Growth and Infrastructure Bill

Anne Main Excerpts

Tuesday 23rd April 2013 Commons Chamber

[Michael Fallon]

The local authorities would have to do that if a planning application were made in the normal way. Under the new relaxed procedure, the costs will be lower. As I have said, however, if it seems likely that there will be a significantly greater burden on local authorities, we will discuss that with them to ensure that it does not happen.

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

I am pleased that the Government have taken account of Back Benchers’ concern about neighbour notification. Does my right hon. Friend know how many authorities currently believe, or know, that they are operating with a deficit in terms of planning fees? My local authority believes that it subsidises planning, and that the fees recovered do not cover the planning service that is currently provided.

[Michael Fallon]

The object of the scheme is that we end up with fewer, not more, planning applications, and that should save local authorities some expense.

--- Later in debate ---

The proposal is worse than Beecroft and goes to the heart of what this ideologically driven Government are all about. They have no economic strategy, no plan other than austerity and unemployment, and the Minister thinks that the holy grail of economic growth is to make it easier to fire rather than hire. It smacks of a Chancellor who is out of ideas and out of touch. I urge the Minister and Government Members to do the right thing: agree with the Lords and dump this policy.

[Mrs Main]

I wish to speak to amendment 7B. I am delighted that the concerns about neighbour notification and the involvement of local people in decision making have been listened to. That was crucial for many Members of this House. However, I would still like to tease out answers on some of my concerns about amendment 7B.

St Albans, according to the Department for Communities and Local Government’s own figures, handles twice the number of planning applications as a normal planning authority. We are surrounded by green belt, thankfully, but are under direct pressure from many developments, including domestic developments. The fees collected do not cover the planning applications already being made, so we run a subsidy to the planning operations of St Albans district council.

I suggest that the fees for applications are quite modest. They form a very small part of a whole development. For example, they do not include architect fees, which can be substantial, or any of the other land searches that might be needed, for instance when tree protection orders are in place on a site. I do not believe that the fees are what deter people from making applications for a housing development, perhaps for a growing family. What I am concerned about is that we will now have what I call “planning-lite.”

The original amendment in the Lords, which was defeated there, suggested not involving planning officers, neighbour notification or any other work for the council whatsoever. The new amendment, which I welcome as an improvement on the old one, would bring the planning system into the permitted development rights decision-making process and, as a result, mean direct costs for many councils, particularly those, such as mine, that have a significant number of planning applications. I cannot see the savings. I would love to see some sort of spreadsheet showing how that cannot be a burden on the council, as it means taking those applications, because they are above the original permitted development rights figures, out of the current planning system, in which a fee is paid for examination and registration for neighbour notifications and perhaps even a site visit, and moving them so that the officer still does the same work but does not get any of the fee. I urge the Minister to monitor that situation, because in a heavily utilised planning department, such as the one in St Albans, I believe that this will have a negative impact on the council.

I am also concerned that we are effectively introducing a third planning system and that there might be pressure on neighbours not to object or to trigger the process. I can envisage developers going around and reassuring neighbours that a development will not be a problem, and the neighbours might feel reassured, but is money to be put into enforcement if the neighbours, when they see the edifice going up, are unhappy because what was described to them is not what is being delivered on their doorstep?

Those are details, but having served as chair of a planning committee and, like other Members, having a postbag filled with planning issues, I know that they are important details to reassure not only hon. Members in the House, but those of us who will face neighbours who say that they were not really aware what they could object to and that a developer had assured them that they had the permitted development rights. We will not be party to those conversations.

[Andrew Bingham]

Like my hon. Friend, I welcome this change. Does she share my concern that neighbours will need to be able not only to look at the plans, but to read and understand them?

[Mrs Main]

I do share that concern. Obviously, the detail is still very light. For example, will the plans be available on websites? Since councillors do not seem to be involved in the system, someone could potentially go around and advise someone who is not as savvy as hon. Members are on the implications of a structure for them in order to form an objection. There is a very active civic society in St Albans that takes a keen interest in planning. I am disappointed that no one other than an immediate neighbour can form an objection. The people who run the Watercress Wildlife Association in St Albans, for example, take a keen interest in the water run-off from further uphill. Will we have a domino effect of several applications on large permitted development rights that eventually start creating soggy gardens further downhill?

I know that that is all detail and that this is a short debate, and I do not wish to tire the House, but my main concern, if we are to move to the new “planning-lite”, is that we seem to have given additional responsibilities to councils but no additional resources. I urge the Minister to listen to the words of councils, which already feel that they subsidise the planning system. We also do not know whether there will be non-determination periods. I have no idea whether the permitted development right period of determination would be similar. What council would prioritise a determination that has no fees associated with it over a determination that has a determination period and a fee associated with it? Will we have two categories of decision making? That all needs to be teased out, and I look forward to the Minister giving guidelines that ensure that councils are consistent in their approach to those decisions and that it is not simply a question of whether someone happens to have a vocal neighbour who is savvy enough to interpret plans and make objections in the interests of the whole community rather than just in self-interest.

[Annette Brooke]

rose—

--- Later in debate ---

[Michael Fallon]

I will first address some of the points that have been made on the change to permitted days. It has been suggested that 21 days might be too short, but that is exactly the same as the equivalent period under the planning regime.

My hon. Friends the Members for St Albans (Mrs Main) and for Mid Dorset and North Poole (Annette Brooke) have suggested that neighbours further afield than those who adjoin might be denied the opportunity to object to something, but it is hard to understand why they would have stronger objections than those who live much closer. I therefore suggest that the focus of objection needs to be the impact on immediate neighbours.

[Mrs Main]

My hon. Friend the Member for Mid Dorset and North Poole and I have serious concerns that some people may feel unable to object because of their relationship with their neighbour. They may be disadvantaged, so another neighbour could object on their behalf.

[Michael Fallon]

I would hope that neighbours would talk to each other and discuss any proposed developments. They should not feel that they are not able to object. As I have said, it is hard to understand why those who live further away should have, or should be entitled to register, stronger objections than those who live next door to the property concerned.

My hon. Friend raised two other issues, the first of which was what would happen if the extension turned out to be larger than or different from the original proposal. Under the notification, the plans have to be deposited with and approved by the building control regime, which will exercise supervision in exactly the same way as it does for a normal planning application. It would also be able to require modifications to an extension that did not fit the original plans.

Secondly, my hon. Friend raised the issue of fees, which I addressed when I opened the debate. I repeat that if she turns out to be right about the actual cost to local authorities, we will, of course, discuss any concerns or new pressures on them with the Local Government Association in the normal way. Our position, however, is that there will be considerable savings as a result of a number of applications not going through the normal planning route.

Finally, on the employer shareholder clause, the hon. Member for Edinburgh South (Ian Murray) was a little cavalier in some of his arguments. First, he suggested that my noble friend Lord Deben opposed the clause, but he voted for it in a Division last night, so the hon. Gentleman was not accurate about that. Secondly, he suggested that people would be forced to give up their employment rights for what he called “worthless shares”, but they cannot be forced to surrender their employment rights unless those shares are worth at least £2,000. If they turn out to be worth less than £2,000, the employee shareholder would, of course, be fully entitled to be considered to have the rights that he or she previously had.