Draft Self-build and Custom Housebuilding (Time for compliance and fees) Regulations 2016

Debate between Lord Coaker and Lord Barwell

Monday 17th October 2016 General Committees

[Gavin Barwell]

Obviously, we would have to keep that under review. The evidence from the vanguard programme is that there is generally an enthusiasm in local government for this purpose, but my hon. Friend the Member for Rossendale and Darwen made the point that we need to get out there and evangelise. We need to look at what action we will take if authorities do not meet their obligations. When we come discuss the housing and planning White Paper, the hon. Lady will see that a considerable amount of thought has been given to the extent to which the Government should intervene in local plans, and to what those thresholds should be. If she bears with me for a little while, she will hear some more details about that.

[Vernon Coaker (Gedling) (Lab)]

On the important point of local authorities exempted from the regulations because they do not have the required land, if somebody in such an authority wanted to self-build, would they satisfy the local connection tests for other authorities around them so that they were not disadvantaged through no fault of their own?

[Gavin Barwell]

No they would not, but they would still be able to go on the register. In those circumstances, the neighbouring authority would keep two classes of register. Those people who have satisfied the local connection test would have first priority. However, people from exempt neighbouring authorities would still be able to go on the register and, if there were a surplus of land in that area, they would have an opportunity. They will be disadvantaged to a degree if their authority is exempt, but it will not rule out their prospects of acquiring land elsewhere. There will still be an ongoing duty on their authority to pay regard to the number of people on their list in seeking to secure additional sites over time.

[Vernon Coaker]

I gently say to the Minister that that is a little bit unfair to people who, through no fault of their own, have lost a right to custom build. That goes against the Government policy drive. Perhaps that is something that the Minister could look at with his officials. Has he made an assessment of how many people the issue might affect?

[Gavin Barwell]

We have not made such an assessment yet. I am happy to write to the hon. Gentleman and to the Committee with some thoughts on that. I take his point; we will look into the matter and see how many people are involved. The point reflects the reality that there are a small number of local authorities in this country that are very heavily constrained in terms of their land supply. Clearly, there might be the opportunity for them to look at options beyond their authority boundaries in some cases. I am aware that some councils do that in terms of support via affordable housing.

I turn to the last two issues that the hon. Member for City of Durham raised. All three Members who have spoken in the Committee raised the issue of fees. We should recognise that there are competing pressures here. On the one hand, Members rightly worry about local authorities and the financial pressures they are under, and want to be assured that they are going to receive the level of financial support necessary to carry out these duties. On the other hand, my hon. Friends are also concerned that fees should not be set at levels that are going to prove prohibitive and stop the policy from working.

I want to come back to the specific point that the hon. Member for City of Durham made about new burdens, which she questioned me about. We recognise that this is a new burden and will be funded as such. The Government’s view is that over time, once local authorities have developed their processes and procedures and a pipeline of land has been identified, the cost of meeting the new duty will be recovered through the sale at market value of the plots that are envisaged, and also through the fee process. Clearly, there will be some upfront costs setting the process up before the process of sales begins. We recognise that is a new burden and will be funding accordingly.

The final point made by several hon. Members was about the overall level of resourcing of local authority planning departments. In terms of the conversations I have had in the first three months of this job, this is one of the rare issues where there seems to be a consensus. Those involved in local government, but also those in the development industry applying for planning permission, all say to me that we need to get more resources into our planning departments.