Localism Bill

Debate between Lord True and Lord Newton of Braintree

Thursday 30th June 2011 Lords Chamber

[Lord Newton of Braintree]

My Lords, declaring once again my wife’s interest as a councillor and, I suppose, my interest in my wife, I speak with some diffidence in a House awash with experts with experience of local government in one way or another. I am one of the few without that. All that I want is to ask a question for clarification, which picks up on the questions raised by my noble friend Lord Greaves. It is clear that these amendments are intended to deal to some extent with the concerns expressed about planning and licensing. I should like to be absolutely clear. The new clause on petitions and special cases to be inserted under my noble friend the Minister’s amendment refers to a special-case petition. I am shorthanding and if I am getting it wrong, I expect someone will tell me.

The proposed new clause says that if it is substantially the case, people have,

“a statutory right of appeal in respect of the substance of the … decision, or … a statutory right to instigate a review of the substance of the matter or decision”.

From my experience as an MP, my understanding is that if it is your planning application and it is refused, you have a right of appeal. But if you are the neighbour or the neighbourhood who objected to the planning application and it is granted, you have no right of appeal. Does that mean that if you are the neighbour or the neighbourhood and the planning application is granted on planning grounds, you can now instigate a petition and have a referendum on the granted planning application?

[Lord True]

My Lords, I might try to comment on the important points made by my noble friend Lord Newton of Braintree in a moment. It is a complex and important area, on which I expect we will have to have discussions as the Bill proceeds. In the main, I welcome the amendments laid by my noble friends and I am grateful for them in terms of their clarification. I have a number of concerns, which are perhaps not addressed by these proposals.

Since I was in charge of my authority’s finances for some time, it would be alarming if I did not understand the council tax requirement. In my authority the council tax requirement is defined in our budget resolution currently at a little more than £100 million. Therefore, 5 per cent of that sum would be several million pounds. I know that our authority is exceptional in terms of having a heavy requirement on council tax to raise its resources but I do not think that we would find that provision helpful in resisting referendums. I should be grateful if my noble friends would give some consideration to that rather brutal financial reality as the Bill proceeds.

As regards the other elements, the power for a proper officer to determine whether something has substantially been affected and might be the subject of a referendum was a rather localist answer to the points made by my noble friend Lord Greaves. In the light of local circumstances, it is probably reasonable to leave it to the local authority to make that kind of determination and I welcome that wording. Being an arch-localist, I am slightly less fearful of referendums than some other noble Lords in this Committee. Four years may be too long in certain circumstances but I can see nothing in this provision that prevents a local authority from authorising a referendum in less than four years if it wishes to do so. It simply defends the local authority against the vexatious demand to have a referendum more frequently than four years. If I have interpreted it correctly, I would be happy to accept the provision as a welcome offer by the Government and a very useful compromise position.

I have troubled the Committee before on this matter and I am afraid I will trouble it later on it, but I am worried about the way in which this alleged referendum right will operate in those areas of the country that are still subject to regional government—again I declare my interest, as I have done several times in Committee, as leader of a London borough council. This has an inter-relation with the position not in terms of specific, small-scale planning applications, about which my noble friend Lord Newton has raised a point, I believe, but in terms of the planning process determining a planning brief for an area of a borough.

Yesterday I read that the mayor, whom I strongly support and wish to see re-elected, had intervened on a planning proposal by a London borough. I do not wish to comment on that because I do not know the circumstances on either side, but let me give an example with which I am more familiar. There is a strategic site within my borough. For the last year or so, the council has been making strenuous efforts to agree, with local residents, a community brief for that site when it comes up potentially for development. We hope to have that brief adopted by our borough council before too long, subject to a public ballot. It may well be that at a later date, perhaps propelled by a desire for a community infrastructure levy, to promote Crossrail or for some other purpose, another mayor might come along and say, “This is not an appropriate planning brief for this site. We have a regional authority and a regional spatial strategy and we wish to propose a different use for that site”. It might have more housing or less housing on it, more industry or whatever, and that could be put forward. What is the position then of the residents of a London borough in those circumstances, who have laboured to agree a community brief for a large site that may determine the character of that part of their borough? It has been their choice in the spirit of localism for a long period, and then a higher authority, a reasoned authority, says, “No, it is not going to be that way”. Can we have a referendum on that; and, if so, by what mechanism?

I agree with noble Lords who said we do not want to get into having referendums on every planning application; that way lies the road to perdition. However, I believe that there are circumstances such as the one that I have set out where—if we are charting this way towards genuinely giving local people authority over decisions that affect their lives, and the lives of their children in terms of the long-term decisions on the development of a substantial area of a city—it is clear that we must have some mechanism by which people have the right to petition against an authority that is overriding the settled will of the local community. Maybe my noble friends can assure me—not today but perhaps later by correspondence—that there is a mechanism by which my local residents can be insured against the fear of that happening, but I think there are serious potential difficulties. There could be smaller examples. Like my noble friend Lord Greaves, I am not clear on where the boundaries of the statutory right of appeal lie, and the noble Lord, Lord Newton, has obviously raised a point. My residents in this case, with their community brief, would not necessarily have an appeal. What about transport issues or something controversial such as parking? All these things have statutory procedures and provisions for consultation. Where do the bounds lie there? I do not know whether they would be open to petition or not. Again, I do not expect an answer today.

Let me posit another example, a real-life one from another London borough. I was speaking to the leader, who told me that a town centre improvement scheme was proposed by a central London authority after consultation with local residents. The local authority suggested amendments that were supported by the residents in a ballot, but the higher authority, in this case London Buses, came in and said, “No, we don’t agree. We are going to proceed with our original plan”. Do local residents have a chance to petition and say, “Actually, we like our plan rather than the one being proposed by the higher regional authority”? That is a much smaller example than the one of a statutory planning area, but it is a complex area.

I do not seek an answer from my noble friends on these matters today and I do not want them to feel that I am not grateful for the amendments that have been put forward. But there is a serious issue in the Bill in relation to the rights of members of the public living in areas where there is still regional government.

Localism Bill

Debate between Lord True and Lord Newton of Braintree

Monday 20th June 2011 Lords Chamber

[Lord Newton of Braintree]

My Lords, before I say anything else, I should probably declare an interest, which I hope that I do not have to declare every time, which is that my wife is a former chairman of Braintree District Council and currently the cabinet member for planning and strategy. I hasten to add that, on this subject, we have not considered our views together, and I am not expressing her opinions—as I do on everything else, of course.

This is an unusual occasion for me. I do not usually find myself tempted to my feet by my noble friend, who is historically rather more robust than I am. I am normally seen as being on the softer side of the party. I have every sympathy what he just said. I will not elaborate, therefore, but I add a second heretical view, which is that, from what I have heard so far today—and I have reservations about parts of the Bill—we are in danger with all these definitional clauses of creating a pure lawyers’ paradise in which every decision is capable of endless judicial review to determine what these meaningless words mean. I do not encourage that.

[Lord True]

My Lords, I declare an interest as the leader of a local authority in London. I also thank my noble friend for her earlier comments on shadow mayors, which were extremely welcome. I do not want to come between my noble friends Lord Greaves and Lord Lawson, but I express concern about the way in which the amendment, with its merits or otherwise, is framed. Here, I follow the remarks of my noble friend Lord Newton of Braintree.

The amendment as framed, which requires a local authority to exercise the power, is applied to the core general power of competence at the start of the Bill. That means that everything done by any local authority under the Bill may be subjected to the tests. Many of the tests are desirable—I certainly do not go as far as my noble friend Lord Lawson in his comments on sustainable development, which is in principle an admirable objective—but I fear that, if the amendment is applied to the Bill in general terms, the willingness to use the general power of competence may be tainted by fear of legal action. The fundamental point that I hope that we will pursue is, as I said at Second Reading, that we should do nothing to limit the power of general competence or to discourage local authorities from employing it.

It is a worthy try by my noble friend Lord Greaves, but I hope that if he wants to return to this important principle, it should not, for the reasons expressed by my noble friend Lord Newton, be applied to this part of the Bill.