Neighbourhood Planning Bill

Debate between Baroness Bakewell of Hardington Mandeville and Lord Bourne of Aberystwyth

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

[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.

Neighbourhood Planning Bill

Debate between Baroness Bakewell of Hardington Mandeville and Lord Bourne of Aberystwyth

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

[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.

Homelessness

Debate between Baroness Bakewell of Hardington Mandeville and Lord Bourne of Aberystwyth

Monday 17th October 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the last figure taken was taken on a night in the autumn of 2015, when 3,569 people were found to be sleeping rough in England. That is a serious position, there is no doubt; it has been at that sort of level over a period of time. The noble Lord will no doubt be pleased about the £40 million worth of assistance announced today in relation to helping with housing.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, there has been an increase in the number of direct access hostels, resulting in waiting lists. There is a logjam because there is no supported accommodation for people to move on to; even when people manage to find accommodation, it cannot be sustained, because there is no support for them. That results in increased rough sleeping. Does the Minister have statistics for the numbers of people affected?

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness will be aware that there is a sum of money— £100 million in this Parliament—to help vulnerable people to move on from hostels and refuges into low-cost permanent accommodation. We are pursuing that with a vengeance, with a view to getting those unacceptable numbers down.

Housing: Vulnerable People

Debate between Baroness Bakewell of Hardington Mandeville and Lord Bourne of Aberystwyth

Thursday 13th October 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness is obviously well acquainted with this area. I congratulate her on the role that she fulfils as chair of the National Housing Federation, which we regard as a valuable ally. She will know that we are going out to consultation specifically on the local housing allowance cap, which I think is what she refers to. I hope very much that she and others will engage in that because we are putting the same amount of money in there to ensure that we protect this sector. It will be ring-fenced and we can discuss in the consultation the particular nature of that ring-fence.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, at the Rethink mental health hostel in Somerset people are allowed to stay for only nine months, and then moved on despite their mental health not having improved. Staffing levels are one member of staff to 55 units of accommodation. Can the Minister please reassure the House that he is aware of and working actively to remedy this situation, which exists across the country?

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness is certainly right to accentuate the fact that there are particular challenges in relation to mental health. We work closely with Mencap and I can provide her with the reassurance she seeks: we are seeking to ensure that that area is protected.