Planning (Community Right of Appeal)

Caroline Nokes Excerpts

Tuesday 20th January 2015 Westminster Hall

[Anne Marie Morris]

I could not agree more, and I commend the right hon. Gentleman on his comments. The point that he makes entirely supports the point that I am making. It is about creating a balance and fairness in the planning system that do not currently exist.

The final complaint, which it is worth articulating for the Minister, involves the infrastructure challenge. Although stakeholders involved in roads, schools and so on are consulted, some stakeholders who are relevant are not statutory consultees, including the NHS. There is no obligation for the NHS to put forward its views about whether there is an adequate number of GP surgeries and the like. It is probably fair to say that although county councils have a duty and will consider infrastructure issues carefully, if one looks at how they justify some developments, it is in the hope and expectation of a school that might open in five or 10 years’ time, or a road that might be built if some other development occurs in two or three years’ time. Sometimes, communities feel that that is a bit fanciful. They perceive—I share that perception—that some communities have significant infrastructure issues that seem to have been ignored.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I commend my hon. Friend on securing this important debate. Does she agree that infrastructure is not just about roads and schools? One huge concern in my constituency is drainage. Local communities are absolutely terrified that new development will be granted permission and built without an adequate upgrade to the existing sewerage system.

[Anne Marie Morris]

My hon. Friend makes a key point. When houses are joined to the system, it puts far too much pressure on it, resulting in the flooding problems that many of us have experienced in our constituencies. She is absolutely right, and her point is well made.

I emphasise first and foremost that the concept of a community right of appeal is for the community. I am not advocating a third-party right of appeal. It would clearly not be appropriate for anybody who simply does not agree with a development in their neighbour’s garden to be able to bring back the bureaucracy that the Government has rightly tried to get rid of, just in order to complain about an issue next door. It would not be a nimbyist charter; it would be a proper rebalancing of the planning system to be fair and balanced. The idea would be to ensure that between the developer and the community, both sides’ arguments would be properly considered and have some power in the process.

It would also ensure that local authorities think long and hard about their decisions. Clearly, there is a great incentive for them to develop, because then they get community infrastructure levy moneys, but if they recognised that there was potential for an appeal from both sides, they might give some thought to it.

--- Later in debate ---

[The Minister of State, Department for Communities and Local Government (Brandon Lewis)]

Thank you, Mr Streeter, for calling me to speak. It is a pleasure to serve under your chairmanship.

I congratulate my hon. Friend the Member for Newton Abbot (Anne Marie Morris) on securing this debate. In her closing remarks, she said something that I absolutely agree with: what is important for us, as we go forward, is that we are building communities and not just houses. I myself have said that we cannot afford to see lots more big housing estates built just to hit various targets that people set from time to time; we had 13 years of top-down numbers and hitting targets, rather than building communities. The changes that we have made to the planning process are specifically designed to ensure that we are building communities—homes that not only make the people who live in them proud, but are welcomed by the communities that those people are becoming part of. I will touch on that issue in the next few minutes.

It is also worth noting that one of the reasons why we are having this debate is the frustration that many of us have experienced—I myself was in local government for a decade or more—about the lack of power that people have had over what is happening around them compared with the power of somebody in a suit in Whitehall saying, “This is what will happen in your area.” It will take some time for people to realise that we have moved on from that situation and that we should attack this issue from the front end of the planning process instead of from the back end. The appeal system itself is at the back end.

Local authority decisions overturned during the course of a year still represent just 1% of all local planning decisions, although at the same time a record number of planning applications—about 240,000—were approved in the last year. One of the reasons for that small percentage is that more and more parts of the country are now having development in areas where they have specified they want development through their local and neighbourhood plans.

The planning reforms introduced by this Government have gone further than ever in ensuring that planning is centred on community involvement, by maintaining and strengthening a plan-led system rather than just the development control system of the past. We are removing regional strategies and introducing neighbourhood planning. We are also making the system not only fit for purpose but more accessible to everybody in terms of its understanding and outline.

The system currently gives statutory rights for the views of communities and individuals to be heard at each stage in the process—for example, in the preparation of the local plan. That is achieved most directly through neighbourhood plans, but also, of course, in making representations in any applications or appeals that arise. As I said, we are looking to create a much more collaborative and effective planning process in which people are engaged and able to take the lead from the beginning, not at the back end, particularly regarding the future development of their area. Our reforms are empowering communities to take a leading role, and we want to continue to see development proposals being determined locally, through plan-led and community-led planning decisions.

[Caroline Nokes]

Does the Minister share my frustration that, particularly in places such as Bassett in Southampton, where the local community has been working on its neighbourhood plan for some years now, it still takes a phenomenally long time for neighbourhood plans to be worked up, consulted on and come to fruition?

[Brandon Lewis]

I have been determined about speeding up the neighbourhood plan process. I hope that my hon. Friend is pleased that we have made some new announcements in the last few weeks. I will drop her a note about them to outline how we can speed the process, although we can probably still do more. I can certainly get some details to her on that.

Our aim is to make sure that everywhere has a clear local plan: that is where people’s local views on how they want their community to develop, consistent with the national planning policy framework, and against which planning applications will be decided, are going forward. Local plans form the basis for decisions on planning applications and appeals, of course, under planning law. Plan preparation is the best way for communities to be involved. Good progress has been made. Some 62% of all authorities now have an adopted plan and 80%, as my hon. Friend the Member for Newton Abbot said, have now published theirs. That is up from just over 30% in 2010.

The NPPF reminds local authorities that the community should be proactively engaged in the process as far as possible, reflecting a collective vision on an agreed set of priorities for the sustainable development of their area.