Localism Bill

Lord Gardiner of Kimble Excerpts

Tuesday 7th June 2011 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, a Bill that seeks to provide new freedoms and flexibilities for local government and new rights and powers for communities or individuals, makes the planning system more democratic and effective and where decisions about housing are taken locally is to be warmly encouraged. The main premise of this legislation is soundly based, and one which I believe in its fulfilment—and, from what noble Lords have said today, with refinement—will be of great benefit to the people of this country. Trust, and trusting people, must resonate throughout what I have described as this great tome. All too often, legislators have decided that they know best. I do not seek to make a party point, because I believe that Governments of all colours have had the penchant for centralising power, but this Government have brought forward a very considerable proposal to reverse this tide and give people in their own communities a greater say in how best to run them.

I should declare my interest as a landowner, but also as executive director of the Countryside Alliance. A truly local agenda has long been a main thrust of the alliance's manifesto. Nowhere is this more true than in the areas of housing and planning in the countryside. The policy of imposing top-down housing targets on local government has failed. Last month, a report from the Institute for Public Policy Research suggested that England faces a shortfall of 750,000 homes by 2025. Not only would this mean that there would be insufficient housing, but it would also lead to a further 1.2 million people requiring social housing. There is already a shortfall, with nearly 1.8 million households on social housing waiting lists. This is a particular concern for rural communities where young families represent their future sustainability. Some 11,000 new affordable homes per year are needed over the next five years in settlements of fewer than 10,000 inhabitants. As there are some 16,000 small towns, villages and hamlets across England, this should be an eminently achievable target.

There are numerous examples of communities working together to develop housing schemes. I was extremely fortunate to open one last month at Whitchurch in Buckinghamshire for Hastoe Housing Association. The parish council was closely involved and an attractive development was built next to the village school. There are now at least a further five children from the development on the school roll.

I very much hope that the Government will find a way forward in this Bill to deal with vexatious village green applications, which have been used as a means of stopping or delaying much-needed rural housing. These applications have been made despite planning permission being granted and the parish council enthusiastically backing the housing scheme, and sometimes the houses have even been built and occupied. My experience has been that communities are opposed to new housing if they feel it is being imposed from outside, is not meeting the needs of local families and all too often has been unsympathetic in its design. This Bill provides many opportunities for progress.

We should enhance the role of the parish council, which should be trusted more to take local decisions. These councils already produce parish plans, which in turn form part of supplementary planning guidance. The proposed neighbourhood development plans could build on and use these existing parish plans rather than carrying out further expensive consultations. Communities will be given the ability to save local assets threatened with closure, by allowing them to bid for ownership and management of community assets. This is to be welcomed; there are already many positive examples. Indeed, in 2006 one of the Countryside Alliance Awards winners was Sulgrave village shop and post office. When the village shop closed, it was purchased by the village, through the parish council, and is now run by 60 part-time volunteers, aged between 16 and 80.

I express some considerable reservations, which have already been aired by a number of other noble Lords, about the consequences—and I emphasise the consequences—of the right to buy initiative as currently in the Bill. This by my reading suggests that local authorities will acquire the right to put anyone's land or buildings that can be called community assets, on a list, with no right of independent appeal. The owner of anything on this list cannot then sell, give away, or transfer to his or her family that land or building until the local community has had a chance to raise the funds to bid for them, which could take up to nearly a year. We must find a way through so that this strong disincentive for owners to make their land available is avoided. I use just one example to highlight this: if an owner wishes to transfer his farm to the next generation and in the middle of the farm is a field which he has permitted the local cricket club to use, this Bill’s provisions as currently drafted could come into operation. I cannot believe that this is the intention of the Bill, but I fear this may be the consequence. I ask the Minister to reflect on this as to how best this unintended consequence can be resolved.

Overwhelmingly, this is a Bill is intended to strengthen local decision-making, placing trust in local communities to take responsibility for themselves and to take decisions which affect them and their future. For these reasons, I support the principles which underpin it.