National Planning Policy Framework

Andrew George Excerpts

Thursday 26th April 2012 Commons Chamber

[Stephen Mosley]

I have huge sympathy with my hon. Friend’s point of view. Green belts are there to prevent not only urban sprawl but the merging of neighbouring towns. They provide much-needed safeguards to protect the countryside from encroachment and indirectly assist in urban regeneration by encouraging the use of brownfield sites. The NPPF makes it clear that

“inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.”

[Andrew George (St Ives) (LD)]

I agree with everything the hon. Gentleman has said. On getting the balance right, which is part of his theme, of course developers have the right to appeal when they believe that a decision has been wrongly taken. Does he agree that it would be welcome if the Government were to consider whether, in certain circumstances, there might be an opportunity for a third-party right of appeal against developments causing concern within local communities?

[Stephen Mosley]

Of course they currently have a right of appeal, but it is via judicial review, which can be difficult and very expensive. Nevertheless, that right is there. I personally think we have the right balance now, but it is something we need to consider.

In addition to green belts, the fundamental importance that the framework places on all green spaces is extremely reassuring. I particularly welcome paragraphs 73 and 74, which enshrine in the planning system the intrinsic value of open spaces and playing fields. The document reads:

“Access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and well-being of communities.”

The commitment in the framework that all open spaces lost to development must be replaced by “equivalent or better provision” will be received warmly by everyone in this country, young and old, who recognises the importance of these spaces for our local communities.

Furthermore, the introduction in paragraphs 76 to 78 of the new local green space designations adds even greater weight to the importance of the local neighbourhood plans introduced under the Localism Act 2011. The NPPF is unequivocal in its defence of green spaces and will ensure they are there to be enjoyed for generations to come.

Representing a city steeped in history, I am obviously concerned to ensure that the importance of heritage is recognised in the planning system. Heritage should be seen not as a barrier to growth but as an intrinsic part of it.

--- Later in debate ---

[Mr Betts]

In the end, I am a committed localist. I believe in consultation and taking account of the wishes of local communities. All localists—not just Ministers—face a challenge: if the sum total of local decisions does not add up to the national requirements on issues such as climate change or the number of homes, what should the Government do about it?

[Andrew George]

The hon. Gentleman poses a very difficult question. He knows that it is almost intractable, and I know that Ministers have been wrestling with it—when his party was in government, as well as now. In Cornwall, for example, the housing stock has more than doubled in the last 40 years, yet the housing problems of local people have become significantly worse. It is not that the locals in that area are nimbys, as growth has been faster there than almost anywhere else in the country; the problem has been that it has been the wrong type of housing, which has not met housing need. We thus need the power of local people to determine the kind of housing that is necessary, not simply to meet a number target.

[Mr Betts]

I am sympathetic to the hon. Gentleman’s point. He has a long history of arguing for more of the right sort of housing for his community; I would not accuse him of nimbyism at all. There is, however, an issue for the Government to think about.

It is helpful that the Minister has kept in place the technical guidance about the assessment of housing need, so that there is a consistency up and down the country. It would also be helpful if he could write to hon. Members, and place his response in the Library, to explain exactly what technical guidance has been left in place to date, what his plans are to review it, in conjunction with various professional bodies and the Local Government Association, and what the time scale for the process will be. It was an important decision, as I say, to leave the technical guidance in place, and it would be helpful to know more about what is going on with respect to it.

Although the Government have not gone quite as far as the Select Committee wanted, I welcome the fact that local authorities will have to come forward yearly to show in their monitoring reports what they are doing about the important duty to co-operate. There will be challenges for authorities that cannot meet their housing need because of land constraints, as they will need neighbouring authorities to take house building on to meet housing needs. Without proper co-operation between those authorities and in the absence of the top-down targets from the regional spatial strategies, whose removal I know Government Members welcome, some areas are going to have real problems meeting housing needs in a constructive and co-ordinated way.

Ministers and Government Members need to accept that, however much they welcome the changes they have brought in, any change in the planning system will almost certainly lead to uncertainty and cause an initial slowdown in decision making. That is almost inevitable, so we should not be surprised if things do not go smoothly at first. Almost certainly, too, there will be unintended consequences from what they are putting forward. There will be misreading of the wording; inspectors will come to decisions on appeal that do not conform with the Minister’s aspirations; judicial reviews will reach different conclusions from those Ministers, local MPs or local councils might want. At some point, the Minister will have to put in place a review system and perhaps bring in some changes, simply to take account in practice of those sorts of issues. This is a technical issue, but it could be crucial to how the system works. In the end, how it works in practice rather than what it says on a piece of paper is what will count.

I welcome the idea of having transitional arrangements, and it is good that the Minister agreed them with the Local Government Association. That is very positive. Let us look at some of these transitional arrangements. For example:

“For 12 months from the day of publication, decision-takers may continue to give full weight to relevant policies adopted since 2004 even if there is a limited degree of conflict with this Framework.”

What does a “limited degree of conflict” mean? There is an awful lot of room for an awful lot of lawyers to argue about that and make quite a bit of money. In the next paragraph, it states that

“after this 12-month period, due weight should be given to relevant policies and existing plans according to their degree of consistency with this framework”.

What does “degree of consistency” with the framework mean? Ministers may think they know what it means, but lawyers may have a different view and two lawyers may have two different views, and that can lead to an awful lot of expense, delay and, perhaps, the wrong decisions.