Localism Bill

Debate between Lord Whitty and Lord Marlesford

Wednesday 20th July 2011 Lords Chamber

[Lord Whitty]

My Lords, I trust that the Government will give no credence to this intervention by the noble Lord, Lord Reay. Government policy for encouraging the development of alternative energy—which is essential to our future—includes onshore wind farms. If he wishes to pursue his opposition to that policy, he should pursue it under energy Bills and the various regulations that are brought before this House under the energy Bills. He may well have done so. However, this is not the appropriate point to do it.

His amendment would do the opposite of what he is suggesting. It would discriminate against developers of wind farms as compared with any other developer, as well as cutting across what has been a cross-party consensual position in terms of encouraging alternative energy, including wind farms. In reality, the number of wind farms that have been rejected on planning grounds is at least equivalent to those that have gone forward and the number on which a decision has been challenged.

I do not want to use the same intemperate language as the noble Lord, Lord Reay, but, in practice, on wind farm applications, the nimbys have generally won. In this, at least, let us recognise that there is an overriding national consideration that this Government, the last Government and all parties in this House have accepted. This is not the point at which to further discriminate against wind farm developers.

[Lord Marlesford]

In case the House were to think that my noble friend was in a minority of one, I rise to support his amendment strongly. Frankly, the essence of the planning system is that planning decisions should be made on planning grounds. To attempt to distort those decisions is thoroughly undesirable and totally contrary to the whole basis of what was set up by the party of the noble Lord, Lord Whitty, when it was in power in 1948. It was one of the great achievements of the Labour Government—the other being the health service. England would not be the country it is if it had not had that planning system.

My noble friend is talking particularly about wind farms, which is quite relevant because of the element of subsidy. However, very undesirable pressures have been put on planning authorities, for example, by supermarkets, which have proposed to build in quite inappropriate places and have threatened expensive public inquiries and local authorities with damages if they presume not to grant the application. My noble friend Lord Reay is absolutely on to the right idea. I strongly advise the Government to think very carefully before they distort the planning system in this sort of way.

Localism Bill

Debate between Lord Whitty and Lord Marlesford

Tuesday 19th July 2011 Lords Chamber

[Lord Whitty]

My Lords, I have tabled three amendments in this group. I apologise that I missed my amendments in the earlier group, because the Committee is making such breakneck progress on this Bill, but I wish to speak now. However, I support both the amendments tabled by the noble Lord, Lord Best, and the cross-reference by the noble Lord, Lord Greaves, to Schedule 12 and the need to clarify the position in relation to conservation areas and the setting and general appearance of buildings, which from Schedule 12 seems not to apply to neighbourhood plans. My amendments attempt to relate neighbourhood plans to the broader planning structure, which still exists. The Government have, of course, deleted any application of regional spatial plans but there are still national policies, national advice and the local plan.

This part of the Bill, paragraph 8 of the new schedule in Schedule 10, relates to the issues which the examiner should take into account when considering neighbourhood plans. It seems to me that under paragraph 8(2), there is a weak relationship between the requirements on the examiner and the reference to national policies. We all know that “having regard to” national policies and advice containing guidance means that you can take no notice of it. Indeed, that is often the case. I am suggesting a rather stronger form of words: that the examiner should consider whether the plan “is compatible with” the national policies and the advice issued by the Secretary of State and that, in relation to the local plan in paragraph 8(2)(d), rather than the order being,

“in general conformity with the strategic policies”

of the local authority’s plan it should be in,

“conformity with the objectives and policies”,

of that plan. It seems to me that general conformity is, again, fairly weak. If the examiner were to find that the plan is in general conformity or had taken into account the Secretary of State's advice but then totally ignored it, there would be problems.

We need to place some tighter requirements on the examiner in this regard. I am all for flexibility and localism but if we are maintaining a structure of planning, there needs to be interrelationship between its various layers. My three amendments in this section, starting with—I get lost in this alphabet soup—Amendment 153ZZA, therefore would attempt to tighten up the form of wording in this section. I commend them to the Minister.

[Lord Marlesford]

My Lords, I strongly support the very wise words of the noble Lord, Lord Best. I shall give an example by going back to some of the things that my noble friend Lord Lucas was saying about Battersea, because in 1967 I bought a small house in Kersley Street, Battersea. When I went to buy it, I was told by the Battersea authorities to be very careful because the mayor of Battersea wished to sweep away all that area. Those houses were built in about 1893 and now it is a conservation area and all that, thank goodness, and is a gem in its way.

To be honest, on this question of design, I am afraid that developers and architects of the 1950s and 1960s have an enormous amount to answer for. There has only very recently been salvation. The noble Lord, Lord Best, referred to the demolition of some of the ill considered, ill designed and ill constructed blocks which were put up in the place of extremely desirable housing for people. One thinks immediately of places such as World's End in the old days. I hope that the Minister will assure us that the Government are as united as we are in making sure that this is protected fully for the future.