Business and Planning Bill

Baroness Pinnock Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 6th July 2020 Lords Chamber

[Baroness Pinnock (LD) [V]]

My Lords, now that the technical issues have been resolved, I draw the attention of the House to my interests as a councillor in Kirklees and as a vice-president of the Local Government Association. I thank the noble Earl, Lord Howe, for his ever-helpful approach. We have had an excellent and well-informed debate on the proposals in the Bill and my hope is that he will be able to respond positively to the many concerns that have been raised.

Liberal Democrats on these Benches understand and support the general thrust of the Bill, which is to provide additional flexibility to some specified businesses that have been hit hard by lockdown in the early months of the pandemic. We also appreciate that the Government want to provide these new flexibilities as soon as possible. However, that should not result in the measures included in the Bill not being given the full level of scrutiny for which this House is responsible. My colleagues and other noble Lords from across the House have raised questions and concerns on a number of issues which require answers from the Government.

Part 1 enables pubs, bars, and cafés to apply for pavement licences to expand on the amount of seating available and provide some recompense for a reduction in the customers permitted within the premises. My noble friend Lady Thornhill has drawn attention to the confusion of responsibilities for licence applications in two-tier local authorities, which needs to be resolved. My noble friends Lady Randerson and Lady Bowles have spoken on this issue and suggested variations on the measures in the Bill. The RNIB and Guide Dogs have raised concerns, as have local councils and disability organisations. They are all concerned that people with visual impairments, in wheelchairs or pushing buggies will find that they are unable to pass safely on the pavement. Reassurances must be provided that the needs of businesses will not surmount the needs of pedestrians.

Part 1 also includes one of the more controversial proposals, which is to permit sales from pubs and bars of alcohol in “open containers”. My noble friend Lord Paddick has spoken eloquently, and from his vast experience, on the topic. This measure really does require modification to minimise the problems that could well follow in town and city centres, putting additional pressure on the police and councils. It is not right to pass the additional costs created by businesses on to these public services without providing appropriate financial compensation. Noble Lords from across the House have voiced anxieties on this provision. It requires changes in the Bill.

On Part 2, my noble friends Lady Kramer, Lady Bowles and Lord German have explained why they have concerns about the Bill regarding the loan scheme and highlighted issues about insurance and whistleblowing. We look forward to the Minister responding constructively to their expert comments. My noble friend Lady Randerson has also voiced concerns about the renewal of driving licences for bus drivers. I look forward to the response on this vital safety question.

Part 3 relates to changes to planning legislation. The elements that relate to extending permissions are welcome, both for planning authorities and for developers. However, one part of this provision, for automatic extension involving environmental conditions in a planning consent, has to be reconsidered, in order that vital environmental protections are not overridden in the name of construction for the short term, while enabling destruction of our natural environment in the long term. This is not in tune with the Government’s claims of “building green”.

Every planning consent includes conditions on hours of working. They are there for a purpose. They provide a safeguard for neighbours; extension of hours has to be with the consent of those it affects. The Bill fails to give enough emphasis to the views of neighbours and gives the impression that construction needs are more important, especially as it is possible for developers to apply for a construction period of 24 hours a day. My noble friend Lady Randerson rightly warned that one man’s bureaucracy is another man’s democratic right, and this applies particularly to planning.

My noble friend Lord Shipley asked whether a pre-consultation period can be included, so that the narrow windows for applications make for more transparency and inclusivity. He also asked the Government to disapply the current requirements on councils for the housing delivery test, for which there are draconian consequences where not met. Will the Minister give assurances on this issue? My noble friend Lady Doocey raised planning issues regarding tourism and I look forward to the Minister’s response.

Planning appeals are a crucial part of the planning process and, as the noble Lord, Lord Kirkhope, stated, these are already weighted heavily in favour of developers. It is to be regretted that this is the one change that is to be permanent. It should be a temporary change along with the other measures, with any permanent change being included in the next planning Bill.

My noble friend Lady Kramer also raised what must be a government oversight: TfL, and other London development agencies, are not included in the Covid legislation on virtual decision-making. I am confident that the Government will want to rectify this omission to enable those bodies to make decisions openly and transparently.

The majority of these changes affect local government, yet they incur additional costs without additional funding. It is already clear that many councils have huge financial pressures, even after the latest funding announcement from the Government. The extra costs for councils in the Bill need to be reimbursed.

In conclusion, there are important changes in this Bill, which are largely supported. However, the measures are piecemeal and apply to a narrow section of local businesses. The Bill cannot be seen as part of a more thought-through response. In that sense, it is very much a wasted opportunity for setting out a clear strategy that will provide some hope, both to communities and to businesses. I look forward to the Minister’s response.