Infrastructure Bill [Lords]

Debate between Lord Stunell and Roberta Blackman-Woods

Monday 26th January 2015 Commons Chamber

[Roberta Blackman-Woods]

The hon. Gentleman makes an interesting point. We hope that an independent national infrastructure commission could take information from all the devolved structures, which is why I mentioned the importance of devolution with regard to new clause 3.

Amendment 53 seeks to get further clarification from the Minister on land transfers to the Homes and Communities Agency. In Committee, it was far from clear what was meant by surplus land, and the Minister has given us no clarification about how surplus land would be categorised, or about whether it covers open and common space.

We also heard nothing from the Minister about whether the Government intend to promote best practice in improving the transparency of land transactions by reporting all aspects of the transaction of land to the Land Registry. The lack of publicly available information about land transactions, ownership and options on land markets makes it difficult to understand the extent to which land is controlled by those who intend, or do not intend, to develop it. We need to increase transparency, particularly on options, if we are to ensure that enough land is made available for development. The Minister had absolutely nothing to say about that matter today.

The Minister did not say anything about ensuring that better guidance is given on how we assess viability. Opposition Members are arguing that a clearer way of assessing viability might mean that more land was brought forward for development. One would have thought that that was an objective of an infrastructure Bill, but apparently it is not.

Amendment 52 seeks totally to remove the Government’s proposals regarding the transfer of local land charges to the Land Registry. In England and Wales, two searches are currently undertaken as part of the standard conveyancing process for the purchase of land or property. In short, clauses 30 to 32 will transfer responsibility for one of the searches, the local land charges search, from local authorities to the Land Registry. It is important to note that responsibility for collecting the information necessary for the searches will still be held by local authorities, which will have to pass the information to the Land Registry. Furthermore, local authorities will continue to be responsible for the second of the two searches—the CON29 search.

The Opposition believe that the separation and fragmentation of the service is misguided and poorly evidenced, and that it has next to no hope of achieving the Government’s stated policy objectives. Peeling off part of the service simply does not make sense and is likely to make the service worse, not better. It is telling that even the Government, in their own consultation, have struggled to find anyone in favour of the change. Indeed, they acknowledge that no one supports the proposals.

In the past few days, we have had correspondence from the District Councils Network, the Law Society, the Council of Property Search Organisations, the Chartered Institute of Legal Executives, the Association of Independent Personal Search Agents, the Society of Local Authority Chief Executives and Senior Managers, the Public and Commercial Services Union and many others who are all totally against the changes. Even the organisations and companies that the Government suggest will benefit from the changes oppose them. Just last Friday, those organisations signed a letter to the Secretary of State calling for the proposed changes to be dropped. We agree with them, and we will divide the House on that issue at the appropriate time if the Minister does not make another prompt U-turn.

On amendment 67, we had a wide-ranging discussion in Committee on the carbon abatement provision in clause 33, but I have again been very disappointed by the Minister’s speech today. He will know that we made lots of strong arguments in Committee about why it is not sensible to exempt small sites from the allowable solutions requirements on the basis of the number of housing units. It is not exactly clear what the Government will do because the consultation has only just finished and, as far as I am aware, neither its results nor the Government response have been placed in the public domain. This is clearly not a sensible way to make policy, but if the Minister intends to continue to allow the exemption for small sites purely on the basis of the number of units, we would ask him to think again.

[Sir Andrew Stunell (Hazel Grove) (LD)]

Does the hon. Lady share my concern that the recent consultation was very cramped and gave nobody the opportunity to say that they did not wish there to be any limitation on the size of site or, indeed, of contractor?

[Roberta Blackman-Woods]

The right hon. Gentleman makes a really good point, which we did not rehearse very well in Committee. If we had had adequate time today, we might have considered the consultation’s shortcomings and the fact that people had to choose from a very limited number of options.

I should point out that we have great concerns about the general carbon abatement provisions. It is really important for the Minister to clarify what the allowable solutions measures will contain. That was not clear in Committee, so we sought clarification, but we still have not received any. Will clause 33 make it a definite requirement for all homes to be built to the equivalent of code level 4?

Growth and Infrastructure Bill

Debate between Lord Stunell and Roberta Blackman-Woods

Monday 17th December 2012 Commons Chamber

[Roberta Blackman-Woods]

The hon. Gentleman makes an interesting point that was also made by the right hon. Member for Hazel Grove (Andrew Stunell) in Committee, but he ignores the fact that a number of communities have not yet been able to draw up a neighbourhood plan. We are terribly concerned—this is the reason for the amendments—to ensure that simply publishing a draft neighbourhood plan does not mean that a village green cannot be registered. That is really important. We asked the Minister to think about delaying the operation of the triggers to enable all communities to develop neighbourhood plans, but sadly I was disappointed once again by his response.

[Andrew Stunell]

I thank the hon. Lady for giving way—I know that time is short—but I draw her attention to section 87 of the Localism Act 2011, which deals with lists of assets of community value and under which any village green candidate could be listed. That has nothing to do with neighbourhood plans. I also draw her attention to sections 76 to 79 of the national planning policy framework. I think she is going for overkill on this one.

[Roberta Blackman-Woods]

I am afraid that the Open Spaces Society simply does not agree with the right hon. Gentleman. It made it clear in its briefing to Members on Report:

“The government claims that people would know of the threats through the neighbourhood planning process, but this process is in its infancy and is not widespread. Those who use and enjoy their local open spaces are usually doing just that and are not necessarily clued up about, or involved in, the planning process, and they cannot be expected to know or realise that there is a potential threat to their rights. Moreover those who may be aware of the neighbourhood planning process may not be the same people enjoying the use of a particular piece of land and thus would not be in a position to know that such land is being used as of right.”

It seems odd to give communities the right to register village greens under the Localism Act and the neighbourhood planning process—rights that have not yet been firmly embedded in all communities—while in the Bill taking away rights to register village greens. We ask the Minister to think again.

Localism Bill

Debate between Lord Stunell and Roberta Blackman-Woods

Monday 7th November 2011 Commons Chamber

[Andrew Stunell]

The amendments focus on the community right to challenge, on assets of community value, and on council tax referendums. As the Minister of State, my right hon. Friend Member for Tunbridge Wells (Greg Clark), said at the beginning of our debates, the fundamental aim of the Bill is to shift power away from central Government and back to local communities. This part of the Bill enables decentralisation to be taken beyond the town hall, so that we can empower communities and enable them to play a bigger part in local life, whether their aim is to improve local services or to save treasured assets. Community rights will give communities more opportunities to do exactly that. When it is successful, it will give them a chance to compete to deliver those services themselves, using local knowledge, expertise and innovation to improve local services.

Assets of community value will hand communities the initiative so that they can identify important local assets such as the old town halls, village shops and pubs that are of value to community life. There are already many good examples across the country of communities coming together to take over local pubs, shops, libraries and community centres. I think that all of us will have seen examples—if not in our constituencies, during visits to other areas. However, there are many more cases in which communities have missed out because they were not aware that a building was up for sale, or because when they discovered that, they lacked the time to make a viable bid. The new right will make it easier for communities to save local assets that are important to them, and will give them the time that they need to prepare a bid to take them when they come up for sale.

We are also replacing central Government capping with council tax referendums. I had intended to say more about that, but I think that I covered it adequately in the last debate.

A wide range of bodies have said that the powers and opportunities that we are providing are long overdue and very welcome. The National Association for Voluntary and Community Action, the Association of Chief Executives of Voluntary Organisations, the National Council for Voluntary Organisations and Locality have all expressed the view that we are doing the right thing, and during the Bill’s passage Members on both sides of the House have expressed broad support for the principles of our reforms.

However, Members wanted us to go further in some respects, and expressed concern about the details of a number of other aspects of our proposals. As my right hon. Friend said, we have been in listening mode throughout. We have considered the points that have been made not just by Members of the House of Commons, but by peers and interested parties outside. The hon. Members for Birmingham, Erdington (Jack Dromey) and for Worsley and Eccles South (Barbara Keeley) played an important role in the debates that led to the amendments, and in the other place Lord Greaves, Lord Tope, Lord Patel of Bradford and Baroness Hamwee made helpful contributions.

Although we had some excellent debates here in Committee and on Report, we did not think it appropriate to amend the provisions until we had had a chance to consider all the responses to the consultation carefully. That consultation closed in May. Following consideration of the responses and the debates in the House of Lords, we tabled amendments on Report intended to improve the workability of the provisions in the Bill and strengthen their effectiveness.

On the right to challenge, the consultation and debates in both Houses demonstrated that there was an appetite to extend the reforms, but also that there were concerns about the prescription in the Bill. To address the former, amendment 115 makes it clear that the right could be extended to require a Minister or Government Department to consider expressions of interest. To address the latter concern, we have removed a number of delegated powers, particularly those allowing the Secretary of State to prescribe time scales associated with the right to challenge. Instead, under amendments 118 to 121 it will be for local authorities to set their own time scales, while having regard to factors to be set out in guidance.

There are also a number of minor amendments to the right to challenge. I will not detain the House by describing them in detail, but, for example, we have made it clear that the definition of community body in the provisions does not include a public or local authority, and we have ensured that if the right is extended, it would continue to apply only to services provided in England.

There has also been broad support for the principle of giving communities greater opportunities to identify assets of community value and more time to raise the funds. We have also had constructive discussions about improving the practical application of the provisions and avoiding overly detailed rules. I would particularly like to thank Lord Gardiner of Kimble, Lord Cameron of Dillington, Earl Cathcart and Lord Howard of Rising for their contributions to improving these provisions.

We have listened carefully, and amendments 122 to 126 define land of community value based on principal use for social well-being and social interests, including cultural, recreational and sporting interests. Amendments 127 to 130 make it clear that only a voluntary or community body with a local connection may nominate an asset to be listed by a local authority, which will safeguard against vexatious nominations by individuals. We have also improved the workability of these provisions by exempting certain types of relevant disposal: those where the community is not at risk of losing the asset. Amendments 140 and 144 exempt several types of relevant disposals from the moratorium in the Bill. As a result, the provisions will not cover situations such as where a village shop is to change hands as a going concern and the community will still get the benefit of a shop, nor will they capture a situation where a transfer is made between family members or through inheritance or gifts. Further exempt disposals will be set out in regulations. Most importantly, we have ensured that groups will have enough time to raise funds to buy assets; that was a key concern of community groups.

Amendments 141 to 145 specify that the interim moratorium will be six weeks, the full moratorium will be six months, and the protected period in which a further application cannot be made will be 18 months, starting from the first date. In other words, there will, in effect, be a 12-month moratorium period. We have also reduced the amount of prescription. Amendments 131, 132, 134 and 135 give local authorities greater freedom to decide how to administer and publicise lists of assets of community value in their local area. In summary, these amendments will ensure that the provisions give communities a powerful new tool to preserve assets of community value, while ensuring that we do not create unintended consequences.

These reforms were welcomed by the National Association for Voluntary and Community Action and by the Country Land and Business Association. When both those organisations claim victory, it is clear that we must be doing something right.

Finally, this group also contains a number of smaller technical amendments, which include provision for ensuring that levies made on local authorities by levying bodies are not part of the calculation on whether a council tax increase is excessive, and for ensuring that only residents, and not business voters, in the City of London are entitled to vote in a council tax referendum. I hope that that gives at least a little comfort to the hon. Member for Hayes and Harlington (John McDonnell). Overall, I hope that hon. Members will agree that these amendments significantly improve the Bill and address issues of common concern, and so will agree to them unanimously.

[Roberta Blackman-Woods (City of Durham) (Lab)]

Labour Members broadly support the amendments, which support some of the points made earlier by my hon. Friend the Member for Warrington North (Helen Jones). This whole part of the Bill had to be substantially rewritten following discussions in this Chamber, in Committee and in the other place. Although it purported to give communities more power over their areas, it actually gave a lot more power to the Secretary of State to outline the time scale for local authorities to consider a transfer of community assets and on what those were. We are pleased, therefore, that a definition of land of community value has been put in the Bill and that some of the ridiculously prescriptive powers relating to the community right to bid have been removed or put where they should have been put—with local authorities. We are also pleased that the amendments should enable local authorities to set and publish their own time scales for deciding on community expressions of interest. I hope that that is helpful to them and to the local communities that wish to take over assets.

Planning (Opencast Mining Separation Zones) Bill

Debate between Lord Stunell and Roberta Blackman-Woods

Friday 11th February 2011 Commons Chamber

[Andrew Stunell]

Whether a condition appears as part of a council’s adopted and approved local plan—for instance, the Northumberland unitary council development plan—or is imposed by the Secretary of State or, indeed, by legislation makes no material difference. I draw my right hon. Friend’s attention to the fact that the Scottish and Welsh buffer zones, as they have been described, or bans have been prayed in aid. I also draw his attention to the explanatory notes produced by the Library. They make it quite clear that the policy on open-cast mining in Scotland does indeed have a presumption on 500 metres, but it is subject to some quite important exceptions. They say:

“Site boundaries within 500m of the edge of a community may be acceptable where it would result in improvement of local amenity or future development opportunities by clearing an area of derelict or despoiled land, the stabilisation of an undermined site or similar benefit. Topography, the nature of the landscape, visibility and prevailing wind directions may result in a greater or lesser distance being required, depending on specific local circumstances.”

So a number of important caveats relate to the Scottish buffer zone, which has been prayed in aid. As I understand current planning law and what the law will be after the passage of the Localism Bill, it would be perfectly open to Northumberland unitary authority to decide to adopt such a planning approach. Whatever the planning approach —whether it is statutory, as in Scotland, or based on the development of the local planning system—it would of necessity have to take account of particular circumstances.

[Roberta Blackman-Woods]

I am listening to the Minister with some interest but growing concern. Is he arguing that the measures in the Bill are, in fact, contained in the Localism Bill and that this Bill is unnecessary, in which case I would have very great concerns, or is he suggesting that the Government are backing this Bill, which is what everyone wants to happen today?

[Andrew Stunell]

I thank the hon. Lady for her intervention. Perhaps if I make a little more progress, the factors that we have to take into account when we consider our approach to the Bill will become clear.