Housing and Planning Bill

Debate between Lord Herbert of South Downs and Clive Betts

Monday 9th May 2016 Commons Chamber

[Nick Herbert]

I think my hon. Friend has expressed the Government’s concern about the particular amendment and the proposal for a neighbourhood right of appeal. He has shown why they were not willing to accept it as drafted, and why they rejected it and seek to do so again.

I understand the Government’s concern in this area. I am seeking not to drive a coach and horses through the local planning system or to stymie house building, but to ensure that this very important policy, which is producing more housing than was anticipated and which reflects local needs, is not wrecked because local support for it is undermined. That is certainly in danger of happening in my constituency in West Sussex where neighbourhood planning was going very well, but people are now starting to say, “Well, what are neighbourhood plans worth if they can so easily be overturned?” That is why action in this area is necessary. The Government have taken a step towards it by seeking to insist on an amendment in lieu, which would require local authorities to identify where there was a conflict with the neighbourhood plan. That does not go far enough, because it merely reflects what happens in the planning system at the moment. I welcome the Minister’s willingness to engage with concerned Members on this issue, his understanding of its importance and his commitment to look at it again, perhaps with a view to some future proposals that will ensure that the policy of neighbourhood planning is upheld.

Although I appreciate the reasons why the Government wish to insist on their amendment in lieu for the reasons that my hon. Friend the Minister set out about the specific right of appeal, I do hope that the Government will not dismiss the intention behind the amendment and will honour the commitment that they have made to Members to look again at this important issue. Where we have given local communities a say, we must stand by that commitment, particularly when they have voted democratically. It will damage the policy of neighbourhood planning if we do not. That is why future action, properly constrained in a way that does not stymie planned development, is so important.

[Mr Betts]

I shall speak to Lords amendment 10B, 47B and 47C.

The Minister is right to say that the Conservatives had a manifesto commitment to build starter homes. Although I may have some disagreements with elements of that policy, I respect it. It is the will of the electorate, and the Government have every right to put it into practice. However, what the Government did not say at the election was that, in large parts of the country, people who could not afford to buy a home would find it virtually impossible to find an affordable home to rent, or that, as a result of their policy, people’s chances of finding that affordable home to rent would be substantially diminished and, in some cases, removed altogether. That is the impact of the policies that are in the Bill, connected with other Government policies as well.

When I intervened on the Minister, I raised the issue of section 106 agreements and the requirement that starter homes should make up 20% of homes on that site. I do not think that there are any sites in my constituency where there will be a 20% requirement. In fact, I cannot think of many sites throughout the whole of the city of Sheffield. That is not because the local authority does not want affordable homes built as part of 106 agreements, but because market values are so low that the sites would not be viable if a higher level of affordable homes were insisted on. That means that the policy of the local council conforms with paragraphs 47 and 48 on viability and deliverability in the national planning policy framework, which are a key element of Government policy. Therefore, in complying with Government policy, the local authority would be in a position where, in order to conform with the requirement to have at least 20% as starter homes, there will be no other affordable homes built as part of 106 agreements in my constituency; they will be gone completely.

If that is put alongside the Government policy on spending on housing for the remainder of this Parliament, there will be no money for councils or housing associations to bid for to fund affordable rented housing—it will all go on shared ownership and starter homes. There will be no new building as part of the Government’s spending grant availability.

On top of that, as a result of the rules about higher value council homes being sold off, every single vacant property in the slightly better off parts of my constituency is likely to be sold off, so there will be no vacant council properties coming up for rent. The Government have produced no figures whatsoever on how the money that comes in from the sales of those properties will add up to the replacement of the housing association property once the discount has been provided for. Then there is the contribution towards a brownfield remediation pot and a replacement council home. There is no possibility that the home sold off by the council will be replaced by a property that is for affordable rent.

The reality is that in large parts of my constituency no affordable homes for rent will be built through section 106, or through Government grant provision. Affordable homes for rent will be sold off in their totality in some parts of the constituency, with no like-for-like replacement. That adds up to one simple fact: where people are in urgent need of housing for whatever reason, their urgent need will remain, but there will not be an urgent offer of a property, because it will not exist. People in my constituency who have been on the waiting list for 15 years or more will wait not 20 or 25 years, but for ever, because a property will never become available under these policies.

The Bill and other Government measures effectively mean the end of social rented housing in large parts of my constituency, for the simple reason that there will be no social rented housing available to offer people on the waiting list or in urgent need.

Housing and Planning Bill

Debate between Lord Herbert of South Downs and Clive Betts

Tuesday 5th January 2016 Commons Chamber

[Nick Herbert]

I strongly agree with my hon. Friend. The whole point of the policy of localism and neighbourhood planning is that people are told explicitly that they will have control and be able to determine where development goes and protect land that they do not allocate for development for a period of, say, 15 years of the life of the plan. If that is overturned very quickly, or even as they complete their plan or just before it is passed by a referendum, that undermines confidence in the whole policy of localism. That is bad for the policy of neighbourhood planning and for the Government’s policy of localism. It means a return to a system of planning by appeal and a developer-led system, which undermines support for new housing, when what we want is a plan-led system. For all of those reasons, the policy that allows speculative developers to creep in at the last moment and undermine plans is wrong. That loophole needs to be closed.

Developers have the right to appeal against planning permission that is refused, but the community has no right of appeal, which is part of the problem. The only recourse is to invite the Secretary of State to call in an application that appears to run contrary to national policy, but that is very much a last resort. Many of us have been grateful to the Secretary of State when he has been willing to do that because something appears to have gone wrong in a local area, but that is not a process on which we necessarily want to rely.

Before the election, I and others proposed a community right of appeal, which commanded a lot of support in this House. We are now proposing a more limited, neighbourhood right of appeal. That would give communities or defined people in a community, such as a parish council, the ability to mount appeals against speculative planning applications that are granted if they run contrary to a neighbourhood plan or an emerging neighbourhood plan that is very close to being completed. That would allow a form of redress and introduce a check into the system. It would send a clear signal to developers that the abuse of the neighbourhood planning process is no longer allowed.

A number of organisations, including the Campaign to Protect Rural England and Civic Voice, support the proposed neighbourhood right of appeal, which I think would create a sensible balance in the planning system and strengthen the very good policy of neighbourhood planning.

The second set of amendments contains amendments 80 to 87 to clause 115, which places a new duty on local authorities to report on the financial benefits of proposed developments. The problem with the clause is that it is not balanced by any duty to assess the costs of proposed developments. It undermines public support for new housing when people see that inadequate infrastructure is provided to support it. If people are already concerned about access to the local school of their choice, the congestion on local roads, the waiting times at their local GP surgery or even more immediate and profound things such as the ability of the sewerage system to cope with increased development, which has been an issue in my constituency, and additional infrastructure is not provided when new housing is built, thereby exacerbating those problems, it undermines the support for new housing. If we address the infrastructure deficit more effectively, it will build support for the new housing that is so desperately needed to give people the chance to get a foot on the housing ladder.

This set of amendments would simply require local authorities, as well as assessing the benefits of proposed developments, to assess the costs. Those costs would include the infrastructure costs. This proposal would not prevent development, but it would require a proper assessment of the costs, which is not otherwise being done. There is a problem in that local authorities have a shared responsibility in this area. The local authorities that are granting planning permissions or making plans are not always the same authorities that are responsible for providing the elements of infrastructure, which are often county councils. Policy is not joined up in that respect. There have been repeated attempts through guidance and assurances to address infrastructure concerns, but they have not been adequate to meet local concerns. These amendments would again provide a reasonable balance in the system.

I hope that the Minister will consider my amendments favourably. If he is unable to accept them, I hope that he will at least say what he proposes to do to address the very legitimate concern on the part of local communities that if development must come, it should first be in accordance with neighbourhood plans and secondly be matched with suitable infrastructure to support it.

[Mr Betts]

I signed the amendments tabled by the right hon. Member for Arundel and South Downs (Nick Herbert) on the necessity of demonstrating to communities how the infrastructure requirements of any development will be completed and carried out. I agree with him that the greatest concerns that people have about developments, whether they be in small villages, city centres or suburban areas, is what the impact will be on local traffic arrangements, whether local public transport will be provided, whether there will be sufficient capacity in doctors’ surgeries and schools, and whether the water and sewerage systems will be capable of dealing with the demands of the developments. All those things are extremely important. Currently, there seems to be no automatic way in which a planning authority has to reassure communities that those issues will be taken into account when it approves a planning application.

I draw the House’s attention to a report that the Communities and Local Government Committee produced in the last Parliament, in which we looked at the operation of the national planning policy framework during its first two or three years. Recommendation 11 stated:

“In setting out the reasons for approving development, decision-makers should fully explain the consideration they have given to its impact on infrastructure and explain how and where they expect the infrastructure to be provided, and to what timetable.”

In other words, if an application is to be approved, it should be clearly laid out that a planning authority has considered how the infrastructure associated with, needed and required by that development will be provided, who will pay for it, and to what timetable it will be produced.

communities and local government committee

Debate between Lord Herbert of South Downs and Clive Betts

Thursday 18th December 2014 Commons Chamber

[Mr Betts]

The hon. Gentleman’s last point is a very good one. We did not take particular evidence on it, but it does aggravate councils up and down the country. We made a recommendation that a look should be taken at how the process could be simplified. We did not go into the specifics, but boxes of documents at the Planning Inspectorate for one local plan for a relatively small district showed how complicated the process has become. At a time of spending and resource constraints, many councils are struggling to finish that complicated process. We think that the Government, the Planning Inspectorate and local government should sit down together and revise and simplify the process.

[Nick Herbert (Arundel and South Downs) (Con)]

As a strong supporter of localism and neighbourhood planning in particular, may I echo the warm welcome for the hon. Gentleman’s Committee’s report, which correctly identifies a number of the issues confronting local communities? May I also join in his plea to the Minister to pay attention to the recommendations, to respond to them constructively and as soon as possible, and in particular to deal with the problem of the loophole that is allowing speculative development applications, with developers circling villages like hawks, waiting to pounce on greenfield sites that are not in identified local or neighbourhood plans, and as a result undermining faith in the localism we promised?

[Mr Betts]

That sentiment was expressed very strongly to us when we met the 60 representatives of community groups and parish groups. We consistently heard the message that people did not feel in control of what was happening in their own areas. If there was no local plan in place, they felt completely unprotected against individual applications for developments that they felt would be unsustainable. The right hon. Gentleman gave evidence to the Committee on precisely those points and we took that very much into account in our recommendations.

Local Plans (Public Consent)

Debate between Lord Herbert of South Downs and Clive Betts

Wednesday 9th July 2014 Westminster Hall

[Nick Herbert]

The lesson to the Minister is clearly either to take public transport or to be driven around in an enormous ministerial car. Nevertheless, I am grateful to him for coming to my constituency, then to Chichester, to meet local people and to hear for himself about the problem.

My suggestions are, first, to strengthen the process of neighbourhood planning—to make it easier, not harder, for local communities, to give them more support and to make the process less bureaucratic. Secondly, we should tackle the overweening power of the Planning Inspectorate. The inspectorate is out of control and it is defying localism. People do not want orders from a quango in Bristol. If we are serious about localism, we must deal with that.

The Conservative manifesto stated:

“To give communities greater control over planning, we will abolish the power of planning inspectors to rewrite local plans.”

My hon. Friend the Member for Fylde said that if the Planning Inspectorate was not given new marching orders, hon. Members might decide for themselves that those marching orders should be given. I propose amendments to the Infrastructure Bill to send a clear signal to the Planning Inspectorate that what it is doing is undermining localism and support for local housing, and that that must stop.

[Mr Clive Betts (in the Chair)]

I thank Members for helping us get to the wind-ups on time.