Local Plans (Public Consent)

Debate between Lord Herbert of South Downs and Nick Boles

Wednesday 9th July 2014 Westminster Hall

[Nick Herbert]

I agree with the hon. Gentleman.

I have two suggestions for the Minister. He is listening, and I am grateful that he came through my constituency last week, sweeping past the village of Kirdford, which I have described, in his large ministerial car—

[The Parliamentary Under-Secretary of State for Communities and Local Government (Nick Boles)]

I have tried to bite my tongue for a long time in the debate, but I feel the need to point out to my right hon. Friend that I was driving my own car, without a driver or a private secretary. I was on my way to Chichester. Furthermore, on the A3 on the way back I had a tyre blow-out; I had to change the tyre myself.

[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.

National Parks

Debate between Lord Herbert of South Downs and Nick Boles

Monday 24th February 2014 Commons Chamber

[Nick Boles]

I am relieved to hear, Mr Speaker, that the cut-off is not after half an hour, but at 10.30 pm. I am therefore happy to take as many interventions as Members want to make.

To address my hon. Friend’s question briefly, she is absolutely right that the critical need, particularly in national parks, but also in many of the most beautiful and highest value areas of the country, is for affordable housing of various kinds. I have visited a couple of excellent community land trust projects, not in her constituency but in other parts of my home county of Devon, where I was born and grew up. It is important that we support great projects such as those and make it easier for them to persuade landowners to provide land for affordable housing development, perhaps in exchange for the right to undertake more profitable development. I am happy to look at anything more that we can do on that with the Housing Minister, the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Keighley (Kris Hopkins).

[Nick Herbert]

If my hon. Friend goes down the route of guidance, may I caution him against using the guidance to give national park authorities a nudge in the direction of saying that buildings should be converted, as he suggested? We should allow national park authorities to exercise their judgment on these matters and allow the Sandford principle to apply. That principle states quite clearly that, in the event of a conflict, conservation trumps economic development. These are often sensitive matters. In my constituency, a beautiful old barn is being considered for development. The national park authority is weighing that up carefully. A push in one direction would not be helpful and could be contrary to the principle on which the park was set up.

[Nick Boles]

My right hon. Friend is always helpful in raising concerns about unintended consequences, but he is unnecessarily worried about that particular point. I did not say that the guidance should tell national park authorities that they should approve applications; I said that they should view applications in a positive manner. He knows how guidance works. It does not require anybody to do anything; it simply says, “You should take this into account as a material consideration in your decision making.” Nothing in guidance can undermine the much more important established legal duties that are unique to national parks. This is simply a question of balance.

Development might be appropriate for some national park authorities—there are differences between them. Some national park authorities are more open-minded and willing to try out different forms of development than others. All we are saying is that before they immediately say no because they think that the best way to preserve the beauty of their national park is for a particular building to stay exactly as it is, unused by modern agriculture, we would like them to think creatively about whether it could be used in a more positive way. I do not think that that in any way undermines the fundamental principles that national parks must prioritise above all other considerations according to their original, founding duties.

Planning and Housing Supply

Debate between Lord Herbert of South Downs and Nick Boles

Thursday 24th October 2013 Westminster Hall

[Nick Boles]

I will move on to the infrastructure point; I am happy to take more interventions after that. That is because my right hon. Friend the Member for Arundel and South Downs (Nick Herbert), who spoke so passionately and so persuasively, as he has done so many times before, on this subject, raised a particular point about a commitment to make a clearer reference to the need for infrastructure to be planned in planning guidance.

When my right hon. Friend raised that point with me before this debate, I was very concerned that I had failed to deliver on a commitment made on the Floor of the House, and that that was something I needed to correct. I will not suggest to him that it is impossible to improve on what we have done, but I would like to reassure him that my officials—being marvellous officials—put in something that addressed the concern that he raised and the commitment that I made; it just may not be something that he considers to be sufficient. I will quote from the new draft planning guidance, because it is important that we all understand it. It says:

“Local Plans set out a vision and a framework for the future development of the area, addressing needs and opportunities in relation to housing, the economy, community facilities and infrastructure”.

That is the introductory phase. Then it says specifically:

“The Local Plan should aim to meet the objectively assessed…infrastructure needs of the area”.

Then it says something even more specifically, which directly addresses the point of whether it is possible to ensure that a development only goes ahead once the necessary infrastructure has been put in place, and only after that necessary infrastructure has been put in place. We have made direct provision

“that a condition”—

that is, a planning condition—

“may be used to prohibit ‘development authorised by the planning permission or other aspects linked to the planning permission...until a specified action has been taken (such as the provision of supporting infrastructure).’.”

That is the element where we have attempted to make it clear that planning authorities can very reasonably say, “Yes, we’ll pass this planning application, yes, we will consent, but it can only go ahead and be built out once that infrastructure has been put in place.” I believe that the use of conditions is the right way to do it, as well as the plan making that makes the broader plans for infrastructure. However, I am very happy to invite my right hon. Friend to meet my officials and to come up with a better solution if one can be found that addresses his concerns.

[Nick Herbert]

I am grateful to my hon. Friend the Minister and I will have a look at the specific provisions that he says address the concern that we raised last December, and that he committed to bring forward; I thank him for that. Can he assure me that the proposals in the guidance in relation to infrastructure will enable a local authority, in drawing up a plan, to adjust the housing number that it sets, such that the number may be lower than the strategic housing market assessment provides, because of infrastructure considerations?

Localism in Planning

Debate between Lord Herbert of South Downs and Nick Boles

Wednesday 17th July 2013 Westminster Hall

[Nick Boles]

I entirely understand that. I might well wish that we were in a world where we could say to everybody, “You’ve got a year. Make as much progress as you can in a year, and nothing will happen in that year.” My right hon. Friend will understand that, given the level of housing need and the appalling record of housing delivery even during the boom—when, frankly, money, developer finance and mortgages were not a problem—it is simply impossible for us to impose that kind of moratorium. However, I can tell him that in a matter of days, we will introduce the planning guidance that we have long promised and that will address the issue of the weight given to emerging plans. We will make it clear that once a plan has reached the point that, first, it has become specific and, secondly, it has gone through a fairly substantial level of public consultation, it will become something of real materiality—to use the lawyers’ phrase—as a consideration in decision making.

[Nick Herbert]

My hon. Friend and I agree about housing need and the value of plans when they are formed—it is good to hear that weight will be given to emerging plans in the new guidance—but my concern is that he seems to be giving the impression that everything is going swimmingly; it is not. The very neighbourhood plans that it is so important for people to embrace—he believes in that as much as I do—are being undermined, because people will walk away if they think that the inspectorate will overturn those plans. It is therefore a mistake entirely to dismiss the idea of giving stronger guidance. Unless people have confidence that they can take such judgments without their being overturned, they will not engage in the process. That is the damage that is being done. Commitments on giving weight to emerging plans have been given before. They were given during the passage of the Localism Bill. So far, those commitments have not counted for anything.

[Nick Boles]

Perhaps this is the core of our disagreement: my right hon. Friend argues that I am too sanguine, and I say that he is in too much of a panic. Even on neighbourhood planning, the fact is that the figures for April, June and July show that the number of communities engaged in it has gone from 650 to 710 to 750, that the number of plans designated has gone from 300 to 360 to 408, and that the number of plans published pre-submission has gone from 24 to 28 to 35, so progress is being made. I understand that people are concerned, which partly prompts them and gives them the incentive to get the move on that we all want in trying to avoid unwelcome developments.