Neighbourhood Planning Bill

Baroness Parminter Excerpts

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

[Baroness Parminter (LD)]

My Lords, like other noble Lords, I welcome the aspirations in the Bill to build more homes and the potential of neighbourhood planning to help in a discrete but important way. I certainly concur with the comments of the noble Baroness, Lady Finn, that this was one of the proud moments of the coalition Government. It was one area where both parties saw the value of giving local people a stronger say in planning communities for the future. Therefore, it is right that we are returning today to this issue, to ensure that we create the best conditions for those plans to be drawn up. In my contribution, I wish to return to the issues that I raised during the passage of the then Housing and Planning Bill; namely, how we create the conditions to encourage more communities to prepare more neighbourhood plans and to ensure that the buildings that result from that contribute to a sustainable future for those communities.

The first issue is that of encouraging the creation of neighbourhood plans and giving them due weight. As the Minister rightly said, we know that neighbourhood planning delivers 10% more homes. It also ensures that communities have a say in the shape of their area, which means that the new buildings are more welcome. I am sure I have no need to remind the Government or the Minister how strongly the House felt about this issue and about the need for due weight to be given to neighbourhood plans, which resulted in the Government being defeated twice in this House during the passage of the Bill. On the basis of that, the Government promised to return to this issue in due course, as long as the House did not push the matter at that time. So return again we now do.

The Government’s policy fact sheet contends that Clause 1 of the Bill and Section 156 of the Housing and Planning Act 2016 are sufficient to address the concerns that we raised. I say emphatically that they are not. I welcome Clause 1, but it does not go far enough in giving neighbourhood councils the reassurance that the time and effort is worth while. I echo very much the comments of the noble Baroness, Lady Cumberlege, who outlined the work by local people that goes into putting together these neighbourhood plans and how, at the moment, the Bill does not give reassurance to individual communities that they have the protection to ensure their plans will be delivered. Nor does it give potential areas the incentive to take the time and effort to bring forward future plans, which we know deliver more homes.

Clause 1 says that local authorities must “have regard” to neighbourhood plans, but there are no sanctions in the Bill if they do not act on them, and this applies only to post-examined plans, when case law says that draft plans should be taken into account. The Bill is the vehicle to strengthen the weight of communities’ views expressed in neighbourhood plans, such that they should not be ignored by local planning authorities or the Planning Inspectorate. Some volunteers work 20 or 30 hours a week and have extremely limited financial resources, particularly if they are not a parish council. My contention is that the Government are insufficiently supporting them in those endeavours to build stronger communities and deliver more homes. It is welcome news that the Government intend to bring forward amendments on this issue. Will the Minister tell us at what stage we will have sight of those? At the moment, I serve notice that we will be bringing forward amendments on this matter in Committee.

The second issue is making sure that those homes are more sustainable. Although we were not able to persuade the Government during the passage of the then Housing and Planning Bill of the need for primary legislation on the issues of carbon-compliant homes and protecting residents and properties from increasing flood risk, we welcome the two reviews that the Government are undertaking on those issues. It is interesting to see that other Governments, notably in Wales, have realised the need to break the policy stalemate on sustainable urban drainage systems and are powering ahead with their own review. I look forward to the Government making progress on both these issues when their reports are completed in the spring. However, we intend to use the Committee stage of this Bill to flesh out some of the hopes we have in the area of carbon-compliant housing. I am sure that my noble friend Lord Stunell will refer to this later. We will also identify concerns we have about measures in the Bill that impact on future success in this area.

Pre-commencement has been raised by a number of noble Lords. It is one of the tools that authorities use to improve sustainable urban drainage system provisions where developers put forward a weak plan. SUDS are an important tool in reducing surface water flood risk, as well as improving water quality and amenity and providing habitats for wildlife. Curtailing local authorities’ ability in this area is potentially a step back for sustainable urban drainage, at the same time that the Government are notionally looking at a way forward. I agree that planning conditions imposed by local planning authorities should be reasonable and necessary. However, pre-commencement conditions should be seen as a positive tool to ensure that permission can be granted.

Although I agree with the comments of the noble Baroness, Lady Finn, on the coalition’s commitment to neighbourhood planning, I strongly disagree with her assertion that pre-commencement conditions are a major cause of delay. I ask that the Minister, when he writes to us, talks further on this issue and gives concrete evidence of where pre-commencement conditions are a major obstacle to bringing forth new development. There is a real and substantive risk to our natural environment, heritage and culture as a result of what seems to me to be no more than protests from those in the development industry.

The Minister talks about protecting valuable pre-commencement conditions. However, the only way to do so is to turn down the entire application. Will a local authority do that when the development is supported by a neighbourhood plan and members in the chamber but has drainage provisions that are not quite ideal? If they are prepared to do that—it is a very big if—frankly, that slows down the whole planning process for a broadly supported development. It strikes me that that is not the right way forward. It seems clear to me that the ability of local planning authorities to apply pre-commencement conditions should be retained to ensure that development is environmentally and socially sustainable, particularly to protect residents and property from increased flood risk. We will certainly bring up this matter in Committee.

Finally, another issue I wish to return to, which I raised during the course of the then Housing and Planning Bill, is that of any changes to legislation around inalienable land. I am aware that the National Trust is concerned that the Government’s proposals in this Bill on temporary possession would reduce protections for its inalienable land. This is a subject that the noble Baroness, Lady Andrews, raised during the Housing and Planning Bill debates, and we both intend to cover it in more detail in Committee.

Neighbourhood Planning Bill

Baroness Parminter Excerpts

Committee: 1st sitting (Hansard): House of Lords
Tuesday 31st January 2017 Grand Committee

[Baroness Cumberlege]

My Lords, I also have amendments in this group. The first states:

“The Secretary of State must, by regulations made within one month of the coming into force of Part 1, define ‘modification’ for the purposes of this Act.”


The Whips’ Office decided to amalgamate this amendment with those of my noble friend the Minister because it is about definitions, as are some of his.

Legislation is very taxing—I suspect that we might feel a little older at the end of this Bill—but it is taxing because of the terminology. As a latecomer, I am only just learning planning speak and that is because of some of the weasel words—I referred to them earlier—that creep into it. It was Voltaire who urged, “If you wish to converse with me, define your terms”. I therefore ask my noble friend to define “modification”. Please can we have some examples? For instance, five houses in a hamlet on the wrong site could be devastating; five houses in a large town could easily be fitted in. So where is the line drawn on modification? What does that word mean?

My second amendment in this group, Amendment 8A, also concerns modification and depends a little on my noble friend’s answer to my Amendment 8. In Amendment 8A, I plead that every modification made need not be treated as significant or substantial, requiring a full-scale rewrite followed by a referendum—I hope that that will not be the case. Paragraph (b) states that any modification must allow scrutiny by the residents of the neighbourhood plan. Paragraph (c) states that only if the parish and town councillors deem it necessary and want confirmation again that what they are planning is acceptable to the local community should they have the opportunity to hold another referendum. I am therefore seeking to give authority back to parish and town councillors and ensure that they still have a locus when either the local authority or the examiner makes decisions which might negate the plan.

[Baroness Parminter (LD)]

My Lords, my Amendment 64 is in this group. I think that is because part of it fits with the Government’s amendments, although mine in its entirety is somewhat broader about creating the conditions to encourage more local communities to prepare neighbourhood plans and to shape and build sustainable communities. I think everyone in the Committee can support that, whether we believe in the political ideology of taking decisions at the lowest possible level or, as the Minister rightly reminded us a few moment ago, because of the Secretary of State’s stated desire to build more homes, because we all know that neighbourhood plans deliver more homes.

Of course, this issue was raised in the Housing and Planning Bill, and the Bill before us is the Government’s response to it. I very much welcome Clause 1 and the government amendments that the Minister has just introduced, which are in part a response to the debate on this matter in the other place. But I contend that they still do not go far enough in giving neighbourhood councils and parish councils that are drawing up neighbourhood development plans the reassurance that the time and effort they are putting in are worth while.

Clause 1 says that local authorities “must have regard” to neighbourhood development plans, but there are no sanctions. Furthermore, this applies only to post-examined plans, whereas case law says that draft plans should be taken into account. As I say, I welcome the government amendments made in response to the matter being raised in the House of Commons, which make it a requirement of local authorities to consult with neighbourhood planning bodies, but they are not clear about ensuring meaningful consultation; for example, by specifying how long it should take or, critically, what duty the local authority has to take any comments into account.

My amendment would make clear what the consultation with neighbourhood plans on a planning application would actually mean, as well as the duty placed on a local authority to take those views into account. If a local authority then ignores those views, the decision can be called in. That is a very limited right. It is a right not for individuals, but only for parish councils and neighbourhood forums whose neighbourhood plans have progressed to at least the point of formal submission to the local authority for examination.

To date 268 neighbourhood plans have been made, out of a potential 9,000. If we are going to secure more neighbourhood plans, the Bill has to strengthen the weight of communities’ views, expressed in neighbourhood plans, such that they should not be ignored by local planning authorities or the Planning Inspectorate. In the Housing and Planning Bill, the Minister kept saying that there had not been any examples of this. I am delighted to inform this Minister that after a bit of skimming on my part of some past applications, I found at least one in the space of one afternoon. In August 2014 South Oxfordshire District Council approved the planning application for the development of two new industrial units in Cotmore Wells Farm in Thame, despite the proposed development encompassing 50% more land for employment than had been allocated in the neighbourhood plan. But frankly, whether or not there have been cases is not the point. The point is that neighbourhood plans can be overridden if there is no sanction.

As my noble friend Lord Greaves and others have pointed out, we are asking volunteers to give their time and energy, over years, to pull these plans together. I welcome the commitment in the Bill to improve the level of resources at their disposal but some volunteers are working 20 or 30 hours a week, with extremely limited resources, particularly if they are not a parish council and do not have parish council resources and a parish council secretary to push the matter forward. Why should they do it if there is no redress when a planning application contrary to a neighbourhood plan is approved by a local authority—driving, as I have often said in this Room, a coach and horses through everything that has been agreed?

I ask the Minister: why do the Government feel that they should give a duty to local authorities to have regard to neighbourhood plans, as they have stated quite explicitly in Clause 1, if there is absolutely no sanction if they do not? Do they really feel that that provides sufficient encouragement for more neighbourhood plans to be brought into being, which we all know we need and which will ensure that the houses we want to be built are built?

[Lord Taylor of Goss Moor (LD)]

My Lords, I shall speak briefly in support of my noble friend’s Amendment 64. As this is the first time I have spoken in Committee, I should declare my interests. Probably most relevant is that I am the president of the National Association of Local Councils, representing parish and town councils across the country. I have a number of interests around development, including my own consultancy. I am also a visiting professor of planning at Plymouth University and a visiting lecturer at Cambridge in the school of planning. So I have a range of interests in this area—some commercial, some unpaid. Perhaps even more significant is that I chair a neighbourhood plan process for Roche local council. That neighbourhood plan has now been examined successfully and we await a date for a referendum—yet another frustrating wait to get it addressed. That introduction is probably longer than anything I need to say.

I support the amendment, or at least its principles, because there is an issue where neighbourhoods have taken through a neighbourhood plan process and the local authority then approves something contrary to the wishes of that community. It does not happen with every application—it is only where the parish council itself opposes it. It then asks the Secretary of State to review it in a formal way. Of course, the Secretary of State has the power to intervene in any event, but it formalises a process. This is important for confidence.

I did not support Amendment 1. It did not recognise that there may be many reasons why a district authority might choose to support an application that is outside a neighbourhood plan. There may be wider strategic issues. The two processes of local plan-making and the evolution of the local planning authority’s policies may not align with the neighbourhood plan process. The neighbourhood plan may be out of date for that particular application. It may not have anticipated a particular issue leading to a planning application. Most significantly, a neighbourhood plan is done in the context of that parish’s needs, not in a wider strategic context, so neighbourhood plans do not always need to override these wider issues. This is not the point nor the understanding of neighbourhood planning where communities properly engage in the process. However, they have the right to expect that it is taken seriously. Sometimes there is a sense that the local planning authority does not take the neighbourhood plan seriously in the way that it should—when it suits it to do so, at least.

This formalisation of the process—the sense that there is someone that they can go to and have it looked at again—is a broad principle, although perhaps not quite the right mechanism, that the Government should be willing to accept. It would give some confidence to communities and answer those who feel that they are simply ignored and that there is nothing they can do. Whether or not this is true, a sense of injustice can arise. Lord knows, I have done the process and it is an awful lot of effort to get a neighbourhood plan in place. There is a need for some sense that there is a proper system for review if a neighbourhood plan is not followed.

[Lord Horam (Con)]

My Lords, I will comment briefly on Amendment 64 in the name of the noble Baroness, Lady Parminter. We all understand and sympathise with her point about the time and effort put in by volunteers. In cases of which I am aware, it is very often a very small number of volunteers who really drive it. They find it difficult to pull in people from the wider community. They have to work very hard to get any real response. This is my problem with the wording of the noble Baroness’s amendment. She talks about plans within an area,

“covered by a made or emerging neighbourhood development plan”.

“Emerging” is the crucial word. She then defines an emerging neighbourhood development plan as one,

“that has been examined, is being examined, or is due to be examined, having met the public consultation requirements necessary to proceed to this stage”.

In other words, it is very embryonic. We do not know what the final view may be.

To give an example, I know of a neighbourhood plan in the north-west of England where two or three people in the parish have got together some but not a lot of information about housing and development plans in their area—as much as they can find without much help. They then decided to hold a public meeting. They leafleted their entire parish and brought people together. Inevitably, although people said that they were interested and declared their concern, usually about the housing aspect, the people who turned up to the meeting were few in number, despite a large amount of effort. The people I am talking to became worried and said that they must broaden the consultation to community groups, which would take some time to get around to all the people they felt they should see. They thought they should make another effort at consultation, which might be attended by more people. They reckon that all this will take a year before they have a clear idea of what residents in their area want.

What is the amendment talking about? What stage of the planning and gathering of information is the noble Baroness talking about? It sounded to me as if it was early in the stage. What worries me about that is we do not necessarily know whether the initial ideas will be the same as the final ideas that come out of that prolonged process. Will she explain that to me?

[Baroness Parminter]

If I answer that question, perhaps the noble Lord might say, if I were to change my amendment to “post-examined”, whether he would be prepared to accept it. There is a debate about what is the appropriate time to give due weight to the emerging plans. The Government have moved back. We obviously have a different Minister now, but during the consideration of the Housing and Planning Bill the Government were not talking about post-examined plans. They realised that we need to add protection from an earlier point in the process.

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[Baroness Finn (Con)]

My Lords, I spoke strongly in favour of neighbourhood plans at Second Reading. It is great that there are so many champions of neighbourhood planning in all parts of the Committee. The plans embody the spirit of localism by allowing local communities to have control over their new developments and where they take place. While I therefore totally commend the spirit of the amendment tabled by the noble Baroness, Lady Parminter, I do not support its substance for the simple reason that I do not think it is necessary.

The Government have already acted to address substantively the concerns that the amendment seeks to address. I would argue that the measures in the Neighbourhood Planning Bill, together with previous reforms introduced in the Housing and Planning Act 2016, deliver much of what the amendment seeks to achieve. Clause 1 places a clear requirement on planning decision-makers to have regard to neighbourhood plans that are post-examination. That is clearly the right place and time to look at these as that is when plans will be sufficiently advanced. While decision-makers can take pre-examination neighbourhood plans into account, insisting that they should have similar regard to plans that might not yet take account of all material factors such as planning for necessary local growth and so on does not seem an entirely sensible way forward.

Again, the National Planning Policy Framework already clearly says:

“Where a planning application conflicts with a neighbourhood plan … planning permission should not normally be granted”.


The Written Statement in December further made clear that,

“where communities plan for housing in their area in a neighbourhood plan, those plans should not be deemed to be out-of-date unless there is a significant lack of land supply”.

That is under three years. This gives a degree of protection not previously available. I also welcome all the government amendments that require local planning authorities to notify automatically neighbourhood planning groups of future planning applications in their area. At present, they have a right only to request information but are not necessarily told. This amendment would greatly improve what is there.

Briefly, I will also address the proposal in the amendment to consult the Secretary of State if the local authority intends to grant planning permission that goes against an agreed neighbourhood plan. I would also argue that this is unnecessary. I understand the concern of the noble Baroness about the calling in but any neighbourhood planning group can currently request the Secretary of State to consider calling in a planning application to determine the outcome.

[Baroness Parminter]

My understanding is that they cannot do that unless it is a major application. Of course, in rural areas the majority of applications are not major ones because they are for fewer than 10 houses. That puts rural areas at a significant disadvantage because they cannot undertake that.

[Baroness Finn]

I concede ignorance but my understanding is that a number of planning applications have been called in. Perhaps that can be clarified. Basically, there has been significant movement on this and taken together all the current measures give sufficient protection to neighbourhood plans. The amendment proposed is simply not required.

Neighbourhood Planning Bill

Baroness Parminter Excerpts

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

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, first, it is good to see the noble Baroness, Lady Bakewell, back and looking in fine fettle. I shall speak collectively about government Amendments 28, 30, 35, 39, 40 to 43 and 50 to 55. I then look forward to hearing from other noble Lords on non-government amendments in the group.

Before discussing the detail of the government amendments, it may be helpful for me to set them in context. Clause 12(1) would introduce new Section 100ZA into the Town and Country Planning Act 1990. This would provide the Secretary of State with a power to make regulations about what kind of conditions may or may not be imposed and in what circumstances.

Planning conditions, when used appropriately, can be an effective tool in ensuring we deliver sustainable development. However, there remain concerns that some local planning authorities are imposing conditions that do not meet the well-established policy tests in the National Planning Policy Framework: that conditions should be imposed only where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. The purpose behind this power is to help remove costs and delays to the delivery of new development caused by the need to respond to unreasonable planning conditions.

The power will put on a statutory footing the national policy tests for conditions and, by reducing the number of unreasonable conditions imposed and which fail to meet the tests, help get more homes built more quickly once they have planning permission. I emphasise that in the exercise of this power, the Secretary of State must be satisfied that the regulations are appropriate for the purpose of ensuring that any condition imposed on a grant of planning permission for the development of land is, in broad terms, necessary, relevant, precise and reasonable. This will not impact on appropriate protections for important matters such as heritage, ecology and flood mitigation.

As drafted, Clause 12 allows the Secretary of State to exercise this power in respect of any grant of planning permission. This includes planning permission granted not just for a single planning application for a specific scheme, but by an order, which could be granted by the Secretary of State, the Mayor of London, local authorities or neighbourhood planning groups. Development orders can grant planning permission for a particular site or geographical area and for a variety of specified types of development. In the light of responses to the Government’s consultation on this new power, to which a response was published at the end of December last year, we have concluded that it is generally not appropriate to apply this power where planning permission is not granted following the consideration of an individual application in certain circumstances. We therefore seek to amend the clause.

The amendment would restrict new Section 100ZA from applying to order-making powers. Development orders are not granted following an individual application and often grant planning permission to an area. They therefore may need to impose a number of limitations. It is important that a local planning authority or the Secretary of State can set out in an order those conditions that frame the type of development that would be acceptable. This can include a condition that the development, including the change of use, is completed within three years. Such a condition may be unreasonable when imposed following the consideration of a planning application, but not in the very different exercise of granting planning permission by order.

Given this, and in the light of the consultation responses on this issue, we have concluded that the new power to limit conditions should not apply to orders. Consequently, should the amendment be approved, the power will not apply to grants of planning permission in the following: development orders, simplified planning zones, enterprise zones, and development control procedures—that is, where government authorisation is required. This will retain the core benefit of the power in ensuring that planning conditions are imposed only when necessary, while protecting the flexibility afforded to grant planning permissions by these powers. With these arguments in mind, I therefore beg to move the amendment.

[Baroness Parminter (LD)]

My Lords, I have Amendment 38 in this string of amendments. With one in six homes at risk at present, it is quite clear that homes need to be built which protect residents from increasing flood risk. I have put down this amendment because I noted that the Government, both on Report and in Committee in the Commons, were remarkably un-keen to delete this clause, so my thinking is that there is more than one way to skin a cat. If one feels as I do about the issue of flood risk, there is perhaps the potential for exemptions. I have tabled this amendment because all the evidence from around the UK shows that we need drainage standards and designs for drainage to be agreed up front. If they are not, it is not good for the housebuilder or the local authority, and it is certainly not good for the home owner.

In Scotland there is a legal requirement to have sustainable drainage on any development, but developers are not obliged to engage with Scottish Water on the design and building up front. This results in housebuilders producing their own designs, which Scottish Water then has issues with. The result is that 90% of these drainage systems are not adopted by Scottish Water. In Wales, however, developers have to have an agreement with the sewerage undertakers on a specific design before they start on-site. This system works and does not hold up developments. This shows that the designs for sewerage and sustainable drainage need to be settled at the beginning of the process, and local authorities need the powers to enable that to happen. If the prohibition on local authorities imposing pre-commencement conditions goes ahead, that cannot happen. What then will happen is that developers will not be certain about the drainage, the adoption or the maintenance, there will be commuted sum disagreements, developers will in all likelihood put the arrangements into a private company with no quality assurance on the drainage—it will probably end up being a tank somewhere in the ground rather than a scheme that enhances the environment or the area for the homeowner—and future flooding issues will be left for the local authority and the homeowner to pick up.

The Government have given us no evidence that there is a problem. The examples the Minister sent round in the letter to noble Lords were just a series of quotes, mainly from the annual reports from the housebuilders. I have gone through the government consultation and there is no indication of the scale of the so-called problem, and no single citing of a concrete example. It is therefore no surprise that only a minority—44%—of those who undertook the government consultation supported the proposal to prohibit local authorities from imposing pre-commencement conditions. Therefore, there is not majority support from the Government’s consultation for this measure to go ahead.

Of course, planning conditions imposed by local planning authorities should be reasonable and necessary. However, as the Government themselves said on 24 January in response to the EFRA Committee’s report on flood prevention,

“the robust planning approach in place is the best way to control development so that it does not add to flood risk”.

As such, pre-commencement conditions should be seen as a positive tool to deliver this, as well as to ensure that permission can be granted.

To be blunt, this approach is also putting the cart before the horse. After a battle with noble Lords, Clause 171 of the Housing and Planning Act requires the Government to review planning law on policy relating to sustainable drainage in England. That review by DCLG and Defra is currently under way and is due for completion by April. At this point I must say that I am grateful to the Minister for the offer of a meeting on that issue, which I understand is now scheduled for later this week.

The Government have provided no real evidence that there is a problem. Evidence from Scotland and Wales shows that we need to ensure that flooding conditions are settled up front, and there is a real risk here of pre-empting any decisions following the Government’s own review, which we are expecting in the next few months. On that basis, it is absolutely essential that the Government address the issue, and if they will not go as far as removing the whole clause, they should make exemptions for important issues such as dealing with flood risk; otherwise, we will be putting home owners of the future in real danger.

[Lord Kennedy of Southwark (Lab)]

My Lords, I will make my usual declarations as we start this the third day in Committee on the Neighbourhood Planning Bill. I am an elected councillor in the London Borough of Lewisham and a vice-president of the Local Government Association.

This first group of amendments is concerned with Clause 12 and Schedule 3. Government Amendments 28, 35, 40 and 42 all seek to add the word “relevant” before “grant of planning permission”. Perhaps the noble Lord can tell us a little more about why this is deemed necessary and it was not in the Bill in the first place. All the amendments tabled by myself and my noble friend Lord Beecham, who will be with us later—he is attending a funeral at the moment—are probing in nature. They seek to understand the Government’s thinking so that we can be clearer on the objectives, challenge the Government and provide alternative solutions.

Amendment 29 tabled in my name and that of my noble friend seeks to put in the Bill a provision for the Secretary of State to allow local planning authorities to make exceptions to the power being taken by the Government in Clause 12(1)(a) to (c). It is becoming clear how inappropriately named this Bill is—it is a complete misnomer. In this clause the Government are again taking more powers to order local authorities to do things. I can see nothing “localist” about that and nothing that supports neighbourhood planning in any way, so Amendment 29 would allow in a small way some discretion for local planning authorities to make exceptions. But of course, the clause is in the Bill because the Government believe that local planning authorities are holding up the planning process with lots of irrelevant conditions. As I have said many times before, I am a member of a planning committee and I have never had a developer come before the committee and say, “The conditions you are attempting to impose on us are holding up the development”. I agree with the noble Baroness, Lady Parminter, that the Government have provided no evidence for this whatever. It is just not the case, and if there are delays, the Government should be looking at how local government can recover the full costs of its fees so that it can afford more resources in its planning departments.

Amendment 31 seeks to remove lines 37 and 38 on page 10 of the Bill. This extraordinary provision again seeks to give additional powers to the Secretary of State. Amendment 21 seeks to add two specific points which are important, in that account should be taken of the public interest and the sustainability of any development. I hope that all noble Lords agree that these are important considerations in making regulations and therefore should be included. Amendment 33 seeks to amend the Bill so that consultation should include local authorities. I am sure the Minister will tell us that of course the Government intend to consult local authorities, and I will be pleased to hear that, but it would be useful if he set out on the record clearly and specifically whom they intend to consult, because leaving it to chance, very broad and off the record is not the best way to ensure that the relevant bodies and organisations can come forward with their views.

These proposals also need some kind of appeals process built into them. This taking of new powers is a considerable step forward on the Government’s part, and an appeals process would allow a local authority to make its case by bringing in relevant local factors, hence my tabling Amendment 34. Amendments 36 and 37 address the need to seek a bridging agreement to pre-commencement conditions. This is a controversial part of the Bill and we are seeking to delete the provision or, if it remains, a way of dealing with the situation when agreement cannot be reached. A determination through a mediation process may be a way forward. As noble Lords will know, mediation is of course an established way to resolve problems. Again, it would be useful if the Minister told us today what he envisions will happen when the authority and the developer cannot reach agreement.

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We recently conducted a consultation on these measures, as we have set out in the Government’s response document. There were 194 responses, as I think I indicated, and more than half of those who clearly stated their position offered either complete support or supported the principle, with some reservations about the process.

[Baroness Parminter]

I am sorry to question the Minister, but can he confirm that in that consultation only 44% supported going ahead with the proposals? If so, that is a clear minority.

[Lord Bourne of Aberystwyth]

From memory, I think that the noble Baroness is correct, although that is a majority of those who have a view—there were quite a few who ticked “don’t know”. As I have indicated, it was a majority—admittedly a bare majority—of those who gave a view: more than half offered either complete support or supported the principle. However, I will make sure that a link to that document is available for noble Lords.

I assure noble Lords that I recognise the intention of Amendment 37. We of course have to make sure that where agreements cannot be reached, a sensible solution can be found. However, there are a number of reasons why a dedicated mediation system, as proposed by the noble Lord, Lord Kennedy, is not necessary and, indeed, may be counterproductive. As I have made clear, Clause 12 builds on best practice as set out in our planning practice guidance, which states that applicants and local authorities should engage at the earliest possible stage to come to an agreement on the conditions to be applied on a grant of planning permission. I am sure all noble Lords recognise and appreciate the importance of early and sustained engagement to help facilitate a constructive dialogue on the use of conditions. Let me hasten to underline that that is, I think, what happens in the vast majority of cases. The measures here will help to ensure that this takes place.

Existing routes are available to both local authorities and applicants in the unlikely event that there is disagreement on the conditions proposed. If a developer refuses to agree with a particular condition and the local authority deems it necessary, having considered it against the criteria set out in the National Planning Policy Framework, the authority can, and indeed should, refuse to grant planning permission. Nothing could be clearer, and that is the position the Government wish to stress. That is the intention of the legislation going forward; it is not to alter the basic provision that decisions are reached locally. Provided that they are in conformity with the National Planning Policy Framework, it is appropriate that, if the local authority cannot agree with the developer and there are relevant considerations in the framework, it should turn down the application.

At present, applicants would still have the ability to appeal to the Secretary of State against a decision to grant planning permission which is subject to conditions that they disagree with. Further to this, we consulted on our proposal to specify a default period after which the agreement of the applicant would be deemed to be given. Following the response to this consultation, we are of the view that it would be appropriate to introduce a 10-working-day default period. This could also act as a further incentive for parties to engage earlier in the process and discuss conditions that may be imposed on a grant of planning permission. We must acknowledge that adding a further formal step in the process by way of mediation could cause delays—here I find myself in agreement with my noble friend Lord True. In addition, it could actually discourage effective discussions between applicants and local authorities, who may simply wait, knowing that there is the safety net—as they may see it—of the mediation route as an alternative to meaningful engagement at an earlier stage. I hope noble Lords agree that encouraging local authorities and developers to work together to overcome any barriers to delivering the homes that the country needs is the most important step.

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In Committee and at Second Reading, we have talked about learning the lessons of history. If we do not learn those lessons and make sure we put in place provisions to ensure that what we build is sustainable, we are being irresponsible and reckless. Surely the Government will want to work on the basis that we learn from what we did wrong, particularly in the 1960s. For me, building homes that are poorly designed and constructed, that fail to take account of modern development techniques, that are not energy efficient, cannot reduce our carbon footprint and are not sustainable, especially in terms of drainage, is plain daft. I can see no justification for the Minister, on behalf of the Government, to put forward this clause as it stands. I beg to move that Clause 12 do not stand part of the Bill.

[Baroness Parminter]

My Lords, I gave notice of my intention to oppose Clause 12 and I support the words of the noble Lord, Lord Kennedy. Indeed, the response from the Minister to what I thought was a reasonable proposal to bring forward an exemption for conditions that are clearly reasonable has strengthened my resolve to support any move to delete the whole clause.

The reasons for that are twofold. I do not want to repeat what I said earlier, but one thing pre-commencement conditions do is overcome the situation at the moment whereby developers are paying the cost when it comes to pre-commencement conditions but the benefits are borne by other people—normally the local community or the environment, or through biodiversity benefits. Without pre-commencement conditions, of course the developer will say, “We don’t want to bear these costs”. Pre-commencement conditions account for those benefits—those externalities—and allow local planning authorities to ensure that those benefits that accrue to others can be accounted for.

In the Minister’s letter on what the unreasonable pre-commencement conditions are, will he also include a list of what are, in his mind, reasonable conditions? It seems to me that drainage is very much a reasonable condition, given that the benefits are accrued by home owners and the community but the costs are borne by the developer.

The second reason I am now more minded to support the opposition to Clause 12 builds on the point made by the noble Lord, Lord True. The Minister says that we will want local authorities, if they have the gumption, to turn these applications down. But let us consider a housing application for, say, 20 homes in a rural area. Let us say that a fairly reasonable, as I would see it, pre-commencement condition is attached for sustainable draining solutions but the developer does not agree. Those houses have agreement in the local plan and the neighbourhood plan. Is the Minister saying that this Government want local authorities to turn down applications that have the support of the local plan and the neighbourhood plan because they cannot get agreement on a perfectly reasonable proposal —in this case for drainage—that is part of a pre-commencement condition? That is what the Minister said. This is the nuclear option. If the local authority does not get agreement from the developer for sustainable drainage systems, the only option it has is to turn it down. That will increase delays and conflict in the system, which the Bill is rightly trying to stop. If we want to build homes, it seems to me that this nuclear option will not deliver what the Government want. Therefore, I support the proposal that Clause 12 should not stand part of the Bill.

[Baroness Cumberlege (Con)]

My Lords, I too oppose the question that Clause 12 stand part of the Bill. I have been tedious beyond endurance and I thank the Committee for its patience. At each stage I have tried very hard to ensure that there is a separation between the powers of the Secretary of State and the responsibilities of local authorities, working with their local communities. I share the deep concern of the Delegated Powers Committee, which the noble Baroness, Lady Andrews, and the noble Lord, Lord Shipley, mentioned. It has deep reservations. We must be careful not to brush away the work of that committee and the recommendations it makes, because it is the watchdog for our legislative processes and thoughts and what we bring forward. I was interested that my noble friend the Minister said that he will take real cognisance of what it has been saying and will try to meet those concerns.

One of the things that surprises me in all of this is that the legislation that the Neighbourhood Planning Bill is based on is the Localism Act. We know that this concept has been warmly welcomed by so many who have embraced neighbourhood plans, and we know that there are many more in the pipeline. In reply to an amendment last Tuesday, the Minister told the Committee that the Secretary of State’s,

“current policies for intervention strike the right balance between the national interest and local autonomy”.—[Official Report, 31/1/17; col. GC 176.]

I have to say that in my area the experience was to the contrary. There was no planning issue of national importance and yet the Secretary of State intervened, with devastating results.

However, I am encouraged by my noble friend’s reply to the noble Baroness, Lady Andrews, when the Committee met last Thursday. He quoted his honourable friend Gavin Barwell as having said that,

“as long as authorities have policies to address their strategic housing and other priorities, we want them to have more freedom in the type of plan that is most appropriate for their area. The Government have put local and neighbourhood plans at the heart of the planning system. We put local authorities and communities at the forefront of shaping a vision for their areas and deciding how to meet their development needs. The existing regime reflects the understanding that local planning authorities, together with local communities, are best placed to set out future development for their local area”.—[Official Report, 2/2/17; col. GC 261.]

I say amen to that. That is absolutely what we want. That is what we are trying to achieve through this Bill.

I have referred almost exclusively to the Secretary of State and sometimes the ministerial team. But this is not personal and I want to get on the record how much I appreciate my noble friend Lord Bourne’s approach to the handling of the Bill. He has said he will listen and—I have to say, with great patience—he has. He has said time and again, “We will work with noble Lords in an inclusive way”, and he has and is doing so. He has asked for positive engagement. We are willing. Like Barkis, we are more than willing. I sense my noble friend is also willing to negotiate worthwhile amendments to improve the Bill. I welcome that and I look forward to his useful amendments when we come to Report.

I turn to Clause 12 specifically. As I have previously said, seeking that a whole clause should not stand part of the Bill gives noble Lords an opportunity to see the clause as a whole. My concern with the totality of this clause is that, contrary to what I am trying to achieve and what my honourable friend Gavin Barwell has said in another place, it does nothing to separate the powers of the Secretary of State from the responsibilities of the local planning authorities. My noble friend Lord True, whom I thank for his kind comments, and the noble Lord, Lord Kennedy, said that the clause does not mention neighbourhood planning at all. In addition, the whole clause is about the Secretary of State’s determination to control the work of local planners. The tenor of this clause is therefore that the Secretary of State does not trust the people. He does not trust local planners, who know the area best.

New subsection (1) gives the Secretary of State unlimited powers to waive conditions that may be very inappropriate to particular areas and populations. Again, therefore, we see the heavy hand that continues through nine new subsections, and the point of the Bill is quietly buried; it has nothing to do with neighbourhood planning. Surely the imperative is for local planning authorities to deliver the strategic policies of the Secretary of State, but apparently that is not enough.

I very much respect people who are on local authorities at the moment. When I read about them and look at what they are doing, it seems that they are working their socks off to deliver what is needed. But apparently, this is not enough, and the Secretary of State says that he must come in and tell them what to do and how. Therefore, as the Minister is fully aware, in our area there is total disillusionment with the neighbourhood planning process and fury at the intervention—the interference—in the minutiae of local planning from above.

The Minister went through all the new subsections in Clause 12, and I thank him for his full explanation. However, he did not address the issue: why is this clause necessary? Why does the Secretary of State risk antagonising local planners on a whim, removing planning conditions? Why does this require intervention by the Secretary of State? Planning pre-commencement conditions are important. They ensure the quality of development and its empathy with the local area. The noble Baroness, Lady Parminter, put it so well, saying that this is the essence of planning.

I was involved in a case years ago, in which 171 identical houses were to be built along a snake-like road. We turned that down, fought appeals and won them. We now have a development that has open spaces and all sorts of different housing: bungalows, terraced housing, and detached four-bedroom houses. It is a lovely area, and so different to what it would have been like if we had agreed to the original application. Conditions are important, because those are the ones we put in and which we eventually managed to get.

It is therefore about the quality of development. I pay tribute to the forensic way the Minister took us through the different new subsections. However, it is not good enough. We are losing the whole principle of neighbourhood planning and localism. I very much look forward to the letter that my noble friend will send, and I sense that there is already some rethinking on how this clause and the new subsections need to be amended. However, I urge him to go further. Can he be brave, and in his letter give us some hope that this clause may be deleted altogether? It is irrelevant in the Bill.

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[Baroness Parminter]

The noble Lord is challenging my view. There is a real risk that a local authority will not refuse an application for 20 homes in a rural area, to use the example I quoted earlier. It will have the approval of the local plan and the neighbourhood plan, but the sustainable drainage option proposal that it can get the developer’s agreement to is for a weak tank underneath the ground, whereas what it actually wants is a sustainable solution that will enhance the housing development in the way described by the noble Baroness, Lady Cumberlege—one that is to the long-term benefit of the area and will increase biodiversity. The developer will not agree to that; it will agree only to a tank under the ground, which is perfectly reasonable under the standards we have at the moment. The local authority might want to go that step further but it cannot. Should the entire application then be turned down—as I say, it has the approval of the local plan, the neighbourhood plan and local people—because the developer will not agree to the sustainable drainage option? That will increase the delay. Local authorities will not do this because of the risks. They will say, “Okay, we will accept the weaker proposals”.

[Lord Lansley]

The noble Baroness has constructed her own example, and I understand the point she is making. It seems to me that this legislation does not change the situation at all. At present, if it cannot agree the condition it is looking for with the applicants, it will refuse the application and the applicants will go to appeal. I do not see why on earth the situation will be any different after this legislation is introduced. To that extent, I do not see how the legislation causes any harm. On the contrary, it promotes on the part of the applicants the need to draft planning conditions with a view to seeking agreement. Moreover, this promotes not only best practice, as I said, but an expectation on the part of both the applicants and the local planning authority—both officers and members—that the conditions should be standard and/or drafted at the point at which the decision is made.

Another issue is conditions being drafted after the committee meeting has taken place, which can cause considerable delay. What new subsection (5) is driving towards is for best practice to be encapsulated in legislation and for there to be an expectation via a written agreement that the parties to the application and the local planning authority will get together and produce an agreement to put before the committee. That is entirely laudable and I am very sorry that Members of the Committee want to throw this rather important and useful baby out with the bathwater.

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Moved by

[Baroness Parminter]

46: After Clause 12, insert the following new Clause—
“Planning: duty to have regard to the protection of ancient woodland and veteran and aged trees
In section 197 of the Town and Country Planning Act 1990 (planning permission to include appropriate provision for preservation and planting of trees), after paragraph (b) insert—“(c) to refuse permission for any development which may result in the loss or deterioration of ancient woodland, and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location are wholly exceptional;(d) to refuse permission for a development in respect of which there is insufficient provision made for the preservation of woodland and planting of trees; and(e) to impose any such conditions and make any such orders as are necessary to protect woodland and trees.(2) The local planning authority must—(a) ensure that all planning applications are compatible with the protection and enhancement of the environment; and(b) ensure that the protection and enhancement of the environment is identified as a strategic priority in the authority’s area under section 19 or 35 of the Planning and Compulsory Purchase Act 2004.(3) In this section—(a) “ancient woodland” means an area that has been continuously wooded since the year 1600; (b) “veteran and aged trees” means trees which because of their age, size or condition are of exceptional value culturally, in the landscape or to wildlife.””

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[Baroness Parminter]

My Lords, I am moving this amendment because of the unavoidable absence abroad of the noble Baroness, Lady Young of Old Scone. The amendment is in my name and those of the noble Baroness and the noble Lord, Lord Judd.

The Bill offers an important opportunity to amend the way the planning system deals with ancient woodland and reduce the controversy created by planning proposals involving ancient woodland, which is often much loved in its locality, thereby reducing the delay that such controversy can cause. Ancient woodlands are important but their importance is still not well understood. They are woods that have remained under continuous woodland cover for at least 400 years, and in some cases for centuries, or even tens of centuries, longer. They are a complex network of species, soil, history and culture and each of them is unique, distinctive and irreplaceable. Once ancient woodland is destroyed or damaged, it cannot simply be planted again; this complex amalgam of ecosystem, culture and history is lost for ever.

However, ancient woodland has a lot less protection under planning policy than ancient buildings. Ancient woodland is increasingly threatened by planning decisions, particularly housing developments, where planners and developers see that the lesser level of protection given to ancient woodland by the National Planning Policy Framework compared with that given to ancient buildings is a reason not to give ancient woodland any protection at all. There are currently 600 ancient woodlands under threat from planning proposals. There is one that I am particularly familiar with in my locality, the proposed development of the Dunsfold Aerodrome, where the proposed access road will lead to the direct loss of ancient woodland. Yet the local plan of my local authority, Waverley, states that,

“the loss of ancient semi-natural woodland will be resisted”.

So clearly the wording in the NPPF gives developers hope that even a pretty strong local plan could be worth ignoring.

We are already at the point where so much ancient woodland has been destroyed that it covers just over 2% of Great Britain’s land surface. The amendment aims to give the same level of protection to this irreplaceable ancient woodland as is currently given to ancient buildings. Ancient woodlands, as my noble friend, Lady Young, said so memorably at Second Reading, are the cathedrals of the natural world.

We know the Secretary of State is not keen to put further protections into the Bill, and we understand that. However, we were very heartened by the words of the Minister at Second Reading that the Government might consider other routes, such as making amendments to the National Planning Policy Framework. Indeed, if the Daily Telegraph is to be believed, then imminently—perhaps even as imminently as tomorrow—we may see a White Paper making such a firm commitment, and we would be delighted to see such a commitment. In the absence of that White Paper today, though, the Bill still provides the potential to give ancient woodlands the protection that they deserve and so desperately need, and which we know local communities want to see. I beg to move.

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[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in this very important debate on Amendment 46. I would like to thank the noble Baroness, Lady Parminter, and the noble Lord, Lord Judd, who tabled this amendment on this important issue. I know from the considerable work of the noble Baroness, Lady Young—who unfortunately cannot be with us today—as chairman of the Woodland Trust and co-chair of Environmentalists for Europe, that she has a great passion for this subject and I was very pleased to meet with her a few weeks ago to discuss these issues.

I recognise the importance of ancient woodland and veteran and aged trees. We have had some very cogent examples. The noble Baroness, Lady Parminter, gave a powerful example close to her own home and the noble Lord, Lord Judd, who continues to have a distinguished role in national parks, rightly told us of the rich part they play in the heritage and history of our country.

The noble Lord, Lord Cameron, drew the parallel—or hopeful parallel, from his perspective—of Wells Cathedral, which is my favourite of all the English cathedrals. In my faith and integration role in the department, I have been visiting all the cathedrals of England in turn. I have so far visited 11, but Wells Cathedral is coming up shortly and I very much look forward to that. Many people have evoked that powerful, evocative and moving phrase: it is absolutely right that the ancient woodlands are the cathedrals of the natural world.

I thank the noble Duke, the Duke of Somerset, for drawing attention to the importance of the ecology of bees and wildlife, and echoing the educational aspect, as did the noble Lord, Lord Judd. There is another string to the bow of my noble friend Lord Framlingham: visiting prisons and saving trees. I thank him for that really engaging story.

There are number of protections already within national planning policy legislation and guidance. I have listened to the arguments today and on previous occasions from the noble Baroness, Lady Young, and I do recognise the importance of making sure these protections are made absolutely clear. As many noble Lords have said, the White Paper will be published shortly; I hope they will appreciate the aspects of it that indicate the way forward. I have listened carefully and can confirm that the Government do take this issue very seriously. We are talking about a massive asset to the country that we do not want to lose. With that reassurance, and in the light of the imminent publication of the White Paper, I respectfully ask the noble Baroness, Lady Parminter, and the noble Lord, Lord Judd, to withdraw their amendment.

[Baroness Parminter]

My Lords, in light of the Minister’s reassurance that the Government take this matter very seriously, on behalf of my colleagues, I am very happy to not press my amendment on this occasion. I thank noble colleagues across the Committee who have shown their strength of feeling on this issue; and it is good that the department is listening. I single out the noble Lord, Lord Framlingham, who in many ways represents the best of the House of Lords, in that people come in and speak about what they know. Every time he speaks on an issue, he does so with an expertise and commitment which is valued by all of us. Certainly, on behalf of my Benches—although I am sure on behalf of others as well—I thank all noble Lords who have shown commitment to this issue, but in particular I thank him. I beg leave to withdraw my amendment.

Amendment 46 withdrawn.

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[Baroness Parminter]

I thank the noble Lord for raising this issue and support him in his call. I am sure the Minister will make reference to the flood review that is currently being undertaken by the DCLG and Defra. Of course, the noble Lord’s amendment not only looks at surface water flooding, which is what the current review is looking at, but puts it, rightly, in the context of the broader issues of retrofitting and other forms of flooding as well. I too hope the Government will be supportive.

Perhaps I might say a few words about the review that the Government are undertaking. Noble Lords will remember that in the Housing and Planning Bill the Government conceded that there would be this review of surface water flooding. I think it is a disappointment to Members that it is only a desk-based exercise, that there has not been a public call for evidence and that therefore engaged organisations have not had the opportunity to input their views. Indeed, no surveys have been undertaken of local planning authorities; it is purely private meetings with particular stakeholders, including the developers.

However, so as not to appear churlish, I reiterate my thanks to the Minister for agreeing to meet me and other representatives later this week to hear the findings of what we believe is the largest survey undertaken in the UK of SUDS. Of the more than 500 responses—including from lead flood authorities, local authorities and even representatives of central government—70% thought that the current planning policies were not sufficient to deliver sustainable drainage solutions. I hope the Government will consider those recommendations before they finalise their review.

Perhaps the Minister might not only comment on the noble Lord’s wish for a full review of the flooding situation but commit to agree to the findings, when we receive them later this spring, of the review of flooding by the Adaptation Sub-Committee of the Committee on Climate Change. I believe it intends to propose a number of recommendations around changes to planning policy, and I hope that the Government might be prepared to accept those. I am interested to hear the Minister’s views on how seriously they will be taking the committee’s recommendations.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Beecham, for moving Amendment 56, and the noble Baroness, Lady Parminter, for her contribution. I am afraid I will probably have to let the noble Lord down on this occasion. I am not convinced of the need for this.

First, as has been noted, Section 171 of the Housing and Planning Act 2016 includes a requirement for the Secretary of State to,

“carry out a review of planning legislation, government planning policy and local planning policies concerning sustainable drainage in relation to the development of land in England”.

My department had already commenced work on the review prior to this section of the Housing and Planning Act coming into force by order on 1 October last year. The objective of that review is to examine the extent to which planning policy has been successful in encouraging the take-up of such drainage systems in new developments. My officials are working closely with colleagues at the Department for Environment, Food and Rural Affairs and the Environment Agency to gather evidence to inform the review. The first stage of the review—to survey local plan policies related to sustainable drainage systems—has been completed. We are now working towards the next stage of the review—to collect evidence on how sustainable drainage systems are deployed in practice.

Stakeholder involvement is a critical element throughout the review. We have been engaging with a broad range of stakeholders through two dedicated groups set up specifically to support the review. The first is a high-level project steering group comprising members of the DCLG, Defra and the Environment Agency, the Climate Change Committee, the Adaptation Sub-Committee’s secretariat, the Association of Directors of Environment, Economy, Planning and Transport, and the Local Authority SuDS Officer Organisation. A second-tier engagement group, comprising key SUDS-related stakeholders, will function largely as a sounding board of expert advice to be drawn on as the review progresses. This comprises members from organisations including the Institution of Civil Engineers; Water UK; the Wildfowl and Wetlands Trust and the Chartered Institution of Water and Environmental Management. Membership comprises representatives from local planning authorities, professional and statutory bodies, environmental non-governmental organisations, house- builders and other agencies.

We remain committed to working constructively with the Adaptation Sub-Committee of the Committee on Climate Change—an independent, statutory body established under the Climate Change Act 2008—so that the review informs their progress update on the national adaptation plan, due in the summer of 2017. Whenever I hear the mention of sandbags I always think of the organisation which the noble Baroness, Lady Worthington, led so well. She did considerable work on climate change through that particular organisation.

In addition to this review, the National Flood Resilience Review, published in September last year, assessed the resilience of key local infrastructure, such as energy, water, transport and communications, and identified ways to protect it better. The flood resilience review includes an action plan that the water, telecoms and electricity utilities will develop and implement, with long-term plans—where not in place already—for improving permanently the resilience of service provision to significant local communities from the flooding defined by the Environment Agency’s extreme flood outlines. Both of these reviews, when considered together, address the role of planning relating to sustainable drainage and the resilience of local infrastructure in response to a flood incident.

It is in that context that a requirement for a third review is unlikely to add anything new. I am happy to discuss this further with the noble Lord, but I do think it is unnecessary and I respectfully ask him to withdraw this amendment.

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Moved by

[Baroness Parminter]

58: After Clause 13, insert the following new Clause—
“Carbon compliance standard for new homes
(1) The Secretary of State must, within one year of the passing of this Act, make regulations which require a local planning authority to refuse planning permission for the building of any new home which would not achieve the carbon compliance standard.(2) For the purpose of subsection (1), “carbon compliance standard” means an improvement on the target carbon dioxide emission rate, as set out in the Building Regulations 2006, of—(a) 60% in the case of detached houses;(b) 46% in the case of attached houses; and(c) 44% in the case of flats.”

[Baroness Parminter]

My Lords, we clearly need new homes but we need to future-proof them. With homes accounting for nearly a quarter of our total greenhouse emissions in the UK, we need new homes to contribute cost-effectively to meeting our greenhouse gas targets, but also to lower fuel bills for home owners and avoid the costs of retrofitting. That would also enhance quality of life. All the evidence is that the frail and elderly, and indeed young children, face significant hardships and challenges from insufficiently heated homes. The Minister knows the strength of feeling on this matter from across the Chamber during the passage of the Housing and Planning Act. This is therefore a probing amendment to ask what the Government are doing on this extremely important matter in advance of the review that was alluded to at the time of the Housing and Planning Act. Given the time, I am not going to revisit the arguments that we went through on the Housing and Planning Act. However, since then there have been a number of places—Oxford, Cambridge, Wales and Scotland—where homes have been built and large developments put up showing where zero-carbon homes can be delivered at scale.

I have three questions for the Minister. First, following the Housing and Planning Act, what are the Government’s plans to meet our carbon emission reduction targets if they do not introduce zero-carbon homes? We have seen no indication in the industrial strategy or in any other government plans of how the Government intend to meet their carbon emission reduction targets if we do not deliver the savings on new buildings, which, as the Minister knows, the climate change committee says are absolutely fundamental.

Secondly, can the Minister confirm that the Government will not prevent local councils requiring higher building standards? There is some lack of clarity about whether local authorities can carry on insisting in their local plans on higher standards. Prior to the withdrawal of the zero-carbon homes standards, places such as Brighton required in their local plans higher building standards. Will the Government confirm that they will not prevent local authorities including a requirement for higher building standards?

Thirdly, and again another standing cycle, the cost optimality review of building regulations is imminent—I believe it will be completed some time in the summer. Will the Minister say a few words about that? When will it be forthcoming? In particular, will there be public engagement and a public call for evidence so that all interested parties can play their full part in making sure that we move forward?

Higher regulatory standards in this area should not be considered as burdensome red tape but as an essential requirement to reduce both energy poverty and the threat of catastrophic climate change. There should be no exemptions. The big volume housebuilders have the scale and resources to take it forward and the smaller housebuilders are fleet of foot and able to cope. Unless we do something soon on housebuilding requirements, this Government are not going to be able to live up to the commitments that they so proudly and rightly trumpeted following their achievements at Paris last year. I beg to move.

[Lord Beecham]

My Lords, we support the amendment of the noble Baroness. It is regrettable that having started off by beginning to tackle this issue, the coalition Government, it must be said, reduced the carbon standard requirements instead of building on what was a sensible approach. I hope that the Government—

[Baroness Parminter]

Just to confirm, it was the Chancellor of the Exchequer, George Osborne, who, after we had moved out of coalition with our partners, withdrew the zero-carbon home standards.

[Lord Beecham]

I am happy to accept that plea from the noble Baroness and put the entire blame on the Government. In all fairness, it is usually the case. Of course, George Osborne is now history and perhaps some of his policy decisions can be reviewed—I certainly hope so in this particular context. It is outrageous that we lag so far behind most European countries on environmental provision and space standards for properties. I hope that the White Paper—tomorrow or whenever it comes—is going to address those issues. If it does not then they will certainly be raised when we eventually come to discuss the White Paper. I am happy to support the amendment.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Baroness, Lady Parminter, for moving this amendment in group 24, and the noble Lord, Lord Beecham, for speaking to it.

First, I will set the context, which is partly the Paris climate change agreement. To take credit for it, it was of course concluded at a time when there was a Conservative rather than a coalition Government—although, to be fair, it was supported by all parties. It was a step forward, and we worked closely with many countries, not least in Europe. From the outset, I remind noble Lords that the standards for new homes were strengthened by 30% in the last Parliament, when there was a coalition Government, saving £200 on energy bills compared to standards before 2010, when there was a Labour Government. To meet those standards, homes will have A-rated condensing boilers, double-glazed windows with low-energy glass, and high levels of insulation and air tightness in their construction—they are very energy-efficient homes.

A very similar amendment was debated at length during the passage of last year’s Housing and Planning Act. That Act placed a duty on the Secretary of State to undertake a review—to which reference has been made—of energy performance standards for new homes under Section 2C of the Building Act 1984. We have commenced costings analysis to underpin this review, and our aim is to publish the final review in the summer. It aims to identify what improvements are cost-effective and feasible for new homes. We plan to extend it to cover non-domestic buildings and work to existing buildings, seeking further potential reductions in carbon emissions and fuel bills. The noble Baroness asked about progress in meeting our climate change targets. Obviously, domestic compliance and measures are important, but it is not limited to them; hence we have extended it to other buildings, for example. Transport also makes a significant difference to emissions, so the Inter-Ministerial Group on Transport and looking at what we can do with regard to electric cars is significant. There have been massive changes in California in particular, which the Government have taken note of and are progressing, because that will make a significant difference.

Over recent years, we have seen reduced costs of technologies and energy efficiency measures, such as solar panels, which were discussed in detail in last year’s debates. I emphasise that it is important that we consider only the very latest information and data on costs—that is crucial. The carbon compliance standards proposed in this clause are, so far as I can see, not based on the latest data—I think some of them are some six years old—although I appreciate that that can be looked at. Obviously, we are looking at all these issues in the round. To prescribe standards without up-to-date information would be difficult. I can confirm that changes to the building regulations flowing from the upcoming review will be subject to a full consultation. That will include draft technical guidance on how to meet the changes, which will cover all homes from detached houses to high-rise flats. The noble Baroness asked specifically whether local authorities are able to set higher standards than the national ones, and I can confirm that they are able to do just that.

The new clause also proposes putting in place new powers in the planning regime to set the carbon compliance standards. This is unnecessary, as there are already powers to set such standards through the building regulations. I appreciate and understand that the noble Baroness said that this is a probing amendment, but the powers are already there. Also, the technical expertise to ascertain whether a building meets a particular energy performance or carbon compliance standard already exists in building control bodies. However, this technical knowledge is unlikely to be available within a planning department. Our position is that minimum energy performance standards should be set through the building regulations, with compliance being demonstrated through building control bodies. That is what we are looking at.

I hope I have reassured noble Lords that the proposed clause is unnecessary, although I appreciate that this was a probing amendment in the understanding that the review is moving. The review will use the latest costs and evidence, and any cost-effective changes proposed will be workable for all home types, across the range. I am happy to share information on the review with noble Lords at appropriate points as we take it forward, if that is helpful. On that basis, I therefore ask the noble Baroness to withdraw the amendment.

[Baroness Parminter]

I thank the Minister for his responses and the clear answers to two of my questions. The public call for evidence for the review is very welcome, as is the commitment for local authorities if they wish to set higher standards. It is helpful that those answers have been set on the record in that way. On my third point, I appreciate that housing makes up only one component of the UK’s greenhouse gases, but it is still one-quarter. When we had a Department of Energy and Climate Change, it was looking at producing an updated road map that showed how much would be delivered by savings in transport and housing. That has clearly been booted into the long grass, but at some point the Government will have to come clean on the issue. With that in mind, I beg leave to withdraw the amendment.

Amendment 58 withdrawn.

Neighbourhood Planning Bill

Baroness Parminter Excerpts

Committee: 4th sitting (Hansard): House of Lords
Wednesday 8th February 2017 Grand Committee

Moved by

[Baroness Parminter (LD)]

104: Clause 24, page 20, line 29, at end insert—
“(2A) No regulations may be made under subsection (1) which have the effect of modifying any procedures that apply specifically to the acquisition of land belonging to the National Trust and held by the Trust inalienably.(2B) In subsection (2A), “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the National Trust Act 1907 or section 8 of the National Trust Act 1939.”

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[Baroness Parminter (LD)]

My Lords, Amendment 104 stands in my name and that of the noble Baroness, Lady Andrews, who is no longer able to be in her place. It aims to preserve Parliament’s current role as the ultimate decision-maker on whether it is appropriate for National Trust inalienable land to be compulsorily purchased for a temporary period against the judgment of the trust.

As currently drafted, Clause 24 is sufficiently broad to allow, in the case of temporary compulsory possession, for the modification of current procedures regarding National Trust inalienable land.

The Government have shown already that they recognise the need for special provisions to retain protection for National Trust land. Following the Bill’s publication, the Government’s policy paper issued in December proposed that such land could be temporarily possessed under the new power only if the confirming authority considered that there would not be serious detriment to the inalienable land in question. However, the Government’s proposals would not provide an equivalent level of protection for National Trust inalienable land as is currently the case and subsequent regulations may further reduce the protection of inalienable land held for the benefit of the nation.

Because National Trust land has been declared inalienable, it is very likely to have heritage interest or natural beauty in its own right. As noble Lords might be interested to note given earlier discussion, it might also be ancient woodland or a significant habitat. The land might contribute to or enhance neighbouring land of historic interest or natural beauty—for example, preserving the setting of a historic property and its parkland.

The trust does not obstruct development by unreasonably opposing appropriate acquisition, but clearly seems to be looking to work proactively in partnership with scheme promoters to find solutions which enable schemes to go ahead as sympathetically as possible. I am well aware of that because I live very close to the Hindhead tunnel scheme, where just that process of consultation and working constructively with developers worked incredibly well. Indeed, there has only been one occasion when the National Trust has referred compulsory purchase matters to special parliamentary procedures in the past.

Undoubtedly, there should be continuing recognition of the special nature of National Trust inalienable land held for the benefit of the nation in the Bill. I accept that there is a clear case for improving procedures for the temporary compulsory possession of land, but I believe that the National Trust is not the problem that the Government are trying to address with this legislation, but has been swept up in the wider issue. At least, I hope that may be the case and look forward to the Minister’s response. I beg to move.

[Lord Beecham]

My Lords, I support the amendment in the name of the noble Baroness, Lady Parminter, and speak to Amendment 104A which requires the Secretary of State and Welsh Ministers to make provision for the reinstatement of land at the end of a period of temporary possession. This is not drafted particularly for the benefit of the residents of Aberystwyth or places in the vicinity; it stems from the report of the Delegated Powers and Regulatory Reform Committee which draws attention to a number of issues, only some of which are embodied in this amendment.

In dealing with the issue mentioned in Amendment 104A, the committee regarded it as inappropriate to leave the discussion of whether or not to include provisions about reinstatement in the regulations to the Secretary of State and Welsh Ministers. Hence, it recommended that the clause should be amended to impose the duty referred to in the amendment. However, that was not the end of the committee’s concerns. In particular, it also took issue with Clause 24(2)(a), which it regarded as,

“inappropriately wide and should be redrafted to reflect the narrow policy intention referred to in the DCLG document which explained the power to modify provisions”.

In particular, the committee felt that the power goes much further than the declared objective in the policy document and,

“it would enable the regulations to make substantial changes to Clauses 14 to 26 in a wide range of cases, for example, by excluding the provisions about compensation”.

I confess that the document, only having reached us at the end of January, shortly before the amendments were drafted, ought to have been subject to an amendment specifically dealing with that issue. I do not expect the Minister to respond immediately, but I hope that, before Report, he will indicate whether the Government would be minded to accept the redrafting recommendation referred to by the Delegated Powers Committee. If not, I give notice that we will remedy the omission this evening and table an appropriate amendment.

The committee was clear about the issue that I have raised, but it also makes a more general point about the Secretary of State and Welsh Ministers exercising this novel power, which could potentially have far-reaching consequences without first being required to consult interested parties. It therefore considered a consultation duty even more important, in view of the provision dispensing with the House’s hybrid instruments procedure. That raises issues about secondary legislation that have so often been raised. As I say, I would not expect the Minister to respond to something of which he did not have notice by way of an amendment tonight. I hope that the matter can be resolved en route to Report, but reserve the right to table amendments if it cannot be.

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I hope that with the reassurances I have given and the commitment to consider these matters further, the noble Baroness, Lady Parminter, will agree to withdraw the amendment.

[Baroness Parminter]

I thank the Minister very much for his consideration of my comments and his commitment to engage in careful consideration of those points between now and Report. I think that was the phrase he used. I hope that that will result in the Government tabling an amendment on Report as I strongly believe that Parliament should remain the final arbiter on issues around temporary compulsory purchase orders concerning the National Trust’s inalienable land. On that basis, I beg leave to withdraw the amendment.

Amendment 104 withdrawn.

Neighbourhood Planning Bill

Baroness Parminter Excerpts

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

[Baroness Parminter (LD)]

My Lords, Amendment 40, tabled in my name, is included in this group and carries on the theme of many of the amendments before us, which is how to give communities confidence that the work and effort they put into a local plan will be taken seriously. In so doing we would encourage more widespread planning in local communities, which is something we want to see. The Minister has suggested that the Bill and the ministerial Statement produced before Christmas are sufficient. Although I acknowledge that they are a step in the right direction, I and others who spoke in Committee did not and still do not believe that on their own they are sufficient. Let me make it clear: a neighbourhood planning body has no right of appeal if the local authority approves an application contrary to the neighbourhood plan or if the development would comprise fewer than 10 homes, which in rural areas means the majority of applications. Their only recourse is to go to judicial review. However, these are neighbourhood planning bodies. They are not all parish councils and they do not have substantial budgets, while of course the judicial review process is costly and largely procedural anyway.

I echo others in saying how helpful the Minister has been in his communications on these matters and I accept the sincerity of his belief that the measures in the Bill are sufficient. I would give him the benefit of the doubt if I knew that the department will be monitoring local planning authorities which do not respect the wishes set out in neighbourhood plans. This is a new process, but when in the future we get new planning Bills, which we surely will as a result of the housing White Paper, noble Lords need to have evidence if the welcome intentions in this Bill are not being delivered. We could then seek to ensure that there is a proper system of review along the lines that I have proposed in the amendment if neighbourhood plans are not being given the weight that they deserve. Here I should say that I am most grateful for the support of the noble Baroness, Lady Cumberlege. The time and effort that is invested in neighbourhood plans means that communities have the right to expect them to be taken seriously and we should address the concerns of those who feel that they are simply being ignored and that there is nothing they can do.

I know that the Minister will not accept this amendment, but I would ask him to say in his response whether the Government will commit to asking local planning authorities to notify DCLG when they decide on an application which is contrary to the views of a post-examined neighbourhood plan.

[Lord Porter of Spalding (Con)]

My Lords, I should appear to be sympathetic to anything that seeks to push power back into the hands of local planning authorities as regards their ability to reject a planning application and the Secretary of State having to support the decision. But I am worried about anything that would compel that, on the basis that if developers were not able to appeal to the Government to revisit the decision, they would go through the courts, at which point a council would not only have to employ planning people to deal with a planning appeal, it would have to pay for a barrister as well. So while I am sympathetic to the fact that planning applications which have been refused for non-compliance should not be routinely overturned, I would rather see the Government take a firmer hand with the Planning Inspectorate to ensure that when it does intervene in a case, it does so in a way that has been properly tested by the Secretary of State. I said on the last occasion that people in the outside world are saying that some planning inspectors have gone feral, and that position still pertains today. So rather than compelling the Secretary of State to support a refusal by a council, we need to encourage him to take a firmer grip of the Planning Inspectorate to make sure that in all cases it operates in the way the Government have sanctioned and not in a way that it chooses to sanction for itself.

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Moved by

[Baroness Parminter]

10A: After Clause 12, insert the following new Clause—
“New town local planning authority powers
Where a new town development corporation is established by an order under section 1 of the New Towns Act 1981 (designation of areas), on request of the local planning authority the Secretary of State must delegate to the authority the powers to appoint the board and to approve expenditure in applying the compulsory purchase provisions and subsequent development of the new town and its administration.”

[Baroness Parminter]

My Lords, with the leave of the House, in the unavoidable absence of my noble friend Lord Taylor of Goss Moor, I move the amendment standing in his name. The amendment introduces the principle of localism to the New Towns Act to enable the delivery of the highest quality new garden villages and towns by locally accountable elected local planning authorities rather than, as at present, any such development corporation being established on the initiative of a local authority and agreed by the Secretary of State.

Garden towns and villages are local solutions to the pressing need in so much of the country for homes, but by using the uplift in land values generated by development not purely to line the pockets of the few with fantastic wealth but to deliver great, thriving, 21st-century villages every bit as well served as the best historic communities. Already, 14 are being supported by Government, but the success of that programme will be greatly enhanced by the ability of local authorities to ensure quality by using the New Towns Act to guarantee that new garden villages and towns all meet the policy objectives of the Government. But local authorities will adopt this opportunity only if they know it is locally controlled. Local communities would accept no less. In the age of localism, why should they hand control of finances, planning, ownership of the land and its long-term value to the Secretary of State?

A similar amendment was moved by my noble friend Lord Taylor in Committee, where it received cross-party support. It also gained clear support and a positive response from the Minister at that time. Since then, we have had the Government’s White Paper, and the Government have made a clear and unambiguous commitment to localise the New Towns Act powers, exactly as proposed by this amendment. Mindful of the fact that this has cross-party support, I genuinely welcome that and beg to move.

[Lord Best (CB)]

My Lords, I have not declared interests during the course of the Bill so far, so declare that I am a vice-president of the Town and Country Planning Association and a vice-president of the Local Government Association.

In the debates on what became the Housing and Planning Act 2016, the noble Lord, Lord Taylor, and I jointly proposed an amendment, which the Government supported, to make it easier for new corporations to be set up to establish new settlements, along the lines of the old new towns but probably rather smaller—garden villages or garden towns they are sometimes called. This takes the story to its next stage, as the White Paper from the Government promises to do. It would allow local authorities to have significant influence over the new corporations set up to create new communities. Local authorities would be able to appoint the board and approve their budgets.

Sadly, without this kind of measure, a lot of local authorities will not think it worth while establishing new corporations for this purpose. This amendment would take away a deterrent to local authorities embarking on this road, fearful that the Secretary of State will dictate what happens in their area. It would instead replace the Secretary of State with the local authority having considerable influence over the new corporation.

Why are we making such a fuss about this? Why do we need these new settlements? From the perspective of local communities, in order to make sufficient land available for a five-year supply of all the new homes that we are going to need, you sometimes get the choice between 25 homes in 100 or 200 different villages or small towns, and one major development of 5,000 homes—perhaps not quite as much or perhaps a bit more—in one place. Apart from anything else, this means that instead of the hassle of having 200 local community groups opposed to the 25 homes in their village, you have one group. That group probably is opposed to the very large development, but at least the opposition to the development is concentrated in one place, instead of the development disturbing an awful lot of local communities. Putting a number of the homes that we need in one place is in itself helpful to local authorities and to their communities.

That is a negative. The positive is that having a properly planned new settlement or community, where you have a master plan that ensures that all the facilities that you need—transport, schools and the rest—are all in one place, is itself a really good way to try to achieve this enormous number of new homes which we know the country desperately needs to end housing shortages.

I can speak with a bit of experience here because one of my duties for nearly 20 years at the Joseph Rowntree Foundation was looking after the model village of New Earswick, created by our founder, Joseph Rowntree, in 1904. We can look back over 100 and something years to see whether a garden village really works. I can tell your Lordships that this kind of planned community of more than 1,000 homes, with two schools, shops and a wonderful arts and crafts folk hall and community centre, 100 years on, is the way that you get all the things that you need to build a proper, strong community, rather than packing in 25 more homes at the end of the village, which causes nothing but disruption.

This amendment would put local authorities more in charge and would therefore make it much more likely that we will see these new settlements and communities created in the future. I strongly support it.

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[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in the debate. I thank the most reverend Primate the Archbishop of York for his very helpful tour d’horizon. Something occurred to me regarding what he said and the recent work on the bridge at Tadcaster. He rightly talked about the mixture of tenures that is in the White Paper, affordable housing and a sense of place and community. We have broad support for this amendment. I thank him most particularly.

I thank the noble Baroness, Lady Parminter, for moving the amendment so effectively in the absence of the noble Lord, Lord Taylor, who, unavoidably, is not in his place today. I am sympathetic to the case she made and to the points made by the noble Lord, Lord Best, about the importance of garden villages and towns. We have of course initiated a programme extending to 10 garden towns and 14 garden villages. I thank my noble friend Lady Cumberlege, who rightly said that there are examples such as Poundbury that should act as signposts for what we can accomplish.

I think there was general support for this measure. I understand the points made by the noble Baroness, Lady Young—I applaud her for the work she has been doing on ancient woodlands—who said that it has to be done with consideration and sensitivity. I support the concept, as do the Government, as outlined in the White Paper. We are strongly of the view that this should be put in local control, so I am very sympathetic to the amendment. I would like to discuss the matter further between now and Third Reading with the noble Lord, Lord Taylor, and indeed the noble Lord, Lord Best, because they have great experience in this area—with an undertaking that I would really like to do something on this, as would the Government, and return to it at the next stage.

This has been a particularly enlightening debate. There was clear support across the Chamber for taking action; there are lessons that need to be learned, but strong examples of what can be achieved. I hope that, with that assurance, the noble Baroness will withdraw the amendment. However, I would be very happy to discuss the issue further with the noble Lords, Lord Taylor and Lord Best, and indeed any other noble Lord, with a view to coming back on Third Reading with at least a report on the discussions, and perhaps firmer action based on them.

[Baroness Parminter]

I thank noble Lords from all Benches, including the most reverend Primate, for supporting this very important amendment. It is quite radical: the Treasury is allowing an uplift in land values to deliver thriving communities every bit as good as those in other parts of the country, to which the noble Lord, Lord Best, referred. Garden villages and towns will be an important tool in delivering the housing that we need in future, as will good-quality neighbourhood plans. They can work together in the right places—a point well articulated by my noble friend Lord Teverson. I am most grateful to the Minister for his commitment to further discussion with my noble friend Lord Taylor and the noble Lord, Lord Best, between now and Third Reading. We hope that will result in a firm commitment to an amendment. On that basis, and on that basis alone, I beg leave to withdraw the amendment.

Amendment 10A withdrawn.

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It may be that the Minister’s brief has a bullet-point, one-line zinger that shoots down both of these amendments—no doubt I shall hear it in due course. But every time this has been discussed—at Second Reading, in Committee, and indeed earlier today in relation to previous amendments—the Government have found it exceptionally difficult to show, on the one hand, why they need this power and, on the other, that they absolutely do not intend to interfere with the operation of the NPPF. This is a very narrow line, and I do not believe that I can be certain that the present text does not stand anywhere near that line. I offer to the House that Amendments 18 and 25 do stand exactly on that line, exactly where the Government say they want to stand, and exactly where I and my colleagues believe that they should stand. I beg to move.

[Baroness Parminter]

My Lords, as these amendments are also in my name, I want to add that I think that they are an incredibly eloquent solution to the position that the Government now find themselves in, for which I commend my noble friend Lord Stunell. As we have heard from noble Lords around the House, there has been no real evidence put by the Ministers of the problem that these pre-commencement condition limitations are seeking to solve. We have had single citations from developers and development organisations, but there has been no clear indication of the scale of the problem—no indication at all. It is, I am sure, no surprise to noble Lords to find out that, when the Government consulted on this matter, there was not a majority in favour of pushing ahead with these proposals. Only a minority of people supported them.

In Committee, I spoke about the need to ensure that the housing we build in the future is truly sustainable, particularly from the perspective of dealing with flooding issues. I have genuine concerns that if the Bill goes ahead in its present form the limitations on pre-commencement clauses will limit the ability of local authorities to ensure at an early stage in the planning process that the homes of the future that we need are robust and do not add to flood risk. I contend that as regards not only flood risk but also risk to our natural environment, heritage and culture, the Bill does no more than respond to protests from developers, and will constrain our ability to build the homes that we need in the future.

My noble friend’s amendment is absolutely right and is a very clever way of ensuring that the Government achieve what they want to do, which I am sure we all agree is reasonable—namely, to ensure that unreasonable pre-commencement condition clauses are not put forward and that we focus on ensuring that anything that comes within the scope of the National Planning Policy Framework is deemed to be suitable. That seems to answer all the questions that noble Lords might have about that. Therefore, on that basis, I fully support these amendments.

[Baroness Cumberlege]

My Lords, I strongly support these amendments. If my memory serves me right, in Committee we voted against what was then Clause 12 standing part of the Bill. Clearly, that was not acceptable to my noble friend Lord Bourne. In the intervening period a lot of thought has gone into how we arrive at what the Government are trying to achieve. The noble Lord, Lord Stunell, put forward a case that was persuasive, clear, simple and elegant. As a latecomer to this debate on neighbourhood planning and local planning, I have learned a lot about the NPPF. I say with respect to the most reverend Primate the Archbishop of York that it is the bible of planning. It is the document that everybody looks to. The most reverend Primate whispers at me. I will seek absolution later.

This measure is a very clever way of meeting everybody’s needs. When one takes part in a Bill such as this, it is interesting to note where the traffic comes from in terms of the people who write to you and all the rest of it. I have not had any developers write to me but I have had correspondence from a lot of other people. As I say, this measure is a very clever way of trying to find a way through this issue. I hope that my noble friend—in this case it is my noble friend Lord Young, of whom I am an admirer, possibly a groupie, I do not know—with his intellect, and with the great intellect of my noble friend Lord Bourne, will say that we can find a way through this. This measure is probably the very best way we could find of doing so.

Neighbourhood Planning Bill

Baroness Parminter Excerpts

Report: 2nd sitting (Hansard): House of Lords
Tuesday 28th February 2017 Lords Chamber

[The Duke of Somerset (CB)]

My Lords, in Committee we heard powerful arguments both for retaining veteran and ancient woodlands and for the planting of new trees in new estates. I welcome the proposals in the White Paper but, as the noble Lord, Lord Framlingham, has said, this is the vehicle that we are discussing now. So I support this amendment, as I feel strongly that trees in any form hugely enhance an urban setting. They can ameliorate the sterility and newness so often and inevitably associated with such new developments. It is not just landscape or townscape; it is biodiversity and ecology that are improved. It also has a beneficial effect on the people, young and old, who live in the new community; it is they who will benefit from these trees. Trees and plants promote respect and foster community by softening the architecture and giving scope for educational projects.

In Committee, I gave a long list of benefits associated with urban tree planting, so I will not repeat them now. I will merely say that trees add value to a scheme, over and above any detriments that one can imagine. As to what those detriments may be, I await the Minister's reply, as I cannot discern any. When he answered in Committee, he had none, except to cite the forthcoming White Paper. I thank him for what this will do, but support the greater aims of this amendment.

[Baroness Parminter (LD)]

My Lords, from these Benches, I support the intent behind this welcome amendment. I too thank the Minister and the Government for what they have already committed to do. If we could just nudge them a little further, it would give life to the position that this House made clear in Committee—which is that we believe there should be an equivalence of protection for ancient woodlands. At Second Reading, the noble Baroness, Lady Young, used the memorable phrase,

“the cathedrals of the natural world”.—[Official Report, 17/1/17; col. 161.]

We need to be clear that the wording has to be watertight. We have seen with the National Planning Policy Framework that every word matters. We have boiled down planning policy guidance and we need planners to be clear about the level of protection that the Government want to offer to ancient woodland. If it is not given an equivalence in the wording, then there will be arguments about the level of protection that the Government wish to see and that this House has so clearly articulated that it would wish them to give.

That equivalence is important but if we do not do it now, at an early stage when we are beginning to understand the natural capital resources in trees—their cultural, social and biodiversity significance—there will be endless arguments among planners as this emerging field develops. The Minister’s clear statement that the Government want to give protection to ancient woodlands is welcome. With a small step in this direction, and tightening the wording of the NPPF, the Government could give us confidence that this intention can actually be delivered on the ground.

[Baroness Andrews (Lab)]

My Lords, I could not agree more with the noble Baroness, Lady Parminter. There is a strong argument for consistency of vocabulary and for the notion of significance in planning and the treatment of national assets. Paragraph 132 of the NPPF states that:

“The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction … As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification”.


This new status has taken many years to achieve. I remember having discussions in the department about how to increase the protection of ancient woodlands at least a decade ago. Thanks to the Minister and his officials, we have now got to the point where we recognise that there is an equivalence between a natural and a built asset. When we are dealing with the question of loss—even more than damage, in terms of ancient woodlands—it is fair to look at what equivalence can be made in relation to the NPPF. It is not just the use of language but the significance we attach to the notion of damage, and how extensive or irreparable it is, and to what it means to be wholly exceptional.

The formula which my noble friend Lady Young has come up with is quite sensible. It will save time and grief for planning authorities and people who have to deal with balancing these issues. Greater clarity and some consistency would be a help rather than an obstacle to achieving the objective and facilitating development.

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[Lord Campbell-Savours (Lab)]

My Lords, I was unfortunately unable to attend the Committee stage on the Bill because it clashed with other meetings. However, I want to use government Amendment 62 to raise an issue that, from what I have heard, was not dealt with in Committee.

I want to go back to the debate that took place on 17 March 2016, when the noble Viscount, Lord Younger of Leckie, commented on this whole question of the no-scheme world. Perhaps I may read out what he said and then ask some questions about how we should interpret it. He said that the compensation code—which, as I understand it, is dealt with under Amendment 62—

“is underpinned by the principle of equivalence. This means that the owner should be paid neither less nor more than his loss. The code provides that land shall be purchased at its open market value, disregarding the effect of the scheme underlying the compulsory purchase”.

I think that that is what the noble Lord, Lord Young, was referring to, and it is a question of rules. The noble Viscount continued:

“The land is valued in a construct called the ‘no-scheme world’, whereby any increase or decrease in value which is due to the scheme is disregarded. Land will always have its existing use value but market value also takes into account the effect of any planning permissions that have already been granted, and also the prospect of future planning permissions”.


He goes on to talk about “hope value”, and then says:

“In some situations there will be no hope value, because the individual claimant could not have obtained planning permission for some more valuable use. For example, the land might be in an isolated rural location where permission for development would have been unlikely to be granted”.—[Official Report, 17/3/16; col. 2040-41.]


In other words, as I understand that, there is provision within the law whereby we can acquire land at a very low price, depending on what the ultimate use of the land will be.

What I cannot quite get my head around is why, if that is the case, we cannot buy land for housing on that basis. Why cannot we buy land for housing on the same basis as we buy land for airports, motorways, bypasses, railways, reservoirs and other utility uses, and then build housing developments on that land? It could be acquired at a very low price, probably something like £8,000 or £10,000 a plot on which to build, as against often spending £50,000, £100,000 or £200,000 for a plot of land.

On this sort of housing use, Section 226 of the land compensation Act 1965, as amended by Section 99 of the Planning and Compulsory Purchase Act 2004, sets out conditions for applying for a compulsory purchase. It must aim for,

“the promotion or improvement of the economic well-being of their area”—

or,

“the promotion or improvement of the social well-being of their area”.

Therefore it is defined in the law that where there is an acquisition for improvements in social well-being, a CPO can be used. So why cannot we use that procedure for acquiring land at a low price to build the hundreds of thousands, if not potentially millions, of houses that are going to be needed here in the United Kingdom?

I go back again to the argument that I have used repeatedly in the House. I do not want to bore noble Lords, so I will put it simply: there is a difference in the cost of land in United Kingdom. You can buy land around the London area—agricultural land—at £20,000 to £25,000 an acre which, at a stroke of a planner’s pen, is worth £4 million or £5 million per hectare. If that is the case, it is the community that has increased the value of that land, not the landowner. Therefore, it is the community that should see the benefit of that land. If the community is to see the benefit of that land, it potentially means that we could create cheaper housing for thousands, or perhaps even millions, of people. We somehow do not do that, because we are always protecting the land value, which is only to the benefit of the people who own the land. I cannot understand why, if we have provisions in the law like this, which allow for the acquisition of land, we do not use them. We have a judgment from Lord Denning where he says that,

“Parliament only grants it, or should only grant it, when it is necessary in the public interest”.

It is in the public interest to acquire cheap land to provide housing for people in the United Kingdom. I have used this amendment as a peg, and I ask Ministers once again: why cannot we proceed on the basis that I keep advocating in this Chamber?

[Baroness Parminter]

My Lords, I sincerely thank the Minister for the consideration that he and the ministerial team have given to the comments and concerns that I raised in Committee. I offer those thanks on behalf of myself and the noble Baroness, Lady Andrews, who is no longer able to be in her place. In particular, I welcome Amendments 42 and 55, which specifically address the concerns that we had about the impact of the temporary possession proposals on the special land that the National Trust holds for the good of the nation. I am delighted with the way that the Minister has retained the status quo for the National Trust’s inalienable land. I thank him most sincerely.

[Lord Young of Cookham]

I am grateful to all noble Lords who have taken part in this debate, particularly to those who welcomed the amendments tabled by the Government to meet concerns expressed earlier on.

If I may respond briefly to the very important issues raised by the noble Lord, Lord Campbell-Savours, no one is more anxious than I am to see more houses being built. In view of his interest, he might like to come along on Thursday, when we have a debate on the White Paper, which will be a broader debate about housing. I will make three quick points about the question that he raised. First, Clause 29, the no-scheme principle, makes no fundamental changes to the principle of compensation. It seeks to clarify where we are by looking at past cases and setting out some clear rules, Rules 1 to 5, so that we can, in future, fairly assess the compensation that people are entitled to if they are affected by a CPO.

The second point, which really arises from that, is that we have always paid the market value. For as long as I have been involved in this type of legislation, when somebody’s land or property has been acquired, we have always paid the market value. That is the right thing to do in a fair society; otherwise, one is verging towards confiscation. If you are going to take away something at less than its value from an individual who does not want to part with it, that is approaching what could be called confiscation.