Planning (Enforcement) Bill

Ben Spencer Excerpts

Friday 19th November 2021 Commons Chamber

[Dr Ben Spencer (Runnymede and Weybridge) (Con)]

I beg to move, That the Bill be now read a Second time.

Rogue development is the cause of great anger and misery in Runnymede and Weybridge. Our green belt and natural environment are incredibly important. Our green belt prevents urban sprawl, protects biodiversity, provides a home for countless types of wildlife and provides essential outdoor space for leisure. Whether it is green parks, farmers’ fields, meadows or forests, our green belt is our community identity, health and wellbeing, and it must be protected.

I have seen the incredible harm that rogue development does in my beautiful constituency of Runnymede and Weybridge, but from speaking to other Members, I know that it happens everywhere. I am here today to right this wrong, to put strong measures in law to stop rogue development in its tracks and to protect our green belt and local communities.

We have planning policy and rules to regulate where development can happen. We have processes of appeal and enforcement. For the most part, people stick to those rules, but some people do not—they deliberately build on the green belt without permission. They set up lorry parks, with heavy goods vehicles trundling down country lanes in front of people’s homes and schools, all without permission.

[Mr Gagan Mohindra (South West Hertfordshire) (Con)]

Shame!

[Dr Spencer]

It is shameful. They build temporary homes with no thought to infrastructure, sewage, water or the impact on local services, all without permission. They destroy green fields and forest to make a quick buck. That in itself is enough to infuriate anyone, particularly my residents who live next to a rogue development, but there is something even worse—even more toxic and offensive—than the rogue development itself.

One of the things that I believe unites us all is the British sense of fairness and fair play. As the MP for Magna Carta, the importance of due process, proper legal strictures and the right of appeal weighs heavily on me and is always at the forefront of my mind. Sometimes people make innocent mistakes, and our planning enforcement system needs to be fair, but rogue developers prey on that system. They use it to their advantage. They profit from fairness by abusing the system—by appealing, delaying, changing, amending, adapting. What was a farm becomes a spray shop, becomes a junkyard, becomes a dwelling, becomes a block of flats. By redeveloping, appealing, delaying, building, ignoring, they can continue to profit from rogue development with impunity, making vast amounts of money. And the local authority is helpless, trapped in our cumbersome enforcement and appeal system. This must stop.

When I first became an MP and my constituents brought the horror of rogue development to my attention, I spoke to many people about how we could solve it, and I was often told, “Stay out of it. It’s too difficult, Ben. It can’t be solved.” Such are the challenges of enforcement that in a particularly egregious case, one of my local councils, Runnymede, has had to use extraordinary methods—a proceeds of crime order—to try to stop this rogue development cycle. This is crazy.

I refuse to accept that this problem is too difficult to fix. This is about basic fairness, protecting our communities and stopping villains profiting from crime, and I do not think there is a single Member of this House who disagrees with me about the importance of fixing the problem.

[James Sunderland (Bracknell) (Con)]

I can think of plenty of examples in my neck of the woods in east Berkshire, and indeed in neighbouring Hampshire and Surrey, of where unscrupulous landowners have put scrap cars on sites, contaminated the soil and put up small dwellings, with constant encroachment on what is there already. Does my hon. Friend agree, therefore, that we must give councils the powers to deal with this issue and to ensure that these unscrupulous people cannot make money from their actions?

[Dr Spencer]

I entirely agree with my hon. Friend. That is just another example of something I said at the start of my remarks: while this issue blights many parts of Runnymede and Weybridge, it affects people across England and Wales.

[Sir Christopher Chope (Christchurch) (Con)]

May I ask why my hon. Friend’s Bill is drafted in such a tentative way? It says that the Secretary of State “may” make regulations. Bearing in mind my hon. Friend’s strength of feeling on this issue, which I share very much, why is he not demanding more of the Secretary of State?

[Dr Spencer]

The reason for the Bill’s drafting is that this whole area of planning enforcement and law is complicated—I recognise that—and in the discussions that I have had with Ministers—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Dr Spencer, would you face the Chamber? I know that it is awkward and that you want to respond to Sir Christopher, but you have to talk to the Chamber.

[Dr Spencer]

My apologies, Mr Deputy Speaker.

I recognise that this is a very complicated area. Rogue developers will use any chink in the armour of enforcement and the appeals process to their advantage—I will come to that a bit later—so it is important that there is as much scope as possible for regulations to be adapted, amended and updated to ensure that we get this absolutely right and prevent these rogue developments. That is why the Bill is drafted in the way that it is.

[Anthony Mangnall (Totnes) (Con)]

Sorry, I am not helping my hon. Friend make any progress. He mentioned the impact that this issue has on local authorities, but there is also the impact that it has on our residents and constituents. They spend countless hours on neighbourhood plans and trying to get the best for their communities, only to find that developers ignore them. This is about them; it is about taxpayers’ money, where it goes, and what our local authorities do. I hope he recognises, as is recognised in the Bill, that there is an enormous opportunity to restore faith in process and ensure that greed is not winning the day.

--- Later in debate ---

[Dr Spencer]

I thank my hon. Friend for his intervention—it is exactly that. One challenge is that residents see what is effectively a two-tier system, in that those who do not play by the rules are managing to benefit from that. It is a source of great frustration. For enhancing faith in the law and the faith of local authorities in the Government, the inclusion of measures to stop people getting away with breaking rules is critical.

Why is all this so hard? Let us go through it. Under our current processes, if someone builds a lorry park on a farm without permission, first that needs to get reported. The local planning authority must investigate and, if necessary, issue an enforcement notice. All that time, the lorries are moving and the rogue developer is making money. Section 174(1) of the Town and Country Planning Act 1990 provides a right of appeal, and this is where it really starts to get fun. Written notice of the appeal must be sent to the Secretary of State before the date specified in the enforcement notice as the date on which it is to take effect. If an applicant gives notice of appeal without providing a statement in writing, specifying the grounds on which he or she is appealing, they are granted a further 14 days to provide it. So far, the council has found a breach, and that takes time. It has investigated it, which takes time. If one games the system by submitting an appeal without a statement, one gets even more time. All that time, lorries are moving and the rogue developer is making money.

If an enforcement appeal is delayed because the appellant fails to provide sufficient information and the Department’s request for it is ignored, the Department will involve the Secretary of State’s powers under regulation 5 to require a time limit to be observed. Before we even get to the appeal, not providing information can lead to ongoing delays. That means more lorries, and more money for the rogue developer. Most enforcement appeals are transferred to planning inspectors for determination. Appeals represent the highest volume—but not all—of their work, and the number of open cases is vast. It increased to about 11,000 in August 2020, and although that number began to reduce, in recent months it has been rising again. This summer it reached 10,500. The average time for inquires to be heard is 60 weeks. Think about that—60 weeks! That is 60 weeks of lorries moving, and rogue developers making money.

Once the Secretary of State or planning inspector has determined an appeal, an application for leave to submit a further appeal in the High Court can be made on a point of law, under section 289 of the 1990 Act. That must be submitted within 28 days of the appeal, or in an extended period at the court’s discretion. So long and drawn out is the process that Government guidance even sets out considerations for if it takes longer than four years. That is four years of lorries, and by that time, it is no longer just a lorry park as homes are starting to be built. The next cycle is about to begin, and all that time the rogue developer is making money by changing the goalposts, gaming the system, and destroying our communities.

My constituents say to me, “Ben, look at this. We live in a society where the rule of law is broken.” What can I say to them? We can add to all that the fact that planning enforcement is a discretionary service, at a time when local authority finances have been under significant pressure. I must stress: this is not the fault of our local authorities and their planning enforcement teams. They are fantastic, and they are equally frustrated by the lengthy delays in trying to tackle these issues. They would welcome further powers, so that we can identify and address rogue development more swiftly and effectively.

In a nutshell, tackling that is the aim of the Bill. First, it will create greater transparency, making it easier to identify persistent offenders. Currently, there is no way to identify or track those who persistently flout planning rules. This Bill will therefore create a national database for planning enforcement issues and a duty to declare whether an applicant has been subject to previous enforcement notices. This will be populated by planning enforcement teams and paid for through the existing mechanisms of the planning application fee. To address the most serious planning breaches—those that cause the most significant damage to or impact on our communities and natural environment—the Bill also seeks to strengthen the powers available to local planning authorities. Clause 3 therefore sets out a mechanism for local authorities to apply for a High Court injunction, where the court may apply conditions on the site or developer, including, but not restricted to: restricting the use of a site currently subject to enforcement proceedings; stopping the lorries; requiring remedial action to return the site to its prior condition; putting back the forest; digging up the concrete and asphalt; and preventing further applications being made until the initial enforcement matter is resolved, to break the endless cycle of overlapping applications and appeals.

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

Does my hon. Friend have any knowledge—if he does not, perhaps the Minister might say something on this in his wind-up—of what happens when such a situation occurs on a pure greenfield site? If the planning application had gone ahead, the damage would turn that into a brownfield site, which would then become somewhere we could build on afterwards. What happens to the site? If it is put back to normal, does it become a greenfield site again or will it always be seen as a brownfield site because the damage has been done?

[Dr Spencer]

I thank my hon. Friend for her intervention. I cannot answer that question, but I hope the Minister can do so in his wind-up. I realise that we have now set him a task to do so. Where this flouting of rules has happened in my constituency and things such as the POCA have been used, the damage has been done. I recognise that the duty to try to put things back to how they were before is a bit of wishful thinking. If we take out the commercial incentive, we can, I hope, stop this behaviour dead in its tracks. That is a better approach, and the measures I have mentioned are fundamental in bringing that about. As everyone has said, all this is complicated, so in addition to bringing forward these measures, we will need to review them to make sure that they work. My Bill therefore also seeks to review their effectiveness to see whether more needs to be done.

I would like to finish up by thanking everyone who has worked with me to get to where we are today—my local authorities, planning officers, the Government and Members from across this House. Rogue development is a nightmare that wreaks havoc on all our communities. I believe it can be solved.

[Anthony Mangnall]

Before my hon. Friend finishes, let me say that I find it extraordinary that in this House we spend a great deal of time on these Benches being attacked by the Liberal Democrats over planning and the lack of accountability of developers, yet on the day he brings forward a Bill that holds developers to account, the Liberal Democrats are nowhere to be seen.

[Dr Spencer]

I thank my hon. Friend for pointing that out. I hope that all our constituents will be watching our debate and reading the Hansard record of our discussion on these important issues. I believe this issue can be solved. It must be solved, for all our communities, and I hope that we will look back on this debate today as the start of the end of rogue development.

--- Later in debate ---

[Dr Ben Spencer]

I thank the Clerks, the Government, the officers in my local council, the Opposition Front Bench and the Conservative Members who took part in this important debate. The strength of feeling across the House is palpable. I have to say that I feel a degree of sadness hearing stories from fellow Members about how many people have been affected. I knew that this issue affected not just my constituency, but there is a difference between knowing, and then hearing people’s personal stories and the stories of their constituents; this has blighted so many people. The situation clearly needs to be fixed, but the methods that we use to fix it need to be invulnerable to abuse. I choose the word “invulnerable” carefully, because rogue developers will use every possible means in their power to continue, because of the massive financial incentive.

This has been a powerful debate, and I have reflected on lots of good comments from Members on both sides of the House. I am pleased to hear from the Minister that he and the Government see this as a critical issue that needs to be driven forward. I am particularly pleased to hear the strength of feeling about taking on some of the database provisions in my Bill, and ensuring that we can break the issue down and stop it happening. With that spirit of co-operation, I very much welcome ongoing discussions with the Government to get these measures into the planning Bill in a form that is invulnerable to abuse by rogue developers. For those reasons, with the leave of the House, I beg to ask leave to withdraw the motion.

Motion and Bill, by leave, withdrawn.