(1 week, 5 days ago)
Grand CommitteeMy Lords, I am very grateful to the Minister for her explanation. I have no difficulty at all with the thrust of this statutory instrument, but I have one or two queries.
Throughout her speech, the Minister referred to Crown development, but the Explanatory Memorandum says that this concerns
“planning permission for the development of Crown land”.
Does this apply only to development on land that the Government already own? Or, as the Minister said, is this about Crown development, possibly on land owned by other people or organisations? If I am right and this is confined to the development of Crown land, as the Explanatory Memorandum says on pages 1 and 3, is there a definition of “Crown land”? We are familiar with the Crown Estate but what exactly is Crown land?
Secondly, can the Minister give us some examples of the sorts of development that might be relevant to this statutory instrument? I understand the process that she described, but I did not get a picture of exactly when this would be used by the Government. It would be helpful if she could flesh that out.
Thirdly, this measure applies to development that is urgent and in the national interest or
“securing planning permission for nationally important and urgent Crown development”.
Is that justiciable? In other words, would it be possible to slow down the whole process if somebody came up and said, “This is a misuse of this statutory instrument. This is not nationally important or urgent”? In that case, the whole objective of this SI—to speed things up—could be nullified if the decision to use it was justiciable.
My final point is a petty one. I notice that, on pages 2 and 3, a whole lot of legislation is being amended. It is not clear to me why the Caravan Sites Act 1968, for example, has to be amended as a result of what we are doing in this SI. Is there some particular caravan site occupying a site of enormous national importance that might have to be used for the purpose of some giant infrastructure scheme? Looking at pages 2 and 3, one sees a whole series of pieces of legislation, and it is not absolutely clear why they all need to be amended to bring this SI into effect.
My Lords, I share the concerns of the noble Lord, Lord Young of Cookham, and I hope that the Minister will be able to respond satisfactorily to the points that he raised.
Reading the Explanatory Note, my question is: who decides whether an application for a development is “of national importance” or “a matter of urgency”? I assume that there is a proposal from a department, presumably from the relevant Minister, that then goes to the Secretary of State in the noble Baroness’s department, and that the final decision is made by the Secretary of State, but on the recommendation of the relevant department. I assume that this means that the relevant department cannot itself define that something is urgent and of national importance. I think I have concluded that it is both, but that the final decision will lie with the Secretary of State. For me, the vital question for the Minister to clarify is: will the public be able to object? The Minister talked about the need to try to ensure consultation with local people, but will local people be able to object to an application, or will the decision lie simply with the Secretary of State?
I noticed the Minister’s comments on scrutiny. I think she said that there will be full scrutiny of the use of powers, but paragraph 10.1 of the Explanatory Memorandum says:
“The instrument does not include a statutory review clause”,
and paragraph 10.2 says:
“The Ministry of Housing, Communities, and Local Government will monitor the overall effect of the implementation of the Crown Development and Urgent Crown Development routes for planning permission”.
It is not clear to me to what extent that will involve Parliament. I want to hear from the Minister that the monitoring review will be thorough and part of normal parliamentary procedures on matters of this kind.
My Lords, this has been a helpful debate. As ever, our great experts on planning in the House contributed to a good discussion. I will, of course, attempt to answer all the questions. I am sure that noble Lords will pull me up if I do not if I do not answer them. I will, of course, check in Hansard afterwards and reply in writing on anything to which I have not responded to fully.
The noble Lords, Lord Young and Lord Shipley, asked who is able to apply for planning permission through these routes. Section 293 of the Town and Country Planning Act defines who is an applicant known as an appropriate authority for the purpose of applications under these routes. For example, this includes where land belongs to a government department or is held in trust for His Majesty for the purposes of a government department. That department is considered to be an appropriate authority. For land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the duchy is the appropriate authority and for land belonging to the Duchy of Cornwall, a person that the Duke of Cornwall appoints is the appropriate authority. So land that goes into any of those routes will be appropriate for this route.
The uses for Crown development and confirmation of which developments Crown development can be used for was the subject of the question asked by the noble Lord, Lord Young. I am sure that he will ask again if I have got that wrong. It will be for the Secretary of State to assess on a case-by-case basis what is deemed nationally important, and it would not be appropriate to comment now on specific schemes. However, it is likely that the Crown development route will be used most for HMG programmes relating to nationally important public service development. For example, this would include, but not be limited to, new prisons or border infrastructure. Traditionally, those things are difficult in the planning process. The route could also be used for defence-related development, as PINS is able to put in place special procedures to handle information dealing with matters of national security. Special provisions exist whereby the Secretary of State can issue a direction limiting the disclosure of information relating to matters of the security of a premises through Section 321 of the Town and Country Planning Act 1990. The Crown development route can also be used for particularly sensitive or significant development being brought forward by, or on behalf of, the Crown. We expect few applications to be submitted through this route every year. It is not going to be used all the time; it would be an exception.
In terms of urgent Crown development, again, it will be for the Secretary of State to assess on a case-by-case basis what is deemed nationally important and needed urgently. When I looked at the papers for this SI, the first thing that came to my mind was the time when, during Covid, we were getting desperately short of mortuary space. This is a bit of a morbid subject but, in the middle of a pandemic, it is vital that you think about that and you may want to have an urgent process to deal with that sort of thing.
It would not be appropriate for me to comment on specific schemes, but the urgent Crown development route is expected to be used very rarely, where other planning application routes just cannot be used to secure a decision quickly enough. The pandemic might have been one of those instances. It will be used only where development needs to be put in place quickly, in a matter of days or weeks, and where it is in the national interest—for things such as medical centres, the storage and distribution of key goods and services in the event of a pandemic or, potentially, mortuary space.
The noble Lord, Lord Shipley, asked who makes the decisions—he was correct in his assumption on that; I hope that that is helpful—and whether the public will be able to object. I will come to those issues in a moment.
The noble Lord asked about how national importance is defined. The Government are committed to a planning system in which decisions are made locally. However, it is a well-established principle that, in limited circumstances, it is necessary for the Secretary of State to make planning decisions where issues of more than local importance are involved. In general, the Secretary of State will consider a development to be of regional or national importance only if it would: involve the interests of national security or foreign Governments; contribute to the provision of national public services or infrastructure, such as prisons or border infrastructure; support a response to international, national or regional civil emergencies; or otherwise have significant economic, social or environmental effects and strong public interest. The applicant will have to set out, as part of a statement accompanying the application, evidence demonstrating that at least one of those principles has been met.
The noble Lord, Lord Shipley, asked how “urgency” is defined. The applicant will be required to provide a statement to accompany the application setting out why they consider that the development is both nationally important and needed as a matter of urgency. The Secretary of State will accept applications through the urgent development route only where the applicant can demonstrate that the proposed development is both of national importance and needed urgently. The applicant will need to demonstrate that the proposed development needs to be made operational in an accelerated timeframe and that it is unlikely to be feasible using other application routes, including the Crown development route, and will need to evidence the likely consequences of not securing a decision within the accelerated timeframe. I hope that that is helpful.
The noble Baroness, Lady Thornhill, asked me about mayoral powers and strategic planning. I share her pain, as any local councillor will, over the planning process. I will never get back the hours that I have spent in discussion about great crested newts and rare species of bats and insects, so I feel her pain on that. However, these reforms are for national and very urgent issues only.
On mayoral or strategic powers, the Crown reforms will affect the ability of combined or mayoral authorities to call in applications of potential strategic importance. The relevant combined authority will instead be consulted for development coming forward through the Crown development route, so it will be done at that strategic level.
In response to all noble Lords’ questions about how further information on this will be provided, we will publish updated planning practice guidance to reflect the new routes coming into force. We intend to publish the amended guidance closer to the implementation of the routes.
The noble Baroness, Lady Thornhill, asked about transparency. As I said, applicants need to demonstrate that the application is of national and urgent importance, and the Secretary of State can accept that application only if she considers that that is the case.
When a decision is made to accept an application, as I set out in my opening speech, a letter will be written to the MP whose constituency the development falls in and will be deposited in the Libraries of both Houses. Application documents will be available and applications to both routes will be determined on planning merits, with the reasons behind whether to grant or refuse set out in the inspector’s report or the Secretary of State’s decision letter. I hope that that is helpful.
In my opening speech, I set out in some detail how community engagement will work; the noble Lords, Lord Shipley and Lord Jamieson, raised it again. Of course, community engagement is very important. Any comments made during the consultation and publicity period that raise material planning matters will be taken into account as part of the decision-making process. The local planning authority will also have a role to play. It will need to place the application and documents on its planning register and, as PINS does not have a local presence, the local planning authority will be required to affix site notices during the mandatory publicity period and notify owners or occupiers who adjoin the site. So, for that purpose, it will work just the same as the local planning process.
Regarding urgent Crown development community engagement, as I said, we would encourage consultation with local communities, where possible. If it is possible to do meaningful engagement in a timeframe, we would encourage that. Where it is not possible, the Secretary of State should use alternative methods to make sure that community views can be taken into account.
The noble Lord, Lord Jamieson, talked about fixing the planning system; we hope we will be able to do that. Working very quickly, we have already managed a major consultation on the NPPF and published a revised version in December. Yesterday, the other House had a long debate on the Planning and Infrastructure Bill, which will come to this House shortly. My belief is that there will always be a need for an urgency procedure for decision-making in councils. There will always be a need for some kind of urgent process and for the Secretary of State to be able to make a decision on national grounds. I hope that that has answered all noble Lords’ questions.
The Minister has been enormously helpful in answering the questions, but she did not touch on the question of whether a decision to use this route would be justiciable. She may not be able to answer that, but I assume that it would be.
The Minister mentioned the case of Covid and the mortuaries. As I understand it, this system can be used only where the Crown owns the land, so if it does not own the land, it will have to buy it before it can use this SI. If something is urgent but the Crown does not own the land on which the building is needed, I wonder whether the CPO will hold things up, or whether that can be part of a streamlined process.
(1 week, 6 days ago)
Lords ChamberTo ask His Majesty’s Government what progress has been made on the remediation of high-rise buildings with safety defects.
My Lords, before I answer the noble Lord’s question, I pay tribute to all the campaigners and survivors of Grenfell who have moved this along, following seven years when little progress was made. Now, over half of 18 metre-plus buildings identified with unsafe cladding have started or completed remediation. On 2 December last year the Deputy Prime Minister announced the remediation acceleration plan, which sets out key measures to get buildings with unsafe cladding fixed faster, identify remaining buildings still at risk and ensure that residents are supported through the remediation process. This Government have been clear about our intention to deliver remediation faster, with more action from freeholders and developers.
My Lords, I am grateful for that Answer. Since this Question was tabled, the Public Accounts Committee in another place has published a further progress report on remediation that is highly critical of this Government and indeed the last one. It points out that, of the 5,000 buildings known to the Minister’s department to require treatment, work has started on half, and that 3 million people are living in unsafe buildings, are unable to sell their flats and face exorbitant insurance claims. It also points out that the contract with developers did not require them to remedy all the safety defects. In the meantime, not a penny has been paid by the manufacturers of unsafe cladding. The PAC says that the date of 2029, by which all treatment should have been completed, is unrealistic. Surely we can do better than this.
The noble Lord is right to say that we can do better, which is why we have introduced the remediation acceleration plan. The plan’s targets provide greater certainty to residents, a significant acceleration in pace and much greater certainty about when cladding remediation will be resolved. We have never had targets like these before. This Government have put in place a plan to deliver; it is now up to those responsible for making their buildings safe to do so. The plan has been criticised by campaigners for not being ambitious enough and by industry for being too ambitious and unachievable. All plans like this must strike a balance; we believe this plan gets the right balance and is ambitious but also achievable.
(3 weeks, 6 days ago)
Lords ChamberMy Lords, I extend my appreciation to my noble friend for all the work that she does in this area. She speaks with great experience, skills and depth of knowledge.
I do not want to pre-empt the upcoming spending review by making any commitments to expansion, but I recognise that other places want to join the plan for neighbourhoods—this was raised also by several Members in the other place. While I cannot make any commitments, the Government welcome correspondence from interested parties. We have taken inspiration from the new deal for communities, the work of John Prescott that my noble friend was talking about, which provided the stability of long-term funding, backed by the support of central government. We have learned what has worked well in the past and are utilising that same methodology.
My Lords, like other noble Lords, I welcome the Statement, which builds on initiatives from previous Administrations. The noble Baroness, Lady Armstrong, referred to her pioneering work at the beginning of this century. Going back even further, I was a Minister in the Department of the Environment in the 1980s. We had inner-city partnerships, where the Government provided two-thirds of the money and the local authority one third. We funded a range of projects exactly the same as the projects that are hoped for under this programme.
I can see a range of bids coming to the neighbourhood boards. The noble Baroness, Lady Pinnock, mentioned improved recreation facilities. Looking through the Statement in the other place, I see there were demands for community shops. People may want to rescue a theatre. However, the first priority listed in the Statement is the modernisation of social housing. I am all in favour of social housing being modernised, but there is a mainstream programme to do that. To what extent will the smaller projects that I have been referring to and which the programme is aimed at be swamped by the modernisation of social housing? Is that really one of the objectives, or is that put in to patch up a deficiency in another mainstream government programme?
My Lords, the noble Lord makes a very interesting point. My only answer at this time is that, of course, as a country, we want to see the modernisation of social housing. The Deputy Prime Minister has announced that 1.5 million houses are to be built in this Parliament, and that is still the ambition, but the specifics of what the money can be spent on are entirely up to the local regeneration neighbourhood board—the people. They need to look at what the priorities are for their area and work out how they can put this £2 million a year into various projects. If that means putting some money into modernising housing, it is a decision for them to reflect upon. As central government, we have our focus and manifesto commitments on housing overall, but whatever is needed in the local area is for the board to deliberate and decide upon.
(1 month, 1 week ago)
Lords ChamberI thank my noble friend for his question. Of course, I am always happy to meet with trade union colleagues, particularly on important issues such as this. I thank him too for his reminder of the information in that UNISON report. Many of the issues raised in it are being tackled in the Renters’ Rights Bill, and in the leasehold and commonhold reform Bill which we will be bringing forward later in the year. On the right to buy, we have already taken significant steps to make sure that the funds from the sale of social housing go back to those councils to enable them to build more social housing.
My Lords, further to the Question from the noble Baroness, Lady Grender, rents in the private sector are rising because supply is falling as many smaller landlords decide to sell up. While there is much of value in the Renters’ Rights Bill, there is nothing in it to increase supply, which is what tenants want. Will the Minister turbocharge the discussions between her department, the Treasury and the pension funds and insurance companies in order to get serious, long-term institutional finance into good quality accommodation for rent and to redress the imbalance between supply and demand?
I thank the noble Lord for his question and for all his expertise on this subject. A few weeks ago, I attended an investors’ summit in the City of London where there was great enthusiasm about investment in the housing market. We welcome those institutional investors and recognise the crucial role that the build-to-rent sector in particular is playing in building those 1.5 million homes. Last year, we announced a £700 million extension to the home building fund to support housebuilders and to catalyse that institutional investment. This should support the construction of 12,000 more homes, including build-to-rent. We also announced a £3 billion guarantee for SME and build-to-rent housebuilders through the reopening of guarantee schemes, which should deliver the construction of around 20,000 new homes.
(2 months ago)
Lords ChamberMy Lords, we all know that there are problems caused by outdated valuations and the regressive nature of council tax. However, a widescale reform of the system would be time-consuming and complex, and we are committed to keeping tax on working people as low as possible. The Government will carefully consider the impact on councils and taxpayers before taking any further decisions on council tax.
My Lords, the last time we discussed this, on 19 November, the noble Baroness also said in response:
“We all know that problems are caused by outdated valuations and the regressive nature of council tax”.—[Official Report, 19/11/24; col. 118.]
So why are the Government so reluctant to act?
If there were to be a revaluation, there would be winners and losers. This is one of those issues where whatever we did would cause further problems in the system. It is a widely understood tax and there are high levels of collection. However, the Government are taking part in the fair funding review—we have issued a consultation on that—to make sure we level up the playing field for local authority funding, so that areas which need the money most get the most money.
(2 months, 1 week ago)
Lords ChamberThe noble Lord makes a very important point about working on a consensus, which is why we have launched the major consultation on how we should take this forward. In addition, our English Devolution White Paper, which we published in December, sets out our plans to reset that balance between central and local government. That includes both funding and powers, and it is a new framework for English devolution that attempts to move power out of Westminster and back to those who know their areas best. That is the whole purpose of the devolution agreement. We want to see that done on the basis of it coming from the local areas upwards. We are committed to fixing those foundations, and we will do that with the people in our local areas and not to them.
My Lords, on that devolution framework that the noble Baroness just referred to, the Minister in the other place said:
“That is why we are moving power out of Westminster and putting it back into the hands of those who know their area best”.—[Official Report, Commons, 16/12/24; col. 36.]
But power involving money was not devolved, leaving local authorities, as the noble Lord, Lord Whitty, said, dependent on a council tax which is regressive and 30 years out of date and business rates which are killing the hospitality and retail industries. Do we not need a much more fundamental review than the one the Minister just referred to?
The English Devolution White Paper sits at the heart of the reform we want, and that will involve both funding and money. I understand the pressure for urgent reform of council tax, but we have to be committed to keeping taxes on working people as low as possible. It is for local authorities to decide where they set their council tax. The Government will consider longer-term options to improve council tax billing and all those things, but council tax is a well-understood tax and it has very high collection rates. In terms of business rates, we published a discussion paper, Transforming Business Rates, which set out the priority areas for reform. We have had very good engagement on that and we will publish our update in due course.
(3 months ago)
Lords ChamberI agree with the noble Baroness that the terms “affordable housing” and “social housing” have sometimes been conflated, with unfortunate consequences. To make clear the priority that we attach to delivering homes for social rent, we are amending the definition of affordable housing. It will be carved out as a separate category, distinct from social housing for rent. I hope that that gives the noble Baroness a sign of our intention. We will expect local authorities to assess the need in their areas, including in all the categories that she mentioned, and to make provision to meet that need in their local plans.
Has the Minister seen reports that more than 17,000 affordable homes have been made available by developers under Section 106, but no single housing association has been able to take them up? Against that background, would it not make sense for the developers to sell those homes to first-time buyers and discharge their Section 106 obligation by making a financial contribution to the local authority, which could then build some social houses?
It is possible for builders to change the provision if they need to, but that has to be in exceptional circumstances, because the need for social housing is so acute. The Government have set up a new clearing service for those Section 106 homes via Homes England. That was launched on 12 December, and we hope that it will enable us to match up registered providers with the social homes available under Section 106.
(3 months, 2 weeks ago)
Lords ChamberMy Lords, the Government’s aim in the delivery of the 1.5 million homes is to deliver good quality, well-designed, sustainable homes and places that everyone can be proud of. I have already met both the TCPA and the National Housing Federation, which have been campaigning on this. I am very aware of some of the poor practice that has occurred, and we will continue to advocate for the principles of good design, as set out in the National Design Guide and the National Model Design Code. As I say, we keep permitted development under review.
My Lords, it must make sense to use redundant buildings to provide good-quality accommodation for those in need, but is there not a loophole in the current fire safety regulations? These apply when a commercial building is converted into flats but not when industrial buildings or storage units are. Should we not use the Renters’ Rights Bill to close this loophole?
My Lords, the Planning Gateway One fire safety requirements apply to applications for planning permission for relevant buildings. To apply some of the principles to permitted development, there was a prior approval on fire safety impacts in 2021 that applies to class MA: commercial, business and services to residential. It is not, however, as detailed as the requirements for a planning application. For example, it does not require the completion of a fire safety form. We need to continue to look at these issues and to make sure that permitted development is completely safe from fire.
(3 months, 2 weeks ago)
Lords ChamberI thank the noble Lord for his question. We have an Oral Question on exactly the same topic tomorrow, when I am sure I will be able to give a fuller answer.
The noble Lord is quite right. As I come from a new town, I recognise the benefit of not just designing the homes but planning the areas where they are to be situated. They should, of course, be sustainable, healthy and have all the infrastructure that everybody needs. The Government are committed to taking steps to ensure that we not only build more homes but that they are high quality, well designed and sustainable. That is why we have made changes to the NPPF to make clear the importance of achieving well-designed places, and how this can be achieved holistically through local design policies, design codes and guidance. We will be pushing this forward further in the new year.
My Lords, I agree with the noble Baroness, Lady Pinnock, that there is much in the Statement to be welcomed. It is right that the Government should have a target of 1.5 million, although it is an ambitious one. If any Government are to hit a national target, they must have the levers through setting mandatory targets for local authorities. This was my Government’s policy until 2022. Of course, I take the point made by the noble Lord, Lord Jamieson, that these targets must be right. I welcome the recognition that, without some erosion of the green belt, we are not going to get anywhere near the target.
Where I have some difficulty with the Statement is reading it in conjunction with the plans for devolution. Under the Statement which the noble Baroness has repeated, the basic unit is the local plan, and all the districts have to get ahead with theirs. Under the devolution White Paper, they must find partners—other districts—in order to reach the 500,000 target; then, presumably, there will have to be a new district plan for that. At the same time, the Government want to impose mayors everywhere. We read on page 48 that the mayors will be responsible for strategic planning and housing growth. Later on, it says that mayors will have
“an increasingly central role in housing delivery.”
Then, of course, the mayor can set up a development corporation and override the objections of any district. On top of this, the Government can set up a new town corporation. It is not absolutely clear to me how all the moving parts of the planning system fit together.
There are clear links between the new National Planning Policy Framework and the English devolution programme. The English Devolution White Paper, which was published yesterday, is a consultation document, and we will be taking views on it as time goes on. The noble Lord, Lord Young, is right to say that there is a proposal in that White Paper for mayors to have strategic spatial planning powers. Across those sub-regional areas—we are talking about areas with a population of around 1.5 million—they will be looking at transport, infra- structure, probably housing numbers across the whole area, and other issues that are strategic in nature.
I do not believe that this undermines in any way the status of local plans. Where there is local government reorganisation, there will be some consolidation of plans to make this work at the level of the new councils. The strength of the local plan will be retained in determining where the allocations in the strategic spatial plan will be located. I do not think the intention of spatial planning is to undermine local plans. I remember the days of regional planning; we are not going back to that, because people felt it was too big a scale. It makes a lot of sense to do this at sub-regional level. When planning an economy, infrastructure and housing growth, you start at sub-regional level and then the local plans fit in with that.
(3 months, 3 weeks ago)
Lords ChamberMy Lords, I recognise how important the right housing arrangements are in supporting people to live independently and well. The Government will set out details of new investment to succeed the 2021 to 2026 affordable homes programme at the spending review. The National Planning Policy Framework outlines that local authorities should assess the housing needs of different groups, including older people, and reflect this in their local plans. We have strengthened the National Planning Policy Framework to encourage the delivery of mixed-tenure development. For most of those looking to downsize, the stamp duty due on the new property will be small. Stamp duty is an important source of revenue to provide essential services, and the Government have no further plans for relief for those looking to downsize.
My Lords, further to the Question from the noble Lord, Lord Best, and the Minister’s reply, the task force published its report two weeks ago, before the Government published their National Planning Policy Framework, and, despite what he says, that policy framework does not reflect the major recommendations of the task force. Will the Government publish a detailed response to all the recommendations of the task force, and will they implement some of the recommendations in the forthcoming planning Bill?
My Lords, we consulted on reforms to the National Planning Policy Framework and published our response on 12 December. We are determined to create a more diverse housing market that delivers homes to meet a range of needs. On the noble Lord’s particular point, we will respond to all 44 recommendations of the task force. However, my honourable friend in the other House, Matthew Pennycook, will look at this in the wider housing strategy.