishes.
At our meeting with the Minister and her team, we all agreed that this must not happen again—hence my amendment, which I tabled in Committee and repeat here. We also agreed that it was not strictly necessary for the definition of a designated rural area to be in the Bill. Therefore, I agreed not to press my amendment to a vote, provided we had some sort of undertaking that, at least in the short term, all parishes that fitted the criteria could be included, whether or not their local authority had made an application following the 1985 Act. It would be unfortunate, to say the least, if the Government merely rolled over the post-1985 list of parishes with designated rural area status. I am counting on the Minister to reassure me on that point.
My Lords, my Amendment 9 asks for information that is necessary to understand the full situation. I had better declare that I rent a flat in a social housing block, which was presumably bought under right to buy.
In Committee, my noble friend Lady Bennett argued that the most effective way to protect our social housing stock is to abolish the right to buy. I also support that. Scotland abolished the policy in 2016 and Wales followed in 2019; neither has chosen to bring it back. Both Governments concluded that, in the middle of a housing crisis, preserving social housing for the future was more important than continuing a policy that reduced its supply.
I appreciate that the Government are not prepared to take that step in this Bill but, if that is the case, the very least Parliament should expect is a clear picture of how the policy is operating and what impact the changes it will make are having. The amendment would require the Secretary of State—whoever it is—to lay an annual report before Parliament setting out how many homes have been sold under right to buy, the receipts received by local authorities, how those receipts have been used and an assessment of the impact on the availability of social housing in each local authority. The reality is that, for decades, we have been selling social homes more quickly than we have been replacing them. Every home lost is one fewer home available for the next family on the waiting list.
Social housing should be seen as a long-term public asset, not simply a resource to be steadily diminished while demand continues to grow. Between 1980 and the abolition of right to buy in Scotland, almost half a million social homes were sold. The Scottish Government estimated that ending the policy would protect around 15,500 homes over the following decade. In Wales, Ministers similarly concluded that ending right to buy would help preserve affordable housing and give councils and housing associations greater confidence to invest in new homes. We may disagree on whether England should follow that path, but we can surely agree that Parliament should have the information needed to judge whether these reforms are having their intended effect.
I also welcome the amendment in the name of the noble Baroness, Lady Coffey, which would extend reporting requirements to include the right to acquire. If we are assessing the impact of policies that reduce the stock of affordable housing, it is sensible that the report should capture information from both schemes.
I acknowledge that some figures on right to buy are already published, including the total sales receipts. However, the Government do not publish the amount of those receipts retained by local authorities, nor does Parliament receive a single annual report bringing together sales, receipts, how those receipts have been used and the overall impact on the availability of social housing. This amendment would bring that information together in a single annual report laid before Parliament, enabling both Houses to scrutinise the real impact of these reforms and judge whether they are delivering their intended objectives.
My Lords, as heralded, I support Amendment 14 in the name of the noble Lord, Lord Best. As he said, I am particularly interested in the 12-week delay proposed here for rural properties. I will not explain again the vital importance of affordable housing to virtually every rural community or how vital it is that we retain each and every house, wherever and whenever we can—I have already been through all that. But once sold, it is difficult to replace those houses, as land and opportunities for new, affordable development are often scarce in the affected rural community, particularly where the landscape might be protected or where the adequacy of the local infrastructure, such as power, water and drains, is a restricting factor.
The problem is that, very often, such rural stock is old and in need of expensive modernising, particularly with the need to achieve energy efficiency and EPC targets. To make matters worse, virtually all rural homes have high market values, which, if they are sold, could pay for larger housing projects elsewhere. Incidentally, these higher market values are why we desperately need more affordable homes to rent in rural communities. The point is that the registered provider’s business case for these disposal decisions is quite hard to argue against; as a result, the evidence shows, as the noble Lord, Lord Best, has said, that there has been a significant increase in rural disposals over the last five years, particularly by larger registered providers.
If it was compulsory to delay and discuss the overall problems with the local housing authority, solutions might be found, as has already been mentioned. Could local authority funding help modernise the property or properties? Could local authority funding help build a replacement in the community itself? Maybe a package could be devised to attract Homes England regeneration funding? Given the large plots of some of these houses, perhaps everyone could get together to redevelop the site to provide more homes? The point is that such discussions and solutions are bound to take time; hence the demand in this amendment for a minimum of 12 weeks’ notice for these rural homes.
(2 months ago)
Lords ChamberMy Lords, I am most grateful to the Local Councils Network for its help with the amendments in this group in which I am involved. I am also grateful to the noble Baroness, Lady Coffey, for her support for a number of them. I am pleased to support the amendments put forward by the noble Lord, Lord Best.
Basically, the thinking behind all these amendments is that with social housing units that are sold off and disposed of, we are always in danger of losing a valuable social asset. So it is important that whenever a social housing unit is coming up for sale, everything is done to make sure that it is used as a unit for social housing, if it can be, and that we do not lose that in the community. I am not dealing with rural areas in my remarks, but I understand the importance of social housing units disappearing in rural areas.
There is also an issue with housing associations becoming larger and across wider geographical areas; they sometimes lose their connection with the localities because of their spread. Therefore, it is essential that where these sales and disposals take place, they are held to account.
I obviously support the amendment from the noble Lord, Lord Best. The noble Baroness, Lady Coffey, made the same point about extending the one month to two months so that the regulator can be informed and there is a proper period of time for whoever could purchase this social housing unit to look at how they can do it. In Amendment 45, we have put in some requirements for information about the housing unit, as to whether it is decent homes-compliant and on its energy performance. It is about getting all the details of the property together at the same time, so that the process does not become overbureaucratic and prolonged and can instead be quite straightforward.
The main amendments I have put forward in this group are Amendments 38, 41 and 42. These go further than just informing the local authority or other local housing association that a property is being disposed of, and would actually put a right to refuse in the hands of a local authority or the local registered provider to obtain the property at existing use value. It would strengthen the mechanism and the incentive for somebody to step in to save this property for social use, rather than allowing it to go out into the private market.
That is why these amendments are important: they would give the right of first refusal both to local authorities and to local housing associations to buy the properties. Social housing is very valuable, and we must keep it as much as we can. Obviously, there will be circumstances where it might not be appropriate, but these amendments are intended to put safeguards in and to give every incentive for a local authority or a housing association to participate and acquire these properties so we do not lose them as social housing units. I hope that the Minister will give very close consideration to accepting some of these improvements.
My Lords, I rise to support Amendment 46, and I start by thanking the noble Lord, Lord Best, and the noble Baroness, Lady Thornhill, for their support.
As I explained at Second Reading and as we have heard already today, the shortage of affordable housing in rural areas has had, and continues to have, long-term social and economic consequences for our rural communities. It has led to school, shop and pub closures and reductions in transport and other services, quite apart from the effect on the viability of local businesses. Traditional social networks have also collapsed, and recent evidence now suggests—as the noble Lord, Lord Best, said—that the lack of supply caused by low levels of new provision of affordable housing to rent is being exacerbated by registered providers disposing of their rural stock. Very often, this rural stock is old and in need of expensive modernising, particularly the need to achieve energy efficiency and modern EPC targets. Furthermore, to make matters worse, they are often high market value rural homes, whose sale receipts could possibly help pay for larger housing projects in more accessible locations that offer economies of scale without the extra costs and complexities of small rural schemes.
The business case for these disposal decisions is irrefutable, but the evidence suggests that these decisions are not recognising the important role that an affordable home plays in a rural community. The evidence shows that there has been a significant increase in rural disposals over the last five years, particularly by the larger registered providers. Once sold, it is difficult to replace these homes in the affected rural community, as opportunities for new affordable developments are scarce, particularly in high-value landscapes or areas affected by ecological constraints or in coastal areas.
There is a need for both our amendment and the Government’s existing Clause 11. The Bill’s current amendment to the Housing and Regeneration Act simply requires registered providers to notify local authorities of a disposal, but with very short notice, as has been noted. It would not prevent such disposals, nor open the opportunity for the registered provider and the local authority to explore other options that would avoid the disposals in rural communities, where these may be the last social housing in a rural area.
My amendment would give the rural local authority early visibility of stock conditions, asset plans and disposal strategies and would enable local authorities to plan for likely losses as well as new supply. It would open opportunities to consider purchase, retrofit, renovation, rural regeneration or other interventions before homes and land are lost permanently. Could local authority funding be available to fund replacements in the communities concerned? Could local authority funding help modernise the property or properties, making a sale unnecessary? Perhaps a package of rural sales and rebuilds could attract Homes England regeneration funding. Or, given the large plots of some of these homes, could everyone get together to redevelop the site to provide more homes?
In effect, this would be a pre-emptive stage before any decision to sell is taken. I hope that this kind of information sharing would also lead to a better partnership working between registered providers, local authorities and community stakeholders. However, I should say that to find the right solutions takes time—hence the need in our amendment for a 12-month notice.
As it stands, the current amendment in Clause 11 is more suited to non-rural areas, where there is more social housing and there are more opportunities for replacement. A disposal in these locations would not be as catastrophic as losing the last affordable home in a village or undermine the local authority’s strategy priority to support rural affordable housing delivery and sustainable communities. The notification of a proposed sale will still be important, giving the local authority some time to consider repurchase or using resources to bring a home up to standard. However, I am very concerned that four weeks is a totally inadequate period for local authorities to master the necessary resources for these actions; even 12 weeks would be pushing it. In rural areas, where a long-term strategic approach is necessary, I believe that constant communication and at least 12 months’ notice of an intention to sell will be the least amount of notice necessary.
My Lords, I will say something about disposals, but as this is the first time I have spoken in the debate, I will make some general comments in support of the Bill.
Social homes are a vital resource for low-income families, and the current system has depleted that stock for decades. I therefore welcome measures in this legislation to protect social housing stock by reforming right to buy. With over 170,000 children currently living in temporary accommodation, it is essential that social homes are protected so that housing associations and councils have the confidence they need to build more social homes at pace. Measures to increase the minimum qualifying period for right to buy to a period of 10 years, reform right to buy discounts and introduce a new 35-year exemption for newly constructed social housing will boost councils’ confidence to build while ensuring that right to buy is more sustainable and better value for taxpayers’ money.
The proposed reforms to right to buy in this legislation have been broadly welcomed by the social housing sector. That is because the current system is not sustainable; it has led to a depletion of social housing stock that is desperately needed, as several others have said. Councils in particular have been unwilling to invest in new social homes that may be quickly sold at a discount.
Amendment 4, tabled by my noble friend Lady Taylor, seeks to remove right-to-buy eligibility from residents who own other residential property. It is a sensible measure to ensure that a new, reformed right-to-buy system is fair, proportionate and offers value for money.
(2 months ago)
Lords Chamber
Lord Fuller (Con)
My Lords, before I speak to my Amendment 19, I would like to support my noble friend Lord Jamieson in his promotion of Amendment 25 in respect of rural areas. I have been in enough debates in this House to know how hard it is for the term “rural” to be defined. The lamented right reverend Prelate the Bishop of St Albans entertained us all with a debate about 18 months ago on what rurality meant. There is no definition within the Government or in this country of “rural”. There are a lot of contended assertions that rurality might be this thing or that. So unclear is the term that the Bishop commissioned his own research, and we debated it. I am bound to say that we were no further forward at the end than at the beginning—although last week, in the debate on the rural economy, as the noble Lord, Lord Katz, who is in his place, will recall, I advanced the definition of rural as that place where at 11 pm you cannot get an Uber to take you home from the pub, because in the sticks we do things differently. I make this point because if we are to have the term “rural” in Clause 7, it should be much more tightly defined so that we know exactly what we are getting and it goes beyond, “Can you get an Uber or not? Are you in the town or not? Where does the town begin? Where are the suburbs?”, and so forth.
I have made that point, and I now want to dwell on my Amendment 19. I am trying to be helpful here, because later, on Amendment 52 in the next group, I will talk about the concept of locality and recycling the right-to-buy receipts. It has been said that locality is not part of this Bill, but here it is in Clause 7, where the right-to-buy carve-out exists for social homes in national parks. Those places have some of the greatest housing pressures, as well as restrictions on new build, because new homes are restricted in national parks.
My amendment aims to be helpful, because when we had the ministerial drop-in before Second Reading there was a slip of the tongue. The words “national parks” and “national landscapes” were used interchangeably. I have taken that as my cue, because Clause 7 mentions areas of outstanding natural beauty. I am entirely in accordance with those, but there are only 34 areas of outstanding natural beauty, whereas there are 46 national landscapes. Collectively they make up 15% of England, and there are other places in Wales, such as the Gower, and in Northern Ireland there are about half a dozen, including the Antrim Coast and Glens.
I am seeking to avoid confusion between what I believe is the old term—areas of outstanding natural beauty—and the new term, now preferred by government: national landscape. That is why my proposed new sub-paragraph (1)(aa) would make it clear that where there is a national landscape, which includes areas of outstanding natural beauty, covered in new sub-paragraph (1)(b), it really means national landscape. This small amendment seeks to extend the provisions of Clause 7(3) from national parks, to avoid leaving a gap between them and areas of outstanding natural beauty. This should provide the clarity and certainty to make it consistent with the Government’s new nomenclature.
My Lords, I will speak to my Amendment 20. Before I do so, I must refer to my interests for the purposes of this Committee as a retired member of a Somerset farming family which lets some houses on the farm. I thank noble Lords who have supported this amendment, notably the noble Lord, Lord Best, and the noble Baronesses, Lady Thornhill and Lady Royall. Unfortunately, the noble Baroness, Lady Royall, who is not in her place, was late with her timing so did not make it to the Marshalled List.
At Second Reading I outlined the affordable housing crisis—I do not think that is overstating the case—that has overtaken many parts of rural England, and how rural housing waiting lists are larger, or are growing faster, than their urban equivalents. I explained that rural communities, rural social networks and even rural services have broken down, while the rural economy is stuttering, with businesses finding it harder to recruit their necessary workforce, and how all this is caused by a lack of affordable housing in the countryside. So it is vital that the local authority housing in rural England is protected from the right to buy.
(2 months, 1 week ago)
Lords ChamberMy Lords, this new town agenda is very exciting. It is a chance for us to create new, high-quality communities for the 21st century, where the quality of people’s lives will be boosted by their surroundings: places where people can live, work and play and, above all, be inspired. But this agenda needs to be driven. It needs dedication and a degree of government urgency, which seem to be currently lacking.
I am now convinced that success in politics is not so much about what you believe in and more about whether you are able to get things done. But such is the risk aversion within Whitehall and Westminster, that it is now only by exceptional enthusiasm and drive that you can achieve anything. So a forward-looking agenda such as this new town agenda needs inspirational leadership and the will to drive it forward. It is not a controversial agenda. Who can deny that we need new housing? Who can deny that we need well-built, carbon-neutral communities, surrounded by a renewed and biodiverse environment? Who can deny that we need communities that bring people together, provide a high percentage of affordable housing, and make people proud to live there? We need communities with the best health and education services, sports facilities, and places to meet and chat for all ages.
What do the Government need to do to make this happen? They have to commit leadership and inspiration to overcome local opposition—or, actually, to inspire such opposition to see the very real possibilities for a good life for their children or for themselves in their old age. The message is that high-quality design and well-built buildings with trees and green spaces might even be better than the farmland that they had before—and I speak as a farmer who loves our countryside.
If some of today’s voters do not get it, I point out that our committee recently conducted a school survey on new towns, and 900 children responded; that is the highest response rate the engagement team has ever had. I can report that if today’s voters are less than enthusiastic, tomorrow’s voters are hugely enthusiastic and have loads of ideas about creating communities fit for tomorrow.
Turning to the economics, I am afraid that, even in these stringent times, the Government have to commit money, either through investment or, preferably, by loan guarantees. The land value uplift and the initial sale of houses will not provide enough to get these inspirational schemes off the ground—although, after 20 to 30 years, the development corporation should be able to turn a surplus. I am afraid that the Treasury has to get involved, and, if PPP is the latest answer for translating vision into reality, go for it. It is not like previous PFI hospitals and so on, which were derided for lumbering future generations with debt. These new town projects will turn a profit. It is just the first 30 to 40 years that are difficult; everyone benefits, eventually.
More than the Treasury, the Government need to get all the departments on board. Before the first house can be sold, there have to be good medical services available, so that is the Department of Health; good educational services, schools and perhaps even a training college, so that is the DfE; good local transport that fits into national transport, so that is the DfT; and good police and fire services, so that is the Home Office. There also has to be a commitment from the private sector that it can provide the shops, pubs, cafés and restaurants that will make these places truly vibrant—that is the PPP bid. All this investment commitment has to be spelled out by our political leaders ASAP. It is not complicated; it just needs vision and commitment.
There is nothing in our report to frighten the horses—in fact, quite the opposite. Everything we say looks forward in a positive way, yet, in spite of this agenda being a manifesto commitment, two years after the election the Government’s response to our report was at best lukewarm. However, I am pleased to say that, in recent weeks, there has been a bit more spark coming out of the department, so let us hope that this develops into a veritable blaze of enthusiasm and drive.
(2 months, 2 weeks ago)
Lords ChamberMy Lords, I first declare my interest as a retired member of a farming family who still rent out some domestic property.
I cannot say how much I welcome this Bill. For over 40 years now, I have been struggling against the almost total lack of affordable housing in rural areas and trying to limit the damage done to our rural communities by the right to buy. It has been obvious to me for some time that however much we allow for the building of new homes in the countryside, we will never get to the point where less well-off rural families will be able to buy their own homes. Why should they have to buy? Why can they not rent?
The answer to that, at the moment, is that there are hardly any houses to rent in rural areas. There are some housing association rentals but very few private landlords—usually farmers with spare cottages. As rural house prices soar ever higher than their urban equivalents—research shows that a village house can cost over 50% more than a similar urban dwelling—the sale of these rural rented houses becomes ever more likely and puts them ever more out of reach of local working families.
As I have said many times in this House, the answer lies in the provision by local authorities of affordable housing to rent. Council houses really worked. I stress the very real need for more rural council houses. Currently 17% of the population live in rural areas, but they receive just 7% of any new affordable homes. Rural council houses were among the first to go under the right to buy in the 1980s—who would not want to live in the countryside? There are hardly any such houses left now. There are currently 306,000 families on rural housing waiting lists, and Defra research indicates that council house waiting lists in mainly rural areas increased by 32% in the four years to 2023, while in the same period there was no increase in predominantly urban areas.
The effect of this has been disastrous for rural England. It has led to rapidly ageing communities, a loss of local services, a breakdown of social networks and a complete absence of the necessary vigour that young families give to any community. Lack of housing has also undermined the rural economy, making it harder for businesses to find a good workforce and ultimately making it harder for any remaining workforce to find businesses.
The rural housing crisis—I emphasise that word—is now of epidemic proportions, and this Bill could be like the arrival of the long-awaited first ambulance at a rural motorway pile-up. Note that this is the first ambulance; there is a lot more to be done.
I will briefly run through some of the Bill’s clauses. Extending the qualifying period from three to 10 years is good. I would have gone for 12, but 10 is good. Reducing the discounts available is good. Extending the period from five to 10 years when a discount given to a purchaser can be reclaimed from a subsequent sale is also good.
On Clause 6, I approve of the right of first refusal up to 20 years. While we need more of all types of housing everywhere, it seems right to allow social landlords to retain what was social housing within the sector. Rural England attracts rich retirees buying into the market whenever and wherever they can, so such a right of first refusal will be very useful.
Clause 7, exempting all our national landscapes from the right to buy, is good. I hope that the reference to exempting areas designated as rural by the Secretary of State applies to any community with a population of under 3,000, as in the 1996 Act. I would be grateful if the Minister could confirm that and am happy if she wants to write.
Also in Clause 7, I was surprised that the exemption for new housing is as high as 35 years. That would seem a bit long if you are at all interested in any form of social mobility, but I understood it when I got to Clause 9—if there had been any doubt that the local housing authority would not be in receipt of the sale proceeds from the right to buy in the future, it will need a long time to get some return from its new housing investment. To me, Clause 9 is the weak point of the Bill. I detect the obfuscatory hand of the Treasury all over it.
There was—and is—nothing wrong with the right to buy. There was just no long-term thinking about the way it was introduced. By far the biggest problem with the old right to buy was that all the sale receipts went to the Treasury and the local housing authority never saw the money. It could therefore never reinvest; it could not waste council tax money on building council houses, only for them to be bought out below cost, at a discount, a few years later. Clause 9 is a golden opportunity to definitively put this right.
I am not convinced by the anti-hypothecation arguments of the noble Lord, Lord Young. There is no right to buy in hospitals or nuclear power stations, to use his examples. We will not lose those assets from their use by society as a whole, but we have lost all our council houses from society as a whole. If we are going to replace that loss, we need to change the way that we do things. We do have a housing crisis.
I am assured that all receipts from the right to buy will, in future, go to the local housing authority—so why not just say so? Clause 9 is so hedged about with ifs, what-ifs and what-nots that it appears that the Treasury is keeping open the right, in future, to once again steal money from the local authority housing budgets, as it has done for the past few decades. I know that that is rather simplistically put but, if we are trying to solve a long-term housing problem, please let us think long term. We must state firmly in the Bill that all receipts from the right to buy belong to the local housing authority or the housing provider. They should be ring-fenced for future local housing investment.
To sum up, I approve of the Bill, but only if it leads to widespread investment in rural council houses in the future. I am for ever hopeful.
(4 months, 3 weeks ago)
Lords ChamberMy Lords, I have put my name to Amendment 310 under the welcome leadership of the noble Baroness, Lady Royall. I declare an interest as a retired participant in a mixed family farming business in Somerset.
In Committee I spoke at length on the very real need for some form of rural-proofing or rural duty, preferably even a rural commissioner, where a strategic or combined authority had any rural communities within its boundaries. I will not repeat what I said then or speak at such length, noble Lords will be glad to hear, but things are very different in rural England compared with urban England. The needs are different and the solutions to those needs are different. Without some form of rural thinking at the seat of power, rural communities will inevitably lose out if they are poor and need special attention or, at the other end of the scale, if they are enterprising and need help to fulfil their potential.
Rural communities have lost out for decades from not having any clout, rural-proofing or consideration at the various seats of power. We touched on these issues in Committee; some have been raised already in this debate. First, houses are more expensive and wages are lower. In many rural communities there are no houses to rent or buy unless you are very rich. It is a serious rural problem.
Secondly, on transport, how do you get your children to the doctor, to local football training or to the local HE college without an extra car in your family? The answer is that you cannot. Local political administrative thinking needs to take this into account.
Thirdly, on energy, most rural houses have poor insulation and very rarely is mains gas available, so you have to have more costly forms of heating—oil, electricity or bottled gas. The Government have recognised this in recent days, and we are very grateful for that.
Fourthly—this is the most convincing one—there is higher council tax. Central government support for rural local authorities, despite delivery of services being more expensive in rural areas—is 40% less per head compared with the towns, which is why rural council tax is on average 20% higher per head than in urban areas and is about to get worse. This is caused by the fact that there has never been a proper rural voice in central government, which supports the point we are making.
These are some of the shortcomings that rural dwellers have to suffer, but there are also missed opportunities. For instance, in delivering training for entrepreneurs, how do you reach out to the various different businesses that exist many miles distant from each other? How do you set about pumping new life into the various market towns in your area? It is amazing what can be done in this respect by, for example, finding a business theme that can inspire visitors and customers. For instance, there are food festivals at Padstow, which is near me in Cornwall, and at Bridport in Dorset; there are culture festivals, such as those at Hay-on-Wye, Broad Chalke or Cheltenham; or those on art, as at St Ives, again in Cornwall. But there could be garden attractions, nature tours, beer festivals or a major town attraction to attract footfall in its various forms.
I remember visiting, a few years ago now, a small town in central France that had a massive sports centre with a swimming pool, ice rink, gymnasium and climbing walls—note the plural. As a result, every day the town and shops were humming with families who had come from far and wide. The possibilities are endless, but you need a rural focus to help kick-start them and provide some pump-priming funding. In essence, this issue has at its heart both deprivation and need, as well as opportunity and possibilities. It should not be ignored.
Finally, I remind noble Lords that the Bill is called the English Devolution and Community Empowerment Bill. What we are trying to do here is to empower rural communities. I would be appalled if we missed this opportunity to empower our rural communities, when it is such an easy change to make.
My Lords, I will speak in support of Amendment 310 from the noble Baroness, Lady Royall of Blaisdon, while also supporting all the other amendments in this group. I declare my interests as a vice-president of the Local Government Association and of the Town and Country Planning Association, and as an honorary member of the Royal Town Planning Institute.
Amendment 310 would create a duty for strategic authorities to consider the needs of rural communities. It specifically covers land use, development of land and regeneration, housing, employment, health and well-being. Several noble Lords have made the point that there are quite different considerations for these functions when addressing rural needs as opposed to those of urban communities. For example, on housing, many rural areas will see competition for available accommodation from those commuting from elsewhere, from rightsizing retirees and, in many places, from second-home buyers and those letting on a short-term basis of the Airbnb variety. Yet, on average, social housing accounts for just 11% of homes in rural locations, compared with 17% in the country as a whole. Younger people brought up in the locality, including those badly needed for public and private sector jobs, are forced to move away to find somewhere affordable.
On land use, there will be severe constraints on rural areas including green belts, areas of outstanding natural beauty—now known as national landscapes—and local constraints. But urban-rural differences apply to opportunities as well, as the noble Lord, Lord Cameron, said. For example, rural exception sites allow development that would not be permitted elsewhere, and there are opportunities to work with major landowners.
In many respects, there are substantial differences that require different policies and actions for rural communities, yet these communities are likely to comprise only a small fraction of the total population of a mayoralty or combined authority, and pressing priorities from the majority urban areas may drown out the rural voice. A duty to take on board the needs of rural communities would counter this imbalance.
Of course, the mayor or the combined authority could take a far-sighted approach to embracing the rural agenda for their area without any legislative prompting, but this is by no means guaranteed. The amendment provides the safety net that would make sure that rural issues are not neglected in places where towns and cities dominate. I strongly support the amendment.
(6 months, 3 weeks ago)
Grand CommitteeMy Lords, I, too, support Amendment 46, particularly the reference to the land use framework. The point about the land use framework is that it is not a dictatorial thing; it is not saying, “Thou must do this or that” or “Thou must grow that”, or whatever it might be. It is definitely a framework, but on the other hand there is no point in having a framework unless it is part of the thinking from the top to the bottom of government—central government to regional government to local authority and everything in between.
I should also say that a land use framework is not necessarily a fixed event. It is not going to be cast in stone for ever and it should be open to review from time to time. I would have thought that three years would be the right sort of time. However, it needs to change according to events, including world events. Do we need more homegrown food production as a result of current world politics? Does the latest research tell us that our biodiversity is still receding, running away from us? Does the international situation indicate that we need more homegrown green power or more homegrown timber? That is important. The noble Baroness, Lady Young, and I have just come from a meeting where it was indicated that the Government’s long-term housebuilding programme could very much depend on our ability to produce the relevant timber products needed. What would be the point of a land use framework if regional and local government just continue to do their own thing regardless? Therefore, the amendment tabled by the noble Lord, Lord Lansley, is crucial to the efficient management of that very scarce UK commodity—namely, our land.
The noble Lord, Lord Cameron, said that it would be unhelpful if regional and local government continued doing their own thing. I think that this is an important debate and I look forward to the Minister’s reply, but the Government might look at the powers that existed with regional development agencies until 2012, in terms of spatial development strategies and the land use framework, when a lot was done. They might revisit that to make sure that everyone going off to do their own thing—the point raised by the noble Lord, Lord Cameron—is avoided.
(6 months, 4 weeks ago)
Grand CommitteeMy Lords, I shall speak to Amendments 7 and 128 in the name of the noble Baroness, Lady Royall of Blaisdon. They are supported by my noble friend Lord Cameron of Dillington and the noble Baroness, Lady Bennett of Manor Castle. I declare my interests as a vice-president of the Local Government Association, a vice-president of the Town and Country Planning Association, and an honorary member of the Royal Town Planning Institute, and I was once a rural development commissioner.
These amendments would add rural affairs to the areas of competence for strategic authorities and require those bodies to have regard to the needs of rural communities. As the noble Baroness explained, these amendments would ensure that rural areas are not overlooked in the affairs of mayors and combined authorities in relation to the use and development of land, regeneration, housing, employment, health and well-being. The fact is that rural areas have distinct characteristics, but rural communities are likely to comprise only a small fraction of the total population of a mayoralty or combined authority. The amendments would ensure that the needs of these localities get proper consideration.
I shall illustrate the kind of differences that distinguish a rural area from the rest by reference to the all-important housing matters that affect so many households in these places. They are very likely to be areas of lower incomes and higher house prices relative to the rest of the strategic authority area. The local population also faces extra competition for available accommodation from those commuting from elsewhere, rightsizing retirees and, in many places, second home buyers and those letting on a short-term basis of the Airbnb variety. Yet the amount of social housing is appreciably lower: about 11% for areas classified as rural locations, compared with 17% for the country as a whole. The right to buy has removed a larger proportion of council housing in these areas, and many villages now face a virtual absence of affordable homes for those born and bred in the area or needing to live there for family, caring or occupational reasons. Without affordable homes, rural communities can die. Recently, I chaired the Devon Housing Commission, which made important recommendations in relation to the strategic advantages of combined authorities. It also gave clear warnings of the huge significance of housing pressures for those living in rural areas. Since rural housing schemes are mostly small, they do not trigger the obligation on house- builders to include any affordable accommodation.
Set against these many disadvantages facing rural areas, there are positive opportunities that can uniquely help to address their different circumstances. Rural exception sites allow development that would not be permitted elsewhere. Rural housing enablers can help match social housing providers with landowners. Special grants are available from Defra and Homes England, so on the plus side as well, things are different for rural communities. The danger is that these distinctions are not taken on board by authorities which have very many other matters on their plates. Hence the value of these two amendments in requiring attention to be given specifically to the special aspects, good and bad, facing rural areas, as illustrated by my housing example. These amendments would ensure that these areas get the priority they so clearly deserve and I strongly support them.
My Lords, I support the amendments in the names of the noble Baronesses, Lady Royall and Lady McIntosh, to all of which I have added my name.
First, I must declare my interest in that I still have a family farming interest in Somerset, although I am now retired and live in Cornwall. I must also declare an interest—it is more of a perspective, really—as having been the Prime Minister’s rural advocate under a previous Labour Government. I was charged with representing rural interests in the Blair Government and often reported directly to the Prime Minister himself, especially during the foot and mouth disease outbreak at that time, which caused major problems—both social and economic—for rural areas. At that time, I was also charged with producing an annual rural-proofing report for the Government. Believe me, it was badly needed—and still is, in my view. The Social Mobility Commission recently reported that inter- generational poverty in rural England is now as bad, if not worse, than in our most deprived urban slums.
I might add, just to prove my Cross-Bench credentials, that I was also asked to produce a one-off rural-proofing report for the Conservative Government some 10 years ago. I should say that I had more difficulty with the latter role than the former. No sooner had I produced my 2015 report outlining the important job that the rural affairs section of Defra had to play in the agenda than the department, under Liz Truss—she of sound judgmental fame—virtually closed down the rural affairs section, so the Department for Environment, Food and Rural Affairs ceased to be Defra and became just Def.
I am glad to say that those times are now over and the voice of the countryside is once again being heard. Defra still seems to be a slightly shy promoter of the rural voice in MHCLG, the Department for Transport, the Department of Health, the Department for Education and, above all, the Treasury. It needs to be saying again and again, “Hey, what about our agenda? What about those who live in the countryside?” In the same way, such a voice is needed, or is going to be needed, in the new strategic authorities. Mainstreaming rural issues into policy-making and decision-taking is fundamental to enabling all strata of rural society to engage fully with modern life; and to ensuring that rural businesses, which are the lifeblood of these communities, can thrive in even the remotest parts of England. Of course, having a rural voice at the top table—or, at the very least, a duty to consider rural needs in each and every region—is absolutely key to this agenda.
There are more VAT-able businesses per head of population in rural England than in urban England. There are more manufacturing businesses in the countryside than in the towns—per se, not just per head. The percentage of self-employed people in the countryside is also more than in the towns, especially—this is why I am particularly proud of my fellow country folk—among those who are below the poverty line. This proves to me that we country folk desperately want to stand on our own two feet, but we need help to do so; we need help to release that entrepreneurial spirit.
As was touched on by the noble Lord, Lord Best, housing problems in most rural areas are worse than in towns. There are few affordable houses left. The houses are more expensive and wages are lower. The houses tend to be less well insulated and heating costs are higher; mains gas, for instance, is rare in rural areas. Of course, the solutions are different there than in the towns, but I will not go into that here.
Training and skills problems are also different. How does a young person get to their class in their college 15 miles away when there is no bus? There might be one at 11 am or once a week on a Tuesday, for instance, but that is of no use to anyone. After college, how do you then get your first job? It is probably 10 miles away or more. It is a rural Catch-22 situation: you cannot get a job without a set of wheels, and you cannot get a set of wheels without income from a job.
Again, there are solutions to these problems, such as Wheels to Work, but the solutions need knowledge and need thinking about, along with a drive to push them through. For that, you need someone at the top table to tell it as it is—someone who is perpetually thinking about rural issues to ensure that the right policies are put in place. We need to try to create local jobs in as many communities as possible. That means improving connectivity, broadband and mobile services, as well as enabling planning policies; again, both of those are large subjects that I will not go into here.
The point is that ordinary life in rural England—shopping, doctors’ visits or even sports for the kids—is immensely hard when the only, but vital, family car has gone to work with the breadwinner. This lack of a car also means that kids at many schools miss out on all the extracurricular activities—football, sports, drama, music, et cetera—because they have to be on that school bus which takes them back to their rural village immediately after lessons are finished.
Also, rural households in poverty experience what academics call a rural premium, with living costs some 14% higher than for their urban counterparts, according to the academics. There is no cheap mains gas, which I have already mentioned, but only Calor gas or electricity; there is only older housing stock with poor insulation; food, clothing and transport costs are consistently higher; and there is limited access to childcare, healthcare and other basic services. All this compounds financial vulnerability. Thus, I say again that you need someone who understands all this, and who can speak up for rural interests when decisions are being taken at the top table.
Another factor which underlines the need for rural focus or a rural commission in these strategic authorities is the desperate shortage of government funding for rural areas. Although it is quite obvious to anyone who thinks about it that it costs more to deliver services to remote and sparse populations, central government funding for rural councils is on average 40% less per head of the population than for urban authorities—yes, 40% less per head. This differential is about to get worse under the so-called fair funding review. Therefore, a rural commissioner, or at the very least a duty to consider rural communities, is desperately needed to find ways of minimising the harm that such urban prejudice imposes on rural people.
This prejudice already results in rural council tax payers, for instance, having to pay on average 20% more per head than their urban cousins. For too long, I have been knocking my head against this concrete wall of prejudice against rural areas—too long to think that there is any chance of actually changing the financial situation. That is why I believe it will require a real rural understanding and focus to come up with the imaginative solutions which are so desperately needed to correct this long-standing imbalance.
It is crucial that mayors should have to appoint a commissioner for rural affairs whenever there is a rural element in their bailiwick. It has to be someone who can promote new jobs and make the necessary links. As I say, I know from experience that such a person can make a big difference to the quality of life for many people, whether it be in business, sport, transport, education, health or housing; or whether it be for the young, old or those in between. The countryside deserves a voice at the top table, and I believe these amendments will provide it.
My Lords, I support these amendments. I am absolutely fascinated by this debate. For most of my life I have lived in a city, and most of my friends think I am a city slicker. The truth is, however, that I was brought up in a rural community in a fairly remote part of north-east Essex in a rather lovely village called Great Bentley. In the time that has elapsed since I was brought up there over 50 years ago, the village has grown but it has also changed. Over that period, there has been a gradual removal—or a gradual eradication—of local services. There is a doctor and a primary school, but we used to have a very regular bus service, a whole range of small retailers, a chip shop, access to a bank and all the rest of it. Now, however, they have been in retreat and have disappeared.
A few years ago, I chaired a Co-op Party commission on restoring rural services and what we needed to do to reimagine what modern reality would look like, because you cannot just reflect on the past and say that was a glorious time; you have to look to the future in planning services. The noble Lord, Lord Best, made a really powerful argument about rural housing. I was lucky enough to be brought up in a council house in my village, and now very few people in that village have access to social housing. The percentage of the population that has is much reduced, probably 4% or 5%, and there are many people who are excluded from the jobs market because of that fact. We need to address that imbalance.
(9 months, 2 weeks ago)
Lords ChamberMy Lords, a similar amendment to this was brought forward in Committee and very ably spoken to by the noble Lord, Lord Cromwell. The problem the amendment tries to resolve is the fact that the Government’s powers of compulsory purchase are being used and abused by private operators. The Government quite rightly have statutory powers of compulsory purchase for developing our infrastructure. But in recent years the statutory bodies responsible for building this infrastructure have been delegating, or outsourcing, these powers of compulsory purchase to private operators that are abusing the system for their own private gain. There are numerous examples of the use of bullying tactics and scandalous delays in payment.
In Committee the noble Lord, Lord Cromwell, highlighted some of the appalling aberrations and bully-boy tactics that are currently prevalent in the system, which only seem to be getting worse. I will not repeat the examples he gave, but bad behaviour is not hard to find, involving a range of statutory bodies from highway authorities to water companies, electricity operators and, of course, railway companies—HS2 being a prominent offender.
I will not detain your Lordships with too much detail, but it cannot be right that householders should, for instance, be given three months’ notice to leave their homes and get offered only 90% of the market value, and that they often get paid long after the three months are up. How can they buy an equivalent new home for themselves and their family under those circumstances?
It cannot be right that businesses, farming or otherwise, can be threatened with either temporary or full-time confiscation of their premises without the upfront—I stress that word—full compensation for what they are losing. I may also say that, in the case of HS2, many of the businesses involved in a cancelled section—cancelled over two years ago now—have yet to see either their land back or proper payment for their property. In the private sector you have to pay 100% up front before you can take occupation of a house or land on a farm. All we are asking for is for compulsory purchases to be bound by the normal code of conveyancing practice. You should not be allowed to chuck a family out of their house or off their land without giving them full compensation before you do so. These people have done nothing wrong. They just happen to have found themselves living or working in the wrong place. Furthermore, the dispossessed should have an easy means of recourse if the code of behaviour is abused.
A flagrant HS2 example which I came across recently involves a commercial site in Birmingham where HS2 took over the property of a partnership over seven years ago now. Six months after the purchase, HS2 had paid the partnership only 20% of a conservative value put on its property by its bank. I should point out that banks never overvalue property; they would not survive if they did. Well, some of them did in 2008, and we all know what happened then. A spokesman for that partnership told me:
“Our sense is that HS2’s strategy has been to seek to delay payment for as long as possible. They have used the letter of the law to obfuscate and avoid meaningful interaction with us at all times. At no point has there been a genuine desire to settle this case or even to meet to share information and views. As a result, we are likely to incur thousands of pounds, tens of thousands of pounds, on legal costs, trying to drag them through the courts to force their hand”.
Involving slightly less money, I give your Lordships an example from Wales which came to me just last week. I quote from the lady farmer involved:
“Our farm has been in our family for four generations and includes an eco-campsite by the Colwyn Brook Marshes SSSI, a protected wetland habitat supporting rare species. On 7 July 2025, a Land Agent called to say that Green Gen Cymru (part of Bute Energy) planned to conduct surveys during the weeks of 14 and 28 July—our busiest period. He said they intended ‘to make an example out of somebody’ and would issue a summons and seek costs if access was refused.
On 29 July, Green Gen representatives arrived unannounced at our campsite shop saying surveyors would arrive on 31 July but they could not confirm where or when. I showed them our map and asked them to identify the survey areas—they refused. I explained that we offer our guests open access to our land while ensuring that environmentally sensitive sites were properly protected. Despite this, I was told that legal action would be taken if we attempted to obstruct the surveyors, and that the energy company would seek a warrant and pursue court action if we refused access.
The next day, I was told by email that the surveys had been deferred. I thought this was because they’d had second thoughts, but then we found out it was because they had already been. Hidden wildlife camera footage showed them walking through the Colwyn Brook SSSI in dirty boots and overalls, having entered my land on 29 July. No biosecurity measures were followed. And when I reviewed the CCTV footage, I discovered that the surveyors had also been in the stream below our house—despite assurances that no surveys would be carried out”.
These are the sorts of cowboys that are being let loose with government powers across our country. There are now 300 cases looming against Green GEN Cymru of a similar nature. What we all want—at least, what I want—is for the compulsory purchase system to work as effectively and as speedily as possible. That would be so good for our infrastructure, our economy, our economic growth—everything that this Bill is trying to achieve. But there are too many cowboys involved, using state powers to manipulate the system to their advantage.
The compulsory purchase system is, in the opinion of many, lurching towards a crisis. It is now looked on with suspicion by all involved. The key thing is that if no one trusts it, property owners, householders and farmers will dig their heels in and use every legal means available to delay having to surrender their house, their farm or their business. Thus our new infrastructure and our growth will go out of the window.
In Committee, the Minister mentioned existing government guidance which states how the acquiring authority should behave. As I have already pointed out, these do not behave. It could be because the government guidance is 191 pages long. She also indicated that the Government believe that the necessary rules are already in place and should be clear to all. First, having rules and regulations is not the same as having a code of practice to abide by. Secondly, it is not the same as having a referee to oversee fair play. Football has rules but without a ref it would soon descend into a bloodbath. Sometimes it gets quite close to that, even with a ref. It is precisely what is happening now with our compulsory purchase system. Without anyone to blow a whistle, the bad behaviour will only get worse—and our infrastructure growth will be permanently mired in legal entanglement. We must restore faith in the system.
When, two or three Governments ago, the public and politicians became aware of the bully-boy tactics of the large supermarkets over the small food producers, Parliament, with the strong support of the Labour Party, got all parties together to agree a groceries code and appointed a Groceries Code Adjudicator to oversee fair play. It has been a big success. The very existence of the adjudicator has changed how supermarkets work. This is what we desperately need in the compulsory purchase system—some sort of agreed code and a referee.
I hope the Government have noted that I minutely changed the wording of this amendment from the one that I tabled in Committee. I felt that for the Secretary of State to nominate a body or individual to monitor compliance, rather than to establish a new one, might make it more acceptable. However, if the Government want the compulsory system to work effectively, to speed up our infrastructure, from roads and rail to—especially—housing, this amendment or something like it will be essential. I hope that I get a satisfactory response from the Front Bench on this. If the Government cannot accept my amendment, they might undertake to bring their own forward at Third Reading or, at the very least, to have a meeting to work out some way of resolving the problem that I have outlined. I beg to move.
My Lords, I support this amendment. A code of practice would curb the bad practice that the noble Lord, Lord Cameron of Dillington, has very movingly illustrated to us this evening. It is based on the evidence of lived experience of compulsory purchase as currently enforced by commercial agents. I urge the Government to reflect on its merits as driving a far more humane, more swift and less expensive process than the current guidelines achieve. I hope the Government will not reject it simply because they can.
My Lords, I am grateful to the noble Lord, Lord Cameron, for the amendment. The Government understand the spirit of the amendment; however, we maintain that a statutory code of practice is unnecessary.
First, government guidance, which was updated earlier this year in collaboration with external stakeholders, such as the Countryside Land Association, contains strengthened advice, which acquiring authorities should follow. The updated guidance states that authorities should undertake early engagement with landowners to identify the impacts of their schemes and what measures local authorities can take to mitigate the impacts of their schemes. I say to the noble Lord that where this is not done, the Government are of the view that CPOs are at risk of failing. In addition, we intend to update CPO guidance early next year, and we would welcome the views of stakeholders, such as the Countryside Land Association, on where the advice could go further on promoting best practices for acquiring authorities to follow.
Secondly, when decisions are taken on CPOs, the decision-maker must be sure that the purposes for which the CPO is made justify interfering with the human rights of those with an interest in the land affected. As I mentioned previously, particular consideration should be given to the provisions of Article 1 of the first protocol to the European Convention on Human Rights and, in the case of a dwelling, Article 8 of the convention. In addition, acquiring authorities should consider the public sector equality duty under the Equality Act 2010 when making a CPO and have regard to the needs of meeting the aims of that Act.
Thirdly, the Royal Institution of Chartered Surveyors has published updated professional standards expected of its members involved in the valuation of compulsory purchase compensation. The purpose of the professional standards is to protect claimants and businesses, support high standards in valuation delivery, and future-proof practices in the public interest. The standards lay out the ethical conduct and competence expected for RICS members advising on compulsory purchase matters. The Compulsory Purchase Association has also published, in collaboration with leading CPO practitioners, a land compensation claims protocol.
This Government’s objectives are to make the process more efficient for all parties to a CPO without creating further duplication. The amendment would run counter to these objectives. Therefore, I kindly ask the noble Lord to withdraw it.
My Lords, I thank the Minister for her words, which I have to say were very disappointing. They obviously came from her department, written of course from the perspective of the Whitehall bubble, which in my view always remains somewhat distant from the reality of what is going on out there.
I cannot actually believe that the Minister personally believes that the sort of behaviour I have described should be at best tolerated, or at worst condoned by the Government—by any Government. Nevertheless, in spite of my disappointment and in light of the numbers in the House, I beg leave to withdraw my amendment.
(9 months, 2 weeks ago)
Lords ChamberMy Lords, I will speak to Amendment 69 in my name. We discussed the viability assessment processes in Committee, and Amendment 69 is essentially about encouraging early consultation with the development community. I should at this point, since it is relevant, say that I have a registered interest as chair of the Cambridgeshire and Oxfordshire development forums, but I emphasise again that the comments I make on the Bill are entirely my own views, rather than any developer’s.
Amendment 69 is really about the sequencing. In making an environmental delivery plan, there is a process of establishing not only the impacts to be mitigated, but the charging schedule. It is really important that, at that stage in making an EDP, the development community is included. Otherwise, it will be very difficult to ensure that it takes up the levy, which we will want it to do wherever possible, or indeed that the charging schedules are correctly structured in order to encourage that to happen, and to deliver effectively the objectives of the EDP.
As far as I can see, there are regulations in Clause 67; there is guidance in Clause 75, and the regulations in Clause 67 must be adhered to in the setting of a charging schedule under Clause 53. However, Clause 58 sets out a long list of those who should be consulted on a draft environmental development plan. It consists of a minimum of eight different kinds of public authorities, and then refers to many other public authorities. However, the only consultation that is required on a draft EDP is with public authorities. This is not good enough. The development community is going to undertake the development. The development community is going to pay the levy. The development community should be included in the consultation on a draft EDP.
Since our objective is that it is mostly a voluntary choice whether to go down the route of levy payments and an EDP, I am afraid that we run the risk of invalidating many of the objectives we are trying to achieve through the establishment of an EDP. I certainly do not plan to press Amendment 69, but I hope the Minister can reassure me on the use of the consultation on a draft EDP, and on the charging schedules in particular, by way of consultation with the development community.
My Lords, my Amendment 171A to Clause 69 seeks to create an additional methodology open to Natural England when deciding how best to determine charging schedules for contributions to the nature restoration fund—the NRF. Clause 69(5) sets out the methodologies that Natural England can use to determine what a developer would have to pay under a charging schedule towards the nature restoration fund. It has clearly been written by a planner, not by anyone interested in the environment. It provides that charges should be made with reference to the number of units constructed or the floor-space of the development, with reference to the expected values of the development, the planned uses of the building and even the rate of inflation, yet nowhere does it provide for a methodology to be based on the amount of damage being caused to the protected species covered by the EDP to which the charging schedule should actually relate. This makes no sense.
The purpose of Part 3 is essentially to create a mechanism whereby developers can pay financial compensation to the NRF in lieu of the damage their development might be causing to a protected feature or species, yet those features are not even afforded a mention in the long list of possible methods to calculate payments due. A charging schedule that has no correlation to the actual harm caused to a protected species is unlikely to be able to deliver an improved conservation status for that species. Nor is it fair on developers, since those who avoid protected species and cause no harm would still be obliged to make a payment under a charging schedule. My amendment creates the option—and it is no more than that; it adds to the numerous options already available—for the Government to address this weakness and align the payments due under a charging schedule with the protected species and features they are intended to restore. I look forward to the Government’s response.