Neighbourhood Planning Bill

Debate between Lord Jackson of Peterborough and Lord Herbert of South Downs

3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons
Tuesday 13th December 2016 Commons Chamber

[Nick Herbert]

I strongly agree with my right hon. Friend. The actions and behaviour of developers in mid-Sussex have also caused a delay of the plan, which has delayed the building of essential new housing as well as undermining neighbourhood plans.

There is a problem with the measure of the five-year land supply, which should be assessed in an accurate and honest way and not in a way that is capable of being gamed by the developers.

The second way in which neighbourhood plans can be overridden is when local authorities do not have a plan. Clearly, that is not a satisfactory situation, and the Government are seeking to address it. The problem is that this allows for a free-for-all in the area. Apparently that free-for-all can include neighbourhood plans, in the sense that when the local authority is drawing up its plan, it can override the neighbourhood plans not just with the allocation of strategic levels of housing, as was always envisaged, but with the requirement that neighbourhood plans wholesale are rewritten, as has been suggested to some communities in my area. Neighbourhood plans can also be overridden because the needs of a local plan, which often now have to provide far more housing than was originally intended, are said to come first. Those are problems for the principle of responsible neighbourhood plan making and local democracy.

[Mr Jackson]

Is my right hon. Friend aware that in its call for evidence in October 2015, the Local Government Association invited the Government to look again at the methodology for five-year land supply in local planning authorities? Does he not think that it might be considered potentially quite draconian to put a de facto moratorium into this Bill?

[Nick Herbert]

I am not proposing a moratorium, because I think it is essential that we build houses in this country and, as I have said, neighbourhood planning has produced more housing than was expected.

There is a real danger that if we undermine public support for neighbourhood planning we will undermine the principles of localism and will not get people to participate in neighbourhood planning in future. As I have seen in my constituency, neighbourhood planning, about which people were slightly cynical in the first place but became enthusiastic, is now being described in a very detrimental way, and some communities are saying that they will not go ahead with neighbourhood plans.

--- Later in debate ---

[Mr Jackson]

I begin by declaring an interest: for six years I have been honorary vice-president of the Local Government Association. I congratulate my right hon. Friend the Member for West Dorset (Sir Oliver Letwin). I hope his amendment finds success in the other place. I also want to mention the doughty champion, the hon. Member for Hyndburn (Graham Jones), who, together with my hon. Friends the Members for Congleton (Fiona Bruce) and for Enfield, Southgate (Mr Burrowes), has been very much at the sharp end of this important debate, as indeed I was at one time with my “stop the FOBTs” campaign in Peterborough city centre.

I ask the House to look at the wider context of the practical implications of new clauses 7 and 8, and also amendment 28 tabled by my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell). We were all elected on a manifesto commitment to increase the supply of housing, and we all, I think, agree with the national consensus that we are in the middle of a housing crisis at present. We also need to look at this Bill within the wider context of generational fairness and social equity between those who own capital and those who wish to acquire capital. That is an important issue. I strongly welcome the likely publication in January of the housing White Paper and I hope that this important debate and Bill feed into that.

In that context, I draw the attention of the House to a useful paper published today by Daniel Bentley for the Civitas think-tank, “Housing supply and household growth, national and local”. It examines housing supply projections and puts a nominal figure on the real impact of the housing crisis. My right hon. Friend the Member for Arundel and South Downs (Nick Herbert) put his case in his usual erudite and well thought-through way, but my challenge to him and others is this: will their new clauses and amendments improve the position? The projected housing supply for the county of Sussex in 2015-16 did not even meet 50% of the figure for projected annual household formations from 2014 to 2039. Few local authorities are meeting those targets. Even the Secretary of State for Communities and Local Government has used the conservative figure of 220,000 new homes being needed to keep pace with population change over the period to 2039. Some estimates, including those in the paper, suggest that the figure may be as high 330,000. I will not proceed down the path of discussing immigration, but, according to the Local Government Association, 49% of household formation over that period will come from net migration, so it is a big issue.

In 2015-16, we physically built only 163,940 new homes, although more were created through 5,000 conversions and 35,000 changes of use. In the 30 fastest-growing non-London local authorities only five managed to outstrip the difference between housing supply and housing growth by percentage increase: Dartford; Uttlesford; Aylesbury Vale; Slough; and Ashford. Of the 30 non-London local authorities with the highest population growth, in nominal terms only eight built enough houses to meet long-term need. While not perfect, the national planning policy framework has helped in some respects. Oxford, for example, has produced only 66% of its need based on population growth, but thanks to its duty to co-operate with other local authorities, such as South Oxfordshire District Council or Vale of White Horse District Council, it is meeting its targets on a sub-regional strategic housing level, which is good.

My right hon. Friend the Member for Arundel and South Downs and I have crossed swords before on the NPPF way back in 2012, but we must not put in the Bill a potentially wide-ranging and draconian measure that would effectively stymie the building and development of appropriate homes. We all have horror stories about the Planning Inspectorate. For example, the village of Eye near Peterborough was grossly overprovisioned with residential accommodation, with the inspectorate completely ignoring the hundreds of petition signatures, public meetings and so on, but we are where we are with the current system. Nevertheless, the NPPF already sets out the appropriate weight to be given to relevant policies between neighbourhood plans and the adoption and development of local plans, structure plans and site allocation plans.

New clause 7 would discriminate against local planning authorities that produce timely, robust local plans and that have adhered to the correct procedure for consultation, public inquiries and the Planning Inspectorate. We must bear it in mind that there might be an inadvertent consequence.

[Nick Herbert]

I am listening carefully to my hon. Friend, and I do not want him to traduce the intention of the new clause, which is not to prevent house building, but to ensure that neighbourhood plans are protected. I repeat my earlier point: neighbourhood plans have produced more housing than was anticipated. As he took such an interest in Sussex, I should point out that many district councils in West Sussex, including in my constituency, are producing housing far in excess of the south-east plan to meet local demand.

Housing and Planning Bill

Debate between Lord Jackson of Peterborough and Lord Herbert of South Downs

Monday 9th May 2016 Commons Chamber

[Nick Herbert]

I understand my hon. Friend’s concern. Indeed, a number of hon. Members are concerned about this issue, as the Minister knows. As I explained in my earlier intervention on him, the intention of the original amendment to introduce a neighbourhood right of appeal was not just to redress a perceived inequity that developers have a right of appeal but communities do not; it was to deal with this particular problem, whereby we cannot allow the whole policy of neighbourhood planning, or the democratic decision, to be undermined in the public eye, given that we accept that a local planning authority does reserve the right to make a strategic allocation. That is understood, but that is a rather different position from suddenly deciding that an area should be developed contrary to a neighbourhood plan.

[Mr Jackson]

My right hon. Friend is making an impassioned case on behalf of his constituents, but does he not see the other side of gaming? It might be possible for a local planning authority that has not produced a local plan to move a residential development on to the neighbourhood plan scheme and, with a right of appeal that would, over time, stymie the development of much-needed housing.

Oral Answers to Questions

Debate between Lord Jackson of Peterborough and Lord Herbert of South Downs

Monday 12th September 2011 Commons Chamber

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

It is entirely a matter for the chief constable and police authority how they deploy their resources. There has been some rationalisation of custody and we are also very supportive of those forces that seek to contract out custody facilities and in so doing improve their service and save money.

[Mr Stewart Jackson (Peterborough) (Con)]

T4. The Equality and Human Rights Commission posted qualified accounts in 2009-10 and the auditors found poor financial management, poor record keeping and poor leadership. What specific actions will the Minister take to rectify this problem and to ensure that taxpayers’ money is not wasted by that organisation?[Official Report, 14 September 2011, Vol. 532, c. 9-10MC.]

Oral Answers to Questions

Debate between Lord Jackson of Peterborough and Lord Herbert of South Downs

Tuesday 28th June 2011 Commons Chamber

[Mr Stewart Jackson (Peterborough) (Con)]

What message is sent to potential offenders and police officers—one of whom is my own brother—by the guidance of Sir Paul Stephenson, the Metropolitan Police Commissioner, that even the most offensive language used against a police officer will not now result in an offence under public order provisions.

[Nick Herbert]

I share my hon. Friend’s concern. We should all agree that it is wholly unacceptable for people to swear at police officers. Whatever the merits of that guidance or the legal position, we should stand by our police officers in the job that they do. They should not have to expect that kind of treatment.

Police Grant Report

Debate between Lord Jackson of Peterborough and Lord Herbert of South Downs

Wednesday 14th July 2010 Commons Chamber

[Nick Herbert]

No. I accept no part of what the hon. Gentleman says. We are talking about in-year cuts in relation to police forces of less than 1.5% of their Government funding, and we do not believe that that will mean that police forces have to cut front-line services. We believe that forces can make efficiencies, albeit in in-year services, so we do not believe that it will impact on crime levels. Indeed, I should say that the reason we have to make these savings is this Government’s inheritance from the previous Government, which left us with a budget deficit. It is our responsibility to tackle it, and if the hon. Gentleman and his hon. Friends have concerns about future police funding levels, they should address them to their right hon. Friends who were in charge of the country’s Exchequer and finances, and who supported the misjudgments that have left us all in this position.

[Mr Stewart Jackson (Peterborough) (Con)]

Obviously we want an honest debate that is essentially focused on the evidence. Is it therefore noteworthy that on 20 April the former Home Secretary, the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson), specifically ruled out guaranteeing that police numbers would stay the same or increase? That is important for Opposition Members to take into account.

[Nick Herbert]

My hon. Friend is exactly right. On 20 April, in a “Daily Politics” general election debate, the right hon. Gentleman, now the shadow Home Secretary, was asked in terms whether he could guarantee that police numbers would not fall if Labour formed the next Government. He replied, “No.” He could not offer any such guarantee. But more than that, we know that the Labour Government were planning—indeed, we inherited spending plans—to cut departmental budgets by £44 billion a year by 2014-15. That would have been £44 billion of unallocated spending cuts. Where did they think they were going to get that money from? What services were they going to cut? They would not tell us, but the figure implied an average real reduction for unprotected Departments of 20%. Let us be clear: where cuts have to be made to police forces, they are Labour’s cuts; they are the cuts that Labour bequeathed to us because of its financial mismanagement.