Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2020

Lord German Excerpts

Wednesday 29th July 2020 Lords Chamber

[Lord German (LD)]

My Lords, what I find strange about these regulations is that they are subject to the affirmative procedure and that we get a chance to debate them, but the associated legislation, which describes the matters on which these charges are to be levied, is not. The Secondary Legislation Scrutiny Committee felt that the latter was important enough to bring it to the attention of the House. I think the conclusion I draw from this debate is that you cannot debate these regulations without examining the other regulations.

The first thing to note is that the adding-two-storeys-to-a-block-of-flats legislation was introduced as a coronavirus measure. Alongside the uncontentious temporary use of open spaces until the end of the year for such things as restaurants and cafés, this significant piece of housing legislation—first consulted on in 2018—was slipped in. Perhaps the Government were mindful of the fact that the majority of respondents to their consultation did not like the policy.

I believe I have an interest in this matter, which I declare, in that I rent a flat in London in a block that could have two storeys added—but the one I live in has ACM cladding like the Grenfell Tower block, and it has not yet been removed. While the Government explain that the two or three extra storeys will meet building and fire safety requirements, they do not provide for the same requirements to apply to the existing building. The block in which I rent a flat clearly does not meet building and fire safety requirements, but any extra storeys would have to. Will the local authority have the power to reject permitted development rights on the grounds that the existing building does not meet fire and safety requirements? If not, what would be the mechanism for consideration of this important matter?

The Government currently restrict what issues the local planning authority can use in determining the application to the amenity of the existing block and neighbouring properties and the external appearance of the property. I note that “external appearance” are the words used, not “external construction”—a feature that is so important for health and safety but also because of the load-bearing and engineering aspects that the noble Earl, Lord Shrewsbury, and others have talked about.

The consultation process leaves much to be desired as well. While notice is to be served on owners and tenants, all comments received are to be considered only if they relate to the amenity and external appearance issues. I appreciate that the word “amenity” can be stretched, but will the Government consider the means of egress from the building, for example? Is the lift core of a sufficient size? Can the Minister tell us whether there will be further guidance to explain the issues that could be treated as amenity matters and therefore used by the local planning authority in determining the prior approval application?

I would be very surprised if developers using this legislation did not meet substantial local opposition, and that means more work for the local planning authority. It would probably have been better to charge the same fee for a full planning application, because it will not be adequately funded for the work it will have to do.