Levelling-up and Regeneration Bill

Lord Carrington of Fulham Excerpts

Report stage
Monday 4th September 2023 Lords Chamber

[Lord Best (CB)]

My Lords, I rise to support Amendment 190 in the names of the noble Baroness, Lady Thornhill, and the noble Lord, Lord Carrington of Fulham. As we have heard, this amendment has the support of the Royal Town Planning Institute and a whole range of other distinguished bodies with planning expertise. Actually, the amendment is relatively modest and pretty straightforward. It does not reject the idea of creating national development management policies. What it does is simply ensure that these new planning policies result from thoroughgoing consultation, after due publicity, and are subject to proper parliamentary scrutiny. Such a consultative process, with accountability to Parliament just as for the national planning policy statements, would mean that these new NDMPs will have the authority and credibility that otherwise they are likely to lack. I hope the Minister will agree.

[Lord Carrington of Fulham (Con)]

My Lords, I too rise to support Amendment 190, to which I have added my name. Your Lordships will be delighted to know that I do not have to speak for very long as everything I was going to say has already been said. The House sounds as though it is unanimous in the view: that there needs to be some sort of constraint on the proposal in this clause, to ensure that there is consultation; that local communities should have primacy in deciding what happens in their area; and that the policy that general consultation should be in the hands of Secretary of State, without the definition of what that consultation should be, is one that no parliamentary assembly should readily accept.

I believe there is a principle in this amendment, that we can trust my noble friend the Minister, and we can probably trust my noble friend the Secretary of State in the other place; but, as the noble Lord, Lord Deben, said, they will change. They will inevitably change. They may change for the better or for the worse; we do not know. But one thing is certain: if you give a power to centralise decision-taking, sooner or later that power will be abused. It is essential to make sure that we do not pass legislation in this House that allows the abuse of power—particularly, the forcing on to local communities of policies that they reject themselves.

It may well be—indeed, I think there is considerable evidence—that our planning laws do not work; we need only look at the problems over the environment, housing and so on. We should absolutely be looking at how our planning laws should be changed and how we should free up, speed up and make less expensive the whole planning process. But the way to do that is not by giving powers to the Secretary of State to override any consultation, any local decision-making and, indeed, the local power of other constitutionally established bodies such as local government.

I support the amendment for a lot of reasons. I hope that my noble friend the Minister will agree that this issue needs greater clarification, that it needs to be properly addressed, that this amendment almost certainly achieves all of that, and that, possibly with a few tweaks from the Government, this amendment could form part of the Bill to everybody’s benefit.

[Lord Deben (Con)]

My Lords, some issues continue to affect almost everything we do. One is the principle of subsidiarity—that we should ensure that we do not have a system where all power is centred at the top. That was a very important principle that the Popes upheld when dealing with both the Nazis and the communists, saying that both got rid of all the subsidiarity powers and concentrated them at the centre. Of course those people did so because they were, largely, wicked. The trouble is when it is done by people who think it is the best way forward, and that is what I fear here.

The planning system is obviously not good enough. I declare an interest here, having spent almost a whole year trying to turn a house back into the pub that it was before. You would have thought they would have been keen on all that but, my goodness, there are many complications in trying to do it. However, although we recognise this about the planning system, you do not overcome it by putting on top of that system something that is seen by others as being dictatorial. Unless this power is clearly controlled and confined by the parliamentary procedures that enable it to be used in a way that the public will see is subject to democratic control, then I believe it will fail. It is not just a question of it not being suitable, and it is not just a philosophical question; it is that it will not actually work.

One knows what Ministers have been advised to say: the amendment would make the process more difficult, slower and more complex. Well, sometimes doing things more slowly is a good thing because it gives you time to make sure that you get it right. Sometimes making it more complex is necessary because the issue is more complex, and pretending that it is not means that you make a mistake.

I come back to a question that is particularly affecting me at the moment. We have now seen a number of examples where Ministers have said, “It’s not necessary to do this because we’re going to do it anyway”. I remember Ministers who promised us that we would not sign contracts with other nations that undermined our farmers, but we have done precisely that. We have a case at the moment where Ministers said there would be no diminution of environmental protection and therefore we did not need to put it in the Act, but I fear that is precisely what has happened.

I am in the same position here. I am sure that Ministers intend to do the right thing, and I am sure that Ministers coming from any reasonable party might intend to do so, but, as a former Minister of 16 years, I think it was very good for me to have to do the right thing. That is what I think we ought to put here.