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

Baroness Wilcox of Newport Excerpts

Thursday 10th September 2020 Lords Chamber

[Baroness Wilcox of Newport (Lab)]

My Lords, I have a Motion to Regret the Motion of the noble Lord, Lord German. The regulations before the House today are indicative of the Government’s approach to planning; indeed, they are indicative of the Government themselves. They are another example of incompetence after a summer littered with U-turns. I begin by reminding the House of when these proposals first emerged. It was Thursday 12 March, and the impending crisis of Covid-19 was unfolding. It was on that day that the Chief Medical Officer first raised the risk from “moderate” to “high”. Public Health England announced that it would stop performing contact tracing, as it could not cope with the number of infections. As a result, the FTSE 100 plunged by more than 10%, the biggest drop since 1987.

It was on that day, at a key point—coincidentally, I am sure—during the unfolding crisis that the Communities Secretary informed the Speaker that he would make a Statement in the Commons. Perhaps he would be updating the House on the important role of local government in what had now been declared a pandemic. Perhaps the ministry would support the most vulnerable, who would soon be subject to self-isolation. No, on both counts.

On that day, the Communities Secretary announced that blocks of flats could add an additional two storeys without planning permission. Fast-forward six months, and while the Government should have spent the summer preparing for autumn and winter, they have spent it lurching from crisis to crisis, with not a government resignation in sight. The Secretary of State’s pet project —to transform the skylines of suburbia—is still being pushed through. All the while, the High Court awaits a hearing for claim of judicial review to block the move and local communities and local councils across the country are livid at the prospect. Yet for reasons unknown, this House is today still being asked to consider the implementation of these regulations.

I need not go through every issue with allowing developers to build upwards without consent, as this House has already well illustrated the flaws. I am sure that grass-roots campaigners behind the legal challenge will also do so. However, I firmly believe that, at the very least, we should make two preconditions for all residential developments: first, they should afford the resident a fit and proper place to call home; and, secondly, they should respect both the natural and human environments that exist around them. It is abundantly clear that new upward developments will not ensure either of these.

We have already heard concerns that these new homes will be cramped, undersized and at times poorly built. Surely many, if not most, will be unaffordable, since there will be no screening of the new spaces and no requirement for homes to meet Section 106 duties. Both the Minister and I are former council leaders, and I am sure he will agree with me that Section 106 funding plays a vital role in providing important community facilities that councils could not otherwise afford—particularly after a decade of austerity and underfunding of local government. There can be no doubt that new developments will impact the quality of nearby homes and communities, either by poor design or by the blocking of light.

Of course, there is more to these regulations than a new right to build additional storeys. As a result of this instrument, permitted development rights are also extended to allow for markets and motorsport events to take place more frequently without permission. I have no qualms with the Government supporting outdoor events, and they are right to explore ways of doing so. However, will the Minister explain why this measure has been lumped into this instrument, rather than including it in the Business and Planning Act? Surely that would have been a more appropriate setting for the House to consider the merits of this provision. There are also further provisions which make minor changes to compensation liability, as well as to the length of time for which land can be used temporarily. I would be grateful for clarification as to if, and how, the Government worked with local authorities on the drafting of these provisions.

I hope I have made it clear that the provisions of these regulations in relation to upward developments and the omission of Section 106 contributions do not have the support of our party. We will not vote against them today but will instead await their consideration by the Commons and the judgment of the High Court. I urge the Government to look for ways of restraining developers’ profits, so that opportunist developers have less ability to make life worse for our communities. If we have learned anything from the past six months, surely those of us in public service should be striving to make things better for the people of the United Kingdom.