Minister for Intergovernmental Relations

Debate between Lord Greenhalgh and Lord German

Monday 18th October 2021 Lords Chamber

[Lord German (LD)]

My Lords, a few weeks ago, the Secretary of State for Wales said that he had to “bite his tongue” when asked about matters relating to the devolved Government in Wales. Subsequently, he went on to criticise some of the health policies of the Welsh Government. On the need for mutual respect between the various Governments of this country, could the Minister tell the House the correct approach that Ministers should take to these devolved matters? Does it always involve biting tongues?

[Lord Greenhalgh (Con)]

My Lords, clearly, there needs to be constructive engagement on devolved matters, and I believe that there is. In fact, the commitment to Wales is really quite considerable: there has been £352 billion of support for the whole of the UK, and, in Wales, this included protecting more than 460,000 jobs through the furlough scheme. We continue to recognise the need to work closely with all our devolved Administrations.

Homeowners: Cladding-related Costs

Debate between Lord Greenhalgh and Lord German

Thursday 24th June 2021 Lords Chamber

[Lord Greenhalgh (Con)]

We have continued with the progress of the existing fund, which is now at over £5 billion. As I have said, nearly 700 buildings have had their funding approved for the remediation of other forms of unsafe cladding, similar to the type seen on Grenfell Tower. Obviously, further details around the financing scheme will be announced in due course.

[Lord German (LD)]

On 24 May, I asked the Minister about the funding gap in remediating external wall cladding. The Government estimate that £15 billion will be required to fully remediate. The Government are putting in £5.1 billion and there is £2 billion from developers. That leaves a gap of £7.9 billion. In reply, he said,

“We need to watch this very carefully.”—[Official Report, 24/5/21; col. 807.]


Having cast his watchful eye over this matter, will he say whether these figures have altered, and how the gap will be filled?

[Lord Greenhalgh (Con)]

My Lords, those are not official figures. There are a lot of estimates, and there is a great range in those estimates. We are carrying out some detailed research so that we can properly understand the incidents, particularly in lower-rise and medium-rise buildings, where remediation would be required. Then we will be in a position to know the burden that will potentially fall either on the taxpayer or on leaseholders.

Fire Safety: Leaseholder Bankruptcies

Debate between Lord Greenhalgh and Lord German

Monday 24th May 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I recognise that this crisis has built up over many decades and that the Government have a duty to step forward and help to a degree, but we must recognise that government funding does not absolve building owners of their responsibility to ensure that their buildings are safe. They should protect leaseholders where they can.

[Lord German (LD)]

My Lords, the Government have said that they need £15 billion for the remediation of wall cladding. As the Minister rightly said, the Government are putting in £5 billion, but the levy they are seeking to raise from developers will provide only £2 billion over 10 years. It is capped at that sort of figure. When and how will the gap be filled?

Wales: Replacement Funding

Debate between Lord Greenhalgh and Lord German

Wednesday 3rd March 2021 Lords Chamber

[Lord German]

To ask Her Majesty’s Government how the money replacing funding previously provided by the European Union in Wales will be administered.

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

The UK shared prosperity fund will help to level up and create opportunity across the United Kingdom in places most in need and for people who face labour market barriers. The UK-wide investment framework will be published later this year. In addition, to help local areas prepare over 2021 and 2022 for the introduction of the UK shared prosperity fund, we will provide £220 million of additional UK funding to support our communities to pilot programmes and new approaches.

[Lord German (LD) [V]]

The Minister told the House last year that Wales would receive at least the same sums of money that it had previously received from the EU—that is, money that was administered by the Welsh Government to meet priorities they set in devolved areas. Can the Minister tell us what portion of this £400 million-plus annual funding will be administered by the Welsh Government? Will the UK Government make a portion biddable across the UK? Can the Minister reassure the House that they will not use these funds to cut across devolved areas of competence without the approval of the Welsh Government?

[Lord Greenhalgh (Con)]

My Lords, the UK Government have a responsibility to support the economic health of people, businesses and communities across the entirety of our United Kingdom. The Government have committed that the devolved Administrations will be represented on the governance structure for the UK shared prosperity fund.

Leaseholders: Properties with Cladding

Debate between Lord Greenhalgh and Lord German

Thursday 7th January 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I am not aware of a specific issue with right to buy, as we saw in the 1980s. If my Twitter account is anything to go by, it is not related. This is about all leaseholders, particularly those in high-rises, as opposed to those who have just exercised the right to buy. It is in all settings, both public housing and private housing.

[Lord German (LD)]

My Lords, I rent a flat in a block of unsafe flats in London, and I am surrounded by leaseholders who suffer greatly as a result of the turmoil and fear of the consequences. Does the Minister agree that it is now time for a comprehensive financial solution to these matters, not one that tinkers around the edges? Will he tell the House what consideration he has given to the proposal he received last week from lawyers and financial advisers on behalf of leaseholders for a special purpose vehicle that would provide the £12 billion shortfall that the Government say they are unable to meet from public funds?

[Lord Greenhalgh (Con)]

My Lords, I am happy to report that I spent a considerable amount of time being briefed by Dean Buckner, who is at the heart of those proposals, the Leasehold Knowledge Partnership, and the APPG on Leasehold and Commonhold Reform. I can also say that Michael Wade has been asked by my right honourable friend to look into this matter. There was a huge amount of similarity in thinking on how to move forward. In fact, we learned a lot from the discussions. At the moment, I cannot say exactly what will be put forward. That matter is obviously above my pay grade, but we are getting there.

Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020

Debate between Lord Greenhalgh and Lord German

Thursday 10th September 2020 Lords Chamber

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

My Lords, we have had an interesting, in-depth and wide-ranging debate on the Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020. I thank noble Lords on all sides of the House for their contributions. I particularly thank the noble Lord, Lord German, and the noble Baroness, Lady Wilcox, for tabling the Motions and the Secondary Legislation Scrutiny Committee for its report drawing the regulations to the House’s attention. I would like to take the opportunity to provide some further detail on the points raised by noble Lords in this debate.

The noble Baroness, Lady Wilcox, raised consultation with local authorities. We undertook public consultation on building upwards, which included local authorities. Other temporary measures were brought forward at pace to give flexibility to local authorities to hold outdoor events. The noble Baroness, Lady Redfern, the noble Lord, Lord German, and my noble friend Lord Bourne asked why these planning measures were grouped with other coronavirus measures to kick-start the economy. This is to keep both sets of measures in one instrument; it is important to make the most efficient use of the instrument. It is possible to use an instrument to amend more than one order, which is why the compensation regulations were also amended. The noble Lord, Lord German, also queried the vehicle’s use in respect of permitted development orders. Negative procedure orders are the only way to amend the general permitted development order, as I understand it.

A number of noble Lords, including the noble Lord, Lord German, and the noble Baroness, Lady Pinnock, raised the issue of community engagement being affected by this approach to planning. The permitted development right for building upwards on existing blocks of flats is subject to prior approval by the local planning authority. This allows the consideration of key planning matters. Among other matters, they can consider the external appearance of the building and the development’s impact on the amenities of the existing building and neighbouring premises, which includes overlooking privacy and the loss of light. There is no deemed consent and these planning issues can be raised. The local authority is required to consult with adjoining owners or occupiers of the land adjoining the site.

The noble Lord, Lord German, and my noble friend Lord Randall both raised the issue of egress. New permitted development rights to extend existing buildings upwards allow engineering operations to construct the additional stories and safe access to, and egress from, the new homes. Both the noble Lord, Lord German, and the noble Baroness, Lady Pinnock, raised the issue of disruption to occupiers and neighbours. We are aware that development can have an impact on both occupiers and neighbours, and that might occur during the construction of additional homes by building upwards. To ensure that this is considered before work commences, a developer has to prepare a report setting out the proposed hours of operation and how they intend to minimise any adverse impact of noise, dust, vibration and traffic movements during the building works on occupiers of the building and neighbouring premises.

The noble Lord, Lord Bhatia, and my noble friend Lady Gardner both made the point that this does not address the problem of homelessness. A number of noble Lords—including the noble Baronesses, Lady Ritchie and Lady Wilcox—mentioned that this does not specifically contribute to the provision of affordable housing. It is true that the permitted developments do not require affordable housing provision and do not tackle homelessness. However, I point out that where additional floor space is created through the right, and the local authority has a charging schedule in place, a community infrastructure levy might be payable. In addition, registered providers or local authorities can use the right to extend their blocks to provide more affordable and social housing.

The quality of homes was raised by the noble Baronesses, Lady Wilcox and Lady Redfern, and the noble Lord, Lord Thurlow. All homes built under permitted development rights are required to meet building regulations. In addition, such developments must conform with any conditions required by the prior approval. We have introduced a new requirement that homes delivered under this and other permitted development rights must have adequate natural lighting in all habitable rooms. This issue was raised by a number of noble Lords in the debate. We expect that the developers will want to bring forward homes that are of good quality and marketable.

My noble friend Lord Bourne raised the issue of space standards. It is a government priority to see new homes brought forward, and we think that developers are best placed to assess the type and size of homes best suited to the local market. We know that some well-designed new homes delivered through both planning applications and permitted development rights are smaller than the voluntary space standards. We do not wish to place stricter requirements on homes delivered through permitted development than through planning applications. I should also point out that smaller properties can be less expensive to buy, opening up home ownership to more people.

The noble Lord, Lord Rooker, raised the issue of HMOs. Homes delivered under these rights cannot be used as houses in multiple occupation. Local authorities have the power of enforcement if there is a breach of planning laws.

My noble friend Lord Bourne, the noble Lord, Lord Thurlow, and the noble Baroness, Lady Wilcox, all mentioned the impact on leaseholders, potentially adding to enfranchisement costs. Freeholders will have to comply with the terms of any lease in taking forward proposals to extend the building upwards. The Law Commission’s report on enfranchisement valuation, recently published, includes an option for leaseholders to elect to take a restriction on future development of the property. This would have the effect of reducing the price otherwise payable when a leaseholder or group of leaseholders purchase the freehold. We are considering the detail of the Law Commission’s proposals and will make an announcement in due course.

My noble friend Lady Altmann raised the issue of prior limits on total units. You can apply to vary the conditions of a planning application. National permitted development rights do not remove existing conditions placed on a granted planning permission. My noble friend Lord Taylor raised the issue of utilities, among other issues. The right allows for the moving of existing plant—for example, the water tank or air conditioning units on the roofs of buildings.

The noble Baroness, Lady Pinnock, raised the very important issue of building safety. As the building safety Minister, this is obviously something I consider to be of the utmost importance. Ensuring that buildings are safe remains a priority for this Government. Whether homes are brought forward through a planning application or through a permitted development right, they are required to meet fire and other building safety requirements. The new permitted development right to extend existing buildings upwards allows the engineering operations to construct the additional storeys and the safe access to, and egress from, the new homes. In the interests of time, I will write to my noble friend Lord Randall on some of the issues he raised, such as the time limitation and local authority markets.

The purpose of the regulations is to enable businesses to continue to operate safely during the coronavirus outbreak and to support housing delivery and economic recovery. Together with further statutory instruments laid in July, they form a package of measures to speed up and simplify the planning process to create new homes on existing blocks of flats and help businesses to continue to operate safely and to respond quickly to changes in how communities use their high streets.

The regulations we have considered today introduce a new permitted development right which allows the upward extension of detached purpose-built blocks of flats for the construction of new dwelling houses. This builds on national planning policy to boost density without the need to build on greenfield sites. Permitted development rights make an important contribution to housing delivery, helping us to meet our plans for 300,000 new homes per year. These rights have brought forward schemes that might not otherwise have come forward.

In conclusion, delivering new homes is a key priority for this Government. These regulations are an important tool to help drive up delivery by simplifying and speeding up the planning system. They also form part of our response to help businesses operate during the coronavirus outbreak. Having introduced a new category of permitted development right to construct new dwelling houses, we are keen to ensure that the rights are operating effectively, so I can assure the noble Baroness, Lady Andrews, that we will be keeping their implementation under review and monitoring the impact. In the words of my noble friend Lord Naseby, this is a useful addition.

These permitted development rights make effective use of existing residential buildings and gently boost density. They avoid the need for sprawling greenfield development by focusing on existing residential locations and areas more likely to have access to public transport. The rights respect the appearance of the existing streetscape while ensuring that the amenity of neighbours is considered through prior approval considerations.

[Lord German (LD)]

My Lords, I am grateful for a moment to reply to the Minister. I note that the issue of the way in which these regulations and those which are to follow, which are all in the sphere of planning regulations, was not answered in the debate. It is a matter of concern for us all that we will be faced with other regulations which will address the same issues. While we have not had the answers, I have no fear that we will have an opportunity to do so again in future weeks before us and before this House.

UK Shared Prosperity Fund

Debate between Lord Greenhalgh and Lord German

Thursday 21st May 2020 Lords Chamber

[Lord Greenhalgh]

I refer the noble Baroness to my previous answer. I cannot make a specific commitment on the timing but we obviously realise that, with the pandemic, it is important to proceed as fast as possible.

[Lord German (LD)]

Will the Government not only replace the money for Wales from the European funds pound for pound but match the powers that the Welsh Government currently have over those funds?

[Lord Greenhalgh]

The noble Lord will recognise that Wales receives more per capita than any of the four nations. I have made a commitment that the overall level of the funds will, at the minimum, remain the same, but I cannot go any further on the specific funding for the various nations.