I support the amendment and, in doing so, declare my interests as chair of Peabody and president of the Local Government Association. It is worth going back to when this policy came in. It was in the context of an economy struggling to recover and the Government’s desire to stimulate development rapidly. It was particularly focused on the issue of office developments that had outlived their useful economic life and an unwillingness on the part of local authorities to contemplate change to an alternative use. That was the context in which the policy came forward. There was considerable debate about the issue, but the difficulty was that what worked in one part of the country may well not have worked in others. The safeguard introduced at the time was, essentially, to allow certain areas to be excluded from the application of the permitted development rights. In reality, only very few areas were excluded. The exclusions were very narrowly drawn to include areas, such as the City, that were very concerned about the issue.
We now know that, while the policy was well intentioned, the consequences have been perverse in some parts of the country, particularly in London and particularly in places of it that we have heard about, such as Richmond and Sutton. Having that information now, it is right that the Government revisit this issue and think again. For the price of a small addition of new housing, we are in danger of denuding significant areas of their economic capacity to grow and develop. The case is compelling: we should learn from how policies have worked in practice and be open to revisiting them.
I support this amendment, because I recognise why this measure was introduced. In parts of the north of England there were lots of shops closing. You could look down a high street and see the first floor of many retail units completely empty. Sometimes they were boarded up, or with ripped curtains and dusty windows: totally unoccupied. The issue has only been one of flexibility. The mistake was that we did not allow local decision-taking. With that at the beginning of the process, this problem would have been avoided.
The statistics on the numbers involved must be available. I presume that the number of units converted from commercial to residential will have entered into the national housebuilding statistics. Can the Minister tell the Committee the exact number involved?
My Lords, those are two important details that we could reasonably look at in the Bill or, had we the regulations in front of us, reasonably consider in regulations. The important point to make is that the absence of the regulations is compounding complexity on complexity. This is our difficulty here. We have a stated intent of government, but nothing in front of us that tells us how that intent will be delivered. Yes, there is an issue of timescale—we currently have three years; that may or may not be the right timescale for an expanded programme and should be consulted on with local authorities—but one thing that in my understanding is an irreducible intent of government is one for one. That is why it should be on the face of the Bill. I beg to move.
My Lords, I think the noble Lord said that it would be acceptable to replace within the local authority area. What happens if part of that area is in a very high-demand area, such as a national park, with the rest of the local authority area in a low-demand area, as happens in parts of the Lake District—for example, Carlisle, Kendal, Whitehaven and Workington surrounding the Lake District, with the Lake District split up among the various authorities? If we simply replace the property that is lost in a high-demand area with property in a low-demand area, we do not fulfil the local demand requirements.
My Lords, my amendment goes as far as I think it is possible to go within the bounds of the legislation. If there were a way of constructing it, there would be an intent to replace in the same area. We will have that conversation in debate on the rural amendments, so the noble Lord’s point will perhaps come through then.
There is a trade-off here. I acknowledge the point about how much one can specify in the Bill and how much one has to leave to local authorities to lead on and understand where they have high-demand issues. However, if we do not have even one for one in the Bill, we are a long way back from where we need to be.