Housing and Planning Bill Debate

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Housing and Planning Bill

Brandon Lewis Excerpts
Monday 9th May 2016

(8 years ago)

Commons Chamber
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Brandon Lewis Portrait The Minister for Housing and Planning (Brandon Lewis)
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I beg to move, That this House disagrees with Lords amendment 10B.

Natascha Engel Portrait Madam Deputy Speaker
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With this it will be convenient to discuss the following:

Lords amendments 47B and 47C, and Government motion to disagree.

Government motion to insist on Lords amendment 97A and disagree to Lords amendment 97B.

Lords amendment 108, Government motion to disagree, and amendment (a) in lieu.

Lords amendment 109B.

Lords amendment 110, Government motion to disagree, and amendment (a) in lieu.

Brandon Lewis Portrait Brandon Lewis
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Let me begin by informing the House that I am placing in the Library today the Department's analysis of the application of Standing Order 83O in respect of the Lords amendments.

We find ourselves here again, and, enjoyable as that may be, and while I thank those in the other place for not insisting on their amendments relating to a number of issues, I am very surprised that they have chosen again to oppose one of our most important manifesto commitments, namely the commitment to ensure that more homes are built: homes that we need, and homes that young people are crying out for. Last week we heard from many Members, in the Chamber, about the people who had asked them when starter homes would be available. We need to get on with helping those people to fulfil their dreams and get on to the home ownership ladder. Some 86% of our population want to be given a chance to do that.

Lords amendment 10B allows local authorities to meet their starter home requirement with other low-cost home ownership products. The amendment would again totally undermine our manifesto commitment to build 200,000 starter homes by 2020.

Lord Jackson of Peterborough Portrait Mr Stewart Jackson (Peterborough) (Con)
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Is my hon. Friend, like me, struggling to remember a case in which a policy that was the subject of a clear manifesto commitment, and had received the assent of the elected House by more than 100 votes, was struck down and circumscribed by the unelected, unaccountable panjandrums in the House of Lords?

Brandon Lewis Portrait Brandon Lewis
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I have certainly not heard the position put so eloquently before. My hon. Friend is absolutely right. I am used to seeing the Labour party trying to stop people’s aspiration to own their homes, but it is beyond astonishing that the upper House should try to amend a measure that has received such a clear message of support from this elected Chamber, and in respect of which we have an election mandate to help young people.

If Lords amendment 10B were passed, the requirement for starter homes would become something entirely different: at best, the amendment shows a lack of understanding, and at worst it seeks to wreck important Government policy. That is unacceptable, not only to me but, I trust, to the House of Commons. The Joint Committee on Conventions made its view clear in its 2006 report “Conventions of the UK Parliament”, which states:

“A manifesto Bill is not subject to ‘wrecking amendments’ which change the Government's manifesto intention as proposed in the Bill.”

The noble Lords have done this not once, but twice. As was pointed out by my hon. Friend the Member for Peterborough (Mr Jackson)—whose party, I note, was successful last Thursday—we sent a clear message, with an overwhelming majority, to the other place last week. We want our young people to have the chance of full home ownership, allowing them to move onwards and upwards over time. That is what the starter homes policy is all about, and we have a clear manifesto mandate to deliver it.

Bob Blackman Portrait Bob Blackman (Harrow East) (Con)
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My hon. Friend is making a clear and compelling case. Does he not agree that, at a time when the average age for people to buy their first home is 37 and rising, it is imperative that we get on with the job of supplying homes that people can purchase and live in as a family unit?

Brandon Lewis Portrait Brandon Lewis
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My hon. Friend makes a pertinent point that goes to the heart of what we are seeking to do. With starter homes, shared ownership and other areas of Government policy, we are seeking to deliver homes for people who want to be part of the 86% who aspire to home ownership. Labour Members have often voted against and regularly outlined their opposition to that. We want to support those people; that is what the Bill is about.

Let me make it clear that the starter home requirement will not prevent councils from delivering other forms of affordable housing and home ownership products. For example, shared ownership and other home ownership products are part of the diverse and thriving housing market that we enjoy in this country. They help those who aspire to home ownership but who cannot afford even a discounted purchase. We have published a prospectus in the past couple of weeks that invites housing associations and other providers to bid for £4.7 billion of funding to deliver 135,000 shared ownership homes and £200 million to deliver 10,000 rent-to-buy homes as well.

The Bill focuses on starter homes, creating that new product and kick-starting delivery. We strongly believe that this is the most effective way to meet our manifesto commitment. Let me remind the House that we promised in our manifesto to deliver 200,000 new starter homes exclusively for first-time buyers under 40.

Clive Betts Portrait Mr Clive Betts (Sheffield South East) (Lab)
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I am still a little confused about the position that local authorities will be put in if this amendment falls. They will, I think, still be entering into section 106 negotiations with a developer, part of which will involve a requirement to provide starter homes, but will they also have an ability to provide shared ownership properties and, presumably, affordable homes to rent as well? How will the balance and proportion of those homes be determined? Will that be a matter for local discretion?

Brandon Lewis Portrait Brandon Lewis
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Yes, there is no change to the position that has always pertained. It will be for local authorities to negotiate with developers over what they do beyond the requirement for starter homes. We will have a requirement for 20% starter homes, but what the local authorities do beyond that will be a matter for them. My experience of talking to developers is that in some areas where they have negotiated lower levels of affordable housing, the local authorities will be able to deliver more under the starter homes requirement.

Clive Betts Portrait Mr Betts
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So let me be clear: there will be requirement for 20% starter homes but if, as is the case in most of my constituency, the maximum requirement on sites for affordable housing is a total of 10%, does that mean that there would be nothing other than starter homes on those sites—that is, no other affordable housing?

Brandon Lewis Portrait Brandon Lewis
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That will be a matter for the local authority to negotiate. I know from talking to developers in my own constituency, where we have had similar levels of affordable housing, that we will be able to have more affordable housing as a result of the starter homes requirement. Local authorities will be able to deliver more affordable housing through this programme. We will not allow anyone to prevent us from meeting our commitment to deliver those new homes for first-time buyers.

I also want to defend another of our manifesto commitments. Our manifesto made this very clear, and I will quote from it again as I did last week. It stated:

“We will fund the replacement of properties sold under the extended Right to Buy by requiring local authorities to manage their housing assets more efficiently, with the most expensive properties sold off and replaced as they fall vacant.”

We are discussing this again today because the Lords have yet again chosen to send our proposals back, in spite of the overwhelming majority in this House which overturned their last attempt to undermine our election mandate. I am shocked and disappointed by their action. I commend the noble Lord Lisvane, who has a wealth of knowledge and experience of procedural matters and who chose not to press his amendments any further, recognising the primacy of this, the elected House. I just wish I could say the same about other noble Lords. Lords amendments 47B and 47C, which have been offered in lieu of amendment 47, with which this House has disagreed, are more or less identical to earlier incarnations.

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Lord Herbert of South Downs Portrait Nick Herbert (Arundel and South Downs) (Con)
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I accept that the Government have reasons for again rejecting the neighbourhood right of appeal—on which I originally tabled an amendment—but would the Minister accept that there are real concerns about the integrity of neighbourhood planning? It is an important policy, and I know that my right hon. Friend the Secretary of State is particularly keen to promote it. Such neighbourhood plans are undermined by speculative developments, and there needs to be a mechanism to ensure that those neighbourhood plans, once agreed or when close to agreement, are not subverted. It would be in no one’s interest to end up with a developer-led process rather than a plan-led process. Will the Minister agree to introduce more robust measures at some future opportunity?

Brandon Lewis Portrait Brandon Lewis
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My right hon. Friend is absolutely right. We have shared platforms and spoken about the strengths and benefits of neighbourhood planning. I know that he feels passionate about this, and I share his desire to ensure that communities have the confidence that, when they draw up a neighbourhood plan, it has weight in law and will be respected by the local authority and by the planning inspector. The call-in process is partly aimed at ensuring that that will be the case.

I am happy to make it clear that I want the law to be strongly in favour of neighbourhood plans. I want them to become the norm everywhere in England. We are well on our way to achieving that, with a record 18 referendums being held last week and hundreds more communities due to complete their plans soon. This makes it even more important not to have amendments coming forward that could carelessly introduce change. We need to ensure that we get this right, and I am happy to tell my right hon. Friend that we will work with him and other colleagues to ensure that we give these neighbourhood plans the confidence and primacy that the Government always intended for them. We must ensure that neighbourhood plans are respected by the decision makers.

I do not believe we should be routinely reopening debate on locally made decisions, which is effectively what this Lords amendment would enable. Those decisions are locally and democratically accountable and they already take into account neighbourhood plans. I ask this House to send the amendment back, while reaffirming my commitment to work with colleagues to ensure that neighbourhood plans enjoy the primacy that we intend them to have in planning law.

I will now turn to Lords reasons 108B and 110B, our disagreement to Lords amendments 108 and 110, and our proposed amendments in lieu of those Lords amendments. As I have said previously, I am not convinced that amendment 108 will help to house those who are desperate for a new home. New homes built in England must currently meet tough energy efficiency standards. As I have said, those standards were strengthened by 30% in the previous Parliament, saving £200 on energy bills compared with the standards prior to 2010. We should be proud of that. To meet those standards, homes have A-rated condensing boilers, double-glazed windows with low-energy glass, high levels of insulation and airtightness in their construction. They are very energy-efficient homes. The amendment would create additional construction costs, which could push some small builders out of the industry completely—at a time when we are trying to encourage more to come back in—by making developing much-needed homes totally unviable in some areas.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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The last time the Minister raised this matter, I asked him a question, so I wonder whether he has had the time to swot up on it for this evening. I asked him how much people would save if the higher standards proposed by the Lords were implemented and how much that would amount to over the lifetime of their homes, which one would expect to be perhaps a minimum of 50 years.

Brandon Lewis Portrait Brandon Lewis
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Somebody who buys a home in this country lives in it for an average of seven years and the average cost, depending on the independent expert, could be £3,000 to £4,800. The cost would of course be cheaper on larger sites. On some of the small sites, of which we need more, particularly in rural areas that have a desperate need for housing, it could get up to almost £15,000 on the cost of a home. If somebody lives in a house for an average of seven years, that is a pretty high price to pay.

However, I propose today to place a statutory duty on Government to undertake a review of energy standards for new homes. It will seek evidence on the costs of energy measures and the benefits in fuel bill and carbon savings, which is the right hon. Gentleman’s point. It will identify what is cost-effective to require, and cost-effectiveness must be key not just for developers, but for homeowners. We said in our manifesto that we will meet our climate change commitments and that we will do so by cutting emissions “as cost-effectively as possible”. The electorate voted for that and the review will help to ensure that we can deliver it.

Likewise, I am concerned about the impact of amendment 110 on house building and our ability to bring forward the homes that people need. Flood risk is an incredibly important issue, and I fully understand the strength of feeling on the matter. The Government are committed to ensuring that developments are safe from flooding, and the delivery of sustainable drainage systems is part of our planning policy, which was strengthened just over a year ago. Our policy is still new, as I outlined in more detail last week, and I am willing to consider issues further as it matures. I am happy to review the effectiveness of current policy and legislation on sustainable drainage and to place that commitment on the face of the Bill, so I want to move amendment (a) in lieu of amendment 110.

In conclusion, I want to say something to all Members of both House as we consider a couple of key points. The issues that we are debating and voting on tonight and that the Lords will be considering shortly are about delivering on our general election manifesto and therefore delivering our general election mandate. They are about delivering new homes for the people across our country who are in desperate need of them. It is the democratic right of this House to deliver on the Government’s agenda. We are determined to deliver on our promises to the British people and ask both Houses to respect that mandate.

Teresa Pearce Portrait Teresa Pearce (Erith and Thamesmead) (Lab)
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We began scrutinising this Bill last autumn, and it was bad at that point. After a string of concessions and 18 defeats, some of its harshest aspects have now been amended, but it still presents a missed opportunity to solve the housing crisis. Since 2010, homelessness and rough sleeping have more than doubled, house prices and private rents have risen dramatically, and the housing benefit bill has ballooned. The Bill does little to tackle the housing crisis head on, and concerns have been raised by housing experts, leading charities, and MPs, councillors and peers from across the political divide, including Conservative council leaders, Conservative peers and Conservative MPs.

Lords amendment 10B would enable starter homes to be built while giving local authorities greater flexibility to deliver other forms of low-cost home ownership products to meet the need in their areas. The amendment seeks to expand the opportunities in the Bill for people to own their own home and gives serious consideration to other forms of affordable ownership. There is now a wide consensus that starter homes, which can cost up to £450,000, will be a big let-down and will be out of reach for young people and families on ordinary incomes—those who need a hand up on to the ladder the most. It is not just in my constituency that starter homes will be unaffordable. Research by Savills and by Shelter both found that starter homes will be unaffordable to families on average incomes in areas across the country.

We agree with the Local Government Association and want the Bill to provide for more affordable homes to rent as well as to buy. We agree that amendment 10B is a big improvement on the Government’s plan to impose starter homes on local communities to the exclusion of other types of affordable homes to buy. The LGA has stated:

“The discretion for local authorities to determine the number of starter homes built locally, alongside affordable homes for rent”

is

“critical for ensuring new housing meets the needs of communities.”

I was disappointed, but not surprised, to see that the Government will not be supporting amendment 10B. The Government’s focus on starter homes puts at risk other forms of affordable housing, including other forms of affordable home ownership. The Government argued in their manifesto:

“Everyone who works hard should be able to own a home of their own”.

Therefore, the Government will surely want to expand opportunities for home ownership by allowing other forms, rather than exclusively promoting starter homes, which could be unaffordable for many. If someone is over 40, they are excluded from the product altogether. If the Conservative party really does want everyone who works hard to be able to own their own home, there needs to be something for the over-40s. If we are serious about fixing the housing crisis and if the Government are serious about encouraging people on to the housing ladder, they must consider all forms of tenure and not just exclusively encourage starter homes. I hope that they will reconsider their opposition to the amendment.

Lords Amendments 47B and 47C would attempt to ensure that, where needed, councils homes that are sold are replaced on a like-for-like basis. The Bill provides the statutory basis to extend the right to buy to housing association tenants paid for by the forced sale of council homes to the highest bidders, including buy-to-let landlords and overseas investors. The Government have still failed to commit to genuine, like-for-like replacements for homes that were forcibly sold, and we now see that they have marked the amendments as engaging financial privilege. If the Government do not accept the proposal for one-for-one, like-for-like replacements, they need to explain why. Without that commitment on the face of the Bill, there will be a huge loss of genuinely affordable homes as this Government sounds the death knell for social housing.

The Government have said that they are simply honouring their election manifesto. Well, I checked the manifesto and the relevant passage commits to a replacement, something which this Bill does not effectively do. Any sensible meaning of the word replacement in this context would ensure that if a house is sold, it is replaced by one of the same type and tenure. The Bill and Government policy will make the delivery of new social rented and affordable rented housing near impossible. The new starter homes requirement will push social rented housing out of section 106 agreements. The 1% rent reduction over the next four years will make it harder for housing associations to deliver social rented housing in their schemes. Grant funding for new affordable rented properties by the Homes and Communities Agency will end in 2018. Those steps, without like-for-like replacement, will result in a huge loss of genuinely affordable homes. The Local Government Association has come out in favour of these two amendments, and it believes that

“as a minimum all councils should retain sufficient funds to replace each home sold on a like for like basis.”

It believes that negotiations between central and local government must allow councils to take into account the impact of wider housing reforms on the responsibilities of councils to meet housing needs. The cross-party Public Accounts Committee, too, has released a damning report on the Government’s plans, and no information has been provided on the impact of the forced sale. This policy will affect many people up and down the country, but the Government have failed to provide basic information to demonstrate how it will achieve its aims.

I will also touch briefly on amendments 97B, 108 and 110. Amendment 97B is a revised amendment to the one we debated last week, proposing a restricted, limited right of appeal in certain specific circumstances only in those areas where there is an approved neighbourhood plan. The amendment would empower local communities to have a greater say over their neighbourhoods, which should be welcomed. The Government’s counter-amendment only provides for a report to be written on neighbourhood plans when applications are permitted—we would already expect that of any good local planning authority.

Amendments 108 and 110 would ensure that all new homes built are carbon-compliant and have sustainable drainage provision. Although it would have been a positive step to see these issues covered in the Bill, it is welcome that the Government have committed to reviewing them. I hope the Minister will be able to provide further details, missing from the amendments themselves, about when these reviews are likely to commence; what a statutory review entails; when these reviews will be completed; and whether their findings will be reported to Parliament.