Neighbourhood Planning Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Thursday 2nd February 2017 Grand Committee

[Lord Kennedy of Southwark]

My Lords, this amendment, which is in my name and that of the noble Baroness, Lady Bakewell of Hardington Mandeville, seeks to find a way of dealing with the problem when land is just not being used—where planning permission has been agreed but nothing happens and the planning permission then expires. The amendment would give power to the local authority to direct the use of the land for the priorities as detailed in the local development or neighbourhood plan and in line with the priorities set out in the local process we discussed in our previous sitting, and in keeping with the NPPF.

We have a serious problem with land not being used, especially in London where there is a particularly high demand for homes. Again, I can give many examples from my own ward where there are small sites with signs saying “planning permission for X number of houses”, but not much is happening and people are waiting for the land value to increase. Communities and local authorities already have some powers to get things moving, such as the community right to reclaim land, which has been on the statute book for many years. That power enables public bodies to dispose of land. There is also the community right to build so that communities can propose site developments in their area, and which also gives local authorities additional power to get things moving locally.

I hope we will receive a positive response from the Government today. Maybe these matters will be dealt with in the White Paper, I do not know; but we need to get these sites built on. They are an eyesore. Leaving things as they are, with permissions but nothing ever happening, is a problem. We have often talked about the number of permissions already agreed in London but with nothing ever seeming to happen. We need to get things moving. I beg to move.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, as this is the first time I have spoken in Committee I draw the Committee’s attention to my entry in the register of interests.

I fully support the noble Lord, Lord Kennedy, in this amendment. The problems he has listed are those relating to London and other urban areas. However, they are not isolated to just those areas. Those of us in rural areas suffer significant frustration when planning permission has been applied for and given but nothing happens. Land is often left untouched for many years when it could have been productively used for key priorities in local development or neighbourhood plans.

Occasionally, spoiling tactics are employed. A local authority can identify a particular use for a parcel of land which does not meet with the approval of either the owner or those living in close proximity. As we all know, anyone may apply for planning permission on any piece of land; they do not have to own it. It certainly helps the process if the applicant is the owner, but this is not a requirement. Spoiling applications are submitted, appear to be in accordance with the local plan and gain approval. Thereafter, nothing is done to the site and those objecting feel their mission has been accomplished.

In such cases, and those listed by the noble Lord, Lord Kennedy, I support the local authority having the right to direct the use of the land in order to fulfil the priorities in the local plan or neighbourhood plan. After all, both plans will have taken a great deal of time and effort to be completed; they will have gone out to extensive consultation and been thoroughly examined before being adopted. It is therefore only correct that the aims of those plans should be implemented as far as is possible. I believe this clause would help achieve that aim, which is in the general public’s interest. I look forward to the Minister’s response.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Bakewell of Hardington Mandeville, for moving and speaking to Amendment 15, which is in group 9. This amendment, tabled by the noble Lord, would allow local planning authorities to direct the use of land upon which planning permission has expired for the purposes of its priorities, as set out in a local development plan.

Authorities should normally take decisions on development proposals within their area in line with the priorities set out in the development plan, together with the other policies of the plan. That principle is already enshrined in the Town and Country Planning Act 1990 and set out clearly in the National Planning Policy Framework. Both the Act and the framework are clear that applications for planning permission must be determined in accordance with the development plan, where its policies are material to an application unless material considerations indicate otherwise. Thus where planning permission has lapsed, any new proposals for development which require planning permission must be determined on that basis.

The planning history of a site, including any recently expired planning permissions, may be a material consideration when considering any fresh proposals. The weight to be attached to any earlier permissions will be a matter for the local planning authority but the importance of the plan remains unchanged. I appreciate and support the intention of the new clause proposed by the noble Lord, Lord Kennedy, and supported by the noble Baroness, Lady Bakewell. However, I do not believe it is necessary at the moment. The noble Lord mentioned the forthcoming White Paper, which we hope will be forthcoming very soon. It will cover this issue, as I have mentioned many times before in the Chamber and elsewhere. This is an issue that we must confront and not just for London and urban areas. I fully accept what the noble Baroness alluded to there.

Perhaps I may bring the Committee back to this legislation, which is designed to streamline processes and deliver more houses. We should not lose sight of that. We all say that we are wedded to it but we must be careful to ensure that it remains a central feature of the thrust of the debate, and of the legislation. If that much land is held by developers, they have fewer excuses for land-banking. I say gently that if that land were developed more quickly, although it would not crack the problem in its entirety, it would go some way to doing so.

I thank the noble Lord, Lord Kennedy, very much for the invitation to Lewisham, which I look forward to fulfilling—not necessarily on a day when Millwall is playing at home but on some other day. With the knowledge that this issue will come forward in the White Paper and that we will have a longer process of having a crack at it in a deeper dive—along with that friendly reciprocation of his invitation—I ask him to withdraw his amendment.

--- Later in debate ---

[Baroness Cumberlege]

My Lords, very often when we discuss a clause not standing part of a Bill, it is an opportunity to discuss broader matters and the whole of the clause. I am concerned about this clause because it gives me vibes that the Secretary of State wants to micromanage some local planning issues. I would like to understand the intentions behind this lengthy clause and the Minister to explain whether it furthers the cause of devolution of planning powers.

I agree with the noble Lord, Lord Kennedy: this is the Neighbourhood Planning Bill and yet that is not mentioned in all these clauses. Having been a Minister, I know that it is often extremely hard to get some policies that you feel keen about in the department into a Bill. I wonder whether this clause contains all kinds of policies that the department really wants to get legislated and that this is a hook to hang it on. I hope that that suspicion will be negated by my noble friend.

I am worried that the words “direction” and “direct” run through nearly every sentence and clause of the Bill. That says a lot to me. I have been trying throughout the Bill to separate the powers of the Secretary of State—the overall policy—from the local. As the noble Lord, Lord Kennedy, said, this is not about localism but about the Secretary of State having power to intervene in local issues.

I am also suspicious about whether this is a first step towards getting local authorities to merge. I know that we are talking about planning documents, but I wonder whether this is a first step towards merging local planning authorities. In my area, two planning authorities have willingly combined their back office services. That is fine: it works great, saves money and so on, and we, the inhabitants of those areas, are quite content with that. However, we would resist very strongly if two local authorities were forced to merge because the Secretary of State at that time felt that it would be a good thing to do. That should be resisted, and we would resist very strongly.

I wonder about the content of the clause. Even if it is only about getting authorities to prepare joint planning documents if they do not want to do so, is that a good thing to do or is it a first step? To me, bringing about mergers is about diplomacy, not autocracy. I fear that this has elements of autocracy, but I hope my noble friend will put me right. I am very concerned about this.

As to Clause 8—again I may be mistaken because it is a long time since I was involved as a county or district councillor—in my area of East Sussex, the county council has devolved all the local planning it can to district and borough councils. The county council makes decisions on mineral extraction, waste management, schools, libraries and roads but it does not do detailed planning. It seems slightly odd to make it the default authority for local planning if district or borough planners fail to live up to expectations.

The Bill deals in detail with housing, sites, employment and things of that sort which towns and parishes know a lot about. I thought about what police authorities do when they have problems in their local areas. Of course we get problems in local authority areas. The police get another police force from outside the area to look at the problem, as it knows about policing. If we want a system whereby we can bring together authorities and unpack some of the difficulties that they are facing, would it not be better to get a well-regarded local planning authority to come to help? That seems a better choice. I may have misread both these clauses, so I hope the Minister will put me right.

[Baroness Bakewell of Hardington Mandeville]

My Lords, I was a county councillor for 20 years and have been a district councillor for eight years, so noble Lords will not be surprised that I shall speak against Clause 8 standing part of the Bill. All local authorities are under extreme pressure following many years of budget cuts, and services are being squeezed. In county councils and unitary authorities, children’s services and adult social care are demanding more and more of their budgets. Are the Government seriously proposing, at this critical time, that county councils should take over the preparation and execution of districts’ local plans?

In Somerset, all districts have local plans in place that followed due process and were adopted. There are, of course, other areas of the country where this is not the case, but beating them over the head with a stick hardly seems the way to bring them into line. Paragraph (b) of new Clause 7B inserted by Schedule 2 refers to upper-tier county councils being invited to prepare or revise the development plan. This gives the impression that if a district council has drawn up a plan with which the county council has some disagreement, it can blithely take it over and amend it to its own ends, regardless of how pertinent and important the plan may be to the inhabitants of the district.

The District Councils’ Network opposes Clause 8 because: county councils do not have the local planning expertise required to discharge this proposed function, as the noble Lord, Lord Kennedy, said, which could lead to further delay; the expenditure incurred by county councils in discharging this function could lead to further additional costs, which would adversely impact on the existing planning capacity of district councils; and there is a lack of clarity about who will be legally responsible in the event of a challenge to an adopted local plan if it is approved through this route.

Surely the Government are not looking to burden county councils with this additional work to replicate that which has already been undertaken by district councils. Neither level of local authority is looking for extra work at a time when one is desperately trying to find the money to care for the vulnerable and the other is desperately trying to facilitate the building of much-needed homes in accordance with the Government’s agenda. I look forward to the Minister’s comments.

Neighbourhood Planning Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Committee: 3rd sitting (Hansard): House of Lords
Monday 6th February 2017 Grand Committee

Moved by

[Baroness Bakewell of Hardington Mandeville]

49A: After Clause 12, insert the following new Clause—
“Public land registerRegister of public land
(1) Every local planning authority must keep a register of all public land in its area, for the purpose of identifying land in their area which could be used for development.(2) The register must be kept in such manner as is prescribed by the Secretary of State by regulations made by statutory instrument.”

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, Amendment 49A would create a register of public land. Quite properly, local authorities are required to compile and keep an up-to-date register of brownfield land within their area. This ensures that the land is reused in an orderly manner for housing development. Most of the land is brought into use without too much difficulty, but occasionally it may be contaminated and require additional and expensive work to bring it up to a suitable state for housing. Given the extreme shortage of suitable land and the enormous pressure for housing in the country, it seems sensible to bring all the spare land in an area into use as quickly as possible. Requiring local authorities to compile and keep up-to-date registers of public land within their boundaries would mean that they would have an accurate picture of where the land is and whether it is being used productively or is just lying fallow. They can then work with the relevant agencies to bring the land into use for housing.

I shall give the example of a Royal Marines base not a million miles away from where I live but in a different local authority area. This base has been in the community for some considerable time, but recently the MoD decided to close it and move the personnel elsewhere. Here is a perfect site for housing. All the infrastructure, including water, sewerage and electricity, is in place, as well as a decent internal road system. There is unlikely to be a gas supply, given its location, but I could be wrong. No doubt some of the infrastructure would need to be updated, but the site would be much more preferable to digging up a greenfield area. That is just one example, but there will be others involving other agencies such as the NHS. Some of this publicly held land will not be as visible as a military base, but it could nevertheless be released for housing. Some of these parcels of land will be small, but could accommodate half a dozen houses, while others will be larger and suitable for 300 to 400 homes. The land supply shortage in some areas is so desperate that it really is time that all possible avenues were explored fully.

Local authorities with housing provision responsibilities are the logical and obvious partners to compile and keep up to date a brownfield register in order to be able to act quickly when redundant land becomes available. I realise that this amendment will not find favour in all quarters, but I look forward to the Minister’s response. I beg to move.

[Baroness Pinnock]

My Lords, the purpose of Amendment 49B in my name is to draw attention to and, if possible, seek a remedy for the significant delays and difficulties in getting some brownfield sites developed.

Brownfield or previously used land is well defined in the National Planning Policy Framework. The definition includes a wide range of previous uses. Some of these sites pose no particular problems or costs for developers. The sites I am concerned with are those that have suffered considerable contamination as a result of an earlier industrial use in a less-regulated age. Remediation of these sites can be very costly and a big disincentive to developers. There are a great number of brownfield sites. The CPRE research in 2016 estimated that these cover an area sufficient for 1.1 million homes. Those figures may be disputed but that is not my point. My point is that there are demonstrably large areas of previously used land available for development, many of them with current planning permissions, but the sites remain undeveloped.

Using brownfield land has a double benefit. It saves greenfield sites from development and uses existing derelict land in urban areas. This derelict land often attracts problems other than the visual depression it can bring to an area. I am probably one of the few people in this Room who actually lives near some derelict land. I can tell you, it is something we have been trying to resolve for years but cannot because it is heavily contaminated. When the Bill was debated in the other place, Andrew Mitchell MP raised this very issue and hoped that it could be addressed before the Bill’s passage was concluded.

The question is: how can brownfield sites be effectively prioritised? The Royal Town Planning Institute report of last year said:

“Previously-developed brownfield land in built-up areas must continue to play a vital role for a range of purposes including housing. But a ‘brownfield first’ policy will fail to deliver its full potential if there is insufficient available funding for the treatment and assembly of land. New proactive remedial programmes are needed to remove constraints on development and to make places where people want to live which are accessible by sustainable modes of transport”.


Unfortunately, the Government are currently providing disincentives for brownfield development. Not only is there a lack of support for remediation but there are incentives for developers to use greenfield sites, such as the five-year housing supply rule, which enables developers to cherry pick greenfield and green belt sites while ignoring brownfield sites.

The further consequence of the costs of land remediation is that when the land is developed, obviously the costs are greater and so developers are able to argue that any planning gain for the local community is not financially viable. Therefore, affordable housing is lost on those sorts of sites—the very sites where, often, affordable housing is needed. I ask the Minister to respond positively to this plea on behalf of areas across the country, including my own, where land values are lower than in the south-east and where, therefore, the costs of remediation can be prohibitive to development.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in this debate on Amendments 49A and 49B, particularly the noble Baronesses, Lady Bakewell and Lady Pinnock. The amendments cover two important areas.

On the new clause inserted by Amendment 49A, I agree with the noble Baroness that there should be transparency around land assets held by public bodies. Public bodies must be accountable for the assets they hold, and where land assets are no longer required to support the functions of the body, they should be released so that they can be put to good use, including the provision of much-needed new homes. I can reassure noble Lords that the proposed new clause is not required. A great deal of work is already under way to ensure that this transparency exists, and it may help the Committee if I briefly outline the measures that are either in place or being put in place.

First, information on government land assets is already made available through the Cabinet Office electronic property information mapping service, e-PIMS—that trips off the tongue. This feeds the Government Property Finder website, where anyone can search to obtain a list of government land assets locally, regionally and nationally. Where land is made surplus for development, the e-PIMS system also makes this clear.

Secondly, for land owned by local authorities, the Local Government Transparency Code 2015 requires local authorities subject to that code to publish, on an annual basis, details of all land and building assets, including undeveloped land. In 2016 we consulted on updating the transparency code. We proposed that in addition to the existing data on land and property assets published by local authorities, they should also publish, on e-PIMS, the extent of the land in hectares for each piece of land; whether that land is surplus to requirements; whether there are current or future plans to release the land for housing development; if there are plans to release the land for housing development, what the current planning status is; if there are plans to release the land for housing development, how many homes can be accommodated, and, for properties of 10,000 square feet or larger, the floor area of that property, the number of floors and the number of car parking spaces it has. We are carefully considering the responses we received and will be responding to the consultation in due course.

Thirdly, nearly three-quarters of local authorities in England are now part of the Cabinet Office and Local Government Association’s One Public Estate programme. This is expected to grow to 95% in 2018. The One Public Estate programme brings together public bodies across a local area seeking to unlock the value in land and property assets for better local services, efficiencies and local growth. In doing so, land that is made surplus can then be released. A condition of membership of the One Public Estate programme is that local authorities and their public sector partners must upload their land asset data to the e-PIMS system. Work is already under way to bring central and local land data together in the e-PIMS system. This will make land asset data across the public sector readily available to anyone in a single place, rather than having registers held by individual authorities. I hope that this reassures noble Lords that the Government are committed to ensuring transparency in the use of land assets and appropriate release across the public sector, and that they have a clear plan to make that happen.

Amendment 49B, in relation to brownfield land, is in the name of the noble Baroness, Lady Pinnock, and was spoken to by my noble friend Lady Cumberlege and the noble Lord, Lord Beecham. He cited the example of Greenwich. A development corporation is involved across the river as well—I am sure that the London Borough of Lewisham will have something to say on that, but I will move swiftly on.

I think we all agree that previously developed land, more commonly known as brownfield land, has an important role to play in delivering much-needed new homes. The Government remain committed to ensuring that 90% of suitable brownfield sites have planning permission for housing by 2020. That is our stated policy, but I appreciate that the noble Baroness is looking for more concrete action, and I will be moving on to that.

The Government already have a strong policy framework in place to encourage the reuse of brownfield land. We are also developing further policy measures in regulations, which will help unlock housing being built on suitable brownfield sites and maximise the number of dwellings built on brownfield land. It is an appropriate mechanism, as noble Lords have mentioned, in order not to have to build on the green belt, which of course we do not want to do and is not anticipated. That is why building on brownfield land is so important.

Paragraph 111 of the National Planning Policy Framework asks local authorities to encourage the reuse of brownfield land if it is not of “high environmental value”, and planning guidance reinforces the expectation that local plan policies should reflect the desirability of reusing brownfield land. Furthermore, in December 2015 our consultation on national planning policy sought views on proposals to create a presumption that brownfield land is used unless there are clear reasons why not. This consultation also set out proposals to make more efficient use of land by encouraging higher densities around commuter hubs and to encourage more starter home-led development on brownfield land. We intend to set out our response to these proposals in the imminent housing White Paper.

Our proposed changes to planning policy sit alongside other proposals to bring brownfield land back into use. The list is not exhaustive. We intend to bring regulations into force this spring requiring local planning authorities to publish and maintain brownfield registers, which was part of the Housing and Planning Act 2016. I hasten to say that I do not have personal and direct experience of the legislation, but I believe that that happened through the Act. These regulations will also enable local authorities to grant permission in principle to suitable sites on their registers. We are also committed to widening permitted development to help give new life to thousands of underused buildings, as well as accelerating the disposal of surplus public sector brownfield land for new homes.

I fully recognise that some brownfield sites have more constraints than others, and that will probably be particularly the case where land values are not so high. Greenwich had its challenges but of course the land values were greater there. Some sites may also require additional costs to bring them back into acceptable use. A number of financial measures are in place to bring such sites back into use; for example, £0.4 million has been made available to local authorities during 2016-17 to help with the costs of dealing with urgent remediation cases and, if possible, ongoing remediation projects. We have created a £3 billion home building fund to provide loans for small and medium-sized building firms, custom builders and offsite construction. Some £2 billion of that fund will be long-term funding available to developers to deliver infrastructure to support a strong future pipeline of housing supply and will help unlock between 160,000 and 200,000 homes.

We expect at least half of this £2 billion to be used to support brownfield sites, including land remediation. I am very happy if the noble Baroness wants to engage further with officials on that particular point.

Furthermore, where brownfield sites suffer from contamination, land remediation relief, offered by Her Majesty’s Revenue & Customs for remediating contaminated land, provides relief from corporation tax, comprising a deduction of 100%, plus an additional generous deduction of 50%, for qualifying expenditure incurred by companies in cleaning up land acquired from a third party in a contaminated state. That is also significant. However, we must remember that not all brownfield land is suitable for housing development, and not all our housing needs will be met by building on brownfield land alone. As I have indicated, the Government have a clear plan and vision, but I am very happy to make officials available to explain the detail should noble Lords require more information.

To conclude, the Government are already taking action to support development on brownfield land. I assure the noble Baroness, Lady Pinnock, and other noble Lords that the Government will continue to seek prioritisation of brownfield land for development. That is central to what the Government are seeking to do in relation to housing. Without giving too much away about the housing White Paper, this aim will be reflected in that. I hope noble Lords will forgive the somewhat lengthy explanations I have given in relation to these two amendments, but they are both important. I hope that, with the assurances I have given, the noble Baroness will feel able to withdraw her amendment.

[Baroness Bakewell of Hardington Mandeville]

I thank the Minister for his very positive response to both the amendments. I am very pleased to hear that the Cabinet Office has a snappily named website where most public land can be accessed and in which most local authorities are participating. I shall go back and check that my local authority is participating. I can understand that some local authorities will perhaps be reluctant to upload exactly what their land holdings are; if I understood the Minister, that is a requirement of membership. However, I am pleased that there is some transparency around public land and that, wherever possible, it is brought into use for other purposes. I thank the Minister for the very detailed response on the issues around brownfield land. I found that very positive. I beg leave to withdraw the amendment.

Amendment 49A withdrawn.