National Planning Policy Framework

Debate between Lord Goldsmith of Richmond Park and Brandon Lewis

Thursday 5th March 2015 Westminster Hall

[Brandon Lewis]

My hon. Friend makes an excellent point. The Government have been working to roll out a series of workshops around the country to enable people to come together to hear about the benefit and value of neighbourhood planning from people who have done it. There was one not long ago in Norwich, in my county of Norfolk. Broadland district council has done some fantastic work in supporting the local community. I see examples of it everywhere. At the summit on Monday, Broadland district council offered to talk to other areas—even those outside Broadland—about the benefits of neighbourhood planning, and about how to do it and how to move it forward in a straightforward way.

The issue of speculative development has been raised a couple of times today. Members touched on the community right of appeal, which we went into in some detail in our debate a few weeks ago, so I would encourage Members to look at that transcript. Where local authorities do not have an up-to-date local plan or policies, the presumption in favour of sustainable development applies. However, that does not mean development at any cost. Speculative development is not acceptable if it is not sustainable development. Decision makers are required to consider all aspects of sustainable development, including the economic, social and environmental aspects, and inspectors do that.

I will give some examples of recent appeals that demonstrate that inspectors sometimes find that development is unacceptable even in the absence of an up-to-date local plan. That relates to my point about making councillors more aware of the decisions that are actually being made. It is important to remember that the proportion of decisions that are made on appeal by a planning inspector against a council’s decision has not changed in a long time—it is still about 1%—which shows that, in that sense, the system works.

We will not necessarily prevent developers from doing what they do, which is to try to get something developed, if they think it is profitable for them. However, if there is an up-to-date local plan in place, and especially if there is an up-to-date neighbourhood plan in place, and a developer wants to do something outside those plans, unless it has the support and agreement of the community that should be the hardest thing they ever try to do. It should be pretty much impossible to achieve.

For example, in Aylesbury Vale, appeals against applications for several thousand homes were recommended for refusal only last month, and the recommendations were upheld by the Secretary of State. Despite the lack of a five-year housing land supply, an inspector considered that the proposals would have had an adverse impact on the character and appearance of the landscape, and were not supported adequately by sustainable transport provision. In Chichester, an inspector concluded that a proposed development of 110 homes would be “mediocre” and “unimaginative”, and therefore contrary to the requirements of the framework. Those are just a couple of examples.

I will ensure that we do more to publicise recent cases more widely to reassure councils that unsustainable development can be resisted. I will also ask the Planning Advisory Service to work with local authorities to ensure that our message is clearly understood. The framework does not stand for development at any cost. It promotes positive planning and sustainable, good-quality development.

I am also aware of the many concerns of local authorities that consider that they have to waste considerable time and resources in defending challenges to their housing supply. We will therefore issue new guidance to clarify the operation of the five-year housing land supply, which will give local authorities greater confidence in resisting challenges to their evidence, if they have prepared it appropriately.

I wholeheartedly agree with my hon. Friends that the provision of timely and robust infrastructure is vital to delivering sustainable development. National policy and guidance already set out clear expectations for securing infrastructure provision in the planning process. Local authorities already have a range of legislative tools to deliver that in a timely and transparent manner. Furthermore, the cumulative impact of development and the need for infrastructure to support development are material considerations in deciding whether individual applications should be approved. I hope councillors will make themselves aware of that.

My hon. Friends the Members for Richmond Park (Zac Goldsmith) and for Cities of London and Westminster (Mark Field) raised issues about the section 106 changes, permitted development rights and the Government’s recent consultation, to which we will respond shortly. The vacant building credit applies to non-residential buildings, and the relief is intended to reflect the often high costs of conversion and refurbishment that are associated with bringing existing buildings back into use. One of the points that I would have made to Westminster council, if it had contacted us directly—I have said this elsewhere—is that the buildings were vacant, so the authority’s argument that it is losing money does not stack up. The buildings are not currently in use and are not proposed to be used for anything. Therefore, they are new, fresh opportunities for residential use. However, I will write to my hon. Friend the Member for Cities of London and Westminster with full details about how the process works, and I am happy to meet him and/or the local authority to go thorough the issues. On the issue of permitted development rights, he is right that there have been exemptions for parts of London.

On the comment made by my hon. Friend the Member for Richmond Park about section 106, I will say two things. First, I have a great deal of sympathy with the arguments. We looked at that issue as part of the consultation, and I will deal with it when we respond. I am sympathetic to why the exemptions were put in place, and I understand their importance for the strategic commercial work spaces that we have in London. That is why those protections were introduced. I appreciate that there is a strong argument that nothing has changed.

[Zac Goldsmith]

I do not know the stats for Westminster, but in Richmond the majority of the units that have been converted so far have not been empty. They were occupied by businesses that were pushed out by artificially raised rents to achieve exactly that outcome, so what the Minister says is not strictly speaking correct.

[Brandon Lewis]

I would gently say to my hon. Friend that he should not conflate two different things. When I was talking about vacant properties, I was talking about the vacant building credits, to which my hon. Friend the Member for Cities of London and Westminster referred. My hon. Friend the Member for Richmond Park is referring to section 106 agreements that cover office-to-residential conversions, which is a different development right. I appreciate that there is a difference between the two. If local authorities think there is a specific issue in an area, they can use article 4 directions to deal with that. However, I will take my hon. Friend’s points on board.

I am extremely grateful for the forthright debate that we have had today.