Planning (Community Right of Appeal)

Chris Skidmore Excerpts

Tuesday 20th January 2015 Westminster Hall

[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.

[Chris Skidmore (Kingswood) (Con)]

I thank my hon. Friend for calling this debate; I am listening with interest to what she says. I declare my interest, having introduced a ten-minute rule Bill back in 2012 to call for a community right of appeal. What does she think about neighbourhood plans? It is unfair that local plans get precedence over neighbourhood plans. Could a community right of appeal be linked to neighbourhood plans, which would give those plans teeth and put rocket boosters under them, convincing people that they are the right things to produce?

[Anne Marie Morris]

My hon. Friend makes an extremely good point. What one could certainly do is to link a right of appeal to those communities that have adopted a neighbourhood plan. However, we could go further than that and perhaps at this point I can set out what a community right of appeal might look like.

First, there must be true planning grounds for such a right of appeal, including a situation in which the local authority was ignoring Government guidance. The case in Shutterton was not entirely on-point here, because clearly the decision there was made by the inspector. None the less, there could be a right of appeal if it is seen that Government guidance is not being followed. Secondly, there would be grounds for appeal if there was a failure by the local authority to abide by the provisions of a local plan. Thirdly, and this addresses my hon. Friend’s point, there could be an appeal if there was a failure to abide by the neighbourhood plan. Finally, there could be an appeal if there was a failure to provide infrastructure properly.

Those are my suggestions; I am sure there are many other planning grounds that could and should be included in that list. Perhaps, however, they could be a “starter for 10”.