Calais Camps: Unaccompanied Minors
Debate between Baroness Williams of Trafford and Baroness Gardner of Parkes(8 years ago)
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Baroness Williams of Trafford
It is estimated that there are approximately 1,300 children in the camps in Calais and that about a third of that number may be eligible to come here under either Dubs or Dublin. As I have said to the House on previous occasions, since the beginning of the year 140 children have qualified under the Dublin regulations and most of them have been transferred. In addition, this week 14 children were transferred on Monday, 13 on Tuesday and 12 today, so the actual number is estimated to be around three times the number that the noble Lord has stated. However, whether under Dubs or Dublin, we are absolutely determined to get those children here. The noble Lord will know—because I have stated it previously—that the Home Secretary regularly presses for those children, first, to be brought here and, secondly, if they are not here, to be put in places of safety before the camp is cleared.
Baroness Gardner of Parkes (Con)
My Lords, a lot of dissatisfaction has been expressed in the paper today with people saying that these are adults rather than children. The paper went on to say that the best way of identifying age is through a dental examination, as wisdom teeth are highly significant, and that is why I am asking this question. It also said that a dental examination could not be done without parental consent, although of course various X-rays can be done without even opening a child’s mouth. There is something very strange about that. I wonder why it has not been possible to come to an agreement whereby, if you want to come in, you are obliged to give consent to be checked regarding your age.
Baroness Williams of Trafford
My Lords, I confess to being 49 years of age and still not having wisdom teeth, but that probably says something about me. We are working very closely with the French authorities and their partner agencies to ensure that all those who come to the UK from the camps are eligible under the Dublin regulations. All individuals referred to the UK authorities by the FTDA are interviewed by French and UK officials and, where credible and clear documentary evidence of age is not available, criteria including physical appearance and demeanour are used as part of the interview process to assess age. That is the process in France and I want noble Lords to be quite clear that we are bound by the French system of assessing age in France. When those children come to the UK, we do not use dental X-rays to confirm the ages of those seeking asylum. The British Dental Association is vigorously opposed to them and has described them as inaccurate, inappropriate and unethical.
Student Visas: Pilot Study
Debate between Baroness Williams of Trafford and Baroness Gardner of Parkes(8 years, 2 months ago)
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Baroness Williams of Trafford
My Lords, I commend the noble Lord in his role, because St Andrews is an excellent university. The universities of both England and Scotland want to attract the brightest and best talent from around the world—and they do.
Baroness Gardner of Parkes (Con)
My Lords, will student exchange schemes be at all affected by this? They are wonderful schemes—and I declare an interest in that one of my daughters went on an exchange to Monash from Warwick University. Will those people have any problem in future?
Baroness Williams of Trafford
My Lords, student exchange schemes should not be affected by this at all, given that they are in the education system.
Planning: Retrospective Applications
Debate between Baroness Williams of Trafford and Baroness Gardner of Parkes
Baroness Gardner of Parkes
To ask Her Majesty’s Government whether they will include in the draft regulations flowing from the Housing and Planning Act 2016 measures to deal with retrospective planning applications and variable fees for higher cost developments.
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)
My Lords, I understand the frustration that breaches of planning control can cause. National planning policy was strengthened on 31 August 2015 to make intentional unauthorised development a material consideration in the determination of planning applications. We do not intend to impose higher fees for retrospective applications, but it is right that larger developments attract a higher planning fee. Fees already vary depending on the application type and the type and size of development proposed.
Baroness Gardner of Parkes (Con)
I thank the Minister for that Answer, but I remind her, although she may not need any reminding, that on the first day of consideration of the then Housing and Planning Bill, the subject was raised of the need for draft regulations and the scant detail that came to this House in that Bill. Can she confirm that we will definitely have draft regulations now that it is an Act, and that there will be adequate time for this House to consider this very important detail?
Baroness Williams of Trafford
My Lords, I do not need reminding; I shall never forget the first day of the Housing and Planning Bill. It has not become a recurring nightmare yet, but I certainly heard the feeling of the House loud and clear. I totally concur with my noble friend’s point that regulations should be in draft and ready on time for proper consideration by this House.
Baroness Williams of Trafford
My noble friend sends a question to try me. I will have to write to him on that.
Baroness Gardner of Parkes (Con)
My Lords, is it not a fact that the statutory instruments brought to us are unamendable and that, following the comments we have heard today in the Chamber, there may be a need to look at that again? Opinion is divided and some say that there is no reason why they have to be unamendable—it would be a question of legal decision and a procedural matter. In a case such as this, where my noble friend has assured us that we will have the right to go into the detail, we will be satisfied, but there are many cases where the statutory instrument comes up, such as the one concerning the leasehold valuation tribunal, and it has to be either abolished or accepted—there is no choice of any halfway house.
Baroness Williams of Trafford
I think my noble friend made her point very clearly in her supplementary question about draft regulations being ready on time for proper consideration. I am not a constitutional expert and I do not want to go into that area, but giving noble Lords sufficient time to consider regulations is certainly important.
Housing and Planning Bill
Debate between Baroness Williams of Trafford and Baroness Gardner of Parkes
Baroness Williams of Trafford
My Lords, I am slightly confused now because Amendment 108 says that all local authorities may increase fees beyond cost recovery.
Baroness Gardner of Parkes
My Lords, this debate has been very interesting and it has certainly ranged widely. I still think it very important that fees should be related to the cost of the project. I cannot reconcile the small, individual application for something in your own home as compared to that for a multimillion pound development. There must be variation in that; there is certainly a big variation in the amount of work involved on the part of the council in considering the other type of application.
I was interested to hear from the noble Lord, Lord Kerslake, that people had said to him that in general they would like a better service. They were not so worried about the cost of it—that is, the person who has the big development. The small development person is very worried about their one little bit and would rather wait longer and pay less. But I can understand that if you are doing big business and hoping for a huge profit at the end of your project, speed is of the essence in getting it on and sold. The papers today tell us how this year will be a terribly bad one for London at the top of the property market yet last year—or it might have been the year before—was fabulous. Whenever it was, the people developing for a big profit are out to catch the market at the right time, so time is very important to them. If you are doing your own small building, you would rather be sure that you can afford to do it than suddenly pay an extra fee to get permission quicker.
The Minister referred to pilots. I would like to think that she really does have pilots under way and that we are going to learn something from them. I understand from what has been said that that will be discussed next week. I am therefore encouraged by her saying that these pilots are being worked on. I will reserve my views and not press this amendment tonight because it is late. A lot of interesting points have been raised and I would like the opportunity to discuss this matter with the Minister. I would also like to see the result of the debate on pilots next week but, as there are not enough Members left in the House to give us a true vote tonight, I beg leave to withdraw the amendment.
Housing and Planning Bill
Debate between Baroness Williams of Trafford and Baroness Gardner of Parkes
Baroness Gardner of Parkes (Con)
My Lords, this is a very emotive issue. I recall very clearly being quite upset and thinking it very wrong when I discovered that people earning huge salaries—we all know that Bob Crow was the famous one so much in the public eye—occupied properties that someone in much greater need would have required. Yet I also understood his feelings that it was his home, he had lived there a long time and he wanted to stay. Therefore, a very fair answer seemed to me to pay more. I again declare my interest, which is in the register and as I have done every time before.
Would not the answer to all this administration being discussed be to place the onus on the tenant to state whether their income is above a certain amount? That way the council would be much less restricted by being obliged to do it. Either you make it compulsory with a “must” or you do not bother to enforce it too hard at all but give a penalty if, at later stages, you discover that people have not declared when they should have. The whole thing is extremely difficult, yet the people in the greatest need should occupy these properties.
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)
My Lords, the amendments in this group seek to make the policy voluntary for local authorities and to impose restrictions on where the policy should operate. These are basically wrecking amendments and I should be clear up front that we cannot accept a voluntary approach for local authorities. Local authorities can now, if they want, put a voluntary scheme in place, but we are not aware of any that have actually done so, so the policy must remain mandatory.
Within these amendments there may be some room for common ground, particularly around considering the impact on authorities in particular areas. Combined with the reassurances that I have provided on the proposals for the design of the policy through regulations, I hope that this can help us avoid an argument about the nature of the scheme. We are clear that it should be applied consistently by local authorities.
Amendment 72, tabled by the noble Lords, Lord Kennedy and Lord Kerslake, would have the effect of making the policy voluntary for local authorities to operate. As I have explained, we cannot accept this position. Unless there are very good reasons for an authority not operating the Government’s policy, with those circumstances set out in regulations, we want a consistently applied policy.
I think that it was the noble Lord, Lord Kennedy, who asked how the figures had been arrived at. The figure of 30,000 represents the top 40% of earners and the figure of 40,000 represents the top 20% of earners.
Housing and Planning Bill
Debate between Baroness Williams of Trafford and Baroness Gardner of Parkes
Baroness Gardner of Parkes
My Lords, I support the point just made that language is very important in this matter, but I am slightly disturbed by the noble Lord, Lord Greaves, saying that the language is too simple and talks down to people. What does it matter if the planning officers find it all so simple? I am a great believer that ordinary people should be able to understand the law. Therefore, it should be in as simple a form as possible and we should not worry about who feels that they are being talked down to. We have just had two conflicting statements on that, but I agree with the noble Baroness, Lady Andrews, that language is important.
Baroness Williams of Trafford
I, too, agree that language is important and what might be talking down to one person might feel incredibly complex to another, particularly when it comes to planning, which lies outside the interest of most people and is of interest only when it affects them.
The effect of Amendments 90ZA, 95ZA, and 95BA, tabled by the noble Lord, Lord Greaves, is to replace “technical details consent” with “development details consent” to reflect his wish that applications following the grant of permission in principle should be determined in accordance with the existing rules relating to planning applications under Part 3 of the Town and Country Planning Act. I share his desire to ensure that an application that follows a grant of permission in principle includes a robust process that allows for consideration of development against local and national policy. We have set out our wish for an application for technical details consent to strike the right balance between securing such a process, while minimising unnecessary duplication at the permission in principle and technical details consent stages. We are currently consulting on how to get this balance right, and asking key questions about important matters such as information provision and involvement of communities and others.
Amendment 92HA allows me to explain the difference between permission in principle and local development orders. I apologise to noble Lords that I am slightly repeating myself, because I have just made this point in the previous group, but it is important to say again that local development orders are tools that local authorities use to grant detailed planning permission to specific development within a defined area. They are a particularly useful tool in unlocking problematic sites and play a vital role in regeneration. Local development orders and neighbourhood development orders will still have a role in allowing a local planning authority or neighbourhood groups to grant a more detailed planning permission for specific sites.
On Amendment 94ZA, we have taken a power to issue statutory guidance on the new system of permission in principle. We think that this is an important power as it will allow us to make clear to local authorities, developers, statutory bodies and the general public how the new system should work. The guidance will also help to make permission in principle fully accessible to all users, thereby placing strong expectations on how, where and in what circumstances permission in principle can be granted.
I turn to Amendment 94ZB. New Section 70(1A) as introduced by the Government will enable local authorities to refuse or approve an application for permission in principle. The amendment suggested by the noble Lord effectively removes the ability to make an application for permission in principle to the local planning authority. As I set out in my opening remarks, Clause 136 enables applicants to apply directly to their local authority for permission in principle and it is important to have this route, alongside being able to obtain it through a local plan, a neighbourhood plan or the brownfield register. Our intention is to make this option available for applications for minor development, specifically to help address the particular challenges faced by smaller developers, who often find that the cost of providing swathes of technical detail up front prevents them from entering the development market.
One of the ways that we can help to address this chronic housing shortage is by diversifying the housebuilding sector and encouraging small and medium builders and custom builders into the market. The permission in principle application route aims to help achieve exactly that, offering a route for smaller builders and even custom builders who can seldom afford to waste money on detailed planning information for sites that are unacceptable in principle to gain more upfront certainty and reduce the risk for them to enter the market. The permission in principle application route will be optional for applicants and will sit alongside other routes for securing planning permission. Permission in principle will be determined by local authorities in accordance with the development plan for the area unless material considerations indicate otherwise. We will be setting out minimum statutory requirements for consultation when an application for permission in principle is made to ensure that the local community and the statutory agencies are consulted before it is granted, closely following the existing requirements during the planning application process. In no way will the permission in principle application provide a route for applicants to push through unacceptable proposals. Instead it will be hugely beneficial to the SME market and could play an important role in helping to diversify the housing market.
Turning now to Amendment 94ZC, I am thankful to the noble Lord for his comments on how decisions to grant permission in principle are made. However, I do not think it is appropriate that permission in principle should be granted subject to conditions, because permission in principle is to provide simple certainty on the basic acceptability of the site early on in the process. As the permission in principle does not on its own authorise development, conditions at this point would unnecessarily complicate the process, although we expect local authorities to make clear when they give permission in principle the matters that they would expect to see covered in an application for the technical details consent, and we are currently consulting on how best to achieve this. The technical details consent application will provide the opportunity for the local authority to determine all further matters of the development in line with the local plan and other material considerations, subject to conditions. This is the appropriate time to impose conditions on how a scheme is to be delivered.
On Amendment 94B, I agree with the proposals put forward in the noble Lord’s amendment. That is why, in response, I draw attention to page 157 and more specifically to paragraph 11(2) of Schedule 12, which already makes the changes the noble Lord seeks to make with this amendment. I thank him once again for this debate and, in light of my comments, ask that he withdraw the amendment.
Baroness Williams of Trafford
Yes, it is, my Lords. I am sure we will argue this long and hard on Report.
Amendment 100ZAC, tabled by my noble friend Lady Gardner, seeks to enable local authorities to charge fees that exceed cost recovery in respect of their planning functions. The Government’s guidance on handling public funds entitled Managing Public Money states that charges and fees, like those for planning applications, should be set at cost recovery so that the Government do not profit at the expense of consumers.
Local authorities also have the power under the Local Government Act 2003 to charge for discretionary services up to the level of cost recovery. I know many local authorities have chosen to use this power to charge for pre-application advice. While limited to cost recovery, authorities must ensure that they do not make a profit from the provision of pre-application advice over the course of a year. However, I reassure my noble friend that the income generated from planning fees remains with the council. It is for local authorities to determine how these fees are used.
With one slight exception, I hope that noble Lords are satisfied with my comments and that the noble Baroness will feel happy to withdraw her amendment.
Baroness Gardner of Parkes
My Lords, I am most grateful to everyone who has taken part in this debate, particularly as the Committee sitting was extended to enable us to discuss this amendment tonight. Having sat here for many hours, that certainly meant a great deal to me.
A matter that has not been mentioned in this debate is that of enforcement. Many councils tell me that they do not have funds to carry out enforcement in relation to planning and various other matters. That is pretty important, particularly when people construct something which contravenes their planning permission. I know of a famous television celebrity who has carried out all sorts of things for which he is now applying for retrospective permission. When Barbara Castle came to this House—I had the honour of standing against her in 1970—the first thing she did was speak to an amendment I had tabled which opposed retrospective planning permission. She did not appreciate that she was meant to ask me whether she could add her name to the amendment. However, I was not a bit worried about that because she spoke on the issue superbly and her speech was well received by the House. However, there are many aspects of planning that people would like to address but cannot do so. I have mixed views on the suggestion with regard to private enterprise in this regard. Those decisions should be taken by councils, as with many other things. I hope that the Minister will have a meeting with me or recommend changes to my amendment and that I can bring it back on Report. Ideally, if the Government brought it back that would be the best of all, but, if not, I will certainly return to it on Report because it is very important. In the mean time, I beg leave to withdraw the amendment.
Local Government Finance Settlement: Transition Grant
Debate between Baroness Williams of Trafford and Baroness Gardner of Parkes
Baroness Williams of Trafford
I can certainly write to the noble Baroness. I understand that the formula will be published once the first payments have gone out, so that may help. I am certainly happy to write to the noble Baroness either before or after the formula has been published.
Baroness Gardner of Parkes (Con)
My Lords, on the amount of extra costs that we hear constantly being referred to in the Housing and Planning Bill and that will apply to local authorities, how will that be affected by today’s Budget? Is there any help in that, or in the settlement?
Baroness Williams of Trafford
I am not entirely sure how that relates to the Question in terms of the transitional formula.
Housing and Planning Bill
Debate between Baroness Williams of Trafford and Baroness Gardner of Parkes
Baroness Williams of Trafford
My Lords, I understand loud and clear the premise of the amendment of my noble friend Lady Gardner of Parkes, which proposes that the scheme for making the banning orders would not come into force until a year after the draft regulations setting out the nature and characteristics of banning order offences have been published. I understand the point about the laying of regulations and responding fully to the comments of the DPRR committee, which noble Lords have made loud and clear. However, I make it clear that people who have been convicted of offences that are in the nature of a banning order offence before the legislation comes into force cannot be subject to banning orders. That is quite important in the context of the discussion we are having. The legislation will therefore not apply retrospectively.
As I have said before, we have not included the specific offences in the Bill because we want the flexibility to add further. However, I can confirm that we will consult fully with interested partners on the matters that will constitute banning order offences before the regulations are laid in this House. I have set out the timetable for the consultation and for responding to the DPRRC. I hope to do that during Committee stage, but in any event we will definitely do it by Report.
I cannot remember which noble Lord—it may have been the noble Lord, Lord Foster—asked if we could have sight of what regulations there might be, when we might expect them and why we might not have them in a timely manner. I am more than keen to get what information I can to noble Lords to prevent some of the obvious concern that arises out of the Bill coming forward time and again, which it will—I cannot blame the House for doing that. The noble Lord, Lord Kerslake, is not in his place, but I point out that we are attempting to do that as fully as we can throughout the course of the Bill.
I hope that reassures my noble friend and other noble Lords that we do not intend to implement the banning order provisions in the Bill without fully considering the views of the interested parties on the nature and characteristics of such offences. We began that process last summer when we published our discussion paper on tackling rogue landlords, which noble Lords may or may not have seen, and we will develop them in further detail through further consultation later in the year. I therefore ask my noble friend to withdraw her amendment.
Baroness Gardner of Parkes
My Lords, I thank all those who have contributed very helpfully to the amendment and debated it. When the Minister says that she is more than keen to do things and make progress, I believe that. However, I feel there is a lack of willingness in the department. I do not say that just because she now happens to be the Minister. I had dealings with the Minister before her and with various Ministers before that. In all housing issues, I have found that there has been a reluctance to see any proper reform or progress. That is a great pity. We should probably have had a consolidation Act of all the property laws that have been passed. I have been involved in them myself since the early 1980s. All noble Lords know my registered interest, so I do not need to repeat it. Each time we pass another Act everyone working anywhere in the property world has to keep referring back to the previous Act and the Acts before that. I am told that consolidation Bills are not brought forward now because, in the past, the Law Commission used to finance them and bring them to Parliament. It will no longer do so unless Parliament agrees to finance the work that it does. This also needs a little bit of thought.
Something else that needs thought is the First-tier Tribunal. I opposed the removal of the leasehold valuation tribunal which could have dealt with the same sort of issue at a much lower cost. It is now extremely expensive. It used to be only £500. No matter what your case, more than £500 could not be awarded against you for most leasehold offences. Now, to bring your case at all, it is a minimum of £500 to walk in the door. It has changed into a much heavier legal procedure which I do not think works so well for simple cases. It has always been there and acknowledged to be necessary for the more important or serious cases. Certainly rogue landlords will come into that category. I did not speak earlier but, of course, the word “rogue” means something different to me as an Australian.
To return to the original point, I respect what the Minister has said. I hope she can persuade her department to bring these matters forward. I thank all those noble Lords who have participated and I beg leave to withdraw the amendment.
Housing: Carbon Monoxide Monitoring
Debate between Baroness Williams of Trafford and Baroness Gardner of Parkes(8 years, 11 months ago)
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Baroness Gardner of Parkes (Con)
My Lords, while declaring an interest as in the register, I beg leave to ask the Question standing in my name on the Order Paper.
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)
My Lords, the new requirements for smoke and carbon monoxide alarms were published widely, both before and after their commencement. Methods included contact from officials and stakeholders, a £10,000 government social media awareness campaign, leaflets distributed to landlords, press notices, Facebook posts and an awareness campaign run by the Chief Fire Officers Association, which was estimated to have reached more than 8 million people.
Baroness Gardner of Parkes
I thank the Minister for that reply, but I spent an hour and a half this morning in the Library, trying to trace with the staff the public information that is available. They suggested that the thing to do was to go on to the GOV.UK website, which is the official national website. I have pages from it here. The opening page referred me to another document, then to another document and another. There were alternative searches. What it all boiled down to was: if you proposed to rent a property and had no idea, you should ask the landlord. I am, of course, a landlord. I found it impossible when I bought the carbon monoxide monitors to know where I should put them. Now, having studied this all morning, I have discovered that they are only for if you are burning solid fuel. They are not for gas at all. This has not been made clear. I could show her chapter and verse but I do not want to waste the time of the House—
Baroness Gardner of Parkes
I could show where GOV.UK definitely does not have the answers that people require. Will she update the website?
Baroness Williams of Trafford
My Lords, I will not personally update the website but I thank my noble friend for alerting me to the fact that it is not as accessible as it should be. I will take that back. We constantly update the GOV.UK website to make it as up to date and accessible as possible. I mentioned the other matter of solid fuel appliances requiring carbon monoxide alarms during the debate on the relevant SI, but perhaps I could have been clearer about it.
Planning (Subterranean Development) Bill [HL]
Debate between Baroness Williams of Trafford and Baroness Gardner of Parkes
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)
My Lords, I start by thanking the noble Lord, Lord Dubs, for introducing the Bill to the House and for setting out its purposes. In response to a question from my noble friend Lady Gardner of Parkes, he confirmed that there is a slight error in the Bill, which I hope will be corrected.
I take most seriously the concerns that noble Lords have raised today. I declare an early interest in Primrose Hill, being one of its residents, but I assure the noble Lord, Lord Dubs, that I am not au fait with what has been dubbed the Death Star basement development—because I am probably not rich enough to live anywhere near it. I do not underestimate the disturbance and distress that subterranean development can cause. I know that it is a particular problem in some areas, including some London boroughs. As some noble Lords said, it is a problem that appears to be spreading out to areas such as Camden.
The issues around subterranean development can be very complex and cover many aspects of the planning and construction process. They include concern over noise and general disturbance, as well as the consistency and effectiveness of enforcement of existing regulations. The Bill before us is intended to prevent the granting of planning permission for subterranean development where certain specific conditions apply, as the noble Lord set out. However, as noble Lords, particularly my noble friend Lady Gardner, have said, we must recognise that subterranean developments can, where appropriate, provide much-needed additional family accommodation without leading to lasting visual effects from the development.
It is often when the works are in progress that the issue of concern to neighbours arises. The noble Lord, Lord Dubs, my noble friend Lady Gardner of Parkes and the noble Earl, Lord Lytton, pointed that out. Clearly, the public expect effective and responsible management of developments and swift action when things go wrong. My noble friend Lord Marlesford mentioned people drilling through his wall, so I apologise for not mentioning him before.
Existing legislation already provides for that, and local authorities have a wide range of powers under the statutory nuisance regime set out in the Environmental Protection Act 1990. I hope any other noble Lords who have problems in this area will contact the local authorities and, should they need to refer to me, I would be very pleased to hear—or, rather, not very pleased to hear—of any particular problems arising. Used correctly, I think they can address some of the problems that we are considering today.
Local authorities can adopt local planning policies by which planning applications for basement developments will be determined, reflecting the specific priorities of the area. This would allow for consideration of the impact of the proposed development. On comments made by my noble friend Lady Gardner of Parkes, they can condition individual planning consents to restrict hours of working and limit noise and disruption. They can also publish—and they should publish—codes of conduct for responsible contractors. Local planning authorities are required to undertake a formal period of public consultation prior to deciding a planning application, which anyone can respond to, in particular those who may be directly affected by the proposal. My noble friend Lord Marlesford referred to the Christmas period—and other noble Lords raised it as an issue—by which developers sneak in planning applications, hoping that they will not be noticed.
As for the time for consultation under party wall issues, under the Party Wall etc. Act, building owners must serve notice on adjoining owners of at least one month before the work begins. Again, the owners have 14 days to reply; if a reply is not received, a dispute is deemed to have arisen, and surveyors will need to be appointed to draw up an award. The period for making comments on a planning application is not and should not be less than 21 days.
On flood risks, the National Planning Policy Framework sets out strict tests to protect people and property from flooding which all local planning authorities are expected to follow. This states that inappropriate development in areas at risk of flooding should be avoided. Planning practice guidance supporting the framework is clear that basement dwellings should be classified as highly vulnerable development in terms of flood risk; as such, they are inappropriate and should not be permitted in areas with a high probability of flooding, and allowed only exceptionally in areas with a medium probability of flooding. When nationally set permitted development rights apply, we have ensured there are powers for local authorities to be able to remove them, through the making of an Article 4 direction, with reasonable limits on compensation liability. This brings development under the local authority’s control. When planning permission is granted, local authorities can condition consents to restrict hours of working and limit noise and disruption to neighbours. In addition, they can address noise and other potential nuisance from construction sites. A number of noble Lords brought that up.
The Control of Pollution Act 1974 ensures that local authorities can enforce on matters such as equipment type—that has been brought up today—hours of working, and acceptable noise levels, in accordance with a code of conduct approved by the Secretary of State for the Environment, Food and Rural Affairs. Similarly, local authority environmental health departments are able to act, under the statutory nuisance regime set out in the Environmental Protection Act 1990, when there is excessive noise and other nuisance.
The Party Wall etc. Act 1996 applies to most basement developments. In such cases where a dispute arises, it is important that a detailed and thorough party wall agreement between a building owner and a neighbour is prepared, to ensure that all parties are clear on the detail of the work being carried out, the time and manner of executing any work and the arrangements for resolving any disputes, including compensation in some cases. The noble Lord, Lord Selsdon, asked about updated guidance. We updated our guidance on the Party Wall etc. Act in January 2015 to make it easier to use and to provide additional information on the role of surveyors and on matters to take into account in making a party wall agreement. That was the second update of the guidance. The Basement Information Centre has also published guidance on basement developments.
Once development is under way, all works need to comply with the Building Regulations 2010 and relevant health and safety at work legislation. Work on basements also needs to be carried out in accordance with the Construction (Design and Management) Regulations 2015. Buildings that become structurally unsafe while building work is being carried out can be dealt with under the provisions in the Building Act 1984, which allows local authorities to act where there are dangerous buildings.
The Health and Safety Executive’s guide for small builders on safety issues during basement work, which was published in 2012, will also help ensure excavation works are carried out safely. In addition, by carrying out safety checks at sites where works are under way, the HSE continues to ensure that any breaches of the legislation are identified and quickly acted on. Many local authorities, such as Kensington and Chelsea, which has been mentioned, produce guides or supplementary planning documents on basement development to ensure that householders and their neighbours understand the processes and consents required for basement development. This will be complemented by our work with the Basement Information Centre to augment the guidance it provides about the construction of basements to cover the concerns that have been raised about them.
Some very specific questions were asked. I will attempt to answer them. The noble Lord, Lord Dubs, asked whether basement extensions can be carried out under permitted development rights. They can; a recent court hearing found that. The general permitted development order includes permitted development rights for house extensions within specific parameters. It does not explicitly include basement development, but it is not excluded. The court cases have included basement development within the GPDO’s permitted development rights for house extensions. Where such rights apply, a local authority can consult on removing the permitted development rights through issuing an Article 4 direction.
The noble Lord commented that the Party Wall etc. Act is not sufficient to cover damage caused by basement development, for example, cracked walls. Under the Party Wall etc. Act, a building owner must pay compensation to adjoining owners for any loss or damage caused by the works, but that would be between the two parties concerned.
The noble Earl, Lord Lytton, talked about structural weaknesses. Basement developments are required to meet the relevant requirements of the Building Regulations 2010. This means that the person in control of works will have to submit plans or give a notice to building control about the development to enable the works to be inspected by the local authority building control or a private sector approved inspector. The building inspector will have to be satisfied that the basement structure complies with the relevant requirements of the regulations.
The noble Lord, Lord Kennedy, brought up a number of issues that noble Lords raised but asked for a specific comment on whether permitted development made basement development worse. Permitted development covers lower-impact development, not the megabasements that we are talking about, such as the Death Star one in Camden. Where local authorities are concerned, they can consider removing permitted development rights through an Article 4 direction.
The noble Lord also talked about developments where the money runs out before the work is finished. Under the Party Wall etc. Act, adjoining owners can request building owners to carry out work under the Act to make available such security as agreed, for example, insurance that would ensure that all the work would be done.
Baroness Gardner of Parkes
On that point, it is important to have on record that it is essential that the builder and the other party must both be recorded as being part of that policy. Where the claims have arisen, the builder has just said, “No, sorry, I’ll just go into liquidation”, and you have no right to claim on the policy. People should be aware of that.
Baroness Williams of Trafford
My noble friend makes a valid point. With that, I hope that what I have said offers reassurance to noble Lords that where there are particular issues regarding basement developments, there are already existing provisions through which they can be addressed. I conclude by thanking the noble Lord, Lord Dubs, and all other noble Lords who have taken part in this Second Reading debate.
Right to Buy: Housing Associations
Debate between Baroness Williams of Trafford and Baroness Gardner of Parkes
Baroness Williams of Trafford
I am sorry. On sheltered housing, all the exemptions that apply currently will continue to do so.
Baroness Gardner of Parkes (Con)
At what stage will we know details about such things as a sinking fund for those buying these housing association properties? That will definitely be an important feature as this has proved such a bugbear for those who bought their council flats and now find that they cannot afford the repairs.
Baroness Williams of Trafford
My Lords, I assume that such details will be in the housing Bill.
Housing Associations: Right to Buy
Debate between Baroness Williams of Trafford and Baroness Gardner of Parkes(9 years, 5 months ago)
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The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)
My Lords, Ministers and senior officials in my department already engage with the housing association sector, local authorities and other key stakeholders, as they do on a continuous basis in relation to key policy issues.
Baroness Gardner of Parkes (Con)
Is the Minister aware of the very difficult position of some of those who bought their council flats in the early days, about 30 years ago, for about £10,000 and now find themselves as leaseholders with no income but a small—well, it is not that small—state pension? They now receive bills for more than £12,000 as part of their contribution towards the block. I understand that there are 24 such cases in one estate. How widespread is this situation, and what do the Government intend to do to avoid a similar situation arising if housing-association properties are sold in the same way?
Baroness Williams of Trafford
My Lords, I recognise the problem that my noble friend talks about. Recognising the challenges that these leaseholders face, my department introduced a new law in August 2014 that caps the amount that councils can charge leaseholders for repairs to their home. This is called “Flo’s law”. It limits the amount that can be claimed by councils from local-authority leaseholders in a five-year period to £10,000 outside London and £15,000 inside London for government-funded works.