Clive Betts
Main Page: Clive Betts (Labour - Sheffield South East)
Mr Clive Betts (Sheffield South East) (Lab)
First, I want to note the very unsatisfactory nature of the debate on this important issue. Our debate has taken place in two bits at the end of two days, and the Government’s business managers could have found more time for it over the past few weeks. I know that the Minister was also keen to have the debate.
On behalf of the Communities and Local Government Select Committee, I would like to express our thanks to the Minister for the process that he went through, for informing the Select Committee at an early stage of his intention to produce a draft national planning policy framework, for inviting the Committee to look at the proposals and for listening carefully to our views and accepting in full or in part 30 of our 35 recommendations. I suppose we could look at this in two ways: either the Select Committee’s report was excellent, or the draft document was somewhat flawed. Perhaps it was a bit of both. I do not want to be churlish, however. There have been distinct improvements, which we welcome, particularly in relation to the definition of sustainable development.
I also want to thank the Chair of the Environmental Audit Select Committee, my hon. Friend the Member for Stoke-on-Trent North (Joan Walley), for the work that her Committee did, and for ensuring that the presumption in favour of sustainable development was set into the framework of the local plan, because the local plan must be at the heart of any plan-led system. There are some concerns about how far the issue of brownfield priority was taken, but the test will be in the practical application of the framework. Another welcome measure is the incorporation of offices and other development, as well as retail, into the sequential test to protect district, town and city centres. Those and other changes in the final document are very welcome.
I do not have time to go through all the points in the document, as our time is constrained and other Members want to speak, but I shall draw out one or two areas in which things could go wrong, or that are in need of clarification or perhaps further review at some stage. That is not to say that there are not other good things in the document, but I want to draw out the issues that need further testing or scrutiny.
The test of this document is not whether it is better than the first draft but whether it is better than the existing guidance that has been in operation up to now. The test is also whether it delivers better planning for communities and individuals, and for developers as well, because they are important in creating homes and jobs. What test do the Government want to apply to judge the success of the system? Is it a requirement to meet the Housing Minister’s target to build more housing in this country than we were building before the recession? Is it a requirement to ensure that we develop enough renewable energy projects to hit our climate change targets? I assume that those are the Government’s objectives. However, during our discussions on this matter, in the debate on the initial draft and in the comments on the Minister’s statement, an awful lot of Members on the Government Benches seemed to be saying, “We want a planning system that stops development in our areas.” I just worry that there might be some conflict—
Mr Betts
Well, we have seen a lot of letters to newspapers saying, “Please stop all these wind turbines being put up”—[Hon. Members: “Hear, hear!”] I got an immediate response to that one. How, in the end, does a planning system relate all the individual local decisions and wishes of local communities to the Government’s national targets to deal with climate change and house the people of this country?
Chris Heaton-Harris
As a former Member of the European Parliament I can remember the directive that we passed, but it does not tell a country how to achieve its renewable energy targets by specifying which sectors it should promote; it simply sets a target, and there is an implication that it should be hit. Allowing local people to choose which types of renewable energy they would like to see in their local community would bring on more renewable energy projects, not fewer.
Mr Betts
In the end, I am a committed localist. I believe in consultation and taking account of the wishes of local communities. All localists—not just Ministers—face a challenge: if the sum total of local decisions does not add up to the national requirements on issues such as climate change or the number of homes, what should the Government do about it?
Andrew George
The hon. Gentleman poses a very difficult question. He knows that it is almost intractable, and I know that Ministers have been wrestling with it—when his party was in government, as well as now. In Cornwall, for example, the housing stock has more than doubled in the last 40 years, yet the housing problems of local people have become significantly worse. It is not that the locals in that area are nimbys, as growth has been faster there than almost anywhere else in the country; the problem has been that it has been the wrong type of housing, which has not met housing need. We thus need the power of local people to determine the kind of housing that is necessary, not simply to meet a number target.
Mr Betts
I am sympathetic to the hon. Gentleman’s point. He has a long history of arguing for more of the right sort of housing for his community; I would not accuse him of nimbyism at all. There is, however, an issue for the Government to think about.
It is helpful that the Minister has kept in place the technical guidance about the assessment of housing need, so that there is a consistency up and down the country. It would also be helpful if he could write to hon. Members, and place his response in the Library, to explain exactly what technical guidance has been left in place to date, what his plans are to review it, in conjunction with various professional bodies and the Local Government Association, and what the time scale for the process will be. It was an important decision, as I say, to leave the technical guidance in place, and it would be helpful to know more about what is going on with respect to it.
Although the Government have not gone quite as far as the Select Committee wanted, I welcome the fact that local authorities will have to come forward yearly to show in their monitoring reports what they are doing about the important duty to co-operate. There will be challenges for authorities that cannot meet their housing need because of land constraints, as they will need neighbouring authorities to take house building on to meet housing needs. Without proper co-operation between those authorities and in the absence of the top-down targets from the regional spatial strategies, whose removal I know Government Members welcome, some areas are going to have real problems meeting housing needs in a constructive and co-ordinated way.
Ministers and Government Members need to accept that, however much they welcome the changes they have brought in, any change in the planning system will almost certainly lead to uncertainty and cause an initial slowdown in decision making. That is almost inevitable, so we should not be surprised if things do not go smoothly at first. Almost certainly, too, there will be unintended consequences from what they are putting forward. There will be misreading of the wording; inspectors will come to decisions on appeal that do not conform with the Minister’s aspirations; judicial reviews will reach different conclusions from those Ministers, local MPs or local councils might want. At some point, the Minister will have to put in place a review system and perhaps bring in some changes, simply to take account in practice of those sorts of issues. This is a technical issue, but it could be crucial to how the system works. In the end, how it works in practice rather than what it says on a piece of paper is what will count.
I welcome the idea of having transitional arrangements, and it is good that the Minister agreed them with the Local Government Association. That is very positive. Let us look at some of these transitional arrangements. For example:
“For 12 months from the day of publication, decision-takers may continue to give full weight to relevant policies adopted since 2004 even if there is a limited degree of conflict with this Framework.”
What does a “limited degree of conflict” mean? There is an awful lot of room for an awful lot of lawyers to argue about that and make quite a bit of money. In the next paragraph, it states that
“after this 12-month period, due weight should be given to relevant policies and existing plans according to their degree of consistency with this framework”.
What does “degree of consistency” with the framework mean? Ministers may think they know what it means, but lawyers may have a different view and two lawyers may have two different views, and that can lead to an awful lot of expense, delay and, perhaps, the wrong decisions.
Chris Heaton-Harris
I think the hon. Gentleman will find that two lawyers will have a number of different views.
Mr Betts
I stand corrected on that point.
The fact that some of the wording is open to interpretation may cause real problems. It may mean that, ultimately, that the wishes of local communities are not adhered to.
Most of the complaints made in evidence to the Select Committee about the planning system were not about guidance and policy, but about process relating to individual applications. I do, however, have a lot of sympathy with the Government in regard to the slow pace at which local plans have been put in place. The Planning and Compulsory Purchase Act 2004 resulted from the fact that local authorities were not adopting unitary development plans quickly enough. We now know that local plans are not in place in about half the authorities concerned.
How can we change that for the future? The Minister has gone some way towards accepting our proposal. We have talked about the “light touch review”. If local plans are to be at the heart of the process, it is ridiculous that we should be dealing with plans many of which are 20 years old. That is not acceptable. We must find a way of bringing those plans up to date more rapidly. I do not know whether the system of local development frameworks, strategies and site allocation plans is too complicated to provide the necessary flexibility, but the Select Committee may wish to return to the issue, and the Government may wish to work along with us in exploring the technical issues further.
Everyone is in favour of neighbourhood plans, but I am worried about the resource implications. Such plans will not feature in poorer areas with fewer resources. It also worries me slightly that people see them as a way of stopping development. Apparently they must be consistent and
“conform to the strategic priorities within the Local Plan.”
What exactly does that mean? I think that it provides more room for legal argument.
In the end, what is important is not what the NPPF actually says, but how that is interpreted and what happens on the ground. At some point the Government will have to explain, in their terms, what a successful planning system will achieve, and how they will monitor it in order to display that success in the future.
Andrew Stunell
I thank the hon. Lady for her helpful contribution. It is one of a large number of well informed and important points that have been made during this debate, not least of course by my right hon. Friend the Minister when he said that the local plan is the keystone to our reform process. The local plan of the planning authority will be the guideline for development decisions in an area, with the neighbourhood plan of course forming an important statutory part in those areas that have plans in place.
Andrew Stunell
The Chair of the Committee—incidentally, it made an extremely important contribution to our consideration of these matters—makes an important point. I say to him and to the right hon. Member for Greenwich and Woolwich (Mr Raynsford) that as the targets went up under the last Government so the performance of housing went down. The idea that there is some connection between top-down, top-driven targets and performance on the ground is not supported by the evidence. What we maintain—and as we have heard from my hon. Friend the Member for Milton Keynes South (Iain Stewart) and others—is that there is clear evidence that when local communities are put in the driving seat they fully understand the need for homes and jobs for their children and grandchildren, as well as parks and recreation spaces.