Five-year Land Supply

Debate between Lord Herbert of South Downs and George Freeman

Wednesday 4th July 2018 Westminster Hall

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

The last time I was in this Chamber, I had cause to warn the rail Minister, my hon. Friend the Member for Orpington (Joseph Johnson), that in Sussex we have a habit of burning an effigy of people who have particularly irritated us. At the moment, those who run Govia Thameslink Railway are at the top of that list, but running a very close second are those responsible for undermining the neighbourhood planning policy, which should be heralded as such a great success for this Government. It was the policy by which power was to be returned to local people, who were to have control over where development went. Decisions taken in neighbourhood plans are entered into by the whole community, having been drawn up by volunteers and then voted on by that community in local referendums. Just as we are now debating nationally the importance of honouring a referendum result, so it gravely undermines democracy locally when decisions taken by local communities can be so easily overridden. I am afraid that is exactly what is happening.

I very much welcome my hon. Friend the Minister to his place. I hope that he will take this message back to his Department. This is like groundhog day: we have had this debate endlessly in this Chamber and on the Floor of the House, and we are constantly told, “Yes, the Government understand the problem and will do something about it.” Indeed, in December 2016 Gavin Barwell, then the excellent Housing Minister and now the Prime Minister’s excellent chief of staff, introduced helpful new guidance precisely designed to deal with the problem, ensuring that neighbourhood plans would be respected and that speculative developers could not win in the way my hon. Friend the Member for South Suffolk (James Cartlidge) has ably described. The problem with that guidance is that it can apply only to neighbourhood plans made up to two years before the date of that guidance, and if local authorities did not have a three-year land supply it did not work at all.

Subsequent to the introduction of those new measures, I have had at least two decisions taken right up to the Planning Inspectorate or the Secretary of State and then lost on appeal because that guidance could not be used. It offered no protection to the local community on those technicalities and the speculative developers won. It is important to underline my hon. Friend’s point: that is not the way to increase house building in this country. We stand united in our desire to increase housing supply, which is a political, economic and social imperative. Everybody gets that, but the whole point is that neighbourhood plans delivered significantly more housing than was anticipated and, best of all, they did it with local consent.

Local communities were brought together and told that they would be given power. They were asked to accept responsibility and they did so, taking difficult decisions, sometimes in the face of strong local opposition, and agreed that development should go in certain places while other places should be protected. Those communities worked on the assumption that what they had been told was true, so those areas were to be protected for the 15-year life of the plan. However, almost within months they see that meant absolutely nothing; the developers could simply charge in.

Worse, those communities were given promises by their local Member of Parliament that everything would be made better by the new guidance, from December 2016, which the Campaign to Protect Rural England, I and hon. Friends who worked on it all said would help. No doubt it has helped in some circumstances, but by no means all, as I indicated. What happens then is support for neighbourhood plans collapses. In West Sussex, I now find it difficult to persuade communities that have not done neighbourhood plans to enter into them. They say, “Look at what happened in the neighbouring village. They went through this process, which costs a lot of money and costs the volunteers a lot of grief. Is it really worth it? The developers come in and simply overrode the plans anyway.”

[George Freeman]

My right hon. Friend is putting a powerful point to the Minister about the undermining of trust in the system. Does he agree that something else is going on? Where, in my case, the district council agreed to put housing in the right place, down by the main road—the A11 in this case—the developers are banking those permissions for later, because they know that they will get them, and using the five-year land supply to force the wrong development in the wrong places. Not only is trust in the system undermined, but we are getting the wrong development in the wrong places, which is deeply undermining people’s ability to say yes to new housing. It is compounding the problem.

[Nick Herbert]

My hon. Friend puts it incredibly well, and I strongly agree. That is why this is so cynical. We have to understand that developers are not just taking advantage of a loophole but gaming the system. As a consequence, I believe we are building fewer houses than we could if developers had to do what policy should require and deliver. I know that my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) has been charged with looking at this, and that is important, but there are changes we could make in the meantime, as my hon. Friend the Member for South Suffolk has suggested.

I will make two final points to the Minister. First, the Government are incorporating the guidance they issued in December 2016 into the new national policy framework. Could they look again at the threshold for the three-year land supply and the longevity of the test? Under both those things, the suitability of this as a remedy is being lost. It is not as effective as it should be. Could the Government also look at the wording they are using to incorporate it? It defines “recently brought into force” neighbourhood plans as meaning

“a neighbourhood plan which was passed at referendum two years or less before the date on which the decision is made.”

That is leading some to believe that neighbourhood plans simply fall after two years, which I am sure is not what the Government mean. It would be helpful to clarify that they do not mean that.

Secondly, and more important, our policy needs to change and we need to move away from five-year land supplies to delivery as the test. That is the fundamental change that needs to be made if we want to build houses and we wish to do so with public consent. I suggest that is the better way to do it.

Oral Answers to Questions

Debate between Lord Herbert of South Downs and George Freeman

Monday 9th July 2012 Commons Chamber

[George Freeman (Mid Norfolk) (Con)]

5. What steps she is taking to help the police prevent crime in rural areas.

[The Minister for Policing and Criminal Justice (Nick Herbert)]

The Government fully recognise the vulnerabilities of rural communities to particular crimes. The central grant to police forces continues to take into account the needs of rural areas. The election of police and crime commissioners will give rural communities a voice in determining local policing priorities.

[George Freeman]

I thank the Minister for that answer. His is a strong voice in reassuring people that the Government take crime in rural areas seriously. Will he join me in welcoming the excellent work that Norfolk police authority has done to clamp down on crime in rural areas? Does he agree that the central tension that such rural authorities face is between centralising work to prevent hardened crime from taking hold in rural counties and decentralising to maintain a strong footprint? Does he agree that joint working, as between Norfolk and Suffolk, is important in targeting resources?

[Nick Herbert]

I agree with my hon. Friend about the value of joint working and collaboration between forces, as is happening between Norfolk and Suffolk. That is a good example of how savings can be made. It is one reason why Norfolk has been able to increase the proportion of its officers who are on the front line, according to last week’s report by Her Majesty’s inspectorate of constabulary.