Planning (North East Lincolnshire)

Andrew Percy Excerpts

Tuesday 29th April 2014 Westminster Hall

[Martin Vickers (Cleethorpes) (Con)]

As always, it is a pleasure to serve under your chairmanship, Mr Hollobone.

I will focus on the inability of North East Lincolnshire council, as the local planning authority, to protect the best interests of local residents and to allow communities to influence major planning issues in their own areas. Although I acknowledge that it is not possible to separate local decision making from the role of central Government because of national guidance, I aim to highlight the fact that, because the council will not have an approved local plan until November 2017, it will be almost impossible to defend decisions made in line with local opinion. I also want to ask the Minister to consider intervening—if not now, certainly at some time at the future—to protect my constituents from unwanted, unloved developments that have the potential to destroy the environment and change many of the villages that make up the rural part of my constituency for ever.

It will help if I sketch out a picture of my constituency. The town and resort of Cleethorpes is part of the urban area of Grimsby and Cleethorpes, and only locals know where the boundary between the two lies. Roads such as Park street and Clee road have one side in Grimsby and the other in Cleethorpes. The villages that form the suburbs of Grimsby and Cleethorpes have distinct identities. In the past, when regional spatial strategies were in place, things were complicated by the fact that many suburbs were not just in a different council jurisdiction but in a different region. People will accept new developments and there is a need for more housing, but unless councils have proper policies in place, developments will take place in a haphazard fashion and will not be part of a proper structure.

My constituency is served by two unitary authorities, Conservative-controlled North Lincolnshire and Labour-controlled North East Lincolnshire. Around three quarters of the constituency is in North East Lincolnshire, and I wish to focus on that area today. In recent months, the council has had to determine a number of applications, particularly in the Humberston and New Waltham ward, but villages in the Waltham ward and the Wolds ward are now also being affected.

As we know, local plans are the rock on which local authorities build their planning policies and are subject to intense scrutiny by local people, acting both as individuals and collectively, through residents associations and, importantly, through parish councils. Without an up-to-date plan, a council is unable to direct developments to preferred sites that have been the subject of extensive local consultation.

In recent months, North East Lincolnshire council’s failings have been highlighted by the planning inspector who heard the appeal into the proposal by Keystone Developments. The inspector published an extremely critical report, highlighting the council’s many failings. The inspector’s report to the Secretary of State stated, in paragraph 5.1:

“The Council is not able to demonstrate a 5 year supply of housing land…locally-derived figures require 410 houses per year for the period 2011-2017, and 520 houses per year thereafter… The Council has not succeeded in delivering 410 houses in any recent year… The implication of this is that the first part of LP Policy GEN2 has to be treated as out of date”.

When local plans are out of date, there is a presumption in favour of development.

The report points to the council’s failure to meet its statutory duty to identify a five-year supply of land for residential development. Failure to meet that requirement means that local people suffer. Of course, identifying such land can be controversial and there will always be objections—those of us who have served as local councillors know that there are serial objectors who will oppose anything and everything—but the overwhelming number of people will accept decisions when they have seen a transparent process and have been able to have their say through their elected representatives and as individuals.

[Andrew Percy (Brigg and Goole) (Con)]

I pay tribute to my hon. Friend for his excellent work on behalf of his constituents in Cleethorpes. I know that the electorate there appreciates it, and as his constituency neighbour, I hear positive things from residents. Will he draw out once more the comparison between the two unitary authorities? The situation that he is demanding is what happens in the parts of his constituency and mine that are under North Lincolnshire council—the local authority has clear plans in place and is prepared to stand up for residents and to go to appeal and defend them in such cases. Often, it does so in the teeth of opposition from Labour councils, which then accuse the council of wasting money because it is standing up for people. There is a real contrast in our area between the appalling situation under North East Lincolnshire council and what happens under North Lincolnshire council, where residents are at the centre of planning policy.

[Martin Vickers]

My hon. Friend highlights something that is apparent. As I mentioned earlier, two wards of North Lincolnshire council are in my constituency. Under the leadership of Councillor Liz Redfern, that council is robust and determined in its planning policies and, as my hon. Friend points out, prepared to defend the interests of local communities. It is able to do so because it has a robust local plan and is proceeding well with its new plan.

When the Department for Communities and Local Government was required to confirm the inspector’s findings, there was no possible reason for it to overturn the decision. Indeed, the letter sent by the Department to confirm the inspector’s decision said in point 6:

“The current Local Development Scheme states that the new Local Plan is due to be adopted in 2015. As the new Local Plan is still in the early stage of preparation, the Secretary of State attaches little weight to it in the determination of this appeal.”

I draw to the Minister’s attention the fact that a report approved by North East Lincolnshire council’s cabinet on 31 March shows that the amended date for final adoption of the new local plan has slipped further, to November 2017. For a further three and a half years, my constituents will be left high and dry by their local authority and will be unable to protect the environment or identities of their local communities.

I return to the Department’s letter, which in paragraph 7 states:

“The Council accepts that it does not have a five year housing land supply, and as a consequence, LP policies relevant to the supply of housing should not be considered up-to-date”.

As the inspector’s report notes in paragraph 11.2,

“where relevant policies are out of date, then (unless material considerations indicate otherwise) planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole, or specific policies in the Framework indicate development should be restricted.”

Again, that makes it clear that, without approved policies, the council is letting down the people it should be representing.

The council further weakened the defence of its original decision to refuse permission for the development by Keystone because, as noted in paragraph 12 of the Department’s letter, it had already accepted the developer’s offer of a financial contribution to mitigate highway congestion. That paragraph states:

“The Secretary of State notes that the Highway Authority has confirmed that the proposed financial contribution would enable it to satisfactorily mitigate the increased congestion that the construction of the new dwellings would otherwise cause. He therefore agrees with the Inspector that there would be no adverse impact in this respect to weigh against the proposal”.

In its overall conclusions, the letter from the DCLG states:

“Parties are agreed that the local planning authority does not have a 5 year supply of housing and, in accordance with paragraph 215 of the Framework, the Secretary of State concludes that full weight can no longer be given to the relevant housing supply policies of the development plan.”

I return to the inspector’s conclusions, beginning at paragraph 11.7, which states:

“The Council has consistently viewed the regeneration of the district’s urban areas as one of its priorities, and to this end has identified a number of previously developed (‘brownfield’) sites in urban areas, many of which are presently occupied by old or unwanted buildings which contribute little or nothing to the surrounding area.”

At this point, I should mention that the former Bird’s Eye factory site in Ladysmith road is the one site that is always drawn to my attention as being in urgent need of redevelopment.

The paragraph continues:

“Some of these sites were allocated for residential development in the current Local Plan, and some have been granted planning permission for housing. That is consistent with the NPPF’s approach of encouraging the effective use of such land, but as is evident from the number of them which have the benefit of an allocation and/or planning permission yet still remain undeveloped, provides no guarantee that housing will actually be delivered on those sites.”

Paragraph 11.8 states:

“In the circumstances, I can understand the Council’s concern to ensure that nothing should discourage the re-development of these urban brownfield sites, but am not persuaded by its argument that permitting the residential development of the appeal site would necessarily have that unwanted effect. I have not been provided with any substantive evidence that the delivery of housing on greenfield sites prejudices the delivery of housing on brownfield sites. The Council contends that the situation speaks for itself, but it seems to me that it would be over-simplistic to assume that a housebuilder would always choose a greenfield site over a brownfield site. Much will depend on the specific circumstances of each site, and the capabilities, preferences and financial arrangements of each developer. Some may favour a greenfield site, to avoid the need to demolish existing unwanted buildings: some may favour a brownfield site, to avoid the need to lay electric, gas, water and sewage connections.”

Paragraph 11.9 states:

“Further, in the context of the acknowledged shortfall in the district’s housing provision, I see no reason why housing permitted on greenfield sites in order to redress that shortfall should in any way affect the housing on brownfield sites that has already been assessed by the Council as deliverable within the next 5 years. There is no indication that the assessment of deliverability was based on the premise that no other housing sites would come forward.”

Paragraph 11.10 says:

“As to the brownfield sites assessed by the Council as not being capable of delivering housing within the next 5 years, again I see no reason to suppose that situation would alter as a result of the residential development of the appeal site. The deliverability of such sites is far more likely to be affected by the market conditions and housing need that exist five years hence. The Council does not seek to argue that it would be right to countenance an under-provision of housing for the district, in the hope that such under-provision would incentivise the earlier regeneration of these sites. There is no evidence at all that such an approach might work, and it would in any event conflict with the NPPF’s clear objective ‘to boost significantly the supply of housing’ by requiring Councils to make provision for a five-year supply of deliverable housing sites.”

Paragraph 11.11 states:

“Taking all of this into account, I find no convincing evidence to support the Council’s assertion that there must be a connection between the non-delivery of a large number of brownfield sites and the continued coming forward of greenfield sites. That being the case, I attach only very limited weight to the possibility that permitting the residential development of the appeal site would discourage the regeneration of brownfield sites”

in the district.

Paragraph 11.12 says:

“As discussed above, the fact that the Council cannot demonstrate a five-year supply of deliverable housing sites means that by operation of paragraph 49 of the NPPF, relevant policies for the supply of housing should not be considered up-to-date.”

I stress that those are the words of an inspector, not a partisan politician. Clearly, the construction of 400 new homes will have a considerable impact on the demand for local public services, and as we are aware, those are always under pressure. The proposals provide some additional funding for primary schools, but the local senior school is an academy, and as the chairman of governors, who attended my surgery earlier this month, drew to my attention, it therefore does not qualify for funding through a section 106 agreement. Perhaps the Minister could indicate whether that is a matter for his Department or for the Department for Education and whether consideration is being given to reconsidering that apparent anomaly.

I was a local councillor in North East Lincolnshire for 26 years, and I recognise the difficulties that the council has in attracting high-quality recruits to specialist areas such as planning. It has relied too much in recent years on interim appointments and the situation needs to be resolved as soon as possible. If overdevelopment in Humberston, New Waltham, Waltham, Laceby and the other lovely villages in north-east Lincolnshire continues, it will totally change the character and nature of those villages. My constituents value their local environment and identity, and they do not want to be merged into one urban mass. I hope that the Minister will agree to meet me in the near future to discuss the problems specifically in north-east Lincolnshire.