Baroness Evans of Bowes Park
Main Page: Baroness Evans of Bowes Park (Conservative - Life peer)Housing and Planning Bill
Baroness Evans of Bowes Park Excerpts
Lord Teverson (LD)
My Lords, these areas are described in common parlance as brown land or brownfield sites. Although the legislation does not describe it in that way, that is how we normally describe these sites. When we refer to brownfield sites, we think of industrial areas, pollution and sites that are derelict rather than of the very wide variety of sites that would be covered by permission in principle. The essence of this issue is that many of those sites, particularly those on urban fringes and, indeed, in urban areas, probably have a more diverse and interesting ecology than do many greenfield sites, which often comprise monocultures and are not as important in ecological terms or in their value to local communities. This amendment is important as it would protect these designated sites and ensure that they are exempted from the Bill’s provisions.
Baroness Evans of Bowes Park (Con)
I thank the noble Baronesses, Lady Parminter, Lady Young and Lady Bakewell, and the noble Lord, Lord Greaves, for tabling these amendments to both the permission in principle clause and the brownfield register. I also thank all noble Lords who have contributed to this short debate. I recognise how important this issue is and agree that the planning system should play an important role in the protection and promotion of the natural environment. I will briefly explain how the permission in principle measure will continue to ensure that the natural environment is both safeguarded and promoted without the need for such exclusions as set out in these amendments—I fear that my noble friend could have written this speech.
I begin by addressing Amendment 92. Clause 136 will enable permission in principle to be granted on sites that local planning authorities, parishes and neighbourhood forums choose and allocate within their plans or identify on new brownfield registers. The aim is to build on the detailed work that goes into plan production to identify suitable sites for particular housing-led development and to grant those that are considered locally to be suitable a level planning consent. This will give increased certainty for local authorities, developers and others that an amount of housing-led development is secured in principle, leaving them to work up and agree the details on the site. This means that the choice about where to grant permission in principle is a local one—as we have heard—reached through involvement of communities, members and statutory bodies. Permission in principle will therefore be granted only where development is considered to be locally acceptable, in line with local and national policy.
If a local authority considers that such sites of environmental sensitivity are not suitable for development, in line with the strong protections for the national environment set out in the national planning policy framework—both noble Baronesses mentioned this—then it need not allocate the site for such use in its local plan, or choose to grant it permission in principle. I should add that where an application for permission in principle for minor development is made to a local authority, it will be able to determine this in accordance with the local plan unless material considerations indicate otherwise. This would be in the same manner as planning applications are currently determined.
Lord Deben
My noble friend says that if the site was of the relevant kind and the local authority thought that it should therefore be designated in that way, it could do so. But does that mean that if this were a site of importance, the local authority could decide that it would develop it, because that seems to me to be rather difficult given the guidance in the other document? If the local authority cannot designate the site, will my noble friend explain why we cannot include the measure as an amendment to the Bill?
Baroness Evans of Bowes Park
As I said, if there are sites of environmental sensitivity that are not suitable for development in line with the strong protections of the NPPF, a local authority does not need to allocate the site for such use in its plans. This measure will continue to be in line with the strong protections in the NPPF.
Amendment 97 would place similar exclusions on land to be included on the brownfield register. I recognise noble Lords’ desire to protect land of high environmental value and understand concerns that such land should not be considered suitable for housing. I hope that I can reassure them why it would not be desirable or necessary to include such an exception in the Bill.
Local authorities will be required to have regard to national policies and advice when preparing their registers. This requirement is in the Bill. This means that when making decisions about which sites should be included on registers, local authorities will be required to take into account the NPPF. The framework states:
“Planning policies and decisions should encourage the effective use of land by re-using land that has been previously developed … provided that it is not of high environmental value”.
This is one of the core planning principles of the framework. Local authorities have discretion to determine whether a particular site is of high environmental value. I believe that this is the right approach.
Baroness Young of Old Scone
One of the points of this amendment is to pin down the concept of high environmental value rather more closely and clearly than is the case in the NPPF or, indeed, in the national planning practice guidance, by listing the parameters of high environmental quality. At the moment, there is very inconsistent practice by local authorities in determining that. That is unsatisfactory. It would be preferable to include in the Bill a standard definition.
Baroness Evans of Bowes Park
A definition in the Bill would remove discretion and override a local understanding of the environmental value of the land. As the noble Lord, Lord Teverson, said, an area considered to be of high environmental value in an inner-city might be quite different from that in other areas. A fixed definition could unintentionally lead to a situation where a local authority would have excluded land but was prevented from doing so by the definition. Local authorities are best placed to exercise their discretion and to make the decision, rather than fixing a definition for them by putting it in the Bill. I hope that, on the basis of these explanations, noble Lords will agree not to press their amendments.
Baroness Parminter
I thank the noble Baroness for her comments and her acceptance that this is an important issue. It clearly is, given the strength of feeling in the Committee, and I am grateful to colleagues for rowing in on it. The Minister seems to be saying that it is up to local authorities. If one is being charitable, it is a belief in the spirit of localism: it is okay for local authorities to do this because they can look back to the planning guidance that we have already provided. However, the words “need not”, which the noble Lord, Lord Deben, picked up, are critical. If they need not allocate this land, it means that they can allocate it. However, that is clearly contrary to the provisions set down by the coalition in the NPPF, which says that this should be excluded. Colleagues in Committee have shown that this designation is, in principle, too important not to be included in the Bill. I will withdraw the amendment now, but I am sure that we will return to it on Report.
Baroness Hayter of Kentish Town
My Lords, I support the amendments proposed by the noble Lord, Lord Tope. I was surprised when he said we have had a Mayor of London for 16 years—the establishment of that position was another great step forward by a Labour Government.
It is absolutely appropriate that the mayor—the only politician with a London-wide executive mandate—has these powers. The amendment sets out a framework in which he can make an order, including who he must consult and how the proposal should be dealt with. It is effective and time-constrained and should not cause any undue delay. It reflects the mayor’s mandate and we think it strikes the right balance, enabling him to help drive forward the development of our great capital city.
Baroness Evans of Bowes Park
I am grateful to the noble Lord, Lord Tope, for his comments on these amendments, and to the noble Baroness. I hope I will be able to assure your Lordships that the Mayor of London will continue to play an important role without the need for these amendments.
New Section 59A of the Town and Country Planning Act 1990, inserted by Clause 136, makes it possible for permission in principle to be granted on sites allocated within local development plans, neighbourhood plans and the new brownfield register, and the choice of when to do this will be a local one. Let me be absolutely clear that the Secretary of State will have no direct role in choosing specific sites to grant permission in principle to. In the same way that the Secretary of State maintains oversight of the existing development order-making powers under Section 59 of the Town and Country Planning Act 1990 to ensure consistency of how the planning system functions across England, he must maintain oversight of how the permission-in-principle system will work.
Amendment 92B would effectively set up different planning systems between London and the rest of the country by giving the Mayor of London the ability to change the process for permission in principle. We believe that introducing inconsistency into the system would be undesirable.
I reassure noble Lords that there are a number of ways in which the Mayor of London will be able to play an active role in influencing the granting of permission in principle in London. The London Plan will be able to set policies that will influence which sites are suitable for a grant of permission in principle. The mayor will also be a key statutory consultee during the plan preparation of any borough in London. Furthermore, where a mayoral development corporation is in place, the plan for that corporation can allocate specific sites that could be granted permission in principle. Mayoral development orders can also now be used to grant planning permission for site-specific development in London.
The noble Lord also asked whether the mayor would be able to call in applications for technical details consent. The answer is yes: the mayor can call in applications, including the new technical details consent, when the planning application is of potential strategic importance. He can also do this for an application for permission in principle. I will see if there is any further information that I can provide the noble Lord with in writing, but I hope that on the basis of what I have said he will withdraw his amendment.
Lord Beecham
For the avoidance of doubt, will the Minister confirm that the Government do not intend to extend any of these mayoral powers to the mayors of combined authorities under the devolution deal?
Lord Tope
My Lords, I am grateful to the Minister for that reply. I think she said that this would give London a different system from the rest of the country. London has a different system from the rest of the country. It has had it for 16 years. The Government believe in devolution. This seems a logical part of the difference of London, which was set up originally under a Labour Government and has been supported by a coalition Government and a Conservative Government. I do not really follow that justification.
I am grateful to the Minister for what she said. I did not actually ask if the mayor would have those call-in powers. I said that, since he does have those call-in powers, can she say a bit more about how that relates to the current situation? If she can write to me further, as she said she would, I would be very grateful. In the mean time, I beg leave to withdraw the amendment.
Baroness Evans of Bowes Park
Before I begin my comments, can I just say to the noble Baroness, Lady Young, that apparently the flow chart is in the Printed Paper Office. Someone has been to check and there is a copy waiting for you there.
Before I comment on the specific amendments proposed by the noble Lord, Lord Greaves, I want to make some introductory comments—I shall try to keep them brief—that I hope will reassure the House about our proposed approach. I think we agree that previously developed land has an important role to play in delivering much-needed new homes, which is why the Government are putting a range of measures in place to help unlock housing on suitable brownfield sites.
Clause 137 inserts new Section 14A into the Planning and Compulsory Purchase Act 2004. The power will enable the Secretary of State to make regulations requiring local planning authorities in England to compile and maintain registers of a particular kind of land. We intend to use this power to require local planning officers to compile registers of brownfield land that is suitable for housing development. Brownfield registers will be a valuable tool, providing publicly available information for local communities, developers and others. Making the registers a statutory requirement will ensure that consistent data on brownfield land that is suitable for housing is transparent and kept up to date. This will provide certainty and help to encourage housing investment in local areas. The registers will also help to measure progress against the Government’s commitment to get planning permissions in place on 90% of brownfield land that is suitable for housing by 2020.
As noble Lords have said, we are currently consulting on the policy detail before such matters are set out in regulations. It is our intention that regulations will include, for example, the criteria to determine the suitability of sites to be entered on registers, procedures for consultation prior to entering sites on registers, and information to be included on registers for each site. This power could also be used to require local authorities to prepare other registers of land, for example a register of small sites that would help promote self-build and custom housebuilding—another priority for the Government.
The noble Baroness, Lady Young, now has her flow chart. Excellent.
I understand concerns that the power is too wide in its scope, but I emphasise that the power provides flexibility to use registers as a tool to promote more efficient practice where necessary and appropriate in future. I also point out that if the power was used to bring forward registers of others types of land, that would require secondary legislation, which, of course, would be laid before this House.
I would like to use these introductory comments to offer reassurance on two further points. First, I emphasise that when local authorities make decisions about land to include in brownfield registers they must have regard to the NPPF, any relevant development plan or national policy and advice, as well as any guidance issued by the Secretary of State. We are not proposing any change to the decision-making framework. Secondly, noble Lords are aware that it is our intention that the registers will be used as a mechanism for granting permission in principle for housing on suitable brownfield sites. However, entering a site on a register does not automatically grant permission in principle. That decision will be for local authorities. This means that permission in principle will be granted based on decisions made by local authorities, in line with local and national policy, after consultation.
The regulations will set out the procedures to be followed in relation to consultation with statutory consultees and others so that their views can be considered before any sites are included in registers and granted permission in principle. There are no proposed changes to the way in which relevant material considerations are to be considered for those sites.
I now turn to the amendments. Amendment 96B seeks to amend Clause 137. As I said in my introductory comments, this clause provides flexibility to use registers to promote more efficient practice where necessary and appropriate in future. I gave as an example our proposals, on which we are currently consulting, for a small sites register, which would help promote self-build and custom housing. The noble Lord, Lord Greaves, asked whether the small sites register could grant PIP, and the answer is no, it could not.
Amendment 96E would narrow the scope of the power by placing some of the criteria determining the suitability of sites in primary legislation. I hope that my earlier comments have reassured the noble Lord about the Government’s intended use of the power. A minimum site threshold for brownfield registers will not necessarily be applicable for registers of other types of land. That is why it would not be appropriate to set out the threshold in primary legislation. The noble Lord may find it helpful to know that it is our intention to set a minimum site-size threshold of a quarter of a hectare, or sites capable of supporting five dwellings or more. We are currently consulting on our proposals. Following the consultation, and taking into account the responses received, we will set out our proposals in regulations.
Amendment 96G seeks to expand local planning authority discretion to exclude land from their registers. Subsection (4)(c) makes provision to allow authorities some discretion to exclude land from their register. For example, the Secretary of State might make provision for authorities to exercise their discretion in exceptional circumstances, such as when development of the land would be particularly controversial and the authority considers that development decisions should be made through the usual planning application route.
Amendment 97C seeks to remove subsection (6) which provides the Secretary of State with a power to require an authority to prepare or publish a register or bring a register up to date by a specified date. It would also provide a power to require specific information. Brownfield land plays an important role in helping to provide much needed housing. I have already emphasised how important it is to have consistent data on suitable brownfield land that are made publicly available and kept up to date. That will assist developers and communities, help to encourage investment in housing and help to measure progress against the Government’s manifesto commitment. The requirements in subsection (6) will act as an effective incentive to ensure that local authorities make this information available in a transparent and timely manner.
Amendment 97D would remove the requirement to have regard to national policy, the development plan and guidance. Registers will be a tool to provide consistent, up-to-date information on brownfield sites that are suitable for housing. It is our intention that registers will complement local plans; both are designed to promote suitable sites for development. The clause requires decisions about which sites to include on registers to have regard to the NPPF and the relevant local plan. We also propose that strategic housing land availability assessments, which identify future housing land supply and inform the local planning process, will be the starting point for identifying suitable sites on brownfield registers. This ensures that sites placed on the register have regard to the authority’s existing plans for their area. I emphasise that local authorities will be required to consult the public and other interested parties about sites on their registers for which they intend to grant permission in principle for housing. When authorities intend to enter a site on their register but are not proposing permission in principle, they will have discretion to consult the public and others before making a final decision.
Amendment 98A seeks to define brownfield land in primary legislation. As the noble Lord, Lord Greaves, said, brownfield land is already defined in the NPPF, which encourages the reuse of brownfield land provided that it is not of high environmental value and it has strong policies to protect the natural, built and historic environment. It also requires authorities to ensure that a residential use is appropriate for the location and that a site can be made suitable for its use. I should also emphasise that we are consulting on criteria to determine the suitability of sites. These criteria include consideration of environmental and other constraints that cannot be mitigated. Again, we propose to prescribe these criteria in regulations. To apply a definition in primary legislation would narrow the proposed powers and, we believe, frustrate our intention to use them to compile registers of other types of land.
I am conscious that I have not answered all the questions, particularly the one asked by my noble friend Lord True, so if noble Lords agree, I hope we can go back and check other questions, and where I have not been able to touch on them here I shall certainly do so in writing. I hope that, with that commitment, the noble Lord will withdraw his amendment.
Lord Stunell
I fully understand that the Minister is going to write to us but if she could give us a hint about whether or not public service buildings, schools and clinics are included in the housing-led concept at this stage, that would be really helpful.
Lord Greaves
My Lords, the Government Chief Whip has walked in so he will want me to beg leave to withdraw my amendment. I just want to say two things. First, I thank the Minister for a very comprehensive response to this series of brownfield questions we have all been asking. The only point I will pick up again is this: if the Secretary of State is to give guidance or send out regulations to authorities, will the Government please pay particular attention to the question of brownfield turning to greenfield over a period of time? Local authorities need the discretion to decide when that transition has occurred. Otherwise what is clearly, to everybody’s eyes, now a greenfield site will have to be built on because it used to have development on it 40 or 50 years ago or whenever it was. That is an important issue but I beg leave to withdraw the amendment.
Lord Greaves
My Lords, these are just two straight questions about the status of the register. Will it be a local development document or will it be a development plan document? I beg to move.
Baroness Evans of Bowes Park
Amendments 96C and 96D seek to define registers as local development documents and development plan documents. I understand that the noble Lord wishes to ensure that the process of preparing and maintaining registers has similar protections to development plan documents and local development documents but I hope I can reassure him that our proposals already include strong protections.
Brownfield registers are not intended to set out policy. By contrast, local development documents and development plan documents set out an authority’s policies relating to the development and use of land in its area. Registers would be a tool to provide consistent, up-to-date information on brownfield sites suitable for housing. It is our intention that registers will complement local plans. Both are designed to promote suitable sites for development. As I noted in my introductory comments, decisions about which sites to include on registers will have to have regard to the NPPF and the relevant local plan. We also propose that strategic housing land availability assessments will be the starting point for identifying suitable sites on brownfield registers.
I emphasise that local authorities will be required to consult the public and other interested parties about sites on their registers for which they intend to grant permission in principle for housing. Where authorities intend to enter a site on their register but are not proposing permission in principle, they will have discretion to consult the public and others before making a final decision. I hope that with those assurances the noble Lord will withdraw the amendment.
Lord Greaves
I am grateful for that reply. I think the answer is no. I have the information I wanted, and I beg leave to withdraw the amendment.
Lord Beecham
I stand corrected on the experience of Pendle, but that is not necessarily typical, one hopes. I look to the Minister to take the point that I made in respect of other authorities, which are perhaps not in quite the vulnerable position that Pendle appears to be. That means, again, looking at local authorities building houses, whether on brownfield sites or elsewhere. There is no incentive in the Bill for that to happen, so I ask the Minister to consider, again, the role of local authorities in providing housing, not just on brownfield sites but more generally.
Baroness Evans of Bowes Park
I thank the noble Lord, Lord Greaves, for his amendment. I reassure him that the Government are fully committed to unlocking new homes on brownfield land, which is why we are creating the £2 billion Home Building Fund to provide the investment in infrastructure and land remediation needed to support major housing developments. The fund will provide long-term loan funding to help unlock or accelerate a pipeline of 160,000 to 200,000 homes. It will support our key manifesto commitment to create a brownfield regeneration fund and to fund housing zones to transform brownfield sites into new housing. The new fund will be available to builders and housing developers across England.
I emphasise that the criteria on which we are consulting to assess the suitability of sites for brownfield registers will include a consideration of site viability. We would expect a site that was not viable to be unlikely to go on the register. I reassure the noble Lord that viability is central to our proposals and ask him to withdraw this amendment.
Lord Greaves
I am grateful for that reply. My only comment is that I want the Minister to say that non-viable sites will go on the register and that, together, we will work to find ways of making them viable and develop them. If the fund is now £2 billion instead of £1.2 billion or £1.3 billion, will somebody please tell me how we can get our hands on some of it, because we will use it well and build lots of new houses on brownfield sites? I beg leave to withdraw the amendment.