Neighbourhood Planning Bill

Anne Main Excerpts

Ping Pong: House of Commons
Tuesday 28th March 2017 Commons Chamber

[Gavin Barwell]

That has got to be one of the kindest invitations that I have received so far in my ministerial career. I have already given an undertaking and I very much look forward to visiting the hon. Gentleman’s constituency. I am trying to combine it with an event in the Sheffield city region, looking at housing. The hon. Gentleman served on the Public Bill Committee and he is a passionate advocate of neighbourhood planning. I know that he has worked hard in own constituency to encourage neighbourhood planning. I am very much looking forward to meeting some of the community groups with him. Members of my private office are in the Box and will have heard that commitment. I hope that we can get the hon. Gentleman a date as soon as possible—with or without the benefit of a visit to a local pub.

At the same time as making these changes, we also want to protect local planning authorities from any compensation liability arising from the removal of national permitted development rights. We will do this by amending the compensation regulations to limit to 12 months the period of any potential liability on local planning authorities when the rights are removed.

Let me now take the opportunity to update hon. Members on the outcome of the debate in the other place in respect of the permitted development right for the change of use from office to residential. This was an issue debated at some length in Committee, and I know that there are differences of opinion in the House. Hon. Members will know that the permitted development right is making an important contribution to housing delivery, with over 12,800 homes delivered—thanks to this right—in the year ending March 2016. The Government have always recognised that in certain areas there have been concerns about the local impact of this right, so we have outlined an approach that provides flexibility for those areas that are meeting their housing requirements to have a greater say over where the permitted development right for the change of use from office to residential should apply.

For those areas that are delivering 100% or more of their housing requirement—the figure identified in their local plan—that can continue to do so after removal of the right, and that are able to demonstrate that it is necessary to remove the right to protect the amenity and wellbeing of their area, the Secretary of State will not seek to limit article 4 directions applying to that area. We intend to publish the first housing delivery test data in November. For those who are not familiar with it, this was one of the key reforms set out in the housing White Paper. We will now hold local authorities to account not just for producing a glossy plan, but for delivering the houses set out in the plan on an annual basis. This will indicate to local authorities in November whether this additional article 4 flexibility would apply to directions brought forward after that date. For those interested in further information about this change, it can be found in House of Lords Library in a letter from my ministerial colleague Lord Bourne, dated 18 March. We shall provide detailed guidance before November.

We are making a further change by bringing forward regulation to enable local planning authorities to charge planning application fees when permitted development rights have been removed by an article 4 direction. This recognises the resource commitments in those areas that have removed the permitted development right for sound policy reasons. The Government’s position remains that although the permitted development right makes an important contribution to delivering the homes that we desperately need, we have with these two small changes demonstrated a degree of flexibility to allow those local authorities that are delivering the homes that are needed in their area to apply an article 4 direction if they wish, and then to be able to charge planning application fees in the relevant areas.

[Mrs Anne Main (St Albans) (Con)]

St Albans has lost 157,000 square feet of office space recently, a lot of that because demand in St Albans is so high. Does the Minister share my concern that this may provide a perverse incentive not to deliver on housing? If the area does not mind losing office space—I am not saying that this is the case—it seems a quick and easy win to allow offices to shrivel on the vine. I am very concerned to ensure that that does not happen in St Albans.

[Gavin Barwell]

I think my hon. Friend shares my concern that we need to ensure that St Albans gets an up-to-date local plan in place as quickly as possible to provide the housing that is so desperately needed in that part of the world. My hon. Friend has spoken to me about it several times, and I know that other Members who represent the local authority area share her concern. We need to avoid perverse incentives, and my reassurance to my hon. Friend is that the Government will be doing plenty of other things to make sure that local authorities deliver the housing that is required in their areas. Where people have legitimate concerns about the impact of permitted development rights on the level of office space in their area—my hon. Friend is clearly one of them—provided that the council is delivering the required housing, we want to allow some flexibility. I know that she will work closely with me to try to make sure that St Albans makes progress on that issue.

To conclude, and returning to planning for pubs, I hope that hon. Members will accept the assurances I have given today—indeed, that seems to be the case—and agree that we have reflected the will of Parliament. I have met the hon. Member for Leeds North West (Greg Mulholland) who is in his place, and my hon. Friend the Member for Bristol North West (Charlotte Leslie), who is not in her place but who has lobbied me extensively on this issue. Indeed, Members of both Houses have spoken with great passion about the need to allow for local consideration of the change of use or demolition of all pubs. Our amendments in lieu set out how we will ensure the successful delivery of these changes, and I can commit today to laying the secondary regulation by July—essentially as soon as we can after the Bill hopefully receives Royal Assent. On that basis, I hope that all hon. Members will support this amendment.

--- Later in debate ---

[Toby Perkins]

I could not agree more; it meant that different authorities with different priorities brought forward measures at different times, and some of them never regarded this as a priority, even though they might have had sympathy with the intentions of the legislation. What this measure does is ensure that, rather than local authorities having in effect to use legislation for an entirely different purpose than intended and place blanket conditions on all their pubs, there is a simple and clear method whereby developers will know that, quite simply, if they want to make a change to the use of a pub, they will have to get planning permission.

We know that pubs will open and pubs will close, and this Bill will ensure that all the evidence is considered before such decisions are made. As I have said, it is sensible of the Government to create the new A3/A4 mixed use class, and I am glad they have made it clear that it is their intention that the mixed use class should enjoy the same protections as the A3 and A4 classes.

I would be interested to hear the Minister’s response to the question of what might happen until the Bill is passed. He has set out the Government’s wish to have secondary legislation in place by July, which is a sensible timescale. However, there is a worry that this is going to lead to a rush of businesses or developers buying pubs and levelling them before the regulations are in place, so everyone must take all the steps they can to prevent a rush of conversions or demolitions. I shall be interested to hear the Minister suggest steps that the Government or local authorities and communities may take to prevent that from coming to pass.

I am very pleased to have been able to take a few moments to reflect on the value of the 48,000 British pubs to our communities. When visitors come to the United Kingdom, one of the first things they want to do is have their first pint in a British pub. The British pub is a tremendously important asset to our country, and I will be very pleased to welcome the Government’s adoption of this amendment. I am pleased that this important step will be taken to help communities save and preserve the great British pub for many, many years to come.

[Mrs Main]

It is a delight to speak at this point in the debate, because I want to say to the Minister that the whole point of the other place is to make us think again, and he has thought again and he has listened. This is a wonderful solution that will protect areas such as mine.

I have the most beautiful constituency, and it is rumoured that I have the most pubs per square mile, although other areas dispute that. St Albans is an historical pilgrimage city and a coaching town, and we have pubs on just about every corner—if you can’t find a pub in St Albans, you’re not trying.

We have many historical pubs that have found it incredibly difficult to make their living in today’s hard times. I went to see the Chancellor about the effect of business rates on pubs. I am hugely glad that he listened, because many of the pubs in my constituency are incredibly small—almost the size of people’s front rooms—as they came along in a different era, and many are listed as well, which adds another dimension to the problem of making them viable. The owner of The Boot pub spent five years working with the planning system to try to get various alterations to his kitchen, because the pub’s listing made it very difficult for him to get that work done. I therefore welcome enormously anything that can make our pubs more viable and give them a sounder footing for the future.

The headquarters of CAMRA is in Hatfield road in St Albans, and it has been wonderful in this matter. I pay tribute to CAMRA and all those who have worked with it to ensure that the Minister listened to the thoughts expressed in the Lords and the representations of Members of Parliament, and came up with a solution that is pragmatic and elegant, as I think the hon. Member for Bassetlaw (John Mann) described it. It now builds on the intentions expressed in the Lords, which is hugely important.

May I point out to any Members who have not visited my constituency that we are having a big tourism week from 31 March? One of my jobs that day will be to visit Ye Olde Fighting Cocks, an immensely historical pub. It is one of the pubs that claims to be the oldest pub, and they all contribute to the tourism offering. Not knowing that this elegant solution was going to come through today—which I am pleased to welcome and support—I wanted to make sure I went along and gave all my support to my pubs, which contribute enormously to our tourism offering. One of the pubs in St Albans, the White Hart immediately opposite the entrance to the cathedral, featured on “Most Haunted Live!”; another part of our tourism offering is that we have a very good ghost run, as St Albans is so historical.

I encourage people to go and visit their pubs. As the hon. Member for Chesterfield (Toby Perkins) said, they are so much more than a place to buy a particular beer; they offer a huge historical pattern, and if they were removed it would in some regards be the death of my constituency. I can honestly say that people come to my constituency and say they cannot get over what a marvellous impression the pubs give, and I pay tribute to the many operating in St Albans to the highest possible standards.

I also want to make a few comments on what the Minister said about the permitted development rights on office space. I am concerned that we are losing so much office space. In an area such as mine, where the average house price is £550,000, there is nothing more lucrative than turning pubs—which we are now protecting—and offices into housing, and there was a rush to do so under the permitted development rights. I acknowledge that there were lots of areas of the country where offices were lying idle and it was difficult to convert them, but I do not have that problem in St Albans. We have lost 150,000 square feet of office space already, with another 50,000 or 60,000 square feet of office space in the offing to go, and businesses are telling me that they cannot find alternative premises. When businesses’ leases are running out, they find that they cannot have certainty about renewing them, and there is a worry that offices will disappear.

We in St Albans do have a lot of work being done online, and I also have a lot of small businesses, but AECOM in Victoria street has 70,000 square feet of office space with the lease coming up for renewal, and if such companies cannot secure an article 4 direction because they in any way become rationed, that will be a worry to me. I understand why the Minister says a local authority needs to show that it has its housing allocation sorted before it can put on an article 4 direction, but, sadly, we in St Albans, with a 1994 district plan, have the worst of all possible worlds: I do not have my housing allocation sorted and I have offices disappearing. When I addressed the chamber of commerce about two months ago, business after business told me that they would have to consider their future position in St Albans if this hollowing out and selling off of the family silver, as it were, continued.

I therefore make a plea to the Minister. In areas such as St Albans, the most lucrative thing anyone can ever do is close a business and make it into a house or a block of flats. I do not want to have a city that is devoid of the vibrancy of businesses or office space. I have made representations to the Minister about this before, and I thank him for listening about the pubs, and I thank the Chancellor for giving an additional £300 million to help support pubs, but I do not want my constituency to fall in the gap between the new thought processes under the article 4 direction and the permitted development rights removal on offices.

I welcome the new drift from the Government towards supporting pubs. Too often they have been seen as not important parts of our heritage, but they are vital to places such as St Albans. I am delighted that the Government have been listening all around—well done to the Minister for that.

[Greg Mulholland]

It is a pleasure to follow the hon. Member for St Albans (Mrs Main). She does indeed represent one of the great pub cities—I think it is a city, not a town. It is a wonderful area for pubs—I live in another one, in Otley in Yorkshire—and this is a wonderful piece of good news to have so near the beginning of English tourism week, when we will celebrate all that England has to offer, including our wonderful pubs. I believe I have visited every pub in the town centre of her constituency—she might like to test me later to see if that is indeed the case. I have certainly been to The Farriers Arms, where those wonderful pioneers set up CAMRA all those years ago. I have also had a pint with Roger Protz, a real hero, who has supported this campaign.

[Mrs Main]

I am aware that the hon. Gentleman’s party has found my constituency incredibly attractive and that its members have visited many of my pubs. I am sure that that was just in support of the pubs and the beer, and I am pleased that they visited none the less.

[Greg Mulholland]

I did not see the hon. Lady in any of the pubs when I visited, but I assure her that those visits were partly personal and partly due to the work of my all-party group. None of them were political or part of my work as an MP. However, it is great to have support from Government Members. Many Members on both sides of the House have campaigned and persuaded the Minister in this case.

--- Later in debate ---

[Jim McMahon]

That is an important point. In the debates on the Local Government Finance Bill and business rates revaluation, Labour was clear in pressing for the need to recognise properly the role and value of community pubs and how they are often affected by a range of taxation, whether that is duties, business rates or rises in national insurance contributions, or by the increase in the national living wage. All those will affect a pub’s viability. It is important that we have one review to look to protect pubs. In many places, quite often when a pub provides that essential community facility, it is the only facility left in the area. Perhaps the church, post office and butcher have closed, along with other facilities, so it may well be that the pub is the only place where the community can come together. Residents will be rightly fearful that the response so far does not go across the whole of Government and they will want to see a plan.

We heard an announcement about permitted development rights and the change from office use to residential. The Opposition have been forceful in our view that the extension of permitted development rights should be reversed. There have been some extremely inappropriate developments, often against local community interests and against what the local community says it wants for the area. Developers are often looking for short-term gain at the expense of a community’s long-term sustainability. Will the Minister look seriously at the genuine impact of the policy change? There is no doubt that it has increased the number of units brought to market, but I would question the quality of those units, not only in terms of their size—many of them are very small indeed—but in terms of the attention to detail, the finish and the quality of life for people who live in converted office accommodation. Developers will quite often squeeze as many units into a premises as possible, bypassing the planning regime that any residential development would have to follow. The loophole needs to be closed at some point.

[Mrs Main]

The other matter that I am concerned about in areas such as mine is the lack of outside amenity space associated with offices. Like London, there are many families with children living in flats in St Albans, and there is very limited access to family friendly facilities in city centres.

[Jim McMahon]

That is a very important point. We recognise that many town and city centres have suffered from a decline in office accommodation, but as those towns and cities look to the future and to regenerate their centres, they will want to know that they can have a basic level of office provision in a redeveloped town centre. It is essential for footfall, which then means support for a range of ancillary services such as coffee shops, sandwich shops and retail units as well.