Localism Bill

Baroness Smith of Basildon Excerpts

Wednesday 12th October 2011 Lords Chamber

Moved by

[Baroness Smith of Basildon]

204B: After Clause 99, insert the following new Clause—
“Development plan documents: climate change and carbon budgets
(1) Section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of local development documents) is amended as follows.
(2) For subsection (1A) substitute—
“(1A) Development plan documents must include policies designed to ensure the development and use of land in the local planning authority’s area—
(a) achieves reductions of greenhouse gas emissions in line with the carbon budgets set under the Climate Change Act 2008; and(b) meets the national planning policy objectives on assessing the risk of and adapting to climate change in relation to that area.””

[Baroness Smith of Basildon]

My Lords, I am sure that the Minister has noticed that the amendments in this group are the same as the ones that I brought forward previously, but she will be relieved to know that I shall not be repeating that discussion. I have brought them back in order to seek clarification on a couple of points.

When I read through the Hansard for that debate, it seemed that, although the noble Lord the Minister who responded to me on that occasion and I were heading in the same direction, we were on different paths. I think that there was some misunderstanding about the issue at the time.

During that debate, I listened to the Minister’s response and agreed that I would take note of what he said. However, I also wanted to read his comments to be clear about his reasons for not being able to agree to the amendment, because he certainly agreed to the principle behind them. He agreed with us that responsibility for the policies to tackle climate change relate not to just one government department but cut across departments. If the Government are to achieve their targets, they need to have policies across all areas, including planning, which is very important. Therefore, as I said to the noble Baroness, I am not repeating previous comments but am simply seeking clarification.

First, in the previous debate the Minister said that the amendment was unnecessary because neighbourhood development plans would have to be drafted, and he used the phrase “in general conformity with” the strategic policies of local plans, which would obviously include policies on climate change. I think that he was trying to be helpful. We thought that the Government would accept the amendments that we had brought forward because, if the plans can be “in general conformity with”—the phrase used by the Minister—that can exclude specifics. The reason for tabling this amendment is to see whether the noble Baroness can tighten that up a bit. I think it was agreed that, if neighbourhood development plans had to be in conformity with strategic policies and local plans, that would be a little stronger and give a clear indication and guidance that the Government intend neighbourhood development plans to take into account climate change. At the moment there is a little bit too much wriggle room, which could be damaging for the Government in trying to reach their targets.

Secondly, at that time the Minister was concerned that neighbourhood development plans should achieve reductions in greenhouse gas emissions in line with carbon budgets set under the Climate Change Act 2008. I think he was under the impression that this would mean that every area would have to achieve the same level of reduction. That is clearly impossible and was never intended in the amendment, and I shall therefore be happy if someone can come back with different wording. Both these amendments seek to ensure that all plans, at whatever level, take these issues into account so that they can make a contribution to the targets and the issue is not ignored.

The intention is no more than that, and I hope that the noble Baroness will be able to come back on both those points. Amendment 204B seeks to deal with the question of “in conformity with” and the second amendment, Amendment 206B, tries to make a contribution to the climate change targets but does not insist on equal contributions being made. I fear that, although it is not the Government’s intention, this issue could be ignored. I know from the comments made by the Minister on the previous occasion that that is not the intention but I seek to ensure that it is not the effect.

[Lord Deben]

My Lords, there is an issue here with which I hope the Minister will be very careful. Local authorities need to be reminded all the time, and we have had some difficulty in the past in concentrating the Government’s mind on the place of local authorities in carrying through the nitty-gritty of fighting climate change. Unless we make sure that they understand that they are on the front line and that what they do contributes a huge amount to the totality, we are going to be in difficulty. I do not think that it would matter so much had we not taken quite some time to get that into the whole run of things. This was a big issue in earlier Bills, and I hope that the Minister will understand that there is a real appetite for her to be pretty tough about this and to make sure that local authorities recognise their role.

--- Later in debate ---

[Baroness Hanham]

My Lords, it has had a slightly longer shrift than I thought it would. I think this amendment was slipped in on the basis that there would be a two-minute discussion on it. I might have known that it would generate a bit more than that. I hope that I can deal with it quite swiftly. In the draft national planning policy framework there is a very clear description of what is expected in terms of the planning responsibility. The Government’s objective is that the planning mechanism should fully support the transition to a low-carbon economy in a changing climate, taking full account of flood risk and coastal change. That requirement is contained in the national planning framework, which is subject to the consultation.

There is already a climate change duty on plan-making. That duty seems sensible and was introduced by the previous Administration. I do not think that we are likely to change that at present. It is not worth rehearsing how the duty works but a local council’s development plan policy documents taken as a whole—that is, their local plan—include policies designed to contribute to mitigating and adapting to climate change. The neighbourhood plans have to fit in with the local development plans, so the neighbourhood plans cannot duck the issue. Therefore, there is a clear line between the local development plans and the national policy framework as one leads into the other—it goes down from the national to the local to the very local and there is a requirement to take it all into account. Local communities when they are preparing plans will be in no doubt about the planning requirement.

We have proposed in the framework that the planning system should aim to secure, consistent with the Government’s published objectives, radical reductions in greenhouse gas emissions. These objectives include the carbon budgets set in law which now cover the period to 2027. The noble Lord, Lord Judd, is correct to say that the emphasis on how you do this will differ in different places. Kensington High Street in my borough is one of the worst areas in this regard but then all the traffic in the world comes past our front door. It is difficult to see how one borough can make the full contribution that is required but it has to contribute to the target. That is clearly understood in the national policy framework. The noble Lord, Lord Reay, has raised wind farms previously and I am sure that he will do so again but at the moment the planning is pretty clear on what is required. I hope that with that explanation the noble Baroness will feel able to withdraw the amendment.

[Baroness Smith of Basildon]

I am grateful to the noble Baroness as I think she has understood what we were seeking to do—to get these issues taken into account. I thought that when the amendments were moved at a previous stage we were on the right track but that we did not quite tie up the loose ends. I am grateful to the noble Baroness for her explanation. Like her, I was surprised that the debate took the direction it did but I should know that at any mention of climate change the noble Lord, Lord Reay, will always talk about renewable energy and wind farms. However, that was not the intention behind the amendment. It was exactly as the Minister described. As I say, I am grateful to her for her helpful explanation. I beg leave to withdraw the amendment.

Amendment 204B withdrawn.