Planning: Retrospective Applications

Baroness Gardner of Parkes Excerpts

Wednesday 15th June 2016 Lords Chamber

Asked by

[Baroness Gardner of Parkes]

To ask Her Majesty’s Government whether they will include in the draft regulations flowing from the Housing and Planning Act 2016 measures to deal with retrospective planning applications and variable fees for higher cost developments.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)]

My Lords, I understand the frustration that breaches of planning control can cause. National planning policy was strengthened on 31 August 2015 to make intentional unauthorised development a material consideration in the determination of planning applications. We do not intend to impose higher fees for retrospective applications, but it is right that larger developments attract a higher planning fee. Fees already vary depending on the application type and the type and size of development proposed.

[Baroness Gardner of Parkes (Con)]

I thank the Minister for that Answer, but I remind her, although she may not need any reminding, that on the first day of consideration of the then Housing and Planning Bill, the subject was raised of the need for draft regulations and the scant detail that came to this House in that Bill. Can she confirm that we will definitely have draft regulations now that it is an Act, and that there will be adequate time for this House to consider this very important detail?

[Baroness Williams of Trafford]

My Lords, I do not need reminding; I shall never forget the first day of the Housing and Planning Bill. It has not become a recurring nightmare yet, but I certainly heard the feeling of the House loud and clear. I totally concur with my noble friend’s point that regulations should be in draft and ready on time for proper consideration by this House.

--- Later in debate ---

[Baroness Williams of Trafford]

My noble friend sends a question to try me. I will have to write to him on that.

[Baroness Gardner of Parkes (Con)]

My Lords, is it not a fact that the statutory instruments brought to us are unamendable and that, following the comments we have heard today in the Chamber, there may be a need to look at that again? Opinion is divided and some say that there is no reason why they have to be unamendable—it would be a question of legal decision and a procedural matter. In a case such as this, where my noble friend has assured us that we will have the right to go into the detail, we will be satisfied, but there are many cases where the statutory instrument comes up, such as the one concerning the leasehold valuation tribunal, and it has to be either abolished or accepted—there is no choice of any halfway house.

[Baroness Williams of Trafford]

I think my noble friend made her point very clearly in her supplementary question about draft regulations being ready on time for proper consideration. I am not a constitutional expert and I do not want to go into that area, but giving noble Lords sufficient time to consider regulations is certainly important.