Neighbourhood Planning Bill

Debate between Lord Shipley and Lord Greaves

Committee: 1st sitting (Hansard): House of Lords
Tuesday 31st January 2017 Grand Committee

[Lord Shipley (LD)]

My Lords, I should remind the Committee at the outset that I am a vice-president of the Local Government Association. I want briefly to express my support for the objectives set out by the noble Baroness, Lady Cumberlege, in her amendment, which provides a foundation for and gives a clear sense of direction to the Bill. The crucial word of course is “duty” in that the amendment seeks to place in the Bill a duty on the Secretary of State to undertake certain actions, one of which is to uphold neighbourhood development plans and not simply to think that such a plan can actually be overwritten because a planning inspector or the local planning authority suddenly feels that the neighbourhood plan is out of date or may no longer apply. This is important because if the duty does not exist, it means that local people cannot have confidence in the fact that the neighbourhood plan they have produced will actually stand the test of time. The second duty on the Secretary of State would be to ensure that local planning authorities had sufficient resources to enable them to own, implement and defend—a very important word—neighbourhood development plans.

This amendment is important and I hope that discussions may be held prior to the Report stage at which the Minister might give us some indication of what the Government are prepared to do to give greater force than is provided by the Bill to the development of neighbourhood plans which can stand the test of time. One problem we have had to date is that local planning authorities have not been as supportive as perhaps they ought to be, and as I said at Second Reading, there has been a problem about the creation of a five-year land supply. A neighbourhood plan, where it has been adopted in advance of the local plan being agreed, then finds itself under pressure which may, in the view of the Secretary of State, lead to it having to be revised.

The noble Baroness, Lady Cumberlege, has said many wise things, one of which was to express her concern about poor-quality development in defiance of good planning principles. This Bill is about building communities, not just building houses. The noble Baroness reminded us of how the roles are confused between the Secretary of State, and through the Secretary of State the Planning Inspectorate, the local planning authority and the neighbourhood plan. This needs to be sorted out and I hope very much that the Minister will be agreeable to trying to find a way to do so that gives even greater weight to the statutory importance of neighbourhood plans.

[Lord Greaves (LD)]

My Lords, I should declare my interests again as we begin a new stage of the Bill. I am the deputy leader of Pendle Borough Council and a member of a development control committee. I am also a member of the neighbourhood planning steering group for the parish of Trawden Forest, which may provide an interesting view of the planning situation from different sides, not the least of which is discussing a new piece of legislation about it today.

Neighbourhood planning is new, which I suppose is why the Government are feeling their way along with everybody else and why we seem to get an annual Bill to fettle the legislation a little. Although some 1,800 projects have been started, and some finished, around the country, it is still very much a minority pursuit throughout England—that is something I want to return to on another amendment.

It seems more and more important for local planning authorities and neighbourhood planning bodies, whether forums or parishes, to work closely together and have good working relationships. It is becoming clear that in some places where difficulties are occurring in getting neighbourhood planning off the ground or carrying it out it is because those relationships do not exist. From the planning authority point of view—the district, the borough, the unitary authority or whatever it is—there is not an openness and a willingness to change the way they work and to accommodate the whole idea of neighbourhood planning, which can make things a great deal more complicated.

--- Later in debate ---

[Lord Greaves]

I have a question for the Minister about Amendment 6, which he spoke to some time ago, while I also support my noble friend with her more ambitious amendment. Amendment 6 would amend paragraph 8 of Schedule 1 to the Town and Country Planning Act, and is about notifying parish councils and so on of planning applications. The inclusion of neighbourhood forums here is extremely welcome, giving them the right to have this. However, parish and town councils already have this right. Reading the amendment, I cannot quite understand what would be different in practice for parish councils from the rights they already have to be told about planning applications when they come in and to have their views on them taken into account—in other words, to be consulted. What is the difference? Why is all this extra wording needed for parish councils over and above what is there already?

[Lord Shipley]

My Lords, I found this a very helpful debate and conclude that if not now at some point soon the Minister will have to define words. The noble Baroness, Lady Cumberlege, drew our attention to an important issue around the definition of the word “modification”. When I read the Bill for the first time, I assumed that it would be really very minor in practice. However, it may not be and I am not sure that we can wait until a month after the coming into force of Part 1 for that word to be defined. It is material to what is in the Bill.

Clause 3(2) states:

“After subsection (4) insert … A local planning authority may at any time by order modify a neighbourhood development order they have made if they consider that the modification does not materially affect any planning permission granted by the order”.


The word “materially” starts to become very important. What is the difference between affecting and materially affecting a planning permission? We need to get this sorted out so that we understand it, otherwise we will end up with a modification which I thought was minor actually having the potential to be much more substantial, as the noble Baroness, Lady Cumberlege, pointed out. In addition, I should like to be clearer about what a material effect would be on a planning permission granted by the order. I want to understand that before we reach the Report stage. However, the debate as a whole has been extremely useful.

Housing and Planning Bill

Debate between Lord Shipley and Lord Greaves

Wednesday 23rd March 2016 Lords Chamber

[Lord Greaves]

My Lords, we now move on to the part of the Bill that is about housing development linked to applications for development control under the 2008 Act for nationally significant infrastructure projects. This series of amendments probes the provisions which will take the housing element of such projects—where they are linked to infrastructure projects—out of the hands of local authorities and allow people to make the application for development consent under the infrastructure system and to include the housing provision within that application.

The purpose of tabling these amendments is to ask some related questions. A very useful briefing note from the Department for Communities and Local Government, called the Housing and Planning Bill: Nationally Significant Infrastructure Projects and Housing, does answer some of the questions I had in my mind when I tabled these amendments. Nevertheless, some questions remain, and one fundamental issue has a big question mark against it.

Amendment 102CA would name the housing projects which are linked with the infrastructure projects “subsidiary”, which seems to me an appropriate word. It is important that they be seen to be subsidiary or ancillary and not a major part—even if they are 30% or 40% of the reason for the development. Housing ought not to be the reason for the development. Infrastructure projects are the reason for the development.

Amendment 102CC, to new subsection (4B) of Section 115 of the Planning Act 2008, states:

“‘Related housing development’ means development which … (a) consists of or includes the construction or extension of one or more”,

new dwellings. I take it that “consists of” is okay—it “consists of” housing or “includes” housing. What else is there? That is the question. I take it that the “what else” is not the infrastructure, but something else. Therefore, why do things other than housing need to be included?

Amendments 102CF and 102CG challenge the geographical reason for allowing people to include housing in an application for development consent. The briefing note on page five sets out clearly that the Government intend that there will be two reasons for allowing housing development. The functional need ought to be allowed. Paragraph 17 states that:

“Where housing is being provided on the basis of a functional need”,

the limit for the number of houses can be up to 500, which seems rather a lot, even for a functional need. Perhaps the Government can tell us under what circumstances an infrastructure development might also require 500 houses. But paragraph 16 states:

“Where housing is being provided on the basis of geographic proximity to an infrastructure project, the maximum amount of permanent housing that could be granted consent”,

is also 500 houses. I do not understand why the Government are going to allow a national infrastructure project to be put forward with up to 500 houses when the only connection between those houses and the project is geographical proximity: either adjacent or, as my Amendment 102CD puts it, “close to”—the briefing note says up to a mile away.

It seems that the planning permission for new housing estates of up to 500 houses—perhaps most are smaller—is being taken out of the hands of local planning authorities just because the estate in question is next to, or within a mile or so of, a new infrastructure project. I cannot understand the logic of this. I can understand why landowners might want to link them together and perhaps fund one out of the other. Five hundred houses, by any standards, is a big new housing development. It ought to be in the hands of the local planning authority. The guidance sets out that the Secretary of State, in making his decision on the application for development consent, will have to take account of the local plan and the national planning policy framework, and whether it is in a national park or ecologically significant, for example. All these things will need to be taken account of. Local planning authorities do that all the time. However, issues such as design, the relationship between the new development and the existing communities, local highways issues, access, or even Section 106 agreements for new bus services ought to be in the hands of the democratically elected local planning authorities, not put into the hands of the Secretary of State.

There are very good reasons why the national infrastructure planning system exists for national infrastructure projects. There are reasons that I can understand for housing being part of the project—when it is directly related to those projects because it is for people who are going to work there—and it is sensible to put in a planning application for development consent. However, I see no reason at all why local authorities should have this decision seized from them by the Secretary of State simply because a project is next to a new national infrastructure project, even if none of the people living in those houses is going to be associated with, connected with or working at the new development. It seems to be a step too far in the centralisation of the local planning functions of local authorities, and yet another move away from localism to centralism. I beg to move.

[Lord Shipley (LD)]

My Lords, my name is associated with Clause 144 stand part, and I agree entirely with what my noble friend Lord Greaves has said. I regard this as a very important issue because it effectively cuts out local authorities from the planning process on a nationally important infrastructure decision. Simply permitting an applicant to go straight to the Secretary of State to secure approval seems to me to be the wrong approach. What my noble friend said helps us to solve the problem.

Housing and Planning Bill

Debate between Lord Shipley and Lord Greaves

Wednesday 23rd March 2016 Lords Chamber

[Lord Greaves (LD)]

My Lords, I rise to move Amendment 101BGB. We are moving on to Clause 142, which is about planning obligations—Section 106 and so on.

This clause sets up a new procedure for resolution of disputes and there is a new schedule in the Bill which forms new Schedule 9A of the Town and Country Planning Act 1990. It sets up a new and quite complicated procedure for resolving disputes on Section 106 obligations when the local planning authority and the applicants are having difficulty coming to a conclusion. My amendment simply applies this to Section 106 agreements in relation to housing, rather than Section 106 agreements as a whole.

It is generally true that there are two types of Section 106 agreements. The first relate to housing and affordable housing. They are often very controversial and difficult to reach conclusions on; indeed, consideration has recently been given to ways in which they can be lifted, or their alleged burden reduced. These are in a wholly different category from normal Section 106 agreements, which simply provide necessary local infrastructure, nowadays closely related to the actual site of the application. This procedure seems long, convoluted and complex compared with ordinary, simple Section 106 agreements, and may result in applicants dragging out discussions longer than is necessary in the hope that they can get away with paying a bit less.

There are perhaps more important amendments in this group; however, it seems to me that the Government want to use a sledgehammer to crack what are in fact quite small nuts. I beg to move.

[Lord Shipley (LD)]

My Lords, my name is attached to Amendments 101C and 101D. I can be brief because we discussed the issues from which these two amendments derive during our consideration of the housing elements of the Bill earlier in Committee. Amendment 101C makes it clear that the Bill should be about all tenures of housing, not just owner-occupation. Amendment 101D would leave out lines 6 and 7, which give the Secretary of State the power to define affordable housing however he wants to define it. That power is a problem and those words should be removed from the Bill. I hope the Minister will concur.

We discussed in some detail the definitions of affordable housing and affordability. I am concerned that the Government muddle the two terms. We have a statement right at the beginning of the Bill that starter homes are to be defined as affordable homes, but for many people they are not affordable at all. Given all the evidence we have had from organisations such as Shelter, it seems to me wrong to use terms that cannot be justified. It seems even more wrong to give the Secretary of State the power to redefine terms which are already wrong. “Affordable” and “affordability” have clear dictionary definitions, and whichever dictionary the Minister cares to consult in the Library, the definitions are always the same: they relate to people having the resources to pay the bills. Given that many people cannot pay the cost of a starter home, it is wrong to define a starter home as affordable.

I hope the Minister will be able to respond, but these amendments will probably be brought back on Report in a form that joins them to other concerns about the nature of affordability.

Housing and Planning Bill

Debate between Lord Shipley and Lord Greaves

Thursday 17th March 2016 Lords Chamber

[Lord Greaves]

My Lords, this little group of amendments—in moving Amendment 87, I shall also speak to Amendments 88 and 88B—is about the promotion of neighbourhood planning in unparished areas and a general duty on local authorities and particularly the Government to promote neighbourhood planning.

Amendment 88 is a way of sneaking on to the agenda, with the assistance of the Public Bill Office, which was extremely helpful as usual when it rejected my first efforts, the question of setting up new parish councils in unparished areas. We are talking about urban areas more than any others. Most rural areas, villages and a lot of small towns now have parish councils or town councils, whatever they call them. However, huge swathes of urban England do not have any form of parish council. The amendments are based on the view that parish councils ought to be pushed and promoted more rigorously in those areas.

The link to neighbourhood plans is that, although neighbourhood plans can be put through by two different kinds of qualifying bodies—a parish council or a neighbourhood forum, which has been set up and approved by the local planning authority in an unparished area for the purpose—almost all the neighbourhood plans which have been adopted are in parished areas. I am not sure exactly how many are not, but I think they can be counted on the fingers of one hand. Of the 1,800 which are under way, the great majority are in parished areas.

The reason for this is quite clear. Parish councils exist. They are a body of people with links, networks and systems of knowing what is happening in the world outside. They have understood that neighbourhood planning is possible and, as an existing body, they have taken it on board. If there is no such body in an area, or if there are only community groups or community associations which are not linked to these sorts of systems, it is going to take a lot longer. However, it is fairly clear that neighbourhood planning can be as beneficial in unparished areas as in parished areas. In many of them, where development is being proposed in urban areas, neighbourhood planning could be very valuable.

The amendments raise the issue of what the Government are doing, first, to promote neighbourhood planning in unparished areas and, secondly, to get parish councils going in unparished areas. Do the Government know how many of the 1,800 are in parished areas and how many in unparished areas? Is there a way of finding out? As I say, I think there is a handful of adopted plans in unparished areas.

Since tabling these amendments, I was asked to attend a meeting with many of the civil servants involved in this part of the Bill—who I think were a bit curious to find out what all these amendments put down by Lord Greaves were all about—and I was certainly curious to find out what they had to tell me. A great deal of it was extremely helpful and I thank them very much for that meeting.

Since then, I have had a letter from, I think, the head of neighbourhood planning at the Department for Communities and Local Government. The letter has some very interesting and extremely helpful information which I did not previously know, particularly about neighbourhood planning in deprived areas and the efforts which the department and the Government are making to promote this. I will not read it all out, as it would take too long—and perhaps the Minister is going to tell me some of it anyway—but it refers to,

“Building capacity and take up in deprived urban areas by training community organisations to be able to lead neighbourhood planning in their neighbourhoods … Working with Community Organisers to use neighbourhood planning to tackle issues faced by communities in deprived urban areas”,

and so on. This all looks very good. I have not had time to look into it any further since receiving the letter this morning, but I shall be doing so.

The letter also talks about having,

“More powers for neighbourhood forums to become parish councils”.

It also sets out the legislative changes which have already been made—which are, in my view, not sufficient but are welcome—and talks about, in particular, speeding up the process by shortening the amount of time a local authority can take to complete a governance review. A local governance review happens when the authority receives a petition from the necessary number of electors and has to conduct a review as to whether to set up a parish council, more parish councils or whatever it may be.

The letter then goes on to the encouraging part:

“The next phase of work on making it easier to set up new parish councils will be to publish the updated DCLG Local Government and Boundary Commission … Guidance on Community Governance Reviews. This will set out the new legislation and establish the working principles to ensure the guidance becomes a living document reflecting the evolving devolution landscape”.

That sounds good, but does the Minister know when that guidance will be issued? This is taking us a little bit away from the heart of the Bill, so I will not say anything more about it, but I thank the department for this information.

Some of us will be urging the Government on in the hope that they will proceed with all due speed on this. Local democracy is extremely important and local neighbourhood planning is a way of developing genuine grass-roots local democracy and they will have our support in everything they do and we will continue urging them to do more. I beg to move.

[Lord Shipley (LD)]

My Lords, this is my first chance to speak on the planning aspects of the Bill today, so I declare again my vice-presidency of the Local Government Association.

Like, I think, noble Lords across all parts of the House, we are strongly supportive of the concept of neighbourhood planning. We had many discussions around it as part of the Localism Bill, and I have been deeply impressed by the commitment of so many communities to get involved in the process. This has been a success story from the last Government.

My noble friend Lord Greaves said earlier that there have been some 1,800 neighbourhood plans at some stage of development. Of course, many fewer have actually held referendums, and it is quite a task to move from initial expressions of interest through to actually having a neighbourhood plan in place. We want to encourage the process, and this group of amendments is about how we can do that.

Amendments 87 and 88 do just that, and Amendment 88B asks the Government to do a little bit more by looking at ways in which they might provide an additional contribution to the work of communities in developing their neighbourhood plans, because not having the necessary resources is clearly an impediment.

Localism Bill

Debate between Lord Shipley and Lord Greaves

Tuesday 19th July 2011 Lords Chamber

[Lord Greaves]

My Lords, as the noble Lord knows well, his remarks are shared by myself and my Liberal Democrat colleagues. We wish him well in his efforts to reduce a great deal of the prescription and the size of the Bill. My Amendment 148ADEA also seeks to remove unnecessary prescription and regulations and to reduce the size of the Bill. I was not sure whether the noble Lord, Lord Jenkin, wanted to remove the whole of Clause 101 to Room 101 but, in practice, it is the unnecessary prescriptive parts that we would all like to see go to Room 101.

I have one general question under the clause stand part debate about the funding of local planning authorities. It is clear that, as set out in the Bill, neighbourhood planning will result in extra burdens, extra costs and a need for extra resources for local planning authorities. The Government have given a guarantee to local authorities recently that any extra burdens will be funded. What guarantees are there that the extra costs on planning authorities due to neighbourhood planning will be funded, and in what way will this be done?

The amendments in relation to neighbourhood areas are probing amendments and are not to be taken literally; they are merely to probe the issues. They probe why it is desirable to designate the whole of a parish council area as a neighbourhood area and in what circumstances it may be appropriate not to do so. I think that the Minister has substantially answered that already. I particularly welcome her statement that two or more small parishes could join together, where sensible, to form one neighbourhood area, otherwise the process would become rather ridiculous. That is most welcome. They also probe why it is desirable to maintain the existing boundaries of a neighbourhood area if they are no longer appropriate and in what circumstances it may be appropriate not to do so. Perhaps more substantially, they suggest that,

“where an existing designation includes the whole or part of the area of a parish council any such modification may only be made with the consent of that council.”

In her very welcome statement that parishes could combine in a neighbourhood area where that is sensible, the Minister said that that would take place only with the consent of the parishes concerned. Surely, if the boundaries of neighbourhood areas that include the parish or part of the parish are to be changed, it is only sensible to do it with the consent of the appropriate parish council or councils. It would be helpful if we could have that assurance.

The amendments also suggest an additional consideration when a local planning authority is considering whether to designate an area as a neighbourhood area, which really gets to the core of the matter of whether the area is suitable for the purposes of neighbourhood planning. I was surprised that this consideration was not in the Bill. It seems to me to be the first and most important thing that should be considered. Again, I look forward to the Minister’s reply.

[Lord Shipley]

My Lords, I shall speak specifically to Amendment 148ADBA because it is another aspect of the problem that we have identified about parish councils and the area in which they can sit in relation to a neighbourhood plan. This amendment would remove the restriction on a parish council being part of a neighbourhood area where the rest of that neighbourhood area is unparished.

Parish councils in urban areas have existed since local government reorganisation in the early 1970s, and they can lie within wards of a local authority but may not cover the whole of that ward. As it stands, the Bill prevents such a parished area working with the unparished area when it wants to, to produce a single neighbourhood plan. This amendment simply solves that problem. However, there is a better solution, which is to turn the unparished areas with neighbourhood forums into parish councils. That would give a democratic legitimacy to neighbourhood planning which is then based on the ballot box.

The solution to this problem lies in the public services White Paper published last week. Within that, there are a set of proposals in relation to the creation of neighbourhood councils in urban areas. I noted what my noble friend the Minister said about unparished neighbourhood forums being a pragmatic solution. The difficulty is that I do not think that pragmatism goes far enough. There has to be a democratic legitimacy to neighbourhood planning, which is based on “one person, one vote” and the right to express that view.

A referendum will not be sufficient to do that because the people helping to make decisions should have a democratic base. The solution to that problem lies within the public services White Paper. It would be enormously helpful if in the next few months the aims of the Government in relation to that White Paper and neighbourhood councils could be brought together with this Bill to produce an outcome which enables unparished urban areas to have a parish council structure.

Localism Bill

Debate between Lord Shipley and Lord Greaves

Thursday 7th July 2011 Lords Chamber

[Lord Shipley]

I fully understand that the Bill does not deal with precisely that problem, but I am trying to give the community's point of view on what it worries about, such as controlling the assets that it perceives to be of community value in its area.

There is a further general issue with council-owned buildings: whether councils should have an automatic power to sell buildings that they own prior to testing community interest in running a building, such as a loss-making facility. With everyone's good intentions, I am sure that is what councils would do under the Bill. However, a register of those buildings would make councils ensure that they behaved reasonably in protecting community assets that local people might want to use. The development of community trusts and facilities whereby people in a neighbourhood can get together and form a community interest company trust is in the public interest. Put simply, there is a lot of discussion to have on the Bill between this stage and Report, but this debate is not simply about pubs and post offices. I agree entirely with the noble Baroness, Lady Thornton, that we have to think much more widely about what is in the public interest.

[Lord Greaves]

This has been a very interesting debate and I am stimulated to make one or two comments in view of what has been said. I am less sanguine than my noble friend Lord Shipley about whether this chapter of the Bill will help to do the kind of things that he has been talking about. I agree 150 per cent with what he said about the need for communities to be able to be much more active and involved, particularly over pieces of land. There are ways forward here, but they require resources and organisation. Local government can help in that area, but it is not just a matter for local government.

The noble Baroness, Lady Thornton, said that some of the comments were a full-frontal attack on this part of the Bill. When I first heard about this part—indeed, when I first saw it in this telephone book of a Bill that we have—I was enthusiastic and excited about it, because I thought that someone was at last getting to grips with the problem of the loss of community resources in both rural and urban areas. The more I have looked at it and thought about it, and the more I have listened to comments here, the more I think that what is being proposed will cost money but not actually do much good at all.

Localism Bill

Debate between Lord Shipley and Lord Greaves

Tuesday 5th July 2011 Lords Chamber

[Lord Shipley]

I shall also speak to Amendment 133ZB and I shall be very brief, because a number of the issues that I would have raised were raised earlier in amendments on this section. It is interesting that in this chapter, which has four pages, the Secretary of State is mentioned 19 times. It seems very odd that in a Bill about localism, the Secretary of State has to have 19 separate possible roles. My amendment is simply about how the timing and consideration of expressions of interest could be progressed. Put simply, relevant authorities would have to specify when these would be.

It seems to me that local government can be trusted to do more things for itself. Given that councils will have a power of general competence under this Bill, we might consider allowing them to prove that they are generally competent to do things for themselves and do not need the constant intervention of the Secretary of State in a whole range of ways which do not support the principle of localism. There is a key principle here: this is an example of where the powers of the Secretary of State could simply be written out of the Bill and local authorities could be given a responsibility for defining when expressions of interest could come in and when the authority would then consider them. As a consequence, the role of the Secretary of State and a considerable number of the 19 separate roles of the Secretary of State in this four-page chapter could be reduced.

[Lord Greaves]

My Lords, I have two amendments in this group, Amendments 133ZC and 133ZE. They are all about the maximum and minimum periods by which local authorities have to deal with expressions of interest and the rules and regulations that the Secretary of State will be able to make in relation to those. I can only underline what my noble friend Lord Shipley has just said.