Aviation
Lord Deben Excerpts(12 years, 9 months ago)
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Lord Davies of Oldham
My Lords, I congratulate the noble Lord, Lord Rotherwick, on securing this debate. However, perhaps I may enter a little caveat about something that the noble Viscount, Lord Goschen, said. I am not so sure that this is an esoteric subject. We have been pressing the Government for an aviation policy for many months now, but we have been told in every answer that the Minister has so ably deployed that we must wait until the government policy is formulated and ready. This is an important debate which helps us to probe the Government, and perhaps also to prod them towards an early resolution of these issues, despite the fact that we all recognise that general aviation is a relatively minor part of aviation policy. That does not alter the fact—as has been amply demonstrated this afternoon—of the significant contribution that general aviation provides. The noble Lord, Lord Rotherwick, who is well qualified as a pilot, also emphasised general aviation’s role in developing the interest of young people in acquiring the skills to become a pilot. There is no doubt that this is a very important dimension of the contribution to our overall success, in circumstances where we must surely recognise our concern about aviation as a whole—a concern that one of the most successful sectors of our economy is, in the current government stance, somewhat being reined in.
I understand the political considerations that led the Government to take their stance on Heathrow—not least during an election campaign when marginal seats in west London were at stake. However, the Government have to face up to the fact that, at present, their record is one of negativity towards aviation. I expect the noble Earl, Lord Attlee, to indicate a somewhat more positive response than he has done in questions and debates.
Lord Deben
I am sorry to interrupt the noble Lord. However, does this mean that the Opposition are in favour of the extension of Heathrow? If so, it is a new policy about which many people will be very unhappy on the grounds of both air quality and the environment.
Lord Davies of Oldham
My Lords, as we indicated throughout the whole of the election campaign, there were severe risks to the expansion of our aviation industry as well as potential damage to our economy, particularly a lack of competitiveness against other European airports such as Schiphol, Madrid and Charles de Gaulle. As the noble Lord will recognise only too well, as matters have developed over the past 18 months of this Government’s management of the economy, we can ill afford negativity when it comes to an area where we have previously been conspicuously successful. I wanted to put aviation on the agenda, and general aviation into a context, because it is important. However, I was really responding to the noble Viscount, Lord Goschen, in seeking to emphasise that general aviation has its part to play in this important sector of the economy.
The noble Lord, Lord Rotherwick, went on to identify not only the very significant level of employment in general aviation but also the amount of resources that it develops. He also identified some real anxieties. The anxieties in this debate—expressed by the noble Lords, Lord Rotherwick and Lord Sharkey, and the noble Earl, Lord Stair—are about aspects of planning policy. We all have anxieties about planning policy, not least because the development of government strategy at this stage leaves unanswered as many questions as it answers. However, unless local considerations are assigned significance in planning while being balanced with national strategic requirements, the great danger is that the seed-corn of general aviation will be greatly reduced because, as noble Lords indicated today, some airfields could be closed to aviation and other forms of development. That is an important dimension, and I hope that the Minister will give us some assurances on this front.
The noble Lord, Lord Sharkey, made an important point when he identified the safety record of general aviation. We would be in some difficulties if we were arguing about this contribution to national welfare if the safety record was anything other than one of the best in the world, and it certainly compares well with the rest of Europe. That helps to support the argument about the importance of general aviation. While I accept the point made by the noble Lord that no one is looking for a subsidy for the industry at the present time—I am sure that the Government are not looking to give one in their present travails—we should nevertheless expect the Government to take an interest in this important contribution to the economy.
I hope, therefore, that the Minister will respond to the fact that general aviation is increasingly valued by the wider population. Only a relatively small number of people actually train to become pilots, and only a relatively small number are employed on airfields, but people are becoming increasingly aware of the benefit of air support for quite a number of our significant services. I mention the fact that only in recent years has there been an air ambulance service in Hertfordshire, where I live. I do not doubt that public subscription has contributed to it, and Hertfordshire is not the only county. What I do know is how much the air ambulance service is appreciated in the locality, and of course it depends upon the skills available and the opportunities provided.
I accept the point about the anxieties in certain areas of the country over threats to their airfields. There is no doubt that both Cornwall and Devon are two illustrations of the very real anxieties felt in recent years that the airfields they regard as significant to their local economies have been under threat. I hope that the Minister will give an indication of his concern that certain crucial regional airfields are in the mind of the Government in their consideration of their overall strategy.
This has been a most interesting debate. It has asked the Government to come clean on aviation policy. Admittedly it is a relatively narrow area, but it is one of great significance. I hope that the Minister will not be shy in making his points today, as on occasions in the past I have found he has been wont to be.
Earl Attlee
My Lords, I start by congratulating my noble friend Lord Rotherwick on securing this debate. My noble friend said that he was worried, but he need not be, not least because of his skilful advocacy of general aviation. We have heard about the significant contribution that the general aviation sector makes to the UK economy, and we must not forget the social benefits of GA as well. It provides many thousands of enthusiasts with the chance to enjoy their passion for flying, provides world-class training for pilots, technicians and many other roles, and inspires youngsters to take up a career in aviation. The noble Lord, Lord Davies of Oldham, rightly mentioned the vital air ambulance services.
The existence of a network of general aviation airfields across the country plays a key role in the success of this sector, linking business centres that are not otherwise served by commercial air services, and providing the basis from which various recreational and sporting aviation activities take place. My noble friend Lord Rotherwick and others mentioned the employment opportunities that can arise. Reference has been made to the current planning system, which, I regret to say, has become unwieldy and complex, making it hard for experts to put into practice, let alone communities to understand. Instead, the Government are committed to putting in place a simpler, swifter system that everyone can understand. This afternoon's debate will, I hope, reassure my noble friend that the policies within the draft National Planning Policy Framework support and maintain appropriate protection for our important general aviation sector.
The draft framework streamlines current national planning policy into a consolidated set of priorities to consider when planning for and deciding on new development. It will help to ensure that planning decisions reflect genuine national objectives, such as the need to safeguard the natural environment, combat climate change and support sustainable local growth.
Lord Deben
Did my noble friend notice that the noble Lord the spokesman for the Opposition made it quite clear that the Opposition did not take an interest in the environmental case, which enabled us to say that the expansion of Heathrow was a bad thing, but tried to suggest that it was a party-political decision rather than one of high moral standing?
Earl Attlee
My Lords, I try to minimise my party-political comments as much as possible and normally manage to confine them to the noble Lord, Lord Davies of Oldham.
Planning decisions should support those national objectives while allowing local councils and communities to produce their own plans, reflecting the distinctive needs and priorities of different parts of the country. The draft framework sets national priorities and rules only where it is necessary to do so. The principle of sustainable development permeates the draft: that the actions we take to meet our needs today must not compromise the ability of future generations to meet their own. I will not be drawn any further into defining “sustainable development”.
To help support economic prosperity, the draft framework contains polices on planning for business, transport and infrastructure. To support quality of life, there are policies on housing, design and the green belt; and to help protect our environment there are polices covering climate change, and our natural and historic environment.
As my noble friend Lord Rotherwick noted, the transport polices within the draft framework streamline current transport policy contained within PPG 13 on transport. However, it is important to emphasise that the current core policy approach for planning for airports and airfields has not changed. The draft framework asks local councils to consider the growth and role of airports and airfields, which are not subject to a separate national policy statement, in serving business, leisure, training and emergency service needs. Local councils are also asked to consider the principles set out in the relevant national policy statements and the Government's framework for UK aviation, which is under development. So in answer to my noble friend’s question, I do not feel that specific further protection provisions for airfields are needed in the NPPF if they are to be set out elsewhere.
Reference was also made earlier to previously developed land. On this, the Government want to hand responsibility back to local councils and communities to decide which developable land should be used in their areas. The draft framework still encourages the use of previously developed land for development. It states that,
“plans should allocate land with the least environmental or amenity value”.
That means, of course, using derelict land when considering where to develop in the future. But it also allows restored green space that was once in industrial use, such as urban nature reserves, to be protected.
The reforms will give power back to local communities to decide the areas they wish to see developed and those protected away from the interference of Whitehall. The definition of “previously developed land” within the draft framework remains the same as that set out within PPG 3 on housing. It is defined as land which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed-surface infrastructure.
However, in determining the future use of an airfield which is deemed to comprise,
“land with the least environmental or amenity value”,
the local council will need to also consider the role of the airport or airfield in serving business, leisure, training and emergency service needs, and ensure the location of the proposed development is appropriate and sustainable when considered against all of the policies within the national planning policy framework, the local plan for the area and any other relevant material planning considerations.
I note that the General Aviation Alliance has responded to the Government’s call for comments on the draft framework. I can assure noble Lords that during the weeks ahead the Government will consider all the suggestions that have been made as part of this consultation and will ensure that the policy adopted will continue to protect against inappropriate development, while also enabling local people to plan for the sensible and well designed development that provides homes and jobs, on which the future prosperity of their community depends.
I will try to answer as many specific questions as possible. I always look forward to the comments of the noble Lord, Lord Davies of Oldham, and I will of course be positive. The noble Lord knows perfectly well that a policy framework for aviation will not be completed in a few months, as he suggested. The noble Lord will also recall that Heathrow, while very important, is not generally involved in general aviation activities, for obvious reasons, so I will resist the temptation to get involved in debating Heathrow.
My noble friend Lord Rotherwick asked about the supporting aviation infrastructure network. The draft NPPF asks local councils to work with neighbouring councils and transport providers to develop strategies for the provision of the viable infrastructure necessary to support sustainable economic growth. This includes the transport investment necessary to support strategies for the growth of airports. My noble friend also asked about extending the safeguarding to all GA airfields and small airports. This would require careful consideration as there is potential for conflict with other aviation interests and wider government aims. The safeguarding process includes protection against other aviation activity; given the significant number of aerodromes across the UK, there is a real risk of overlapping safeguarding zones. Where this occurred, local planners might be forced to prioritise one aerodrome over another, which may in turn work to the detriment of general aviation.
My noble friend Lord Sharkey asked a number of questions, including one about UK flight training. He will recognise that there are a number of commercial and operational reasons why flight training organisations conduct some or all of their training outside of the UK, despite the observations of my noble friend Lord Goschen about the high quality of UK training. These include increased competition from flying schools in other countries, rising costs—including VAT—and the complications afforded by the weather and congested airspace in the UK. Mitigating some of these taxation issues, even if desirable, could cause considerable problems with the EU state aid rules and the principal VAT directive. However, the UK has implemented the mandatory exemptions for suppliers of education laid down in Article 132 of the principal VAT directive. My noble friend also asked about renewable energy. The coalition Government have made clear their commitment to increasing the deployment of renewable and low-carbon energy across the UK.
My noble friends Lord Sharkey and Lord Goschen also asked about European issues related to pilot licensing and EU regulation. The UK supports the principles of proportionate regulation and the view that new EU regulatory proposals should be supported by a meaningful impact assessment that reflects different types of aviation activity across the sector. A one-size-fits-all approach is not always the best solution. My noble friend Lord Goschen compliments the UK regulatory regime—he should do because he had ministerial responsibility for it at one point.
The noble Earl, Lord Stair, asked about a sustainable framework for aviation. The Government are currently developing a new policy framework for UK aviation. A scoping document was published on 30 March, setting out our priorities for aviation, and the extended call for evidence closes on 20 October. The scoping document asked a series of questions, some of which are specifically directed at the GA sector, including the balance to be struck between conflicting demands such as housing and maintaining a network of GA aerodromes. I can assure the noble Lord that a number of GA stakeholders have already responded and their views will be taken into consideration alongside those of other respondents as the policy development process moves forward. The noble Earl asked about the protection of agricultural land. The policy in the draft framework maintains the agricultural land protections currently set out in planning policy statement 7.
My noble friend Lord Goschen asked about the local impacts of airfield development. The draft framework includes a policy that asks local councils to ensure that the new development is appropriate for its location, having regard to the effects of pollution on health and the natural environment or general amenity and taking into account the amount of potential sensitivity of the area of proposed development to adverse effects from pollution. This policy would apply to planning proposals nearby or next to airports or airfields. Therefore, where noise is likely to be an issue to the proposed site or development, the location is likely to be deemed inappropriate.
In conclusion, I thank my noble friend for his short debate and all his efforts in supporting the general aviation sector.
Localism Bill
Lord Deben Excerpts(12 years, 9 months ago)
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The Lord Bishop of Wakefield
My Lords, I, too, rise to speak in favour of the amendment put down by the noble Lord, Lord Greaves. I would like to begin by following up directly the final comment made by the noble Lord, Lord Jenkin, about whether it is helpful to have this actually set out as a definition. Those in part of the diocese for which I am at present responsible—I am thinking particularly of the south-eastern part of the diocese—live with some of the most serious deprivation indicators anywhere in England, largely because of the very rapid death of the coal industry over the last 30 years. This has led to the death of community in many places. Many of you will have seen the film “Brassed Off”, which focuses on Grimethorpe, which is in my area.
Alongside the death of community runs worklessness. There are sometimes two or even three generations of people who have never worked. Often, when talking with these communities, I use the term “loss of community” or “loss of corporate self-esteem”. All of us who have families will know that when any of our young offspring, for one reason or another, is stricken by difficulties and they lose self-esteem, then we become most seriously concerned for them. It is something that might lead people into thinking about taking their own lives. There is a similar phenomenon which eventuates from the lack of a community feeling or no clear sense of purpose. Therefore, the headings in this proposed amendment are helpful in terms of economic, social and environmental issues.
However, perhaps there is more to be said than that. When I was in Norwich, I was in a city that had enjoyed prosperity for 800 years, but not for the past 20. Great efforts were made to try to reverse the trend in the economy and eventually they were effective to a very good degree, but, once again, social and environmental concerns are key to building up a clear sense of healthy community. That seems to be the basis of sustainable development.
Another word that is often seen as controversial is “spiritual”. It seems to me that spiritual development is also a key element in this. I do not necessarily mean Christian spirituality, or even religious spirituality; we all know that there is something about the human spirit. When the human spirit is lost in people, or when it is dampened, the community and the effectiveness of individuals within that community are affected.
Therefore, I ask the Government to consider looking at a definition like that and adding to it the spiritual element. Of course, the danger is that, if we do not do that, we all subscribe to saying how important sustainable development is but, as the noble Lord, Lord Jenkin, has just said, it is not entirely clear what we are saying. My instinct is to say that we need to define it more carefully. We had an interesting discussion yesterday on the term “multiculturalism”. That is another great word which we think is very important, but no one wants to define it too much because then it could become more controversial.
Many years ago, I remember a former Prime Minister of this country—this shows my age—when asked to respond to a particular issue saying, “I’m not going down that road; that’s just theology”. As someone who has taught theology for many years, I am quite keen that there should be some clarity in what we are saying. I remember one of my teachers telling me that God was the incomparable who lets be, which I thought did not get me very far down the line at all. I do not want sustainable development which is incomparable but undefined. I say that, not simply because I am keen on a series of philosophical statements or philosophical definitions, but because I think that if we do that, it may mean that sustainable development does something for our communities.
I take noble Lords back to the place where I started, to the south-east of the area that I represent, to places like South Kirkby and South Elmsall, which are in desperate need of regeneration. If we have a clear notion of what we are going for in terms of economic, social, environmental and spiritual issues, perhaps we can begin to rebuild that community self-esteem of which, at the moment, there is a desperate lack.
Lord Deben
I do not think that anyone would accuse me of not being committed to sustainable development. Indeed, I declare my interest in helping others throughout the world to promote this issue. However, I have a warning about this amendment. We are trying to change the planning system in order to achieve a number of ends including ensuring that Britain is able to grow in a sustainable way and that the time taken by the process should not be such that we avoid all those good ends. I started being concerned about a detailed definition of this sort when I realised how many people will use it to take the courts into consideration. I hope that the Government will recognise that there are two elements to this: there is the natural desire of those of us who are concerned with sustainable development to ensure that no future Government with less concern should be able to use this Act to avoid some of the necessary decisions which we are making while on the other hand not wanting a definition that brings sustainable development into disrepute because it is used as the mechanism for yet again holding up decisions. I hope that the Government, in considering this amendment whose spirit I wholly support, will think hard about how we do this in a way that does not open this whole thing up to a kind of justiciable approach where every person desiring development will be able to find something here which they can use to try to overturn what a local authority has done.
Secondly, I am concerned about the definition. I know it draws from all sorts of learned and worthy bodies, but the truth is that sustainable development is two words: “sustainable”, and “development”. An awful lot of green people talk about sustainability as if development is not in it, and a lot of people who are keen on development talk as if it does not have sustainability in it. It is necessary to stick these two together. If you read this definition, there is a great deal about sustainability, but I am not sure that there is a tremendous amount about development. Yet my noble friend Lord Jenkin, who taught me these things when I was his PPS, is absolutely right to say that these two things come together. They either fuse together, or neither is able to operate on the other side. I hope that in consideration we will take that into account as well.
The third thing we have to take into account is something very fundamental. It is that we ought to move to a stage in which you do not need both words. We ought to move to a stage in which the very word “development” inevitably means that you are going to develop in a sustainable way. Here I have to say something a bit hard about the Government. It does not help when the Government say things for convenience which suggest that they do not have their heart where it ought to be. It does not help when the Chancellor of the Exchequer suggests that we are going to move at a slower speed in dealing with our emissions than the law says we have to and proposes something illegal. It does not help us when those things happen because then others can doubt our fundamental support for these beliefs.
I say to the Minister that it is crucial that we go further than we have gone so far in making sure that people understand that we mean business. The first Prime Minister to use the words “sustainable development” was John Major. I know that because I wrote that bit of the speech but, in the end, people do not give speeches unless they are happy about them—at least, if they have anything about them. He used those words because he believed fundamentally—this has to be said—that it is in the nature of conservatism that we develop sustainability. That is what the country party, on which we are based, had as its heart. We conserved; we believed in handing on to the next generation something better than we received from the previous one. There is much in this Bill which will help us to do that. We need the speed to do it, but we also need the clarity to ensure that people do not fail to recognise the two elements of sustainability and development until it becomes so much second nature that we need only one word because it means both because we have redefined it properly.
Baroness Andrews
My Lords, there is much that the noble Lord has said with which I agree. I must put on my English Heritage hat and declare an interest. One of the disappointments that we have tried to address in this Bill is the need to get greater clarity about the nature of sustainability. While I see the point that the noble Lord is making, that sustainability and development are two words, it is sustainability that raises greater confusion and there has been a marked lack of clarity about the whole notion. The debate that we have seen in recent weeks about the nature of sustainability in relation to development has exemplified the search for general agreement about the content of sustainability.
It is difficult because there are competing definitions, but I support the noble Lord’s amendment. I spoke at some length in Committee about this and will not repeat it, but we have inclusivity in this definition, in terms of the lifetime issue of how we must address sustainable developments in future. It also specifies content and that gets us a long way down the track. It is also a definition that is fairly familiar, so we might be able to get some agreement on it. Whether it is workable, practicable and applicable raises enormous questions about the way that the planning system operates.
I also have a great deal of sympathy with what the right reverend Prelate has said about what else might go into a definition of sustainability. I may be drifting into the danger of a list, but I feel strongly that one of the elements that is not in this amendment—and the Minister might take this away and consider it—is including something about our vital cultural and heritage needs, including those of future generations. That is an important guiding principle for what we mean by sustainability in many different ways. It would also fit alongside this expression of a strong, healthy and just society.
I do not want to draft an amendment on my feet, but one might add, for example, “meeting the diverse social, cultural, heritage needs of all people in existing and future communities and promoting well-being and social cohesion and inclusion”. This is important, because if we are to take this definition of sustainability seriously, this is a moment when we might be able to agree and implement something. It has been debated for goodness knows how long in this Chamber and I believe that our culture and heritage fit this Bill. They feed our sense of belonging, of pride, identity and resilience and they feed into our roots of personal and community life. They express, as the right reverend Prelate said, our sense of community. They help us to know who we are and what we are capable of. All that is about sustainability for future generations, for the future shape and feel of our country.
I hope that, if we are to debate the amendment—and maybe I should bring it back at a further stage—the Minister will consider whether she can be flexible in her approach to it and maybe include the new elements of the definition.
Lord Greaves
My Lords, I am grateful for that extremely helpful reply from my noble friend the Minister. I am particularly grateful to her for reiterating that the Government believe that sustainable development is built on three pillars—economic, social and environmental —and that balance is required to resolve this matter. That is crucial. I included the statement of existing government policy in the amendment but I certainly accept that it may not be appropriate to include this detail in primary legislation. Nevertheless, I commend the principle of the three pillars and balance to the Government. I hope that they will build that into whatever solution they come up with. As the Minister and other noble Lords have said, the problem we have when moving amendments and deciding what form this Bill should be in when it leaves this House is that it is running in parallel with the national planning policy framework. The question of sustainable development is one of the key areas—probably the key area—which links the planning aspects of the Bill with the NPPF. We are shortly going on to discuss a further amendment which would do it more overtly, but regardless of whether that is to be done, the link exists and is fundamental and a lot of the concern about sustainable development has arisen, as many noble Lords have said, from the wording in parts of the NPPF.
I am extremely grateful for the astonishing amount of experience, knowledge and common sense which noble Lords have contributed to this debate. The noble Lord, Lord Jenkin of Roding, said that the problem with sustainable development is that, “It means what I want it to mean”. That is indeed the problem, but, despite that, the words “sustainable development” now litter legislation, particularly planning legislation. They also litter the Bill: the Minister’s little amendment tagged on to this group adds a requirement of neighbourhood development orders to promote sustainable development. It is normal practice in all legislation that when a Government use a term such as this it is defined in that legislation. It is normal practice precisely because the people taking action under the legislation know what it means and the courts can look at it, define it and interpret it. All Governments since, we now discover, my noble friend Lord Deben invented the term “sustainable development” for John Major—
Lord Deben
What I said was that that was the first time it was mentioned by a Prime Minister. It was well around in those days. I would certainly not claim anything other than being a mere conduit.
Lord Deben
My Lords, I have great sympathy with what the noble Baroness has put forward. However, we should be careful about putting the words “sustainable development” into every sentence. We are in a slight difficulty. As three or four authorities all have responsibility to do these things in the context of sustainable development, it is difficult to consult without doing it in those terms. Each individual consultee already has that responsibility and by the sound of what the Government are prepared to do will have that to an even greater extent. I would like to say to the Government that I hope they will be careful with the confetti element—every time there is a doubt add the words “sustainable development”. I say that as someone who is much in favour of sustainable development.
Secondly, I agree with the noble Baroness, Lady Young, that sometimes in the document the word “development” has been used when we mean sustainable development. It is important for the Government to say again that on those occasions real care will be taken to make sure that we have that right.
Thirdly, I would like to repeat the view that one day we will be able to use the word “development” and automatically mean sustainable development. That is what we would like to see, but the noble Baroness is absolutely right that that is not where we are at the moment.
Fourthly, I suggest to the Minister that the idea of a localism Bill is for it to be local. I worry when those who have always been enthusiastic about central direction suggest that on this or that occasion people should be required to do things. Co-operation is something that you do because you want to or it is not co-operation. Otherwise, you may as well return to a situation in which people are bossed about. We are trying to create a world in which we are not bossed about.
I have just looked on my iPad at the advice given to me by yet another of the green organisations that are so helpful in giving me advice, but I notice that most of them are central organisations, which find it difficult to deal with the concept that associations between Norfolk and Suffolk, for example, might be conducted differently from those between Warwickshire and its neighbouring counties.
It is very simple. The point about localism is that it will be different. We think and do things differently in East Anglia. We do not include either Essex or Bedfordshire, which the previous Government did in their curious manner. We do things differently and we will do them together because we want to not because some superior person tells us that it is good for us.
I have to warn the noble Baroness, Lady Young, that that will mean that we will often do things that she will not like but that is because we want to do them and it is our sustainable development for our place. We will want to do things in our way. The Government must not have a localism Bill that is a fraud. That means that although it is proper to say that consultation will be a duty, it is improper to say that the consultation will be a duty to be carried out in the way that the Government or anyone else suggests is a good idea.
In thinking about this, I hope that the Government will take on board the perfectly justifiable concern that we do not do things without sustainable development being close to our hearts and minds. That concern has not actually been helped by some of the statements by Ministers in circumstances that sometimes lead people astray. That was the phrase used by the noble Lord, Lord Shutt, earlier on. I thought that it was a good way of expressing it. There was a rueful look on the faces of the party opposite at the same time. They also know about party conferences. We understand that, but it means that we have a backlog to make up.
So we have to repeat the words, but we should not repeat them so that it becomes like motherhood and apple pie and means nothing. Let us also be careful that we do not trumpet localism and then suggest that the only way to get it is by telling people how to be local. We know how to be local: please let us do it.
Lord Newton of Braintree
My Lords, I congratulate my noble friend on showing signs of becoming the second free radical on the Government Benches in these matters. He is a better informed free radical than I am but I welcome his addition to the ranks. Secondly, I confirm, having connections with both counties, that Essex and Suffolk do not always do things in the same way. I will not judge which is best because I would be dead in one county or the other if I did, but they are certainly different.
Thirdly, I will show that I am an uninformed free radical on this occasion by saying that what is mystifying me, especially in the wake of the non-pressing of the amendment that appeared to be trying to define sustainability a few minutes ago is whether there is a definition of sustainability in the Bill. I cannot find it. If it is in the Bill, where is it? If it is not, what is it?
Baroness Hanham
My Lords, I, too, am guilty of the terrible solecism of not referring to the noble Lord as Lord Deben. I have known him so long as John Gummer that Gummer naturally slipped out. None the less, I apologise.
Lord Deben
Perhaps my noble friend will allow me to say that one remembers the name when one remembers that Suffolk is not flat. I look down over the River Deben, and it is quite a long way down.
Baroness Hanham
Well, I did not make the point that it was flat. Never mind, we shall get around that.
I must say at the outset that we are committed to promoting sustainable development through the duty to co-operate. I do not want to take a confetti approach to sustainable development in every single sentence—as the noble Lord, Lord Deben, suggests we are doing—but to some extent I am going to have to in reply to this amendment.
We looked at Clause 98 in Committee to see whether there was scope to give sustainable development even more emphasis. The noble Lords, Lord Deben and Lord Newton, are concerned about the localism aspect, but there are clearly times when it is important that local authorities and others work together to ensure that there is a proper plan.
We have gone on to consider this matter carefully during the months since Committee, and Amendments 203U and 203W provide me with an opportunity to explain why I do not think further amendments are necessary. There is already a duty to co-operate on councils preparing local plans, with the objective of contributing to the achievement of sustainable development. The duty is contained in Section 39 of the Planning and Compulsory Purchase Act 2004. It will also now apply to local and county councils and all the other bodies covered by the duty to co-operate as they plan for strategic cross-boundary matters in local plans. This is the important aspect—not to negate localism, but to make sure it can be carried out where strategic plans are being developed because the proper people have been consulted at the proper time.
Councils are already required to promote sustainable development through the duty to co-operate. We have also made it clear in the title of Clause 98 that the duty relates to the planning of sustainable development, and we have put sustainable development at the heart of the strategic matters on which we expect councils and other public bodies to co-operate in preparing local and marine plans.
I hope that my description of the duty to co-operate and its relationship to the wider duty in Section 39 of the 2004 Act illustrates why we do not need to amend this Bill. We believe this policy is a more appropriate way to emphasise the important role of the duty to co-operate in promoting sustainable development, and we will consider further, as part of the consultation responses on the National Planning Policy Framework, whether that is necessary. We shall also consider whether it would be helpful to emphasise the importance of sustainable development in any guidance that the Secretary of State issues on the duty.
I understand that Amendments 203X, 203Y and 203Z are intended to ensure that co-operation between councils and other public bodies is not limited to co-operation on sustainable—and I put that in inverted commas—development. The key issue here is that the duty applies to the preparation of local plans and where they relate to strategic cross-boundary matters. Local plans will set out policies for the sustainable development and use of land.
As I said earlier, councils and other bodies covered by the duty will already have to work jointly on local plans, with the objective of contributing to the achievement of sustainable development. Given these requirements, we do not consider that Amendments 203X, 203Y and 203Z are necessary. However, we shall consider whether this needs to be addressed in guidance issued subsequently on the duty to co-operate.
Baroness Smith of Basildon
My Lords, I am sure that the Minister has noticed that the amendments in this group are the same as the ones that I brought forward previously, but she will be relieved to know that I shall not be repeating that discussion. I have brought them back in order to seek clarification on a couple of points.
When I read through the Hansard for that debate, it seemed that, although the noble Lord the Minister who responded to me on that occasion and I were heading in the same direction, we were on different paths. I think that there was some misunderstanding about the issue at the time.
During that debate, I listened to the Minister’s response and agreed that I would take note of what he said. However, I also wanted to read his comments to be clear about his reasons for not being able to agree to the amendment, because he certainly agreed to the principle behind them. He agreed with us that responsibility for the policies to tackle climate change relate not to just one government department but cut across departments. If the Government are to achieve their targets, they need to have policies across all areas, including planning, which is very important. Therefore, as I said to the noble Baroness, I am not repeating previous comments but am simply seeking clarification.
First, in the previous debate the Minister said that the amendment was unnecessary because neighbourhood development plans would have to be drafted, and he used the phrase “in general conformity with” the strategic policies of local plans, which would obviously include policies on climate change. I think that he was trying to be helpful. We thought that the Government would accept the amendments that we had brought forward because, if the plans can be “in general conformity with”—the phrase used by the Minister—that can exclude specifics. The reason for tabling this amendment is to see whether the noble Baroness can tighten that up a bit. I think it was agreed that, if neighbourhood development plans had to be in conformity with strategic policies and local plans, that would be a little stronger and give a clear indication and guidance that the Government intend neighbourhood development plans to take into account climate change. At the moment there is a little bit too much wriggle room, which could be damaging for the Government in trying to reach their targets.
Secondly, at that time the Minister was concerned that neighbourhood development plans should achieve reductions in greenhouse gas emissions in line with carbon budgets set under the Climate Change Act 2008. I think he was under the impression that this would mean that every area would have to achieve the same level of reduction. That is clearly impossible and was never intended in the amendment, and I shall therefore be happy if someone can come back with different wording. Both these amendments seek to ensure that all plans, at whatever level, take these issues into account so that they can make a contribution to the targets and the issue is not ignored.
The intention is no more than that, and I hope that the noble Baroness will be able to come back on both those points. Amendment 204B seeks to deal with the question of “in conformity with” and the second amendment, Amendment 206B, tries to make a contribution to the climate change targets but does not insist on equal contributions being made. I fear that, although it is not the Government’s intention, this issue could be ignored. I know from the comments made by the Minister on the previous occasion that that is not the intention but I seek to ensure that it is not the effect.
Lord Deben
My Lords, there is an issue here with which I hope the Minister will be very careful. Local authorities need to be reminded all the time, and we have had some difficulty in the past in concentrating the Government’s mind on the place of local authorities in carrying through the nitty-gritty of fighting climate change. Unless we make sure that they understand that they are on the front line and that what they do contributes a huge amount to the totality, we are going to be in difficulty. I do not think that it would matter so much had we not taken quite some time to get that into the whole run of things. This was a big issue in earlier Bills, and I hope that the Minister will understand that there is a real appetite for her to be pretty tough about this and to make sure that local authorities recognise their role.
Lord Lucas
My Lords, notwithstanding my noble friend’s strictures, I think that this is a daffy amendment due to its wording. How can development ever achieve a reduction in greenhouse gas emissions? Building a house emits greenhouse gases. The process of development necessarily involves the emission of greenhouse gases, and when you have created something at the end of that process, that continues to emit greenhouse gases, even if it emits far fewer than would have been emitted with a development done some years ago. Proposed new paragraph (b) at the end of the amendment would do great things for East Anglia. You would be allowed to build only off-shore windmills, waiting for the day when the place flooded.