Levelling-up and Regeneration Bill

Ben Bradley Excerpts

Consideration of Lords amendments
Tuesday 17th October 2023 Commons Chamber

[Theresa Villiers]

It is a pleasure to follow my hon. Friend the Member for Buckingham (Greg Smith). I rise to give my general support to the Bill and to speak to that, as well as to reflect on some of the housing and planning issues, which are relevant to many of the amendments, including Lords amendment 44 on national development management policies, which several hon. Members have referred to.

But I will first say a quick word of welcome and support for additional protections for ancient woodland, which are much needed for conserving valuable habitats. I also add my voice to those urging Ministers to consider in their discussions with the other place whether they could accept some flexibility in allowing councils to meet remotely in certain circumstances. During the covid emergency, we saw how, in some ways, the ability to meet virtually did have advantages. We see the Planning Inspectorate using virtual meetings very well—and it is not often that I say positive things about the Planning Inspectorate. That is something for the Minister to reflect on in relation to Lords amendment 22.

Turning to the general issues on housing delivery that are envisaged by a number of amendments, excessive housing targets have been making it harder and harder for councils to turn down bad development proposals. That is leading to the loss of agricultural, greenfield and, in some cases, green-belt land, and to increasing pressure to urbanise the suburbs. Plans for blocks of flats, including some massive tower blocks, are appearing all over my constituency and the surrounding area. To name just a few of the problematic proposals, there is the North London Business Park, Victoria Quarter, The Spires, Whalebones, High Barnet tube station, Cockfosters tube station, Barnet House and, last but not least, Edgware town centre, where the centrepiece is proposed to be a 29-storey apartment blocks. It is just relentless.

Where councils refuse applications, planning inspectors can often overturn the decision on the basis that the development is needed to meet the target. That was why, along with my hon. Friends the Members for Buckingham and for Isle of Wight (Bob Seely), I tabled new clause 21 on Report, which obtained the backing of 60 Members of the House. In response, the Secretary of State brought forward important concessions to give communities greater control over what is built in their neighbourhood, in what has become known as the December compromise. But I am afraid that the battle is not over. We need to see the reform delivered. The extent to which the compromise fixes current problems depends on how it is implemented in the new national planning policy framework, which has yet to be published. I join others in calling for that to happen as quickly as possible, although I put on record my thanks to the Secretary of State for today’s briefing from officials on what the new NPPF is likely to contain.

The consultation on the NPPF promised that brownfield development would be prioritised over greenfield, but we need more detail, and certainty on how that “brownfield first” approach will be delivered in practice. Even on brownfield sites, it remains crucial to respect matters relating to local suburban character and density. Brownfield first does not mean a brownfield free-for-all. The Secretary of State crucially promised that if meeting the top-down target involves building at densities that are significantly out of character with the area, a lower target can be set in the local plan. If the Bill is to deliver real change, we need to know that a substantial proportion of councils are likely to be able to benefit from that new flexibility, and depart from the centrally determined top-down target. That is the only way to ensure that the centrally determined target will become, as the Secretary of State has promised, an advisory starting point rather than a mandatory end result.

The Secretary of State also promised to clip the wings of the Planning Inspectorate. That means firm and clear instructions need to be given to the inspectorate to accept local plans from councils based on reasonable evidence. Scrapping the duty to co-operate was another promise but, according to the consultation document, the NPPF envisages that it will be replaced by an unspecified alignment policy. We do not yet know whether the duty to co-operate is being scrapped or just re-labelled. We need to understand what that alignment policy will involve.

Turning to Lords amendment 44 on national development management policies, local development management policies provide a bulwark of defence against overdevelopment, for example by constraining height, preventing family homes being replaced by blocks of flats or providing extra protection for green spaces. What is proposed in the Bill is central control over these policies by replacing them with national development management policies. That is quite a radical change—probably one of the most radical planning changes in the Bill. It undermines the long-standing principle that the local plan has primacy. Ministers say that is not intended, but NDMPs could still be used, in theory, to re-write more or less the entire planning system, which would significantly restrict local decision making.

I welcome the Government’s amendment to ensure that NDMPs are consulted on, but I urge them to consider going further and accept that there must also be parliamentary scrutiny. NDMPs, as the shadow Minister was correct to point out, will have a more widespread impact than national policy statements, which tend to be focused on a single sector or even a single project. It is therefore only reasonable to apply standards of scrutiny to NDMPs that are equivalent to those applying to NPSs, and that is what amendment 44 would do. It would be useful for the Government to look further at that point.

Finally, I welcome the indication by Ministers that the flexibilities contained in the December compromise will apply in London, but there is still an urgent need to curb the power of the Mayor to impose targets on the boroughs. He has used the London plan to try to load additional housing delivery obligations on to the suburbs, especially on boroughs, such as Barnet, that have already built thousands of new homes. We are the party that promised to scrap regional targets, but regional targets are alive and kicking in our capital city.

Crucial progress on rebalancing the planning system has been made as a result of the engagement between Ministers and Back Benchers on new clause 21 on Report and engagement throughout the parliamentary scrutiny process. If properly implemented, the December compromise will give communities a greater say on what is built in their area, while also accelerating the delivery of new homes, especially on the inner-city brownfield sites referred to by the Secretary of State in his long-term plan for housing published in July.

But all that would be at risk if there was a Labour Government. They want to rip up the rules that have protected green-belt land for decades, leaving us vulnerable to urban sprawl and jeopardising precious habitats. Moreover, the Leader of the Opposition is clear that local voices will be “ignored” in the planning system if he ever gets the keys to Downing Street. That is a grave threat to the local environment in my constituency and it is one of many reasons why I will be campaigning so hard to return another Conservative Government and a fifth historic election victory next time around.

[Ben Bradley (Mansfield) (Con)]

I am really pleased to see the Bill finally back in this place—it has been a while. I remember saying to a former Housing Minister a year or so ago—one of several former Housing Ministers—when the planning elements were introduced to what was previously quite a tightly written regeneration and devolution Bill, that it might cause some challenge and delay that was perhaps not entirely necessary. But here we are. I will leave it to your judgment, Mr Deputy Speaker, whether I have been proven right or not.

I do not want to talk about planning, actually. I want to talk about the key thing in the Bill for my part of the world, which is the element of levelling up, regeneration and devolution. There are a number of elements and amendments I want to touch on. First, I want to mention something that is slightly aside from that, which is Lords amendment 22. The Levelling Up Minister, my hon. Friend the Member for Redcar (Jacob Young), will not be surprised—I have already had this conversation with him—that I agree with the Father of the House, my hon. Friend the Member for Worthing West (Sir Peter Bottomley), who is no longer in his place.

When we have a Bill that seeks to devolve powers down to local government, it seems a little bit mad to be so prescriptive from Westminster on whether and how they hold their meetings, for example on whether they could do so in a hybrid way. A number of colleagues on the Government Benches have expressed reservations about that, perhaps on the basis that local government leaders might all go off and hold their annual budget meeting entirely on Teams, but I do not think that would happen. As the Father of the House said, it would give small rural parish councils, which are manned largely by volunteers, the flexibility to be more accessible. My deputy leader is currently unwell and cannot drive, but he would still be able to attend hybrid meetings if that were allowed. Flexibility in a Bill that aims, overall, to pass more powers down to local government would be a welcome and consistent thing.

That said, many of the elements of the Bill are really positive and important. The devolution element in particular and the creation of the county combined authorities is the thing that unlocks devolution and investment for the east midlands, and for Nottinghamshire and Derbyshire, for the first time. That is a really exciting prospect. We saw in the Prime Minister’s conference speech last week £1.5 billion of additional transport funding for my constituency, county and region in the next term of the combined authority, with elections to be held, subject to the passage of the Bill, in May 2024.