Infrastructure Bill [Lords]

Debate between Lord Herbert of South Downs and Rebecca Harris

Monday 8th December 2014 Commons Chamber

[Nick Herbert]

I strongly agree with my hon. Friend, and I share his concern. While all four of the district councils in my constituency are preparing responsible plans for the delivery of substantial numbers of houses, speculative applications are being made by developers who are circling villages like hawks. They want to get in quickly and secure planning permission that would otherwise not be given under the local plans but is being allowed in this instance because the planning inspector is taking a view of the provisions for five-year land supply that is excessive and unrealisable.

The inspectorate has just examined Horsham district council’s plan. It makes substantial provision for housing in the area to meet local need, but the five-year land supply provision presumes that building could take place at a rate that has never been achieved by the local authority and never could be, because it does not take account of the fact that developers did not build using the existing permissions that were given by the local authority in the years of the economic downturn. The five-year land supply provision is resulting in the allowing of developments in villages in my constituency that will damage the villages and erode green space between them that should be maintained, and runs against what local people seek in their neighbourhood and local plans.

If we are to deliver the localism that we promised, it is important for top-down intervention by the planning inspector to be prevented. After all, in our Conservative party manifesto we made this pledge:

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

If we believe in localism—if we want to put power and responsibility in the hands of localities through neighbourhood and local plans, which is already proving very successful, and which does not produce fewer houses but produces them by consent in the places where people want them—we should not allow a body that is based in Bristol to come in and effectively rewrite those plans, because that undermines the localism that we promised.

[Rebecca Harris (Castle Point) (Con)]

Does my right hon. Friend suspect that the planning inspectors are overriding local plans because they want to chase councils to make them hurry up and complete their plans? Could that be a deliberate policy?

[Nick Herbert]

I suspect that there is something in what my hon. Friend says, and that the purpose of pursuing a tough approach is to ensure that local authorities produce their plans as swiftly as possible. The four district councils in my constituency are proceeding as fast as they can, making very difficult and sometimes controversial decisions about where development should take place. Villages in the constituency are beginning to write neighbourhood plans which require a great deal of local effort from volunteers, which are complex, and which take time. It is unfair to penalise bodies that are making responsible decisions by allowing speculative applications that harm the process of building consent.

Growth and Infrastructure Bill

Debate between Lord Herbert of South Downs and Rebecca Harris

Monday 17th December 2012 Commons Chamber

[Nick Herbert]

My hon. Friend makes his point powerfully. The principle of localism is enshrined in the very name of the legislation recently mentioned and was set out in the coalition agreement. Under that principle, local communities should now have the power—on an objective assessment, I agree—to gauge the level of need. They are best placed to determine whether there is sufficient local infrastructure and what the environmental damage would be, and balance that against the economic needs of their area. They are best placed to determine the right level of housing in their area.

[Rebecca Harris (Castle Point) (Con)]

Does my right hon. Friend agree that often what statutory consultees such as the utility companies and the Highways Agency assure people is sustainable for the local infrastructure does not tie up with the reality of people’s everyday existence on the ground?

[Nick Herbert]

I agree, and one problem is that some of the agencies charged with giving a statutory response to draft development plans do not properly engage with those plans or give an assessment of the impact on roads, schools, drainage and water supply and so forth which accurately grapples with the increase in demand. There is not a properly joined-up process.

I suspect that the Minister will point me to the new national planning policy framework, which says that local planning authorities should work with other authorities and providers to

“assess the quality and capacity of infrastructure…and its ability to meet forecast demands”.

The provision does not, however, quite say that local authorities should ensure that local infrastructure is sufficient to match demand, but that is what the new clause says. It places a statutory duty on planning authorities to identify the demand on infrastructure caused by a new development. That is a stronger duty than under the national policy framework.

I recognise that there is little time left, and I am anxious to hear the Minister’s reply, but I want to impress upon him that since I tabled the new clause just a few days ago many Members of this House, as well as many members of the public and councillors, have expressed concern about the issue. There is widespread concern about it. There is insufficient provision in existing legislation to ensure local infrastructure is provided when necessary development is put in place.