All 5 Debates between Lord Shipley and Lord Lansley

Tue 11th Jul 2023
Wed 22nd Mar 2023
Thu 23rd Feb 2017
Neighbourhood Planning Bill
Lords Chamber

Report: 1st sitting: House of Lords
Mon 6th Feb 2017
Neighbourhood Planning Bill
Grand Committee

Committee: 3rd sitting (Hansard): House of Lords

Levelling-up and Regeneration Bill

Debate between Lord Shipley and Lord Lansley
Lord Lansley Portrait Lord Lansley (Con)
- Hansard - - - Excerpts

My Lords, in this group Amendment 2 in my name returns to an issue that we debated in Committee. Noble Lords who were present on that occasion will recall the debate and I will refer to it again in a moment, but I think it is useful to return to it, because it touches upon the broader question of the relationship between the laying of a statement of the levelling-up missions and parliamentary scrutiny of that—or indeed, parliamentary scrutiny of subsequent reports.

We just touched on the timing of all of these. For the benefit of the House, as it happened, I was looking at the timing of the reports and the statements. We are in a position now where we are 17 months on from the Government having published their levelling up White Paper. Technically speaking of course, when this Bill is enacted, the mission periods for the levelling-up missions will restart, since under the Bill as it stands the mission period for the levelling-up missions cannot be dated back to before the enactment of the Bill itself. As far as I can see, we are going to have a new statement of levelling-up missions at that point, and the mission period will clearly run to 2030, since all the levelling-up missions in the White Paper run to 2030. That satisfies the provision that it cannot be less than five years for the mission period.

My amendment relates to what Parliament does when it receives a statement of levelling-up missions. Under the Bill, strictly speaking, it does nothing; it waits until it receives a report. Let us imagine what happens to this Parliament in relation to such a report. The mission period starts two months after enactment—let us say, for the sake of argument, that it will be January 2024. The mission period could be delayed up to a month later under the provisions of Clause 1, so that gets us to February 2024. The 12-month report, therefore, takes us to February 2025, and the report could be received up to 120 days after the end of that 12-month period. So, the first report on levelling-up missions is already certain to take place after this Parliament has been dissolved and is likely not to be received by Parliament until the middle of 2025. That is the first point at which a report is likely to be received.

There is an interesting amendment in this group—Amendment 12, if I recall correctly—which relates to evaluating the levelling-up missions, in relation not only to Ministers’ assessments but to the assessments of the independent advisory council. We discussed the independent advisory council previously; we do not have its view formally on the levelling-up missions and progress. However, as we discussed previously, I think there is some merit in that amendment and that the independent advisory council should provide detail on the report.

The point of my amendment is to say that, when a statement of levelling-up missions is laid before Parliament, Parliament should have an opportunity to debate it if it feels strongly about it. That is not quite what my amendment says. I have adapted a legislative provision which Ministers introduced into the Procurement Bill—which is now in the other place—that, if the national procurement policy statement is the subject of a Motion critical of it within 40 days, Ministers would withdraw that statement. My amendment shortens the time period ever so slightly, the implication being that if Parliament has a problem with a statement of levelling- up missions, the time to do something about it would be when the statement is laid, not to wait what could be 15 months to look at the first report and express reservations about that.

From Ministers’ point of view, my noble friend Lord Howe, in the debate we had in Committee on 20 February—time has passed, has it not?—said that

“it would be extremely unlikely for any government to ignore the view of either House of Parliament if that view had been expressed in the form of a Motion that had been widely supported”.—[Official Report, 20/2/23; col. 1467.]

My difficulty is this: as a former Leader of the House of Commons, I can see that if the Opposition had a problem with a statement of levelling-up missions in the other place, the likelihood is that they would have time within 30 working days to lay a Motion and to debate it. It is not so straightforward here, and there are no formal processes associated with a statement of levelling-up missions. If we were to include my amendment, we would create an expectation that, if such a Motion were tabled, it should be debated within a short period of time.

That is necessary because the statement of levelling-up missions is, of itself, of importance. It is a major statement of government policy. I am assuming that the statement that will be laid, potentially at the end of this year, will be the same as the statement of levelling-up missions published on 2 February 2022. It may not be—there is nothing in the Bill that requires it to be.

My point is that what is in the statement of levelling-up missions is the Government’s responsibility. I am afraid that I do not agree with the other amendments in this group and the next which try to substitute the view of Parliament about what government policy should be for the view of the Government themselves. The statement of levelling-up missions is a central statement about government policy on the reduction of geographic and other disparities across the nation, and it is for government to set out what they are. My principle is very straightforward: government propose; Parliament disposes. By what mechanism will Parliament dispose of the statement of levelling-up missions? At the moment, the implication is that it does not do anything about them; it just waits for a report, which may be some time off in the future.

Amendment 2 is very simple. It says that when the Government publish a statement, Parliament should have an opportunity—not a requirement, but an opportunity—to look at the statement and, if it objects, table a Motion and express its disapproval, which is exactly what my noble friend Lord Howe said. However, we have to create an opportunity for that to happen. If such a Motion were supported by either House, it would be right for Ministers to withdraw the statement and revise it. The amendment does not tell them what to put into their statement; they could carry on with the same statement and try to reintroduce it with the same missions, or they could adapt the missions. However, I do not think it correct that they should proceed without any reference to Parliament or any opportunity for Parliament to express a view about the statement of levelling-up missions.

I hope my amendment is supported. I have sympathy with Amendment 12, on the independent advisory council, but I do not agree with amendments that are trying to substitute the view of this House at this moment for the Government’s view on what the policy on levelling up should be. That is for government to do. On that basis, I beg to move Amendment 2.

Lord Shipley Portrait Lord Shipley (LD)
- View Speech - Hansard - -

My Lords, I rise to speak to Amendment 6 in my name, but first, I point out that the noble Lord, Lord Lansley, has raised a number of important issues of process and timing. I look forward to hearing the Minister’s response, because Parliament will have to work around them. The noble Lord pointed out that that it is now 17 months since the White Paper was published and that the way things are, with a general election pending, we are likely to hear more about the levelling-up missions in 2025. As I understood it, he said that it would be useful if Parliament could debate the missions earlier, and he is right.

However, I do not agree with the noble Lord regarding my Amendment 6, on which he poured a little cold water. It is actually about indicators, not missions: it is about how you measure, through missions and metrics, how successful the Government have actually been in delivering on their objectives.

I remind the House as we start Report that I am a vice-president of the Local Government Association. My amendment would define the criteria that should be used to evaluate the success or otherwise of levelling-up policies across all government departments. I emphasise the obvious point that that levelling up is not just for the Department for Levelling Up, Housing and Communities to pursue. Indeed, as the noble and learned Lord, Lord Thomas, said in the previous group, we must tie funding to the levelling-up missions across Whitehall. By implication, that is fundamental, because all departments are supposed to be driving levelling up, so we need to be able to assess how successful they have been in doing that.

My amendment states:

“A statement of levelling-up missions must include an assessment of geographical disparities in the United Kingdom, broken down by local authority and by postcode area and council ward”.


Let me be clear: “postcode area” means the first three or four digits of a postcode, not the second half. Otherwise, I do not see how, if we talk only in terms of regions of England, we ensure that all parts of England are being considered for those outcomes. We have to cover urban, rural and coastal areas—all parts of England. We therefore have to have systems that will produce the evidence we need.

Levelling-up and Regeneration Bill

Debate between Lord Shipley and Lord Lansley
Lord Lansley Portrait Lord Lansley (Con)
- View Speech - Hansard - - - Excerpts

My Lords, I nearly lost that chance, having sat here for several days waiting for this. I agree with everything my noble friend Lord Young said on the amendments he and I have jointly tabled in this group, except for one word: he referred to his “chequered” career, but I would say “distinguished”. We will replace “chequered” with “distinguished”, but otherwise I agree with everything he said. That helps, because it means that I do not have to repeat the arguments he made.

I want to speak to Amendments 184A and 187A very briefly. I will also explain Amendment 185, which my noble friend did not dwell on, and say a word or two about Amendment 183—the lead amendment in this group, in the name of the noble Baroness, Lady Taylor of Stevenage—which he did refer to. As my noble friend said, the issue we are turning to now is the plan-led system. How local plans are to be made and what the relationship is to be between the local plan and the national development management policies are very important questions.

To paraphrase one of the key questions that arises out of this, which I think we need to understand now in order to address these issues in the Bill at a later stage, would the Government be kind enough to explain to what extent the provisions presently in the National Planning Policy Framework are going to be national development management policies in the future? They will then acquire a different status—although, I have to say, it is quite difficult in many cases for a local planning authority to proceed on the basis of operating with the guidance in the NPPF, because inspectors will look to the NPPF as a basis for the judgments they make on whether a plan is sound, and indeed whether determinations in themselves are sound on appeal. We may be looking at distinctions or differences between the NPPF and NDMP without there being that much of a difference between them. In practice, the legal differences are clear, and the extent to which the NPPF is going to be turned into NDMP and given that status is important, and we need to know that.

As my noble friend Lord Young said, the revised draft of the NPPF, which the Government have consulted on and have yet to tell us the final outcome of, states:

“Policies in local plans and spatial development strategies should be reviewed to assess whether they need updating at least once every five years”.


My noble friend referred to the loophole or the issue here, which is that local planning authorities decide for themselves whether that review turns into an updated local plan. I give him and the House one very specific example, which is close to me. I should remind the House, as I have mentioned previously, of my registered interest as chair of the Cambridgeshire Development Forum. East Cambridgeshire adopted a local plan on 21 April 2015, which covers the period up to 2031. In April 2020—five years later—the authority conducted a review and decided that it did not need to update the plan, save with respect to the housing supply numbers. So, it conducted a single-issue review.

I will not dwell on some of the issues, but I have various complaints about this. First, there is the idea that the housing number is unrelated to other issues in the plan—that the housing supply in the decade ahead is unrelated to issues of environmental concern or whatever. That seems to have been ignored by them. However, I make the point that the inspector, who conducted an examination in public in the latter part of last year, said that it was not in his remit at all to look at whether the plan should be updated or not, whether anything other than housing should be updated or not, and indeed whether the final date of the plan should be beyond 2031. Of course, what the local authority is planning to do in this case is to update its housing figures, but when it has done so, it will extend for only about six years rather than the 15 years that the NPPF would imply. Notwithstanding that, they got away with it. So I very much agree with my noble friend and hope that the Minister will think hard about how we might make sure that we have local plans.

However, our Amendments 184A and 187A go precisely to the issue of requiring local plans to be up to date. If they are not up to date, in our view it cannot be right that the same principles apply in terms of the compliance or otherwise of determinations made on planning applications if the local plan to which they relate is out of date. There must be a distinction. Our amendments simply add “up-to-date” in front of “development plan.” They do not say, “What’s the relationship between a planning application and a determination on that planning application in relation to a local plan that is no longer up to date?” We need to resolve that. I suggest to my noble friend on the Front Bench that Ministers should think about whether there is as yet something they can do to distinguish between the proper relationship between development plans and in this particular instance determinations of planning applications, which should be made according to an up to date local plan, and local plans that had been adopted but are now out of date. They need to address the question of whether they are proper material considerations but not necessarily determinative. That seems to be the right way to go.

Amendment 185, which is in my name, that of my noble friend, and in the name of the noble Baroness, Lady Hayman of Ullock, relates to the question of a determination on a planning application and that it should be made in accordance with the local plan. The Planning and Compulsory Purchase Act 2004 says in Section 38(6):

“If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise”.


It has said that since 2004, so there is considerable case law relating to this, and those working in the planning system have experience of working with that. They know that it means that, in making a determination on a planning application, local planning authorities have to weigh material considerations. However, courts pretty much do not second-guess the weight that planning officers and planning committees give to various considerations in considering an application. We have had nearly 20 years of that.

The Government have rewritten this bit and inserted the word “strongly”—

“unless material considerations strongly indicate otherwise”.

That says to me that two things are going to happen. First, it is the Government’s intention to limit and restrict the circumstances in which decisions are made other than in accord with a local plan or with national development management policies. That means—which goes to the point that we have been debating in this group—that it reduces the role of the planning committee and the local planning authority, because they do not balance the weight any more. Most of the material considerations, almost by definition, will not be enough to indicate that they should do other than what would be demanded by the local plan and the NDMP.

The second thing that will inevitably result from this is that there will be a large amount of litigation, because the question of what “strongly” means in this context will be hard to determine. There will not be case law or precedent—a large number of decisions will not previously have been made. Where does “strongly” change the balance? How is that weight to be shifted? It is very unwise for the Government to be proceeding down this path. It would create a better balance across the Bill generally and we would be better off in many cases just to leave things as they are if they cannot demonstrate that there is a mischief to which this is the answer.

I will stop there, but I just want to refer to one other thing. I thought that Amendment 216, which is not in my name but in that of the noble Baroness, Lady Taylor, rather pointed to an issue. Schedule 7 on page 294, which is about plan making, would take out a rather curious few words where the Government say that local plans must not

“be inconsistent with or (in substance) repeat any national development management policy”.

I just have a question: what is the point of national development management policies if it is not essentially to write for local planning authorities large amounts of their local plan? If the local planning authority then puts that language into its local plan, does that mean it is repeating it or incorporating it? What does “repeat” mean in this context? I thought the whole point was that local plans would “repeat” national development management policies, yet we are being told in the legislation that that is not what they are to do. That is a genuine question to which I really do not know the answer, but I hope we can find out a bit more from my noble friend later.

Lord Shipley Portrait Lord Shipley (LD)
- View Speech - Hansard - -

My Lords, my name is on Amendment 191A, tabled by my noble friend Lady Thornhill, as is that of the noble Baroness, Lady Jones of Moulsecoomb. It stipulates the process for the Secretary of State to designate and review a national development management policy, including minimum public consultation requirements and a process of parliamentary scrutiny based on processes set out in the Planning Act 2008, as amended, for national policy statements. It is an amendment to Clause 87.

Clause 87, which is a matter of only 20 or so lines, defines the meaning of “national development management policy” as

“a policy (however expressed) of the Secretary of State in relation to the development or use of land in England, or any part of England, which the Secretary of State by direction designates as a national development management policy.”

It then says that the Secretary of State can revoke a direction and modify a national development management policy. It goes on to say:

“Before making or revoking a direction … or modifying a national development management policy, the Secretary of State must ensure that such consultation with, and participation by, the public or any bodies or persons (if any) as the Secretary of State thinks appropriate takes place.”


In planning terms, this is the most gross act of centralisation that I can recall from the various Bills we have had relating to planning policy.

Neighbourhood Planning Bill

Debate between Lord Shipley and Lord Lansley
Lord Shipley Portrait Lord Shipley
- Hansard - -

My Lords, I support Amendment 5, which contains an admirable list of the documents that a development plan should cover.

I shall speak to Amendments 7, 8 and 8A. Amendments 7 and 8A relate to the same issue in Clause 9 and Schedule 2. We had a longish discussion in Committee about the capacity of a county council to undertake the planning function where it was felt that a district council had not been fulfilling its obligations. I have thought very carefully about this and have concluded that Amendment 8, which stands in my name and that of the noble Lord, Lord Kennedy, and to which support has been given by the noble Lord, Lord Beecham, seems a reasonable compromise. It provides a procedure that can be followed and it would probably command broad support in the country. Therefore, I hope very much that the Minister will feel able to accept Amendment 8, or at least come back at Third Reading with something similar.

Lord Lansley Portrait Lord Lansley (Con)
- Hansard - - - Excerpts

My Lords, perhaps I may interject on this group, although not in relation to Amendment 5. I am sure that the noble Lord understands that, if one were to incorporate that amendment as it stands, one would in effect create in statutory form a small subset of factors which might and should be taken into account in determining a local planning authority’s strategic priorities but which in no sense encapsulated what those strategic priorities might be. The alternative seems to be to incorporate pretty much everything in the National Planning Policy Framework into a statutory provision setting out what the strategic priorities should be. I think that the legislation is right as it is: it is the job of the local planning authority to set its strategic priorities, and those should be set out through the consultation and then through any subsequent process of approval of the development plan.

However, I want to talk about Clause 9 and Amendment 8 in particular. I would have thought that the Secretary of State would invite a county council to take over the development plan process from a district council only in extremis. I cannot quite see how the Secretary of State could enter into such a plan other than in the most extreme circumstances. The county council is not in any shape to do this. I think that my own county council would be horrified at the prospect of that happening. If district councils are told that if they do not get on with it, this will happen, they will regard that as an empty threat. There is even a fear that if district councils which resisted completing their development plan process—there are very few of those because they know how important the plan is for the local community—thought that they could hand the responsibility over to the county council, that might be an attraction rather than a deterrent.

Therefore, I am not sure that I see the purpose of Clause 9. If the Government feel that they need a toolkit, including a measure that they could take in extremis, it must be set out as that. However, your Lordships will recall that Schedule 2 says that the Secretary of State can do this in circumstances where he or she,

“thinks that a lower-tier planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document”.

That is far too sweeping. So I apologise to my noble friend on the Front Bench, but I rather like Amendment 8. It helps because it sets out straightforwardly that this should happen where the development plan process is not making, or could not make, progress because there is no timetable or capacity and the authority is not trying to attract the necessary capacity. I do not think that Amendment 8 could be incorporated into the Bill, not least because it should include the words “in the view of the Secretary of State”; otherwise the questions of whether the authority had a satisfactory timetable, or whether it was thinking of inviting a district authority to do the job, would become completely open to argument. The Secretary of State must have the power, and it must be the Secretary of State’s view that the local planning authority is not doing what it ought to do by reference to a timetable or to alternative capacity.

In responding to this short debate, will my noble friend say that he will at least take this amendment away and look at it with his colleagues to see whether there is a mechanism—acceptable to the Government at Third Reading—for demonstrating that the Government would enter into a process of this kind only in extreme circumstances?

Neighbourhood Planning Bill

Debate between Lord Shipley and Lord Lansley
Lord Lansley Portrait Lord Lansley (Con)
- Hansard - - - Excerpts

I apologise for interrupting the noble Lord, but I am confused. I thought the Committee was talking about pre-commencement planning conditions—which are required to be discharged before the building commences—not other conditions that may have to be complied with during the course of building.

Lord Shipley Portrait Lord Shipley
- Hansard - -

I do not know whether the noble Lord has read paragraph 26 of the report of the Delegated Powers and Regulatory Reform Committee, but it says:

“We wanted to see some specific examples of pre-commencement conditions to help us understand the effect of subsection (5)”.


This was commented on by my noble friend Lady Parminter. The DCLG gave a list, setting out,

“details that developers have had to provide to local planning authorities before building works could begin”,

the first of which is,

“full details of a play area”.

I cannot see what the problem is with a builder telling the local planning authority where the play area will be and what will be on it. Secondly, there is a complaint—

--- Later in debate ---
Lord Lansley Portrait Lord Lansley
- Hansard - - - Excerpts

It is not my job to defend what the DCLG is saying, but if that is treated as a pre-commencement planning condition then it would be objectionable. If it was simply a condition applied to the consent, to be pursued in the course of building, it would be perfectly okay.

Lord Shipley Portrait Lord Shipley
- Hansard - -

As the noble Lord might understand, the problem is that once building has started it is much more difficult to get agreement on some of these details. The point that the Delegated Powers and Regulatory Reform Committee has drawn to our attention is that there is nothing to prevent a builder telling us what the full details of the play area are planned to be. Indeed, if I was buying the property I might want to know that, because I might have children who would be interested in using it.

The details of all lighting on the development, including siting, design and lux levels, are seen as unnecessary pre-commencement conditions. They are not. As I mentioned, the installation of superfast broadband infrastructure is central to a housing development. There are others. I noticed,

“the full details of soft landscaping”.

Yes please: these are important. When a developer has sold all the houses on a site, it is much more difficult to get the soft landscaping put in to the standard that it should be. Also,

“precise location of bin collection points for specific plots”,

is seen to be an unnecessary pre-commencement condition. If you are living there, it may be that no one told you that you would have to take your wheelie bin 50 metres to the collection point because the bin lorry cannot turn round. Some of these are real-life examples. We need to be very careful when criticising local planning authorities for having set conditions that they think matter.

Because this is based on the complaints of housebuilders, will the Minister, when he replies in the letter we will be sent, copy in the replies to the letter the department sent to all the local authorities about these complaints to get their view on whether they felt builders’ complaints were justified? I very much hope that the department has taken on board the views not just of builders, but of the local authorities concerned.

I do not wish to detain the Committee any further, but the case for Clause 12 is no longer proven. As things stand, I do not think this can form part of the Bill any longer.

Lord Lansley Portrait Lord Lansley
- Hansard - - - Excerpts

First, I apologise to the Committee: like my noble friend I was unable to attend the Committee last Thursday because I was abroad, but last Tuesday, while noble Lords were meeting here, I chaired a workshop that the Cambridgeshire Development Forum —once again, I declare my position as its chair—held with planning officers from Cambridge City and South Cambs councils. It considered a wide range of issues. I thought it important to talk to planning officers directly, not least to inform some of my contributions to our debates.

I want to speak because built into the structure of Clause 12—I address my remarks in particular to new subsection (5)—is the intention that best practice should be consolidated in a way that is likely to help us in our objective of building more houses more successfully and more speedily. What it comes down to is this: my colleagues on the forum and I spent a lot of time last year finding out some ways the planning process could be improved. Of 30 areas this was just one—it was not necessarily even the most important one, but it was important. There was a recognition among those in the development sector locally that there are issues with the way planning conditions are constructed. Conditions are imposed that are often non-compliant with the test that they should be imposed only where they are necessary and relevant to planning and to the development to be permitted, and where they are enforceable, precise and reasonable. None of us wants to end up with unnecessary appeals because of excessive or inappropriate conditions. That delays everything and increases costs for everybody.

I am prompted also by the speech of the noble Lord, Lord Shipley. He talked about conditions generally. Here we are talking specifically about pre-commencement planning conditions. There is a considerable problem, which I can see in the evidence the Government have given, in that if one has too many unnecessary pre-commencement planning conditions, the risk is that the discharge of those conditions will add to the delay. In fact, when one asks developers, as I have, it is often the issues associated with the discharge of those conditions that create more problems for development than agreement to them in the first place.

However, best practice is very clear. Joint working is what everyone should aim at, so as to reach the point where the committee making the decision can see what the agreement between the developers, the applicants and the local planning authority is likely to look like. It is a necessary part of informing members of the character of the decision they should be making. What we do not want is to allow some of the things that inhibit best practice—arising, for example, from planning officers’ inexperience. It was made clear that inexperienced planning officers simply load in conditions because they think that is the way to cover their backs. Experienced planning officers get their conditions right in the first place, so we want to encourage a process in which experienced officers negotiate and agree conditions with applicants.

We want to encourage applicants, which this legislation would do, to take the initiative and propose draft conditions. Obviously, those conditions should in large measure be standard conditions, and the structure of the legislation will encourage the use of such conditions, which should expedite matters. It will also inhibit the prospect of some of kind of last-minute ambush in the committee, because the conditions must necessarily be agreed with the applicant or the application must be referred back. If they are not agreed they can be refused, so I am not sure I understand the argument that authorities would be hesitant about refusing an application where a pre-commencement planning condition has been sought that is supported by planning policy in the NPPF. Why would they not refuse it when it is their job to pursue the appropriate response to an application that does not meet those criteria?

Housing and Planning Bill

Debate between Lord Shipley and Lord Lansley
Wednesday 13th April 2016

(8 years, 7 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Lansley Portrait Lord Lansley
- Hansard - - - Excerpts

My Lords, in making a brief contribution, I remind the House of my interest as chair of the Cambridgeshire Development Forum. In that context I will refer specifically to Cambridge. There was a concern in Cambridge that, if there was to be a definition of “high value” by means of comparison across the country as a whole, a very high proportion of the properties in Cambridge and South Cambridgeshire in particular would be likely to be treated as “high value”. I very much welcome the amendments that my noble friend the Minister has tabled in this group. They will enable the calculations to be undertaken and the agreement to be reached for a determination in each authority, taking account of all individual circumstances.

Of course, the measure is not mechanistic. Trying to argue that “higher” becomes mechanistic is simply trying to introduce rigidity where that is not necessary. The provision as amended would allow a determination to be made in relation to each authority, specific categories of housing or different comparators. It is deliberately flexible. I listened to the noble Lord, Lord Foster, on all the questions that he said need to be answered in order to proceed. But the point is that if one began to answer all those questions, one would take away from the Government and local authorities, working together, any flexibility to adapt to individual circumstances. In doing so, his proposed Amendment 61A—I cannot find it on the Marshalled List but I interpret from his remarks that it would leave out Clause 67—would take away the opportunity to realise value from the stock of higher-value housing and unlock new build for affordable housing in local authorities, support the right to buy and, by extension through the right to buy in housing associations, offer the additional opportunities for them to undertake new building.

A Select Committee in another place might well think that everything the Government want to do must be funded out of some taxpayer subsidy but the reality is, as we all know, that there is no such magic money tree that we can continue to shake to deliver all the objectives we want. I entirely agree with my noble friend Lord Deben that we want to build more houses. Frankly, realising value out of the higher-value housing stock that becomes vacant in local authorities is precisely the mechanism for this. That realised value can then be deployed with a multiplier effect to enable local authorities and housing associations, as a result, to build more houses. I thoroughly support that.

Lord Shipley Portrait Lord Shipley
- Hansard - -

My Lords, before the Minister replies, I would like to be really clear about what is being said—in part, following what the noble Lord, Lord Porter, said a little while ago. I understand from what the Minister told us that there will be a further amendment at Third Reading on the matter of high-value homes. I would appreciate confirmation of that when she replies. Will the Government leave with local authorities enough money from the sale of higher-value homes to build replacement homes? That is what I heard the noble Lord, Lord Porter, say but that is not explicitly stated in the letter we received just before 3 o’clock this afternoon. I would just like to be really clear about that one-for-one replacement. One of our concerns in Committee was that there was to be a two-for-one replacement in London but not—in the Bill—a one-for-one replacement in the rest of England. I think the House would find it helpful to know exactly what the Government propose here.