Levelling-up and Regeneration Bill

Baroness Andrews Excerpts

Committee stage
Thursday 20th April 2023 Lords Chamber

To conclude, I have two points. I ask the Minister for a reasoned justification for Clause 98, because I have not seen one. But I cannot entirely leave the matter there without noting that this is not the only instance in the Bill where the overriding of private property rights in the public interest, without proper safeguards, suggests an infringement of human rights legislation. I further understand that the Joint Committee on Human Rights has not commented on the Bill, which is why I have drawn some of the other instances, but not this particular one, to its attention. It does, however, cause me to further ask the Minister, in the light of my explanations, by what metric his noble colleague felt able to certify HR compliance of the Bill, which appears on its title page. I beg to move.

[Baroness Andrews (Lab)]

My Lords, this is an important group of amendments, and I have great pleasure in supporting them all. I have two amendments in my name, which reflect a particular interest that the Victorian Society has in the demolition of non-listed buildings. I am very grateful to the Victorian Society for marshalling support for these amendments. I would also say that these are amendments that sit the heart of the Levelling-Up and Regeneration Bill, and they follow present practice, to which I will draw attention. I am grateful to the noble Lords, Lord Shipley and Lord Carrington, for their stamina in being here to support these amendments. I will try to be brief.

My amendments address a serial, long-standing failure to protect the historic built environment that gives the ordinary places we live character, memory and beauty through familiar structures. Nationally protected buildings are, as we know, protected if they are listed. They are secured by law, but the demolition of most buildings is permitted without planning permission if they are not listed or in a conservation area, even if they are in good condition and have potential new uses. This has been happening, as recorded by the Victorian Society, across the country, and the problem is that because of the historic underlisting of important buildings that Historic England identifies through the Saunders report. Buildings that are potentially listable and not on the list can be demolished.

Permitted development is exactly what it says: the ability to demolish or change a structure with none of the protections or local involvement that the planning system provides. It has been an unwelcome flood that has been extended in recent years, which brings unpredictability and perverse consequences. It is well overdue for a review, and I ask the Minister to consider very seriously whether he and his colleagues can put that into practice now.

The changes that PDR promotes, together with what the noble Lord previously implied—the hollowing out of planning departments and the loss of conservation specialists—means that our villages, small towns and cities are at greater risk than they have been for some time. The risk is from cumulative change as well as casual change, and it is irreversible. Locally listed buildings—a very small number in relation to the whole—are now particularly vulnerable. My two amendments focus on these groups.

Amendment 312G would remove permitted development rights for all demolition. It would allow for public consultation and would protect all non-designated heritage assets. Amendment 312H focuses on the local listing of buildings. It removes permitted demolition rights for locally listed assets and protects non-designated heritage assets that are on a local planning authority’s local list. This is long overdue. We also suggest that the Secretary of State could provide further clarity by setting out a definition of what qualifies as a local list following consultation.

These amendments are timely and would re-engage local communities. They would be extremely welcome, and I offer them as a gift to the Government, who are now in an election year. They are timely. Is it not better to save our historic assets that are still safe, habitable and useful than to pull them down? Increasingly, this is how people feel. In recent years, when so much in the country has shifted around us, we have come increasingly to value the quality and resonance of our local environment. This intensified during the pandemic.

When I was heavily involved with the Heritage Lottery Fund, we funded a great deal of locally inspired small projects within 15 minutes of the places where people live. We had a tremendous response. It drew out of local communities the things that they felt were really important to them. It is clear that keeping and repurposing historic buildings—schools, surgeries, churches, cinemas, factories, mills—is seen as an infinitely better alternative and one within reach. They retain character and diversity and inspire unique pride across the generations. We have lost so much, and we will lose more unless we stop and pause.

Once something is gone, whether it is the Euston Arch or a local cinema, we cannot recover it. At a time of so much instability in the high street and excessive office building, surely the time has come to rethink and repurpose for what people need today, whether that is childcare centres or marketplaces.

Levelling-up and Regeneration Bill

Baroness Andrews Excerpts

Report stage
Wednesday 6th September 2023 Lords Chamber

[Lord Northbrook (Con)]

My Lords, I rise to speak to two amendments in this group. Under Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, on making planning decisions in conservation areas,

“special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area”.

Local planning authorities have a wide degree of discretion in deciding whether applications for development in conservation areas pass this statutory test. In my local borough, the Royal Borough of Kensington and Chelsea, planning officers do not normally live in or near the relevant conservation area and routinely substitute their own opinions for the opinions of those who do, frequently in disregard of the relevant conservation area appraisal document and advice from important third parties such as Historic England.

The problem is particularly acute in the royal borough, where harmful decisions have been made in the past and then been used as precedent to justify approving further harm of a similar nature. This line of reasoning has been criticised frequently by the Planning Inspectorate and runs contrary to the advice of Historic England in its document, Managing Significance in Decision-Taking in the Historic Environment—Historic Environment Good Practice Advice in Planning: 2, published in March 2015. Paragraph 28 of this document states:

“The cumulative impact of incremental small-scale changes may have as great an effect on the significance of a heritage asset as a larger scale change. Where the significance of a heritage asset”—


which, of course, includes the entirety of a conservation area—

“has been compromised in the past by unsympathetic development to the asset itself or its setting, consideration still needs to be given to whether additional change will further detract from, or can enhance, the significance of the asset”.

Regrettably, such consideration is all too often not given by planning officers in their decision reports on the exercise of delegated powers or in their advisory reports to planning committees recommending the approval of an inappropriate development without clear or compelling justification. The exercise is all too subjective, frequently a reflection of poor taste and simply wrong.

My amendment in Committee was to insert at the end of Section 72(1),

“and (in relation thereto) to any views expressed by persons living in that area”.

I believe that making such an amendment would have a significant and beneficial impact on the content of planning officers’ reports, in that they would need to include a special section identifying clearly such views of local residents as have been expressed and, as the case may be, explaining why the officers’ views should be accepted, rather than those of local residents.

I also believe that such an amendment would have a significant and beneficial impact on the approach taken by planning committees, which would need to change from an instinctive desire to accept officers’ recommendations to a real determination to understand and respect the views of local residents. If the planning officers wish to substitute their own opinions on what is good for a conservation area, the amendment would require them to explain clearly and convincingly why they seek to do so and why views of local residents should not be respected.

The noble Baroness, Lady Bloomfield of Hinton Waldrist, objected to my amendment on the grounds that:

“It would mean the views of conservation area residents would have greater weight than those living outside the area, which we think would be unfair.”—[Official Report, 20/4/23; col.847.]


I strongly disagree that it would be. Nevertheless, I have recast the amendment for Report to avoid this objection by requiring special attention to be paid to

“any relevant guidance given by Historic England”,

instead of

“any views expressed by persons living in that area”.

I will also speak to Amendment 204. The Royal Borough of Kensington and Chelsea used to insert a standard condition on planning approvals in conservation areas that any replacement of sliding sash windows fronting the street should be like-for-like. The owner of a house in Moore Street put an ugly, non-sliding sash window in a breach of planning conditions. The local residents association complained to the council and asked planning enforcement to get it removed. The local ward councillor, who was also the cabinet member for planning at the time, sent them an email saying, “I have just been to see the window. It is clearly inappropriate and will need to be replaced as soon as possible”. The enforcement officer then sent an email agreeing with the complaint, and an enforcement notice was duly served. The owner then told the council that his new window was in fact permitted development, so the enforcement notice was cancelled, and the enforcement officer sent a second email saying that the council had no control over its staff. The window remains.

My proposed solution is to amend class A.3(a) of Part 1 of Schedule 2 to the GPDO, which currently reads,

“the materials used in any exterior work (other than materials used in the construction of a conservatory) must be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse”.

My amendment would add the wording:

“and, in respect of a replacement window in a conservation area, the style and colour”.

The Minister responded:

“For windows specifically, under nationally set permitted development rights, homeowners are able to enlarge, improve or alter their homes, subject to certain conditions and limitations to minimise their impact. As an improvement, the permitted development regulations allow the installation of new doors and windows. We have no plans to further restrict the ability of people to replace windows in conservation areas”.


My rejoinder to this is: what is the logic of requiring similar materials but not similar style or colour? The Minister does not explain. When granting planning permission for replacement windows in conservation areas, local planning authorities frequently impose like-for-like conditions to preserve the character and appearance of the conservation area. I sympathise with making the replacement of windows in conservation areas permitted development, provided the replacement windows appear like for like. GPDO should be amended to reflect this.

The noble Baroness, Lady Bloomfield, opposed the amendment as premature to accept in advance of a current review of planning barriers that households can face when installing energy-efficient measures, including double glazing. I do not see that the amendment would cut across recommendations arising from the review. The noble Baronesses, Lady Hayman and Lady Pinnock, both made the point that like-for-like replacement windows of wood and glass can be very expensive. I agree, and this points to a defect in the current permitted development right, which is a requirement for similar materials. In a conservation area, it is the appearance that matters, so the requirement should be for a similar style and colour, rather than similar materials. These days it is possible to buy much cheaper replacement windows, made of composite material, which appear identical to the original, so why is this not permitted? However, the existing permitted development right is subject to a similar materials condition and applies to all exterior developments other than conservatories—that is, not just windows and in all areas, not just conservation areas. Therefore, I cannot recast the amendment to replace “materials” with “style and colour”, as I would like. So the amendment has been retabled for Report. I beg to move.

[Baroness Andrews (Lab)]

My Lords, I have two amendments in this group, which I tabled as new clauses in Committee. I am again very grateful to the Victorian Society for helping us do this. I am also extremely grateful to the Minister for the amendments he introduced this afternoon; they are very welcome and very overdue. With a very ancient hat on, I remember that some of the best times I had at English Heritage was unveiling plaques—I unveiled a plaque when Yoko Ono and John Lennon had lived in Notting Hill for just the right amount of time to get a blue plaque. I think that William Hewitt will be very pleased, as will the new chair—I congratulate the noble Lord, Lord Mendoza, on his appointment.

The new clauses were the subject of a very sympathetic meeting we had with the Minister before the Recess. I was very grateful to him, so I shall not reiterate much of what I said. We just need to hear what he has to say this evening.

For the record, I want to point out the anomalies that the new clauses in these amendments address. The gap in the law is affecting people and places, which is why it needs to be closed. Quite simply, permitted development means that unlisted buildings as a whole and buildings which are on the local heritage list but outside the protection of a conservation area are outside the protection of planning law. They can be demolished without challenge and without local people being able to defend them. The Minister said in Committee that Article 4 directions offer a protection: in principle they do, but they are rarely used. The way in which planning departments have been stripped out means that this already onerous business is hardly ever used, because there are not the people there to do it.

Amendment 204A would bring the demolition of all buildings within the scope of planning law. Amendment 204B sets out a more limited case for bringing all buildings which are on the local heritage list but outside a conservation area within the scope of planning law. This is an anomaly because, essentially, nationally listed buildings already have this protection, but it does not apply to other buildings, including locally listed buildings, as I said, which are not in a conservation area. There are other anomalies in this situation; one has to seek planning permission, for example, to “significantly amend” a building but not to knock it down. A third anomaly is that a building can be demolished while a decision is being taken. I will come back to that shortly.

I do not apologise for trying to find a simpler way by which all non-designated heritage assets can be listed and protected; frankly, we are just too casual about demolition and about reference to the local community or the impact on the local setting or character, or the environment as a whole. I argued in Committee that it was better to repurpose and reuse good and useful buildings, however idiosyncratic, than to demolish them and to involve the local community in the planning process.

--- Later in debate ---

I hope that, with those reassurances, the noble Lord will be happy to leave his amendments as probing ones. With gratitude to the noble Lords for their support for the government amendments in this group, I commend them to the House.

[Baroness Andrews (Lab)]

I thank the noble Lord for what he has just said. It is an important step forward to get a consultation on the two propositions and the two sets of dates that might apply with Amendment 204A. That is very important and very good news, and I am very grateful. Can the noble Lord say anything about the timetable? I presume that he is talking about the normal 12-week public consultation period. Is there anything we can pass on to the community about preparation for such a consultation? Could the Minister write to me about whether there is a consultation within DLUHC on permitted development as a whole? It would be very useful to have that information.

[Lord Parkinson of Whitley Bay (Con)]

I will happily write to the noble Baroness with the information she seeks, including confirmation of the timelines for the consultation, which I expect will meet the normal provisions. I am afraid I cannot give her a date, but we will do it shortly—if I am able to give any greater finesse to her in writing, I will do so gladly.