Sewel Convention

Debate between Lord Greenhalgh and Lord Lansley

Monday 13th June 2022 Lords Chamber

[Lord Greenhalgh (Con)]

I thank my noble friend for raising common frameworks, which I know this House has spent quite a bit of time working on and refining. I am sure that they provide a guideline on how we should engage with the devolved Administrations and will help to strengthen the union as a consequence.

[Lord Lansley (Con)]

My noble friend will be aware that treaty making is a reserved power to the United Kingdom Government, but the scope of the treaties into which we are now entering, particularly trade treaties, often impinges directly upon devolved powers and the devolved Administrations. When reporting under CRaG, Ministers have told the International Agreements Committee when they have consulted the devolved Administrations but they have not consistently told us what the DAs have told Ministers would be their objectives and what they are looking for. Will my noble friend help Ministers to ensure that their explanatory memorandum under CRaG covers this?

[Lord Greenhalgh (Con)]

I am sure that we need to get the explanatory memoranda right. In addition, the Government recognise that we need to engage early so that legislatures and Administrations have as much time as possible to consider these matters before they are signed, in the case of treaties, or become Acts, if they are Bills. Of course, I take my noble friend’s point on board.

Business and Planning Bill

Debate between Lord Greenhalgh and Lord Lansley

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Lord Greenhalgh]

I am grateful to my noble friend Lord Lansley for speaking to this group of amendments which relate to the extension of planning permissions and listed building consents. These amendments have been supported by my noble friend Lord Balfe. Let me begin by saying that this is a very unusual and challenging time for the development industry, and we recognise that many developers of residential and commercial buildings have had to pause projects.

First, I recognise my noble friend’s comment that the proposed extension for those permissions and consents due to lapse close to 31 December 2020 will represent an extension of only three months, and I take his point about the quality of those three months. However, where a planning permission is due to lapse earlier in the year, for example in September, it would benefit from an automatic extension of closer to seven months. This, we believe, is proportionate.

Secondly, we should be clear that these measures to extend planning permissions and listed building consents are intended to support developers to implement their permissions—that is, to make a start on site—as we know that many of them will have experienced disruptions or delays due to the pandemic. However, it need not take very extensive works to implement a planning permission, and we think it is reasonable to expect starts on site to take place by 1 April 2021. I note my noble friend’s points about the community infrastructure levy, but we have made provisions so that the payment can be deferred and I am sure we will see improvements with regard to the current delays in the discharge of pre-commencement planning conditions.

Finally, my noble friend will be aware that we have included powers to extend, by regulations, both the 31 December 2020 date and the 1 April 2021 date to allow more or longer extensions, should that become appropriate. I am happy once again to commit to my noble friend on the Floor of your Lordships’ House that I would be pleased to engage with him on this matter in the coming months as we better understand how the industry is recovering from the impacts of the pandemic.

My noble friend also spoke to Amendments 59, 62, 66 and 68 to Clauses 17 and 18 in relation to the scope of the additional environmental approval process. These amendments would shift the cut-off date for those permissions which require additional environmental approval in order to be extended to April 2021. This date is currently set at the date these provisions take effect, which is four weeks after Royal Assent. My noble friend’s amendment would shift this to 25 June 2020 to cover just planning permissions that have expired. He will understand that where planning permission has lapsed, an extension effectively reinstates the permission, thereby permitting something that otherwise would not be allowed to go ahead. So it is right in those circumstances, having regard to our environmental commitments and obligations, to check whether the existing environmental assessments are still up to date. However, it is important that these provisions capture not only permissions which have actually lapsed, but those which, while technically still extant as of now, in practice could not be implemented within their original time limit. That is why it is right that there is a short delay between this Bill achieving Royal Assent and the cut-off date when these provisions take effect.

Developers with a permission that has not yet expired, but which is due to do so before these provisions take effect, still have the option to implement their planning permissions now, if they can. This would avoid any need to apply for additional environmental approval. If they cannot, it is right that before an extension is granted, there should be a check on whether the requisite environmental assessments remain up to date. The process for doing so is not burdensome, is focused and would be free of charge for applicants.

I hope that with this assurance my noble friend will feel able to withdraw Amendment 59 and will not press the others in this group.

[Lord Lansley]

My Lords, I am very grateful to my noble friend Lord Balfe and the noble Baronesses, Lady Pinnock and Lady Wilcox, for their contributions to the debate and for their positive remarks. I am also grateful to the Minister for his response. He demonstrated that he is trying to work this through as a practical issue. There are powers in the Bill to change the dates for the extension later on by way of regulation. I will consider what he said in his reply before we think about this on Report. It seems to me that if we recognise the strength of the case we should perhaps reflect it in the Bill to some extent, but there may be other and better ways of achieving that than in my amendments to date. I beg leave to withdraw the amendment.

Planning Process: Probity

Debate between Lord Greenhalgh and Lord Lansley

Tuesday 16th June 2020 Lords Chamber

[Lord Greenhalgh]

Of course these requirements apply to the Secretary of State, but it is absolutely clear that at every step of the way, he disclosed all that he needed to disclose to the department, and that he followed the rules set out in the MHCLG’s propriety planning ethics.

[Lord Lansley (Con)]

My noble friend will be aware that public confidence in planning appeals and called-in decisions on appeals depends on speedy and independent reports from the Planning Inspectorate. Considerable progress was made last year, following the Rosewell review, in speeding up Planning Inspectorate decisions, but we may have lost quite a lot of that in the last few months. How might the Planning Inspectorate speed up its decisions in the months ahead to give greater confidence in these decisions being made?

[Lord Greenhalgh]

My Lords, probity in the planning system is absolutely critical to its function. We are also aware of the delays in making decisions on the part of the Planning Inspectorate. The Secretary of State and Ministers have insisted on the Planning Inspectorate responding to the current environment and delivering decisions from mid-June by virtual means.

Covid-19: Planning System

Debate between Lord Greenhalgh and Lord Lansley

Monday 8th June 2020 Lords Chamber

[Lord Greenhalgh]

I note the point about the potential deferral of sizeable planning applications, but at the moment we have introduced measures that are pragmatic and temporary to enable a proper continuation of the planning system, even for major decisions.

[Lord Lansley (Con) [V]]

My Lords, I declare an interest as chair of the Cambridgeshire Development Forum. Can my noble friend assure the House that the Government are following through on their guidance to local authorities by ensuring that they make a swift and positive response to requests from developers to extend construction working hours, so as to facilitate safe working and social distancing?

[Lord Greenhalgh]

My noble friend raises an incredibly important point. It is important that we recognise that the extension of construction hours, as provided for in the guidance, is there to enable construction to continue within social distancing guidelines. We will continue to ensure that it is enforced through regular engagement with the construction industry and other interested parties.

Covid-19: Housing

Debate between Lord Greenhalgh and Lord Lansley

Monday 18th May 2020 Lords Chamber

[Lord Lansley (Con)]

My Lords, I declare an interest as chair of the Cambridgeshire Development Forum and I welcome my noble friend to his ministerial position. Will the Government introduce primary legislation to give a general power to local authorities so that they will be able to extend planning permissions that are currently in force, taking into account the disruption to construction and development activity?

[Lord Greenhalgh]

The Government are aware, from both local planning authorities and the development industry, that there are delays caused by the Covid-19 pandemic. There is a risk of unimplemented planning permissions collapsing and therefore undermining the delivery of projects. We recognise these concerns and are considering whether permissions should be extended.