Parliamentary Constituencies Bill

Debate between Lord Russell of Liverpool and Lord Campbell of Pittenweem

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Thursday 8th October 2020 Lords Chamber

[The Deputy Speaker (Lord Russell of Liverpool) (CB)]

The noble Lord, Lord Randall of Uxbridge, has withdrawn from this group, so I call the next speaker, the noble Lord, Lord Campbell of Pittenweem.

[Lord Campbell of Pittenweem (LD)]

My Lords, I will be brief, taking full advantage of the speech of the noble Lord, Lord Young of Cookham, whom I wish to congratulate on bringing this matter to the attention of the Committee and, indeed, persevering with it to the extent that we now know that consensus has been achieved. In that respect, it would be only right and proper to thank the noble Lord, Lord True, for being constructive in these discussions. The noble Lord referred to the noble Lord, Lord Cormack, who certainly deserves a mention in dispatches as having been a very fervent supporter of the principle, albeit with a different figure in mind.

The mischief that this amendment seeks to address is the fact that, under the previous legislation, the Government had what one could reasonably describe as an unfettered discretion, which has now been substantially removed. The consequence is that the onus will rest with the Government to establish whether or not the exception that is contained can be fully supported. I venture to suggest that the Government—any Government—will find it a lot more difficult to defend exceptional circumstances that would have had reasonable practicability.

Business and Planning Bill

Debate between Lord Russell of Liverpool and Lord Campbell of Pittenweem

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 20th July 2020 Lords Chamber

[Lord Campbell of Pittenweem (LD) [V]]

My Lords, I propose to speak only to Amendment 56, tabled by my noble friend Lady Pinnock and to which I have added my name. It is approximately seven hours since this stage of proceedings began. Throughout, I have been reminded endlessly of two lines of a poem by Robert Frost:

“But I have promises to keep,

And miles to go before I sleep.”

However, noble Lords should not be apprehensive, because I hope only to make some comments in addition to those of my noble friend, to underline what I believe is the very strong case for this amendment.

At Second Reading and again in Committee, I raised the question of the impact on amenity of extending construction hours. I hope the noble Lord, Lord Greenhalgh, will forgive me if I say that I have been a little disappointed in the responses, both from him and his noble friend the Minister who has dealt with other parts of the Bill. It is worth reminding ourselves that an extension could go on until 1 April 2021, could be seven days a week and could extend to a whole day. It does not take much to realise that there is considerable potential for impact on the amenity of households, churches, hotels, hospitals and care homes.

It is helpful to ask why planning authorities imposed conditions for working hours. As my noble friend has already indicated, the purpose is to provide a balance, and part of that balance is the protection of amenity. In every instance, an authority will have been required to reach a judgment about how that balance should be constructed. It seems to me that it follows logically that any increase in hours will tilt that balance against amenity and in favour of the applicant.

The difficulty with what we are considering is that we do not know to what extent that may occur on any one of the occasions in which an extension is sought. That is why I believe it is a matter of necessity to require applicants to produce an impact study to the planning authority, together with plans for mitigation. I believe it can reasonably be argued that that is in the interests of both the planning authority and the applicant. First of all, the planning authority is working against a very tight timetable, and, so far as the applicant is concerned, it is obviously in their interest that as much information as possible can be provided to the planning authority. I believe therefore that an impact study is a necessity.

Indeed, I go further than that: the decision of the planning authority is an administrative one, and any administrative decision of this kind could be subject to judicial review. It would be much easier to resist any such application for judicial review if it could be demonstrated that the applicant had produced the impact assessment to which I have referred and that the planning authority had taken it into its considerations.

[The Deputy Speaker]

The noble Baronesses, Lady Kennedy of Cradley and Lady Neville-Rolfe, have withdrawn from the list. I call the next speaker, the noble Baroness, Lady Kramer.

Business and Planning Bill

Debate between Lord Russell of Liverpool and Lord Campbell of Pittenweem

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[The Deputy Chairman of Committees]

The noble Baroness, Lady Valentine, has not joined the list so, after the noble Lord, Lord Campbell, I will move on to the speaker after her.

[Lord Campbell of Pittenweem (LD) [V]]

My Lords, I will speak to Amendments 55 and 57, originally put down by my noble friend Lady Pinnock and to which I have added my name. The reason I do so is that, at Second Reading, I raised the question of the possible impact on amenity of those who might be affected by the extension of working hours. In response, the noble Earl, Lord Howe, met my argument by saying that it was always a question of balance. Self-evidently, of course, that is correct, but the question is whether the balance is tilted in these proposals against individuals and organisations that might be affected by an extension of hours. It is important to remember that conditions in relation to hours are put down in order to preserve amenity, and if a planning authority has reached a certain judgment in relation to that, such that an extension as proposed is granted, then self-evidently amenity will have been affected. We tend to think of these matters as being about individuals, but of course hostels, schools, care homes and churches might all be liable to be affected.

It is worth reminding ourselves—there has already been a passing reference to it—that the duration of works can extend to a whole day. As I understand it, any extension granted would have effect until 1 April 2021, so this is not a temporary matter, and it is possible to conduct these extended operations seven days a week. That is why Amendment 55 is a reasonable and sensible obligation to place upon an applicant. It requires an assessment of impact on the community and plans for mitigation of any such effect. Here, to some extent, it echoes the position of the noble Lord, Lord Randall, on the need for an assessment of the impact on the environment and conservation interests and plans to minimise disturbance. I venture to suggest that an obligation to produce an assessment is as much in the interests of the applicant as it is of the planning authority.

Amendment 57 seeks to extend the period of 14 days by agreement and therefore allows for proper consideration and, if necessary, co-operation between the planning authority and the applicant. It is clearly the case that if these matters could be resolved by co-operation, then that is much more likely to be an acceptable solution for the applicant, the authority and the citizens or institutions that might be affected.