Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020

Baroness Pinnock Excerpts

Thursday 10th September 2020 Lords Chamber

[Baroness Pinnock (LD) [V]]

My Lords, I refer to my interests in the register, as a councillor in Kirklees and as a vice-president of the Local Government Association.

I thank both my noble friend Lord German and the noble Baroness, Lady Wilcox, for raising these issues today, and for making such powerful cases for this permitted development right to be withdrawn—though I am not holding my breath. They were not alone; their view has been supported by several noble Lords and this matter is the subject of a judicial review.

As a councillor, I know that issues about changes to the built environment are very much a concern of local residents. The current, locally based planning system enables residents and councillors to voice the immediate impacts and consequences of alterations to buildings. Of course, small additions or alterations that comply with current standards do not have to be considered publicly. The issue, and the subject of this debate, is where to draw that line.

I contend that extending permitted development rights permanently, via this back-door process, to allow two further storeys on blocks of flats that are already of three storeys or more, breaks that balance of development rights and resident and neighbourhood rights. This is what is at stake, with the gradual erosion, by this Government, of the rights of local people to have their voice heard.

One of the drivers for the original Town and Country Planning Act was to provide a process whereby standards for individual buildings and design that benefited whole neighbourhoods could be agreed and set. One of the purposes was to ensure decent, habitable standards in new houses following slum clearances. What is absolutely shocking to read in this SI are the regulations to ensure that new properties have

“adequate natural light in all habitable rooms”.

That should have been a given, and this demonstrates the need for planning oversight of new builds and conversions.

Many significant criticisms have been raised today. The noble Lord, Lord Thurlow, made a strong case against what he called “PDR mark 1”, for constructing very poor-quality flats from office conversions, and hoped that PDR 2 would not replicate the failings. We need answers from the Minister: how are existing residents to be protected during construction? There is also the crucial challenge of learning lessons from the Grenfell tragedy—of the need to provide safe exits in case of fire or other major incidents. How will the recommendations from phase 1 of the inquiry be put into practice so that safety really does come first?

The impact assessment published with the SI states that the Government aim to make better use of land by building upwards—this is not an issue in itself. The only reason given for this permitted development right is that planning permission

“includes costs and can take time.”

Actually, so it should. Raising a block of flats by two storeys may have a very significant impact on residents and communities; they should be subject to proper, transparent and public decision-making. Unfortunately, some noble Lords believe that bypassing the planning process ensures more housebuilding. This is simply not the case. The LGA estimates that nearly 1 million homes have planning consent but have not been built.

As my noble friend Lord Greaves rightly said, this is an example of the Government trying to micromanage planning while ignoring local people—and all this to achieve perhaps 800 new properties a year. My noble friend Lady Thornhill pointed out that this PDR now looks just like a planning application, with the exception that space standards can be ignored, to the detriment of the residents. As the noble Baroness, Lady Andrews, has said, there are major issues to consider about freehold and leasehold that have not been addressed.

An early review has been proposed, and I hope the Minister will agree to this: none of us wants to be associated with creating new slum dwellings. What this all points to is the Government making lucrative gestures to their developer friends, and not to the needs of those in desperate need of housing. That is no way to build better.