Draft National Planning Policy Framework

Baroness Hanham Excerpts

Thursday 27th October 2011 Grand Committee

Moved By

[(Baroness Hanham]

That the Grand Committee do report to the House that it has considered the Draft National Planning Policy Framework.

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

My Lords, the Government’s intention to hold a debate on the National Planning Policy Framework, consultation about which has just closed, was rather pre-empted by the Opposition in calling one last week. We have also had detailed discussions during the course of the Localism Bill, so we have had many bites at this particular cherry. However, I do not think that that is a bad thing. The views of noble Lords are always worth having and planning is of fundamental importance to our society. It is the bedrock of our country. It affects our environment and heritage. It affects where we live and where business is sited. It protects our countryside, heritage, green and open spaces and our environment in general. It helps to stimulate and grow our economy and provide employment opportunities for local people. In order to thrive as a society and as a nation, we need a planning system that works.

Through the development of the new National Planning Policy Framework, and the Localism Bill, which this House has spent a good amount of time debating, significant changes are being made to the planning system. In particular, local people will be given a greater involvement in the decisions about the shape of their area. We are also changing our approach to national planning policy. Over time, the volume of statements and guidance have burgeoned exponentially, becoming ever more wordy, complex and opaque. This Government inherited a set of national planning policies that run to more than 1,000 pages. Not even the most committed members of local communities can hope to navigate policies of that length and complexity without expert help. As a consequence, a great deal of power and decision-making rests in the hands of experts and too little in the hands of those who are affected by planning decisions. We have a system that has become bureaucratic when it should be democratic. This is one of the reasons why the Government are determined to streamline and focus national policy.

In July, we published our proposals to streamline policy to just over 50 pages. Our aim was to express clearly and powerfully the principles that should help guide local authorities in planning for their local areas. We think that anyone who wants to read and understand policy should be able to do so, and that the system can and should be made clearer and more transparent. That is the thrust behind the National Planning Policy Framework and the withdrawal of the current mass of directions.

At the very heart of our reforms is the idea that planning must be positive. It would be an abdication of responsibility to the next generation if we continue to fail to provide new homes. Already, partly because of a lack of affordable property and for a number of other reasons, young people struggle to buy without help from their families, and four in five under-30s have no prospect of obtaining a mortgage to buy on their own. Not only do we need housing and new homes, we need to deliver the infrastructure to support them from high-quality public transport to energy, which is vital to helping us make the transition to a low-carbon economy.

To achieve these aspirations, planning must not simply be neutral and passive. It must help communities shape their future. It must seek out opportunities for responsible, sustainable growth. This idea is not new. It is planning at its best, exemplified by the post-war Government that rebuilt towns and industries devastated by war.

Contrary to the views of some, planning has never been either simple or uncontroversial. It has long been recognised that without control of development, the uses of land, whether economic, environmental or for the community, cannot be reconciled. The emphasis on sustainability of land use needs to be guided through agreed plans.

The interpretation of what we are now trying to achieve has unfortunately been wildly misinterpreted over the weeks of the consultation on the National Planning Policy Framework. It is easy to exaggerate the depth of contention over this. As the noble Lords, Lord Rooker and Lord Howarth, eloquently made clear on 13 October, the rhetoric of opposition to our proposals has become somewhat overblown. None the less, it is abundantly clear that the Government and many of those opposing the draft framework share a great deal of common ground.

We agree that economic development should not be the be all and end all, as the Prime Minister said. We need a balanced system, bringing together economic, social and environmental objectives. We are clear that planning decisions must and will continue to take into account those three factors.

We agree, too, that communities should wield real power and that local plans, developed by authorities in close co-operation with local people, should have primacy. The abolition of regional spatial strategies and the streamlining of approvals for local development frameworks will help this.

We agree that we should prioritise building on previously developed land. No one, least of all this Government, wants to see houses built on beautiful open spaces when there are previously developed sites crying out to be brought back into use. In other words, many opponents of the draft framework want the same outcome as the Government: perhaps we differ only in how it is to be achieved.

Our current draft framework states that authorities should prioritise land of “least environmental value” for development. We chose “least environmental value” rather than “brownfield” because in many cases previously developed land has turned into places treasured by local communities as oases of green and quiet where wildlife and nature have taken over.

The evidence suggests that local authorities use that flexibility responsibly. Councils have a strong track record of choosing brownfield first. The current national policy sets an ambition for 60 per cent of new homes to be built on brownfield sites, but some councils are already building 80 per cent of their new homes on brownfield land. They understand the arguments and go well beyond what is specified nationally because it makes sense locally.

As part of the consultation on the draft framework, we heard a range of helpful comments from many organisations including housebuilders, regeneration groups, English Heritage, the Royal Society for the Protection of Birds and many more. They raised important points. Some want to look in more detail at the definition of “sustainable development” to ensure that it reflects current thinking. Others have questions about implementation: whether there should be transitional arrangements between the abolition of the regional spatial strategies and the completion of local plans.

Other respondents examined specific sections with a fine-toothed comb: for example, the proposals for Town Centre First, where we see strong support for the principle of ensuring that there continue to be busy, bustling, relevant high streets. In the consultation we asked whether the right balance had been struck. Now we can give this close consideration in the light of views from shopkeepers, residents and planners. In London, we have heard that we need to be clearer about how the framework relates to the mayor’s London Plan.

The consultation has just closed and the proper thing for us to do is listen and reflect. Noble Lords will understand that I cannot set out any conclusions today on the issues on which we have been consulting. Indeed, it would be improper for me to do so. We will read every single submission that has been made and we will test and retest our wording to make sure the impact of our proposals matches our intentions. We will carefully consider the views expressed in this House both during the Bill and in these two important debates. We have made a commitment to publish our response by the end of April; if we can do it earlier, we will do so.

We need to seize this moment to make sure that planning genuinely does its job: not to create bureaucracy, delay and frustration, but to shape places that people are happy to call home, where they want to work and raise their children; to create communities that are not just functional, but inspirational, and to protect the green spaces and our heritage that are an inalienable and invaluable part of our past and future. I look forward to hearing the contributions of noble Lords.

--- Later in debate ---

[Baroness Hanham]

I thank all noble Lords for their contributions. It is the second time that we have had this debate in a week; it is remarkable how much the contributions have differed from the last time. A great deal has been added by what people have said and new areas have been opened up. As the noble Lord, Lord McKenzie, said, I am treating this as part of the consultation process. I will not be able to comment on everything that people have said, but I shall try to cover some of the general headlines. I appreciate the various interests and expertise around the table today.

The consultation has been pretty widespread. We have had 14,000 replies, which will have to be scrutinised, and two debates in the House of Lords. I have promised that everything that has been said will be taken into account. There has been one debate in the House of Commons and the Localism Bill has been discussed in both Houses, so I think we have given these areas pretty detailed scrutiny. The NPPF is launched. The final version will not be available until early next year. It might be later or earlier than that; it depends how quickly we can get on with it, but it will then be the final guiding document for all planning thereafter. Whether it will grease the sides for noble Lords, I do not know, but it has already contracted down. There is a divergence of view on whether or not the contraction has lost something of the flavour of what planning processes should be about. We think that it falls somewhere in the middle, but we will need to talk that through and see whether more provisions need to be added. I do not know what size it will end up being. We hope that a whole batch of following guidance will not be needed. After all, the whole rationale of the NPPF is to try to get rid of thousands of pages of guidance and policies that have had to be taken into account and to make the process easier. If we are to ask local people to develop neighbourhood plans which will support this planning process, they have to be able to understand what they are trying to achieve. If they do not, that process will be a waste of time and will require far too much support from the ground to ensure that it is carried out properly.

We are beginning to structure a new system of planning not only with the NPPF but with the Localism Bill. That system will rightly take account of the growth that we need but that will not be the be all and end all. We badly need housing in this country, as has been said by a number of noble Lords. However, we also need to make room for business. The noble Baroness, Lady Valentine, drew attention to the fact that business cannot be excluded. If we want jobs, we need to support growth and business to help us move ourselves out of the rather difficult economic situation we are in. Business is vital. A very high percentage of young people aged between 16 and 24 are out of work and have never had a job. They need training and apprenticeships and all that business can offer.

The noble Lord, Lord Cameron, drew attention to the value of providing workspace in the countryside. I support that. I do not think the NPPF moves away from that in any way. We are very conscious that our beautiful countryside provides relaxation for people but it is also a working area. The noble Lord, Lord Williamson, said one had to remember that the countryside is where we grow our food, raise cattle and engage in rural activities and businesses. The noble Lord, Lord Cameron, drew attention to the number of businesses that start up in the countryside, so it is all-encompassing. We very much want to ensure that by the time this planning process is put in place it will have a long lifespan and will not need to be changed again.

An enormous number of questions has been raised and I will try to answer some of the more general points. If I feel afterwards that somebody has raised a specific question that cannot be answered at this stage, I will make sure that it is answered. I say at the outset that that will be the situation with the noble Lord, Lord Avebury, who has asked a number of very detailed questions about the Gypsy and Traveller policies. I will be able to answer or give a flavour of some of that but I will not be able to go into all of the detail. However, I will see that we send a letter to the noble Lord that takes detailed account of what he has said. After all, we have just completed a consultation on Gypsies and Travellers. We have not yet finally viewed everything that is in it, but it is going to play a part in how arrangements are made and sites are allocated in the future. The noble Baroness, Lady Whitaker, also took up those points.

The noble Lord, Lord McKenzie, asked a number of questions. I will start with what the transitional arrangements will be between the regional spatial strategies and the National Planning Policy Framework. We have not decided yet what, if any, transitional arrangements there should be, but we see that you cannot get rid of the regional spatial strategies and not have something else. There is also, of course, the point—and the noble Lord, Lord McKenzie, made it very clearly—that one of the problems about this process is that very many councils have not yet completed their local development framework, which I think was part of the Planning and Compensation Act 2004, which the noble Baroness, Lady Andrews, and I laboured with to some extent. That is probably one of the best reasons why one should be cautious about transitional arrangements, because the arrangements from that Act were transitional—people were going to be able to produce their new policies, and somewhere along the line an awful lot of councils have just sat down and not done enough about it. However, those plans are important and they are going to have to be put together. There will be a speeded-up process. The planning inspectorate and the Minister, Greg Clark, are already in discussions as to what is needed to streamline and quickly get the policy through. They form the background and the base for future strategies.

We will come back to transitional arrangements in due course, but I understand what the noble Lord is saying. With regard to further consultation as planning policy is developed, we have undertaken the most enormous amount of consultation over the past three months—there have been 11 regional workshops and Ministers and officials have all met many partner organisations. The noble Lord, Lord Cormack, has brought people to see me and we have talked to the noble Lord, Lord Jenkin, and the noble Baroness, Lady Andrews. The House and external organisations have all had an opportunity to put their views. That, of course, also goes for the National Trust, which has put its views firmly but is now a bit calmer over some of the issues. I think that we probably need now to get this pulled together, assembled and turned into a final document which is put out, so that there is no more gap between the policy and its use. We need to get on with that.

The noble Lord, Lord McKenzie, also raised the question of the strategic environmental assessment. I confirm that, as the national planning policy framework is guidance rather than a legislative statutory document, it is not a plan or programme that requires a strategic environmental assessment under the strategic environmental assessment directive or the Environmental Assessment of Plans and Programmes Regulations 2004. I thought noble Lords would want to know that so that they can look it up. We have undertaken an impact assessment of the NPPF, which has been published and has been quoted several times this afternoon. It addresses the environmental, social and economic impact of our draft policy.

Those words lead me to sustainable development. There have been many questions raised about sustainable development, and a demand for an explanation. I am not too close to Monday to say that we have thought very carefully about putting this in the Bill. I said at our last sitting that that would be something that we would be looking at. We now believe that the proper place for this is in the framework.

There is still an enormous number of questions about how much sustainable development is included, and how it is best included in planning. There are the five pillars of which we are all very well aware. There are people who would like to put in at least another two or three. We have to ensure that this is relevant to planning and we will want to develop that further. The five pillars are still in the NPPF but we may want to look at that again.

The noble Lord, Lord McKenzie of Luton, raised the question of the timing of the regional strategy revocations. I do not think that I have covered that yet. They will be revoked by order. A consultation is taking place on that at the moment. It is a voluntary consultation carried out by the Government to ensure that the environmental assessment of regional strategies is understood and people have commented on it before they are abolished. Once that has been taken care of, the regional strategies will be revoked and the local plans and the NPPF will be the guiding spirit.

The noble Baroness, Lady Whitaker, mentioned design. I absolutely agree with her: design is one of the elements of planning that we really need to take into account. It is well supported within the NPPF, where it is made clear that planning permission can be refused for a development which is of particularly poor quality. The noble Lord, Lord Cormack, in his wide-ranging speech, gave us many good reasons why, in the past, some developments should have been refused. The benefit—or not—of those developments remains with us. Such developments can now be refused and planning authorities are required to give weight to good and outstanding design. Sometimes it may be that the design is unusual within the area, but we know that there are many very good buildings that have been built in different parts of the country. Design is something which people disagree about, but it is in the planning framework that we can take account of it in planning approval.

I have touched on Gypsy sites and the voluntary consultation on this matter. We will be looking at that consultation document soon.

I hope that I have covered the question of the countryside. We are fully committed to protection of the countryside, and understand and value all that it provides for us. The noble Baroness, Lady Andrews, carefully supports heritage. We truly support maintaining protection for our heritage. When we get to neighbourhood policies, heritage will be almost more protected because local people tend to be strongly in favour of something around them that has heritage attached to it. I suspect that there will be great enthusiasm to ensure that that is maintained in the way the noble Baroness, Lady Andrews, would want us to do.

With regard to what the noble Lord, Lord Strasburger, said about world sites, I think that I am right in saying that those would be covered as well. The document does not call brownfield land “brownfield”—it calls it “land of lesser value”—but the implication, if nothing else, is that it is land which has been previously developed and is capable of being redeveloped. As I said in my opening speech, 60 per cent of building has already taken place on brownfield land and we expect that that will always be the first point of call—unless, as I said, it has already been adopted or adapted for some other use which local people wanted. There is no disagreement about the fact that such land should be developed first and foremost and that the green belt should be protected, as it is under the document. There should be limited development on greenfield sites only under special circumstances.

Those special circumstances might fit neatly into what we were talking about in providing small developments in the countryside. There will be areas where it is appropriate to have a small number of affordable houses for workers and other people who live in the countryside. The right reverend Prelate and my noble friend Lord Reay asked about the status of our plan. I have probably covered that. I hope that I have gone through both the policy and the practices.

[Lord Cormack]

I am most grateful to my noble friend for giving way. The noble Lord, Lord McKenzie, asked about parliamentary participation in the final stage of the revised plan. My noble friend indicated earlier that there would be a proper opportunity for the revised plan to be debated on the Floor of both Houses. Can she confirm that?

[Baroness Hanham]

I may have been so cautious that I did not get my point across. I mentioned earlier that we have undertaken a great deal of consultation already, but consideration is being given to whether there should be further parliamentary discussion on the final document. That has not been decided, but the Select Committee inquiries and the CLG inquiry are already under way, so there is plenty going on. I shall have to come back in due course to noble Lords as to whether there will be further consultation on the final document. I suspect that the answer may be no.

[Lord Cormack]

If the answer is, regretfully, no, I hope that there will at least be the opportunity to debate the final document.

[Baroness Hanham]

My Lords, that is not in my hands but in the hands of the business managers, but I hear what my noble friends have said.

[Lord Reay]

I do not think my noble friend has answered the question that I put to her. What is the status of the local plans that have been adopted by local authorities? Some of them will have been adopted quite a long time ago. Will they automatically become out of date when the NPPF is adopted? Will they therefore need to be revised or not? Who will decide whether that is the case?

[Baroness Hanham]

My Lords, the local plans will remain part and parcel of the requirements that people have to pay attention to. Those that have already been developed can and should be updated. That is going to be done on a fast-track basis. I said earlier that discussions were going on with the inspectorate. Those policies that have relied on the regional spatial strategies will maintain until and unless they are changed, and with the adoption of the National Planning Policy Framework. Where they are completed, they are the supporting documents; where they are not completed, they will have to be completed as quickly as possible. In between that, account will have to be taken of the national planning policy framework in any decisions being made.

[Lord Greaves]

Before the noble Baroness sits down, can she just clear up one point that has been raised? Who will have the responsibility of issuing the certificates of conformity on those local plans and local government frameworks that have already been adopted?

[Baroness Hanham]

My Lords, the planning inspectorate will be responsible for issuing the certificates and also for ensuring that the fast-tracking of plans is put in hand.

[Lord McKenzie of Luton]

The noble Baroness has been very generous with her time, but, just for clarity, if there is a local plan which is otherwise bang up to date, would the introduction of the NPPF itself cause that to be out of date or incomplete?

[Baroness Hanham]

The answer to that is no, quite categorically. It is not going to be out of date but the NPPF will then be a matter that has to be taken into account alongside it.

I hope that I have dealt with the more general aspects. If there are specific aspects that I need to take up further, of course I will do that. I again thank noble Lords who have taken part and who have given us the benefit of their advice, for which I am very grateful. I am grateful for the many and calm contributions we have had this afternoon. With that, I beg leave to conclude the proceedings.

Motion agreed.