Affordable Housing: Supply

Lord Whitty Excerpts

Thursday 25th April 2024 Lords Chamber

[Lord Whitty (Lab)]

My Lords, I congratulate my noble friend Lord Chandos on initiating this debate. I am particularly pleased at the terminology used for the Motion; “genuinely affordable” housing is what we are on about. In the Government’s jargon, “affordable” has become meaningless. In many parts of the country and for hundreds of thousands of families, 80% of private rent levels are not affordable. To use that as a term of art in legislation and regulation on affordable rent and in affordable housing statistics is misleading, given the depth of the problem that we have to address.

I likewise look forward to the maiden speech of the noble Baroness, Lady Smith of Llanfaes; I hope that she can bring a different perspective to this. I am glad to follow the noble Lord, Lord Best, except that he has pinched most of what I was going to say—that is not going to shut me up, but I nevertheless agree with pretty much all that he said.

In the days of Lloyd George, to which my noble friend referred, after the First World War about 75% of people lived in private rented accommodation—most of it pretty squalid and a significant part of it very insecure, with the powers of landlords being strong. We transformed that over most of the last century, until relatively recently when we started to go backwards. By the 1980s we were in a position where, since the 1920s, social housing had provided decent housing and affordable prices for a large section of the population, rising to about 30%. Since the 1980s, however, with right to buy without the proceeds being 100% fed back to new building, with demolitions and with stock transfers, that figure for social housing has fallen; it is now down to about 17%. For those in the property market, the prices of new homes have risen from three and a half times average earnings to something over eight times. Mortgage holders, aspiring mortgage holders and private renters are now struggling. For many people, mortgages are now unattainable, and many who had secured mortgages are threatened by the phenomenon of rising interest rates.

In every part of the housing market, there is insecurity, unaffordability and distress. There is also a decline in physical conditions, which I will come on to. At the same time, as the noble Lord, Lord Best, said, household formation has continued apace and, according to the figures that everybody has accepted in recent years, we need to build or provide, one way or another, 300,000 new homes a year. We have never attained anything like that figure—the figure that we have from time to time hit 200,000 or slightly over is an exaggeration, as it is a gross figure, not a net one, and does not take account of demolitions.

It has been the case that, for most of the last century, social housing has provided a positive, safe and affordable alternative. Regrettably, that has declined over recent years. There have been a number of scandals in both local authority and housing association accommodation, with mould and damp, unhealthy conditions, and repairs not being addressed. This has made social housing less attractive.

In the days when both the numbers and standards of local authority social housing were improving and setting the benchmark for good housing associations, the relationship between local authorities, social landlords and the construction industry were very different from what they are now, as the noble Lord, Lord Best, has implied. On the one hand, local authorities had substantial in-house staff and architects, and had their own direct maintenance staff in most cases; they were likely to be the main procurers of house construction work in their areas. On the other hand, in the days of Harold Macmillan and Harold Wilson, the construction sector was highly competitive locally, with a dozen or so SMEs—mainly large family businesses—competing for their local authority’s work. Nowadays, as the noble Lord said, most architect departments and direct works have been dispensed with, and even a competent clerk of works does not exist. The housebuilding sector is dominated by large housebuilders and large developers, which means that the balance of power within the housebuilding market has changed dramatically. We need to do something about that.

There are people who blame the planning system for the lack of new housing provision. It is not perfect, but we do not want to uproot the planning system entirely, because it protects the environments in which people live and the provision of decent housing. It is not the planning system that is the major problem but, frankly, the fact that even when planning permission has been granted there are probably up to a million homes which have not yet been started. It is that, rather than blockages in the planning system, which means that the supply of new homes has been so diminished. The reduction of environmental standards or the loosening of planning restrictions will not speed up that process unless we address it directly, by insuring that starts are made in those areas.

We also have to recognise that the usual figure for new homes completed is the gross figure, not the net figure. In other words, it does not take account of demolitions, particularly those of social housing. I have argued before in this Chamber that the predilection of many developers, and in some cases planning committees, to demolish and rebuild both public and private estates, rather than take the option of retrofit—which is both environmentally more sensible and likely to be much less socially disruptive—is a problem. We need to make sure that, in all major planning permissions, the alternative of retrofit is always considered.

We will need more social housing, and most of it will come from local authorities. As I have said, local authorities have been sadly diminished, financially and in their expert staffing, since their great days. At one point, I thought—or was nearly persuaded—that the idea of having hived-off arm’s-length companies owned by local authorities would help provide social housing, but we have seen local authorities of all political persuasions have their fingers severely burned by going down that road. We need something closer to what the noble Lord, Lord Best, was arguing for—regionally based multi-local authority area corporations to become the major procurer within the housing market and therefore face down the housebuilders in their intentions to, for example, keep the level of social housing low in any mixed development, and then halfway through the project say that they can no longer afford it and get it reduced yet further. That phenomenon must be removed from the housing market.

I agree with the noble Lord, Lord Best, that we need a new housing strategy. Whether that is a housing committee, a housing corporation, or a housing Cabinet committee, I do not mind, as long as we have an overall approach that can face up to all these problems.

For many families and key workers, as the noble Viscount, Lord Chandos, has said, it is impossible to find a place to live that they can both afford and be safe and secure in. We need to make a change. I hope the Labour Government will make that change. Whoever is running this country in the next few years, the housing problem for the least secure people must be urgently addressed.

Housing: Accessibility Standards

Lord Whitty Excerpts

Monday 5th February 2024 Lords Chamber

[Baroness Penn (Con)]

As I said, we had the interim uplift to energy efficiency standards in 2021, and we have just started a consultation on the future homes standard. That sets out two models that could achieve the standard, one with solar panels and one without. The reality is that the Government have focused on the outcomes that need to be achieved and can be achieved by a number of technologies. Those outcomes are consistent with our net zero commitments and targets, and we are committed to taking them forward.

[Lord Whitty (Lab)]

My Lords, is this not just one aspect of the Government’s failure to enforce the standards to which they are theoretically committed, whether environmental, accessibility or others? Are they trying to trade off the standards against numbers because of their pathetic failure to meet the 300,000 homes a year ambition, which was stated time and again?

[Baroness Penn (Con)]

It is under this Government that we have seen some of the highest housebuilding rates in 30 years. We are on track to deliver 1 million new homes during the course of this Parliament. We are not trading off different standards, but we do need to consider whether any new standards we bring in are deliverable by builders and allow us to meet the needs of local communities and of our environment, and the need to build more homes.

Levelling-up and Regeneration Bill

Lord Whitty Excerpts

2nd reading
Tuesday 17th January 2023 Lords Chamber

[Lord Whitty (Lab)]

My Lords, I am very pleased to follow the noble Lord, Lord Horam, with his strategic policy on land and housing, and the noble Lord, Lord Heseltine, with his history of largely ineffective aims, in the end, to rearrange devolution within England. My first ministerial job in this House was to defend the plans for regional government brought in by the Labour Government in 1997. I still think that English regions of roughly the size that we proposed would have been a good idea, but when we tried it out in the area that we thought would be most susceptible, the north-east, the people did not want it. They saw it as a vehicle for yet more politicians.

We must ensure that levelling up, which is a great concept, is delivered by a structure of governance in this country that actually works and which the people support. By and large, the devolution that has happened in recent years has been only partially supported by the population. It has brought some benefits in some cases, such as to areas with elected mayors—those that do not have them feel somewhat jealous—but, either way, the stranglehold of Whitehall has remained and the resources allocated to local government from the centre have been deeply constrained, such that even the most effective areas of local government have been unable to deliver for their people.

This levelling-up strategy must be seen in the context of both the financing of local government and other forms of finance. Housing, transport, education and health policy all contributed to the failure of previous levelling-up initiatives. Part of the levelling-up process was stimulated by the end of what was a sort of substitute levelling up: the allocation of resources through the regional fund and the Social Fund of the European Union. The shared prosperity fund which was supposed to replace them has not seriously contributed towards levelling up in its distribution of funds within England, and nor have the rest of our agendas.

I am anxious that levelling up have some cross-reference to our programme for decarbonisation and net zero. But I saw a graph this very morning showing that the vast majority of green jobs in England have been created in London and not in the parts of England that so lack employment in the more traditional industries of these days.

When this Bill was first proposed and the White Paper came out, I was reasonably confident that the Government had at least grasped the concept. The White Paper, which is quite thick, contains many interesting ideas and its technical annexe enclosed a number of metrics and targets. The contents of this Bill, which is equally massive, do not appear to be as ambitious as the White Paper. In some ways, it is contradictory to it. I think the Bill will require a lot of scrutiny from this House.

I was going to comment primarily on housing and the environment, but I need to reflect my disappointment at the nature of the Bill overall and to mention one other thing, which I am stimulated to do by the reference of the noble Lord, Lord Horam, to his representing both London and the north: levelling up needs to happen within areas as well as between them. We should not be defined by our postal codes, but some of the poorest and the poorest quality of life exist within some of our more affluent areas. There are significant numbers of poor and deprived families and communities in London and Bristol, as there are in the more affluent rural areas of our country. We must ensure that, whatever levelling-up policy we adopt, it levels things up for everybody rather than simply transferring a bit of the rates support grants or the proposed shared prosperity fund from one area of the country to another.

Residential Leaseholders

Lord Whitty Excerpts

Thursday 12th January 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I have not seen the new Bill, so I cannot give that assurance. However, I am aware of the noble Lord’s review and I know that we are still considering it.

[Lord Whitty (Lab)]

My Lords, this Question has been about the plight of leaseholders, and the previous one was about private tenants. There are also problems in social housing and for people paying their mortgage, or indeed being able to afford a mortgage in the first place. Do the Government not recognise that all the things the Minister has referred to are a piecemeal approach to this? We have a crisis in every different sector of tenure in the housing market. It is important that the Government do not rely on the smaller measures to which she has referred—and given no date for. We need a whole new approach to housing policy and a whole new relationship between the Government, local government, landlords and, particularly, the big house builders and developers, who seem to make more money from knocking down buildings than they do from increasing affordable supply.

[Baroness Scott of Bybrook (Con)]

The Government are totally aware of the issues relating to all sectors of the housing industry in this country and those that affect tenants and home owners at the moment. We are dealing with this, but it has to be dealt with in this way; you cannot throw the whole thing up and look at it in one big piece. It has to be dealt with well and properly for the future, because a good, secure and decent home is what everybody deserves and is certainly something that is important for this Government.

Levelling-up Report

Lord Whitty Excerpts

Thursday 19th May 2022 Lords Chamber

[Lord Greenhalgh (Con)]

It is very clear that the levelling-up mission involves levelling up both within and between communities. Of course, it takes into account that there is great disparity within parts of the south-west of this country.

[Lord Whitty (Lab)]

My Lords, does the range of metrics to which the Minister has referred include disparities within areas? It is no use levelling up Yorkshire by taking resources away from the poorest in London, or levelling up Cornwall by taking them away from the poorest in Hampshire.

[Lord Greenhalgh (Con)]

As I said in response to the previous question, of course there are great disparities—within Greater London, for instance, never mind within Yorkshire. We must level up between and within communities; the metrics pick up that regional and local disparity.

Building Safety Bill

Lord Whitty Excerpts

Committee stage
Wednesday 2nd March 2022 Grand Committee

[Baroness Neville-Rolfe (Con)]

My Lords, safety has a cost, as the right reverend Prelate the Bishop of St Albans reminded us. We have to decide where we should require money to be spent. I will talk a bit about the electrical safety and standards provisions and then come back to staircases.

I know there is a shortage of electrical experts able to carry out these assessments. Our own electrician, who is very expert, cannot do the assessments we are being asked to provide for social housing and other blocks of flats—for example, my son has a let flat, because he is an academic. The electrician says that he needs to go on a week’s course and, as a busy self-employed person, he does not have time. The lobbying organisation Electrical Safety First, which tried to get me to support Amendments 122 to 124, because I am keen on safety and looking after the consumer, seemed relatively unconcerned about this. Moreover, the amendments are wide-ranging and uncosted. As noble Lords will know, I worry a lot about the shortage of skills in the industry.

These amendments would further jeopardise housing supply, this time including social housing, and leave flats empty. Social housing landlords will be doing this sort of thing anyway post Grenfell, I think. For similar reasons, I am against the wide-ranging Amendment 121.

I am much more relaxed about Amendment 120, especially as it includes a consultation provision. The noble Baroness, Lady Jolly, and I did the Consumer Rights Act together; she is right to think forward to the needs of an increasingly ageing population, which is exactly what this amendment does. We also heard from the noble Lord, Lord Jordan, and the noble Baroness, Lady Young. The huge potential cost to the NHS of accidents in an ageing population is also a very strong argument for action, as we heard from the noble Baroness, Lady Finlay of Llandaff.

This is Committee, so I am sure the Minister will reflect further, but if one can find a way—without imposing significant costs—of making staircases safer, that could be extremely useful.

[Lord Whitty (Lab)]

My Lords, I added my name to the amendment from the noble Lord, Lord Foster, which the noble Baroness, Lady Neville-Rolfe, has just disagreed with. Those three amendments seem to me an essential guarantee of safety for the tenants, leaseholders and others who occupy buildings that are owned by what are broadly social landlords.

The noble Baroness is correct that the normal training of electricians does not include an ability to do this, but that needs to be addressed. I contrast it with the gas situation. Social landlords are obliged to have a gas inspection regularly and, by and large, they do it. Gas suppliers both train their people in that respect—it is an essential element of a gas fitter’s training—and, certainly in my experience of London boroughs, they carry it out pretty regularly and effectively. I do not see why electrical suppliers should not be in the same situation.

As has been said, over half of fires are ultimately caused by electrical faults; most of those are in appliances, but if those appliances are fitted to an installation and a system whereby the defusing mechanism does not work and the fire goes back into the wall and beyond, you have a terrible and inaccessible situation. That is exactly what the more serious fires caused by electrical faults are. There is clearly a responsibility on the manufacturers and retailers in terms of the quality of the appliances, but there is also a responsibility on those responsible for the buildings to ensure that there is a proper inspection of the whole electrical system. That needs to be addressed; it is an anomaly that gas is different from electric. There was a time when the biggest accidents were gas—now they are predominantly electrical. I hope that these three amendments are carried.

On staircases, I agree with the amendment spoken to by the noble Lord, Lord Jordan. I would also say—somebody referred to it earlier—that there are new high-rise and medium-rise buildings that have received planning permission with one staircase and one means of escape only. That is perfectly legal at the moment. It should not be, but I know of at least three examples in London boroughs which have been passed because they say that there are alternative means of escape—in other words, a lift. Most of us are advised not to use a lift in a fire, and it is pretty much built into our psyche, so that is not a sufficient reason. If we are addressing the staircase regulations, for medium-rise and high-rise buildings, two means of escape without involving an electrical lift need to be written in. I support all the amendments in this group.

[Baroness Hayman of Ullock (Lab)]

My Lords, it has been an interesting debate about two very different but important aspects of safety. I want first to talk about the Safer Stairs campaign introduced by the noble Baroness, Lady Jolly. She and others made it clear that falls on stairs are a huge issue, but unfortunately it seems continually to go under the radar when it comes to what to do to stop so many people suffering often catastrophic falls.

As we have heard, the British Standard has existed since 2010. It has been rigorously tested by industry but has never been made a legal requirement. That is strange: we have a standard, but we do not have to bother with it—that seems a very odd way to go about things. There does not seem to be anything to stop the Government putting this standard into primary legislation. There is a precedent for doing so: the ban on combustible materials went into the Building Regulations 2010. My noble friend Lord Jordan put it in a nutshell when he said that, if the Minister were to accept the amendment, we would have the opportunity to end day-to-day tragedies—the smaller stuff. Kicking the can down the road will cost lives. If we do not address it now, it could be many years before any new ombudsman tackles the problem. If it is 10 years before we get a grip on this, that is 7,000 more unnecessary deaths.

The noble Baroness, Lady Jolly, and the other signatories to the amendment therefore have our strong support—as well, it seems, as that of many noble Lords, not just in Committee today but at Second Reading. This is the Minister’s opportunity to do something that would genuinely make a huge difference. He should accept the amendment and, as my noble friend Lady Young of Old Scone said, just do it.

We also fully support the amendments tabled by the noble Lord, Lord Foster, which aim to improve the safety of electrical installations. We have heard that the number of fires in high-rise residential blocks has risen consistently year on year, which indicates that we need to do something practical to try to stop that number continuing to increase. Safety parity for all renters was mentioned. As we have heard, it cannot be right that in a mixed-tenure block a private renter will have electrical checks carried out by law while the social tenant living next door will not. As the noble Lord said, a fire in a tower block does not check the tenancy status of those that it threatens.

I will briefly reference my noble friend Lord Whitty’s point about how wrong it is that there is only one escape staircase in blocks now. A planning application was recently overturned because it was challenged on that. As part of the response to Grenfell, the Government really need to get to get to grips with this. I know that this is a planning issue, but I hope that the Minister will take this away.

Land Use Framework

Lord Whitty Excerpts

Thursday 28th October 2021 Lords Chamber

[Lord Whitty (Lab)]

My Lords, I first welcome and congratulate the noble Lord, Lord Harlech. He is a worthy successor to those ancestors he mentioned. When I first saw his name on the list, I thought that he was the bloke who used to stop me seeing all those films I wanted to see—but, in fact, he brings much wider talents to the House. I welcome his obvious commitment to the subject matter of this debate and to the wider points he raised. It shows that the rather odd system by which all of us get here can throw up an asset to this House. He is very welcome.

I will also mention briefly the reference by the noble Baroness, Lady Young, to Lord Selborne, whose memorial service is today. He was a great champion of many of the matters to do with the countryside and beyond that we are addressing today.

Our land—whether urban or rural—is subject to multiple pressures, and our planning system is supposed to be the arbiter. The Town and Country Planning Acts of the 1940s are some of the unsung achievements of that Labour Government. By and large, they protected the English countryside from the more ravenous designs of developers, industry and tourism. For a long time, they also prevented more egregious development in our towns and cities. They significantly limited ribbon development and urban sprawl—particularly through the invention of the green belt. At the same time, that system allowed positive development in those post-war years—massive increases in the building of decent homes, the development of our infrastructure and the facilitating of industrial change. It did so within a context where key decisions were in the hands of elected authorities, which allowed the public to have a direct, clear say.

We would be foolish to dispense with that system, but it would also be foolish to deny that there are considerable pressures and problems both in our cities and countryside with which the planning system is now struggling. I do not mean what is—I fear—the knee-jerk reaction in certain parts of the Conservative Party and the press, encouraged by some property developers and their apologists, that the planning system is run simply by bureaucrats on behalf of axe-grinders and nimbys. That attitude seemed originally to be behind the Government’s intent to bring a planning reform Bill to Parliament. I hope that they are now thinking again.

Previous speakers have focused on the countryside. It is true that 70% of our land is designated for agriculture and only about 10% to 12% is built on. That is not the assumption of most people. In reality, the look of our countryside has developed. It has not been preserved in aspic by the planning system; nor should it have been. It has changed over the past 80 years, but the planning system has limited and directed that change in a way that has benefited our countryside and our ability to enjoy it. The detailed changes have not been determined by the planning system but by, for example, successive agriculture policies through the post-war Ministry of Agriculture, the EU and now the Agriculture Act that we have just passed, which will have significant effects on rural land use, so that the look of our fields and the configuration of our hedgerows will change again.

While past agriculture policies have, through incentives and regulatory structures, largely determined the balance and shifts of agricultural production and the look of our land, they have also been subject to increasing constraints and objectives for environmental and public health reasons. These too have had an effect on our countryside. With the new Agriculture Act, these incentives and regulations will be targeted principally at environmental outcomes. Food and material production will be determined largely by the market and, regrettably, by some unfortunate trade agreements. State intervention will be primarily on behalf of the environment, rather than food. As the noble Baroness, Lady Young, and others have said, it is true that the ELMS are not broad enough to deliver that prospect, but we know the direction in which we are moving.

There have been problems with the past effects of planning. Sometimes agriculture has been overconstrained in development—for example, on the use of old agricultural buildings and cottages. But in general, it has worked well for agriculture, as well as for those of us who enjoy the countryside.

Of course, the planning system itself is overladen by other interventions—on designating SSSIs, on AONBs and on national park regulations. They have all helped to preserve and enhance our countryside, but they are not always directly compatible with the principles of the planning system. There is renewed attention to biodiversity; all this preservation of the look of the countryside has not preserved the non-human inhabitants of the countryside, plants or animals.

The planning system has also often been overladen with national priorities. We have overarching commitments to road and railway infrastructure that run roughshod over some of the planning and protection of our countryside. In principle, I am in support of the full HS2 project, but I do not think its route should have endangered so much of our woodlands. That was not in the nature of the relationship, and that is why we need a more overarching framework.

We also need to control the quality of our waterways, the effect they have on the countryside and what we put into them from our agriculture processes—fertilisers and pesticides—and from domestic use. We need the regulation of that to fit in with the planning system.

Meanwhile, the other side of the coin is urban areas. Massive changes have taken place with the planning system’s permission, with public involvement and with a relative clarity and consistency of those planning decisions, but that is weakening. I have often complained in this House that we now have a whole sequence, particularly in urban areas, of unnecessary, carbon-emitting demolition and rebuild, when more sophisticated methods would retrofit those buildings to meet current objectives for the environment and public health. In many cases, that has destroyed the ambiance of our cities and towns and the look of our urban areas. You do not have to go very far from here, to the south bank of the Thames, to see what I am talking about.

As the noble Baroness, Lady Thornhill, said, part of the problem in rural areas is that the planning resources of rural councils amount to a man and a dog, particular in two-tier areas in England. It is also true more generally, in both urban and rural areas, that the relationship between local authorities, developers and large builders has changed dramatically. When Harold Wilson was building 300,000 houses a year, he could deliver it and decide on it because local authorities were in the driving seat. They were dealing with hundreds of small builders; there was competition, and the local authorities were giving out the contracts. Now the balance of power has shifted dramatically. Local authorities, often with minimal planning staff and in most cases—even in rich urban areas—with no housing department, architects’ department or direct labour organisations, are dealing with massively resourced developers and an oligopoly of half a dozen or so housebuilders, all backed by multinational finance. In those circumstances, the balance of power is very substantially with the developer. The planning system as it is can have only a limited effect, although I acknowledge that in some cases it has a key one.

I am not saying that the old system made all the right choices in either town or country. I am saying that it is no longer strong or integrated enough and that it needs a new framework. The developers that have transformed our cities, not always for the better, now have their eyes on agricultural land. A change of use from food production may follow, particularly with the reduction in extensive grazing if, for one reason or another—because of green consumer choice or trade agreements—we eat less British-reared red meat in this country. The outcome for that land that is no longer used for agricultural purposes is unlikely automatically to be rewilding or forestry, as environmental outcomes would require. At least some of it will be taken up by developers, and mostly in inappropriate parts of the country. If we are not careful, that will happen, and in a way that does not take in the local authority, and the local community and its representatives will have no part whatever.

We need to revert to the basic principles of the Town and Country Planning Act, but to put it in a wider context, one that is relevant for a modern age in both our towns and our countryside.

Net-Zero Emissions: Planning and Building Regulations

Lord Whitty Excerpts

Thursday 9th September 2021 Lords Chamber

Asked by

[Lord Whitty]

To ask Her Majesty’s Government what plans they have to align England’s planning system and building regulations with (1) the net zero emissions target, and (2) other environmental goals.

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

Through our current programme of planning reform we will ensure that the planning system continues to play an effective role in supporting progress towards net-zero emissions and delivering meaningful change for our environment. In addition, the future homes standard will ensure that new homes built from 2025 will produce at least 75% less carbon emissions than homes delivered under current regulations.

[Lord Whitty (Lab)]

My Lords, I thank the Minister, but the fact is that the carbon assessments in the present system are not biting or binding. Construction and building use between them account for nearly 40% of carbon emissions. There are two things which might actually bite. First, in regeneration projects of housing or offices, demolish and rebuild means the release of embedded carbon, the carbon cost of rubble disposal and then the carbon cost of complete rebuild with carbon-intensive products such as steel, glass and concrete. Developers, local authority planners and architects should be required to first assess the relative carbon effects of the option of retrofitting to higher-grade efficiency standards. Secondly, building regulations should prescribe and enforce the use of energy efficiency and water-efficient systems and appliances in all new build and retrofit. Can the Minister include this in the reform of the planning system?

[Lord Greenhalgh (Con)]

My Lords, I point out that the current approach is biting. We have achieved a growth in our economy of 78% while cutting emissions by 44% over the past three decades, which is something to celebrate and something that successive Governments can be proud of. We also recognise the benefits of retrofit ahead of demolition. Reuse and adaption of existing buildings can make an important contribution to tackling climate change, and the National Planning Policy Framework already encourages this.

Flood Plains: Housing Development

Lord Whitty Excerpts

Thursday 24th June 2021 Grand Committee

[Lord Whitty (Lab) [V]]

My Lords, I congratulate the noble Baroness, Lady McIntosh, on getting this debate and on showing her expertise and knowledge in this field. In particular, I commend her report Bricks & Water, which raises many of these issues.

This Session of Parliament has seen rather a contradictory approach by the Government in this area. On the one hand, we have the Environment Bill and the associated preparations for climate change in COP 26, along with a general recognition of the need to mitigate and adapt to climate change. On the other hand, we have a planning reform Bill that is likely to dilute or omit protections and adaptations that are needed due to man’s intervention and climate change.

We know that substantial numbers of houses are prone to flooding and that extreme events such as massive storms and sea surges will be far more frequent. We know that surface flooding and the breakdowns in drainage and sewerage systems are already with us. However, we are still not taking the measures needed, and the problem is becoming worse. We need to ensure that developers and the construction industry do not add to the problem and that local authorities do not see building on flood plains or flood-prone areas as an easy way in which to meet their affordable housing quotas or to provide up-market riverside dwellings to raise the tone of the neighbourhood.

Frankly, we need an absolute ban on building on category 3 land, at the very least. At present, the only brake on such developments beyond the individual planning processes is the role of the Environment Agency, which has responsibility not only for mapping the flood risk but for general guidance on developments in flood-prone areas—and of course, that is where you find the experts on total flood systems and river systems management, as the noble Baroness indicated. Of course, it is a statutory consultee in such planning proposals, but, frankly, that does not work.

I was a member of the board of the Environment Agency when we were explicitly given these new roles. I remember saying at the time that we were accepting responsibility without power—the privilege of muggins through the ages. I am afraid that that anxiety has been borne out: the Environment Agency has not had the resources to examine anything like all planning proposals, even the large ones. When it does comment or object and call for modifications to developers’ proposals, it can be totally ignored by the local authorities and even by the Planning Inspectorate. The Environment Agency combines expertise in this field with understanding of river and flood responses, yet it has no real power.

I suggest that, on the one hand, the presumption of any proposals for building at least on category 3 flood plains should be absolutely prohibited, and the Environment Agency should have the power to enforce that—or, alternatively, given the Bill that is before us, we could place a duty on the office for environmental protection that there should be no new developments on land that is most subject to flooding and, if necessary, the OEP could overrule the planning system, the Environment Agency and any other public body, if new developments are being given the nod. That is a possible role for the OEP, which would make it effective in this adaptation field.

I have a number of questions for the Minister to answer now or in writing. How many planning decisions in England over the past five years have involved building on flood plains, particularly in category 3 areas? On how many of them had Environment Agency advice been given as a statutory consultee, and to how many did the agency object or put in significant modifications? How many have actually gone ahead?

To go back to what the noble Baroness, Lady McIntosh, asked, how many of Sir Michael Pitt’s recommendations remain unenacted? In more immediate terms, will the Minister and his colleagues in MHCLG insert a new clause in the planning Bill to ban absolutely all building on flood plains or at least in category 3 areas?

Rogue Landlords Register

Lord Whitty Excerpts

Wednesday 26th May 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, this database is not meant to be a metric of local authority enforcement work. In its current form, it is targeted at only the very worst and most persistent offenders who have been convicted of a narrow range of offences or have received two civil penalty notices within a 12-month period. I have satisfied myself that the Government have provided a lot of support regarding improving enforcement against the most egregious and rogue landlords.

[Lord Whitty (Lab) [V]]

My Lords, due to inadequate levels of social housing and prohibitively expensive house prices, the proportion of households living in private rented accommodation is almost certain to go on increasing. There are many problems with this sector, as the noble Baroness, Lady Grender, has said. We are talking here about rogue landlords; there are of course also good ones, but we really do not have a clue about how many landlords there are and how well they all operate. Would it not be sensible to legislate for a comprehensive register, local authority by local authority, of all landlords and for registration to be subject to a requirement of minimum standards of safety and security and minimum terms for rental agreements?

[Lord Greenhalgh (Con)]

My Lords, the majority of private rented sector landlords provide decent and well-maintained homes; in fact, the proportion of non-decent homes has declined dramatically from 41% in 2009 to 23% in 2019. We have committed to exploring the merits of introducing a national landlord register and we will engage with a range of stakeholders across the sector to understand the benefits of different options for introducing one.