Neighbourhood Planning Bill

Baroness Hodgson of Abinger Excerpts

2nd reading (Hansard): House of Lords
Tuesday 17th January 2017 Lords Chamber

[Baroness Hodgson of Abinger (Con)]

My Lords, I declare my interest as a director of a company that occasionally undertakes small-scale, high-quality local developments, as recorded in the register of your Lordships’ House. It is a pleasure to follow my noble friend Lord Framlingham, and I absolutely agree about the importance of ancient woodland and the need for trees. By this stage of the debate many issues have already been raised, but I hope your Lordships will allow me to add some points.

This is a hugely important Bill. We all understand that there is a housing crisis in this country. Having a home is important to us all, as well as helping social cohesion, and we need to help everyone who aspires to own a home to achieve this.

However, while new homes are badly needed, as my noble friend told us at the beginning of the debate, it is important that they are built in the right places, and that quality and design are carefully considered—not just quantity. We need to provide the additional homes without adversely affecting the communities that already exist.

I hope that one thing that the imminent White Paper will do is examine the causes of this housing crisis, which I think are multiple and complex. Nowhere is the crisis more severe than here in London. It is now very difficult for young people to rent, let alone buy, property here. Enormous numbers of foreign buyers have purchased residential property in the UK, particularly in central London, which often lies empty. I appreciate that some overseas investment is healthy and necessary, but this sector has become overheated and the result is now crowding out the settled population. Surely we must ask what we are going to do about such issues.

The issue of planning permissions being given but houses not built and land banks held by developers until prices rise has already been raised. What is the accurate situation? These pipeline figures are important.

Last year, I spoke on the Housing and Planning Bill about the importance of designing buildings that will enhance the community, that are sensitive to existing architecture and local housing layout and that use local materials. To be sustainable, we must be building homes that people will still want to look at and live in years from now. Having worked as an interior designer, I am only too conscious of the effect that surroundings have on people. Unattractive, low-quality housing is not truly sustainable and will short-change those who buy it. Bad housing can also lead to wider social problems, and even impact on mental health. I hope that your Lordships will forgive me quoting Winston Churchill:

“We shape our buildings; thereafter they shape us”.


Too often, developers are building houses that do not differ between communities. Although provisions are in place for local authorities to insist on local styles, it seems that frequently this is sacrificed in favour of lower costs per home.

I am very concerned that inhibiting pre-commencement conditions without the agreement of the applicant could lead to poorer-quality developments. As has been stated, they are a protection for communities.

We are a Government who won an election on an agenda of localism. Our manifesto pledged to ensure that local people would have more control over planning and to protect the green belt. But I worry that the Bill does not strengthen the agenda of localism and may indeed go some way to achieving the opposite.

Planning has become a complex issue. Although it is welcome that councils engage in consulting on neighbourhood and local plans, I have seen a consultative document that ran to several hundred pages and was incomprehensible to someone such as me who is not well versed in planning. Thus consultation is perhaps sometimes being honoured in the letter rather than the spirit. Consultations need to ask people in a way that the man and woman in the street are able to understand and answer, and should be reasonably succinct, otherwise people will not engage. Have any evaluations been carried out of these consultations and have local views been taken into account? Otherwise, this exercise can simply be box ticking.

Developers are allowed to appeal if they do not get their planning permission granted. Why are locals not allowed to appeal when planning permission is granted and they are fighting against it? That is hardly fair. We heard a moving contribution from my noble friend Lady Cumberlege. We need to ensure that local people are listened to.

I welcome the fact that building on brownfield sites is encouraged. However, I am concerned by reports that planning permissions have been given in areas of outstanding natural beauty. Maintaining protections for these areas also featured in our 2015 manifesto. The green belt was established to protect our countryside. Once we lose our precious countryside, it will be gone forever. I had understood that the Secretary of State, shortly after his appointment, said that the green belt was sacrosanct—yet I understand that he allowed about 6,000 homes to be built in Sutton Coldfield on green belt land, which was strongly opposed by local people. I know that the Minister will say that he cannot comment on specific cases, but will he please reassure us that this will not happen again? To add extra protection, surely it would be best to remove the new homes bonus from houses built on greenfield sites, as this would add incentive to utilise brownfield sites. Perhaps my noble friend will consider this.

It is disappointing that the Bill does not appear to encourage new housing to be carried out by small local builders, who should be more responsive to local need and intrinsic style. Frequently, big developers get the contracts, and too often their concern appears to be mainly financial gain, building in a stereotypical style and not in local materials. The fact that they are often building a large number of houses on a field means that the development appears bolted-on and does not blend in with the existing layout, and thus does not enhance the local community.

Clause 39 states that regulations are to be made by statutory instruments. Will the regulations be ready for us, at least in draft, by the time we reach Committee?

Before I close, I will quote from an article written by Matthew Parris in the Spectator about a week ago entitled, “An age of bright new lights on ugly new estates”. He wrote:

“Almost without exception, the most visually depressing neighbourhoods are housing estates, streets or even whole townships that were put up quickly and at the same time: system-built in order to realise economies of scale and simplify construction. Such house-building has had the wretched effect of turning many ‘estates’ into closed and ill-regarded neighbourhoods”.


Although I understand that we need more homes, and welcome policy that seeks to simplify the planning process, we must always ensure that new housing is fit for purpose. This means developments that will serve as sustainable and valued homes for generations and as sensible, appropriate and welcome additions to the communities they are built in.

Neighbourhood Planning Bill

Baroness Hodgson of Abinger Excerpts

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

[Baroness Hodgson of Abinger (Con)]

My Lords, I speak with humility because I am not an expert in planning, but I do so because of the concern that this clause does not support the agenda of localism. My understanding is that if this clause stands, building may start before details have been agreed. Will my noble friend tell us what provision there is for local people to object to building once it commences? It seems to me that once building starts it is very hard to stop it rolling on and for local people to really have any input into whether it is acceptable. I also understand that pre-commencement conditions are one way to ensure appropriate design and quality, and that buildings are put in the right places. We have heard about drainage and flooding, but there is also the issue of whether these conditions enhance their local communities. I am concerned that this clause appears to load the dice against what local people may wish and I do not feel this is what we were elected for on our agenda of localism.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who participated in the discussion and debate on these non-government amendments—specifically my noble friends Lord True and Lady Hodgson, the noble Lords, Lord Kennedy, Lord Shipley and Lord Judd, and the noble Baronesses, Lady Parminter and Lady Andrews.

Before I address each of the amendments tabled by the noble Lords, I will make some generalised points about the position regarding pre-commencement conditions. The absence of pre-commencement conditions does not mean that one can start work automatically. The pre-commencement conditions, once agreed—or if there are none—enable the developer, for example, to raise finance and perhaps to put a construction team together with the security of knowing that he is likely to have permission, but it does not mean that the work will begin. Nor do the provisions of Clause 12 prevent local authorities with gumption—which is most of them, and many noble Lords here represent them—from agreeing conditions. It absolutely provides that conditions can be reached by agreement with the developers and this is what would happen in many cases. We make it absolutely clear that this is not preventing agreement between the parties, which I am sure would happen in the vast majority of cases.

Let me deal with the amendments in numerical order, if I may, so that I do not come to that of the noble Baroness, Lady Parminter, until later. I note that Amendment 29 was also tabled in Committee in the other place. The explanatory statement accompanying it explained that the intention, which was also made clear by the noble Lord, is to ensure a local voice in judging local circumstances and the impact of planning decisions. This intention is admirable, and it is absolutely the Government’s aim that the planning system remains centred on community involvement.

Subsection (1) is about ensuring that the well-established policy tests for conditions are adhered to. The proposed power for the Secretary of State to prescribe what kind of conditions may or may not be imposed, and in what circumstances, may only be exercised as provided by subsection (2) where such provision is appropriate for the purposes of ensuring any conditions imposed meet the policy tests in the National Planning Policy Framework. Those tests are reflected in the wording of subsections 2(a) to (d) of new Section 100ZA, which means that the Secretary of State can only use this proposed regulation-making power to ensure that any condition imposed on a grant of planning permission seeks to make the development acceptable in planning terms—in other words, that it is consistent with the National Planning Policy Framework —is relevant to the development and to planning considerations generally; is sufficiently precise to make it capable of being complied with and enforced; and is reasonable in all other respects. In other words, the Secretary of State may make provision in regulations only if such provisions are in pursuit of those policy tests.

For example, as set out in the Government’s consultation on these measures, we are considering prohibiting conditions that planning guidance already advises local planning authorities should not be imposed. These include conditions which unreasonably impact on the deliverability of a development, such as disproportionate financial burdens; which require the development to be carried out in its entirety; and which reserve outline application details. The Government have no intention of using this power to prohibit the use of any reasonable and necessary conditions that a local authority might seek to impose to achieve sustainable development in accordance with the National Planning Policy Framework, including conditions relating to important matters such as archaeology and the natural environment. The Government believe it would be detrimental to the planning process for regulations made under new Section 100ZA(1) to provide for local authorities to make exceptions to the prohibition of the use of certain conditions. To do so would create uncertainty for applicants and additional bureaucracy.

In fact, during our consultation on this measure, local authorities agreed overwhelmingly that conditions should be imposed only if they passed each of the national policy tests. As an assurance for local authorities and other interested parties, subsection (3) of new Section 100ZA includes a requirement to carry out a public consultation before making regulations under subsection (1). It is fairly clear what a public consultation is, and if a national condition is being talked of you would expect a condition on a national basis. If it is more localised—one cannot generalise: cases may differ; they will not all be the same—it will be dealt with according to the law regarding public consultations. I may write to noble Lords to reassure them on how that issue will be addressed, but the Bill makes it clear that, in talking of a public consultation, there is no intention to make this exclusive, and the local authorities will certainly be involved. That will afford the opportunity for local views to be put forward as part of the process of determining how the power will be exercised.