Infrastructure Bill [Lords]
Debate between Alan Whitehead and Robert Neill(10 years ago)
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Robert Neill (Bromley and Chislehurst) (Con)
I hope that the hon. Member for Stoke-on-Trent North (Joan Walley) will forgive me if I do not pursue the points that she has raised, because I want to concentrate on part 4 of the Bill. It is an important Bill and, overall, one that I welcome; I shall be supporting it tonight. I shall concentrate on planning and related matters.
My first point relates to the arrangements for national infrastructure policy. I welcome the changes, which represent a logical development from what is currently in place and fit logically with the work that has already been done on the national planning policy framework. I should like to make a few observations. I have taken an interest in this area, both when I was a Minister in the Department for Communities and Local Government and subsequently. Professionals to whom I have spoken, including representatives of the National Infrastructure Planning Association and of the Compulsory Purchase Association, welcome the steps that the Government are taking in the Bill.
It is worth noting that development consent orders are a key element of the process, and it is valuable to tighten up the way in which they operate. There is a feeling, however, that we should be prepared to go still further in due course. I am not suggesting that that should be done in this Bill, but I hope that Ministers will bear in mind that, helpful though these changes are, there is a strong feeling among many professionals in the sector that they will not be a substitute for a comprehensive review of the operation of our compulsory purchase and land compensation legislation and its associated case law, and that such a review should be undertaken before too long.
Some of the legislation is fairly elderly by now and I hope that in the next Parliament we will take a comprehensive look at the way in which land compensation works. My right hon. Friend the Member for Arundel and South Downs (Nick Herbert) pointed out that other jurisdictions, such as France, deal with major infrastructure projects partly through quality of design and partly through much swifter and sometimes more generous land compensation arrangements when compulsory acquisitions are required. We may need to consider that in this country.
Clause 26 deals with planning conditions and deemed consents, which we discussed when I was a Minister. On balance, I support the proposed changes, which are necessary. It is worth taking a step back and remembering that planning conditions are an important part of the system. They are imposed essentially to make what might otherwise be unacceptable development acceptable, so they have a legitimate and proper role. The issue that arises here is not the legitimacy of the role, but the efficiency thereafter. There is a genuine issue that needs to be addressed.
Concern was flagged up as long ago as the Killian Pretty review of 2008 that one of the worst causes of delay is the post-consent process. There will come a time when conditions either have been complied with or are no longer necessary for various reasons and ought to be discharged. There is no reason, therefore, why speeding up the discharge of conditions should be a problem in terms of the principle of planning law. We need to make the process more efficient. Killian Pretty was clear about the problems that remained, and my right hon. Friend the Minister, in introducing the Bill, highlighted the fact that that remains a difficulty.
As well as looking at deemed consents imposed by the planning authority, we should pay particular attention to the situation where the planning authority has imposed a condition at the behest of a statutory consultee. It is sometimes difficult for planning authorities themselves, who may be caught between the devil and the deep blue sea—the legitimate desire of a developer to get on with important development. There are all too often delays by the statutory consultees in responding to the inquiries made of them. Part 1 happens to deal, in a different context, with one statutory consultee, but frequently the Highways Agency and the Environment Agency have been among the worst offenders in this regard, and local authorities are in a difficult position.
As well as doing what the Government are doing, which I support, I hope we might consider going further and deal with a situation where, in relation to applications, discharge of conditions and potentially also appeals, a statutory consultee fails to respond by the time limit. In such a case, why should there not be a provision deeming that the statutory consultee has no objection to the proposal involved? Such deemed assent by the statutory consultee would speed up the process and remove a pressure from the local planning authority that it cannot otherwise effectively control. Another mechanism that might be considered is some cost penalty against statutory consultees that delay the process.
During my time as Minister for the Thames gateway, I was repeatedly frustrated by the delay in getting decisions out of the Highways Authority about important aspects such as removing the tolling booths at the Dartford tunnel, when we were using technology that any Londoner had known about for many years, or the necessary improvements on the A13 between the DP World site, a nationally significant infrastructure site, and the Dartford crossing. I hope that whatever new arrangements we have for the highways company, as it is now to be, there will be a greater sense of the commercial imperative to speed up decisions.
I remember one important housing site, which everybody agreed was the right site for housing; an otherwise properly prepared and robust local plan by the planning authority for the area was suddenly thrown into disarray at the very last minute by the Environment Agency’s raising an issue about habitats, which ought to have been foreseen much earlier in the process. We need to put more pressure on statutory consultees not only to do their duty, but to do it properly and efficiently. I hope we might be able to strengthen the provisions of that part of the Bill.
I turn to two more technical areas, which are important. The first relates to easements, which I racked my brains about when doing planning law, but I eventually got to the bottom of it. These are particularly important in the context of London, so I speak now as a London Member of Parliament. Clause 28 makes changes to easements affecting land. The changes are good as far as they go. A particular problem arises in London, and I draw it to Ministers’ attention in the hope that we can address it in Committee. We all know that it is important that easements run with the land; that is a fundamental concept. I refer to the overriding powers of the Greater London authority, the Homes and Communities Agency and now mayoral development corporations, which I hope we may see replicated with joint authorities outside London. Allowing these bodies to benefit their successors in title will be hugely important for unblocking development, as is already the case in the capital.
Developers and specialist lawyers in the field have significant concerns that the law threatens development sites. That was an omission from the Housing and Regeneration Act 2008, which clause 28 is designed to tackle—and it does so, up to a point. However, it is not retrospective. Usually I am not a fan of retrospective legislation, but in London we have a specific issue. Some key development land, in particular land in the docklands area, was transferred from the London Development Agency in 2012. A lot of land around the Olympic park, the lower Lea valley, was part of the land for debt swap that some right hon. and hon. Members will remember.
As the Bill is drafted, that will not be covered so there will not be the legal certainty that successors in title will benefit when the land is sold on down the development chain. I hope the Minister will look specifically at the Mayor of London’s request that the Government delete subsections (11) and (12) of clause 28. That will enable it to operate retrospectively in relation to those areas of development land in London that had already been transferred, before the Bill becomes operative. It is a technical matter but a very important one, because it affects some of the most significant housing and commercial development land in our growing capital.
The final technical area to which I shall refer relates to clause 32 and the allowable solutions arrangements for offsite carbon abatement measures. Clause 32 is a sensible clause and very useful, as far as it goes. The principle of allowable solutions is a fair one because not every site will permit a mitigation measure onsite, so a degree of flexibility is sensible. However, there is an issue in relation to the geography. Again, it applies particularly to a large strategic planning authority, such as London. Unless there are some additional protections from London’s point of view, the Mayor of London and the Greater London authority are concerned that the scheme could see investment draining out of London, because it would be cheaper for developers to provide their offsite alternative solutions in areas of lower land value—in other words, outside the capital, rather than within it.
Robert Neill
I shall give way in a moment, when I have developed the point.
It is important that there is some means of making sure that the investment is captured within the capital. There is some evidence to support that. Unintended consequences have occurred under the energy companies obligation scheme, so that the capital has received proportionately less in funding than it should receive. For example, about 13% of the national share of housing is in the capital but in the first year of the ECO scheme London received only 6.4% of the spending. That system, once in place, could generate about £90 million per annum, so it is important that London gets a fair share of it.
Oral Answers to Questions
Debate between Alan Whitehead and Robert Neill
Robert Neill
I understand very well the concern that my hon. Friend raises and the importance of the issue, particularly for shire districts. He is right that we have consulted on that, and we are considering the results of that consultation. I have to ask him to be patient, because we will announce our proposals for the local government finance settlement in the usual manner in due course.
Dr Alan Whitehead (Southampton, Test) (Lab)
T2. What incentive does the Minister think cities such as Southampton will have, under the terms of the new homes bonus, to avoid losing millions of pounds of housing funding by having to build more homes each year than have been built in the city since the aftermath of the second world war, and on land that, because of the urban nature of such cities, does not actually exist?