Neighbourhood Planning Bill

Baroness Gardner of Parkes Excerpts

Report: 1st sitting: House of Lords
Thursday 23rd February 2017 Lords Chamber

Moved by

[Baroness Gardner of Parkes]

9: After Clause 12, insert the following new Clause—
“Public consultations
(1) A local planning authority must extend the length of any public consultations regarding a planning application if any public, or bank holidays fall within the consultation period by one day for each public or bank holiday.”

[Baroness Gardner of Parkes (Con)]

This is in some ways a minor amendment but in other ways a hugely important issue for ordinary people who are faced with a situation where things around them can change without their ever being aware that something was going to happen. I spoke on this at the last stage of the Bill, so I do not intend to take a lot of time going into it again.

It was interesting that in this morning’s paper there was quite a large article about ordinary working families—OWFs. The headline was:

“OWFs (ordinary working families) get May out of a JAM”.


The article goes on to say that the Prime Minister’s earlier comment was about those who are “just about managing”, the JAMs, and now everyone in Whitehall has been told that that must not be used any more. They have to be called OWFs, which is interesting because my amendment is geared to ordinary working families—and all sorts of ordinary families, whether they are working or not.

Your choice of holiday time has changed nowadays. I remember factories closing for the whole month of August. Everyone had August defined as the holiday time, but programmes have changed and it is all a different world now. But your choice is still governed by one big factor, which is school holidays. You are not allowed to take your children out of school at any other time; in fact, we read all the time in the press about someone being fined for taking their child away for a holiday at some other stage. So August is very much a traditional holiday time for families of all sorts. Years ago, when I was in dental practice, the people in the East End of London used to go hop-picking in Kent as their big holiday. That does not happen any more because it is now all done by machinery but that was everyone’s big holiday for the year—and most of my patients were in that category.

Home ownership, which we are all busy promoting for everyone, makes us much more concerned about what happens around us. There is nothing worse than to go away, however briefly, and return to find that things have just been nodded through in your absence. The other unfortunate issue is that it certainly gives opportunities for corruption. Whether it really is corrupt in all cases is a different matter, but the loophole is certainly too open for people to exploit those times when they know that locals will not be around to take an interest and say what their views are.

Amendment 9 is so clear that it does not need any explanation. In Committee, the Minister said that very many local authorities already implement an extra day for a public holiday period. They are the good ones. I hope that this amendment will address the less good ones.

I have gone on for quite a long time about Amendment 10 because it speaks for itself. To give an advantage to anyone to feel that they might be able to sneak something through because everyone is concerned with other things in life—this applies particularly during holiday periods—is an important issue. I beg to move.

[Lord Beecham]

My Lords, I support the noble Baroness as an ordinary working Peer. I hope that the Minister will feel able to accept the amendment. I am not quite sure what the position is in relation to Amendment 38 and whether the noble Baroness intends to move it.

[Baroness Gardner of Parkes]

I do not.

[Lord Beecham]

In that case, I will simply commend these amendments.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, I thank my noble friend Lady Gardner of Parkes for tabling these amendments and the noble Lords who participated in the debate: the noble Lords, Lord Beecham and Lord Tope, and my noble friend Lord Swinfen.

In relation to Amendment 9 relating to public holidays, as I indicated in Committee, I have sympathy with it. It seems to be a common-sense provision. I am more concerned about Amendment 10 in relation to August and Christmas. It makes assumptions about holidays which, while often true, may not always be true. There are other holiday periods. So I am more concerned about that, but I am very happy to talk to my noble friend about it.

I will undertake to implement the provision in relation to public holidays by the end of this year. I would like to be able to talk to local authorities about it. With the firm undertaking that we will implement this in relation to public holidays later this year, which we can do by secondary legislation, and my offer to talk to my noble friend about August and Christmas, which I want to have a discussion about because the amendment raises wider issues, I hope that she will withdraw her amendment.

[Baroness Gardner of Parkes]

Will the Minister clarify when he will talk to me about this? Is he planning to talk prior to Third Reading or at a later stage?

[Lord Bourne of Aberystwyth]

My Lords, I had not given it much thought; obviously I have quite a lot on between now and Third Reading. On the basis that my noble friend has the undertaking that we will definitely do what she wants us to do in relation to public holidays by the end of the year, the discussion is less urgent because this would not be something that we would do at Third Reading. However, if my noble friend particularly wants to meet before Third Reading—we do not have a date for Third Reading yet, with any certainty—I would be happy to do so.

[Lord Bourne of Aberystwyth]

The difficulty relates to the other amendment. It is only fair that we inform local authorities and have a discussion with them by the end of the year. I do not think that that is unreasonable. If my noble friend is asking about the other provision, it raises other concerns. The other provision is a common-sense provision, but I would like to make sure, in accordance with my approach, that we have an appropriate dialogue with those who are affected.

[Baroness Gardner of Parkes]

I welcome what the Minister said. It sounds as if he is thinking kindly of Amendment 9, which is so clear-cut that I cannot imagine anyone opposing the idea. But the holiday issue is important to families and, as has been said, to officials in the various authorities. Will the Minister clarify whether, if he brings this out in secondary legislation, we could hope for it to be looked at a bit more rapidly? As he knows, I have been quite disappointed at how long things have taken in relation to the Housing and Planning Act 2016. It went on interminably without us ever seeing any regulations. So if he proposes to deal with this through secondary legislation, I would like an assurance that it will be fairly soon—and if we could have a quick word before Third Reading, that would be helpful, too. Perhaps he could confirm that.

[Lord Bourne of Aberystwyth]

My Lords, I have given an undertaking to take this away and implement it by the end of the year. It could be that we could expedite it before that, but I have given a very firm undertaking to act on it. I do not think that I have been slow at all. I note what my noble friend said about the Housing and Planning Act, but that was not discussions that we had; I was not involved in that legislation.

I am also very happy to take away the other issue and have a look at it to see whether there is anything we can do in relation to it. However, as I think my noble friend will accept, there are other considerations about when people go away—Easter and so on—so there are broader concerns. My noble friend is right that it is a common-sense provision; it may be that we can expedite it more quickly than the end of the year, but that is the undertaking I will give. I am very happy to meet her in short order when we can both find time in our diary to have the discussion, if that is acceptable to her.

[Baroness Gardner of Parkes]

I am sorry to have made a bit of an issue out of all this, but the Minister has been very good in clarifying what he has said. I pin my hopes on him doing what he said and beg leave to withdraw the amendment.

Amendment 9 withdrawn.