Neighbourhood Planning Bill

Duke of Somerset Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Thursday 2nd February 2017 Grand Committee

[Baroness Pinnock (LD)]

I am speaking on behalf of my noble friend Lady Bakewell of Hardington Mandeville, who is indisposed and has had to leave. I draw attention to my interests as set out in the register. I am another vice-president of the Local Government Association and a councillor in the Metropolitan Borough of Kirklees.

My noble friend wanted to say that, while some developers submit planning applications and build the homes for which they have been given permission, not all of them do so. It is not unusual for developers to gain permission but not to start work on site or, if they do, for the work to be at a low level and for the site then to be abandoned. This does not help the housing crisis that the country is currently undergoing. Local planning authorities and councillors believe that there are sufficient planning permissions to cover local housing needs, but they are thwarted when homes are not built in a timely fashion. There is currently little that they can do to encourage a developer to start and finish. The amendment moved by the noble Lord, Lord Cameron, would encourage tardier developers to take seriously the permissions they already hold and to build to meet the need. It is not intended to penalise the smaller developer who may be having problems financing his work but is aimed at those who have permissions for 50 homes or more, and who could make a real difference to the housing shortage by realising that these homes matter.

I turn now to Amendment 63. We have all seen sites around the country that have received full planning permission and where a digger has been on site and excavated a drainage ditch, then the driver has packed up and gone home. Often the digger is left on site. Perhaps metal barricades will be erected around the ditch, but nothing else happens. These sites can often be left for years before anything further is done. There is a notorious site in my area which was 40 years in development. As noble Lords can imagine, many things have changed in that time, such as the road network and all sorts of other things. It is a real issue that needs to be addressed. The country is suffering a housing crisis, and has been for many years. This will not improve unless we get developers moving to fulfil their obligations to build with the permissions they hold.

Encouragement does not appear to have worked in the past, so we must turn to sanctions. In my amendment I have not specified what “a reasonable time” for completion might be or what the financial penalties should be. I believe that these are best left to be determined by the size of the site and the number of homes not completed in an orderly fashion. The amendment appears to be all stick and no carrot, but I regret that the country has reached the stage where homes need to be built, and developers have to play their part in making that happen. I look forward to the Minister’s response.

[The Duke of Somerset]

My Lords, when I first saw the amendment tabled by my noble friend Lord Cameron, I was not sure that I would be able to support it. However, in his introduction to the amendment he certainly clarified some points, and I agreed with a lot of what he said. However, I see both good and bad points in this short amendment, and would like to offer two comments. First, I declare an interest as a landowner who has recently benefited from a housing development planning application.

On the one side, there are often planning circumstances in which a housebuilder will submit a new, revised planning application on a site where he already has planning permission. This could perhaps be to squeeze in more houses, to improve the layout or to take account of a potential Section 106 condition. The real aim, of course, is to increase profit on the scheme, which is often to the detriment of the vendor of the land.

The disadvantages of the amendment arise where it talks about the “area”. I am not sure whether there is a definition elsewhere of the word “area”, but I take it that it means the local authority area or the district council’s geographical area. Large national housebuilders may have various schemes on the go throughout an LPA, the aim of which is to provide more houses of the type that we really need, as we have already heard. The amendment could thwart these types of concurrent developments, to the detriment of aspiring occupiers. Therefore, I look forward to hearing the Minister’s reply.

[Lord Beecham]

My Lords, I apologise to the noble Lord for missing the first part of his speech moving the amendment. Like other noble Lords, I strongly sympathise with the objectives but I am not sure that the amendment as drawn is viable. The noble Duke, the Duke of Somerset, has identified one or two issues with it, notably what is meant by “area”. We are not necessarily talking about a small area or even a city. There are now unitary authorities—for example, Durham and Northumberland in my part of the world—that are geographically large counties. For them, 50 homes is neither here nor there.

The objective that the noble Lord seeks to pursue is absolutely the right one, but the noble Baroness’s amendment is a better way of dealing with matters. She is looking amazed. I am always happy to congratulate the Liberal Democrats on getting something right; it usually happens in leap years, but not always. I think she has identified a better way of approaching the matter than the noble Lord, but what is important is that the noble Lord has raised the issue, which is something that has been in people’s minds for a long time.

I hope that this is an opportunity for the Minister to indicate what, if anything, the Government are considering doing to deal with what is something of a scandal. We apparently have something like 500,000 or 600,000 permissions not acted upon, at a time of huge shortage. The Government want to increase housing numbers, and there must be ways in which developers can be persuaded to get on with it or lose their permission. That could take a variety of forms, and the noble Baroness’s suggestion may more workable than the noble Lord’s. However, the main thing is that the Government should accept there is a problem and agree to do something about it in one form or another, in a way that will help to incentivise the implementation of planning permission and effectively remove the risk of permission being outstanding for long periods with nothing happening on the ground where it is most needed. I am looking forward to a sympathetic reply from the Minister on the issue, without his necessarily committing to either of the two projects.

Neighbourhood Planning Bill

Duke of Somerset Excerpts

Committee: 3rd sitting (Hansard): House of Lords
Monday 6th February 2017 Grand Committee

[Lord Cameron of Dillington]

My Lords, I would like to add my voice in support of this amendment and to repeat the point made by the noble Baroness about the comparison of ancient woodlands to, say, a grade 1 listed building. I will take an example local to me, which is Wells Cathedral in the county of Somerset. It is irreplaceable. However much money you have, you cannot replace it. If you destroy it, whatever you put in its place could never be the first English Gothic cathedral built on a Saxon minster. That is the real wonder of Wells, apart from its magnificence and splendour as a building. Similarly, we cannot replace an ancient woodland. Whatever is put in its place, it will never be a pre-industrial 500 year-old to 10,000 year-old woodland with all the naturally developed species and habitats that tell the tale of the specific centuries it has lived through. Even if a newly planted woodland were to survive for 500 years in this fast-moving world, it could never be the same as one which may never have been planted at all, but just emerged from the residue of the last Ice Age or the wastelands of a Viking, Saxon or Norman wilderness. Such woodlands are irreplaceable and this amendment needs to be supported.

[The Duke of Somerset (CB)]

My Lords, I understand that Amendment 46 is not central to the thrust of the Bill but it will definitely improve it, although perhaps as a bit of a side issue. The amendment seeks to do more than just preserve ancient trees, of which we have heard so much about and which are extremely important; in subsection (1)(d) it also provides for new plantings. The need for trees on development sites is extensive in order to improve the otherwise sterile environment that is often found on a new estate.

Trees improve the townscape by breaking up angular building forms. They bring colour in season, they screen unsightly views and enrich biodiversity and habitats. They benefit insects, birds and mammals, and provide a source of nectar for bees which are currently under much pressure from chemicals. They also provide berries for wildlife. Trees conserve energy by providing shelter and shade from the wind and the sun. They absorb pollution and particulates and thus improve air quality, which is an increasing urban problem leading to ill health and sometimes death. Trees can provide educational tools for schools in order to develop environmental awareness and conservation skills. The list of benefits is long and worthy—from the abstract by reducing human stress, to the practical by absorbing and mitigating the risks of flooding and erosion, as we have heard.

However, trees have to be managed and there are health and safety aspects to be addressed. For example, branches can sometimes shed without warning, but these are not too difficult to manage. If we had more trees, children might even rediscover the joys of climbing them and they might learn to respect and not to vandalise their own communities by damaging the young plants. This alone can foster strength in communities and reconnection with neighbours.

If carried, this amendment would add greatly to the Bill in an inexpensive and non-critical way. I commend it to the Committee.

Neighbourhood Planning Bill

Duke of Somerset Excerpts

Report: 2nd sitting (Hansard): House of Lords
Tuesday 28th February 2017 Lords Chamber

[Lord Judd]

I am very glad to support my noble friend in this amendment. She has put the case admirably this afternoon. I, too, am deeply impressed by the Minister. I have been in this place a long time now, and I find it difficult to think of a Minister who has gone out of his way more generously to try to meet wishes expressed in the context of serious debate. We had a very serious and useful debate in Committee.

Ancient trees and woodlands are almost impossible to value, because they have so much significance. I am particularly concerned in this context with urban areas. We are desperate to build houses and we very much need more houses in this country; it has to be a priority and we have to get on with it—but it is not just about putting people into shoeboxes. It is about putting people into a situation in which they can live and in which their imaginations can be stimulated—in which they can feel the spiritual dimensions of life, as the noble Lord has just said. All trees contribute in that context, but ancient trees have particularly powerful significance. Of course, if there are imaginative teachers in local schools, there can be references in the context of the education going on in those schools to what those trees represent in terms of the history of the country. We are at a time when we are very worried about national identity; we are very worried about people feeling what it means to be British and how the roots of being British are planted. Of course, the tree is a link to the past; what the tree has witnessed in its life is almost invaluable. From that standpoint, we ought to be very certain indeed that we are doing everything possible to protect trees in the situations that might threaten them.

I too find the wording in the Bill not convincing. Sometimes, there is an urban community—perhaps a relatively deprived community—where there are trees that matter in the ways we have been describing. What happens when it comes to the development process? You have the big forces of development—the big boys at work. How does the community assert itself effectively? We want to make sure that it can and that those who are concerned for the community can make representations on its behalf.

Personally, I would always like a total ban and to say that developers everywhere should do their development around the trees, particularly where there are ancient trees. This would be the ideal, but what we are putting forward seems to be a reasonable compromise. I much appreciate the sincerity and commitment of the Minister in trying to find ways of meeting our concerns. So I support him in every way I can—together with others, I am sure—by saying: let us just go this further mile and make sure what he has already been trying to do can be done well and effectively. I believe my noble friend’s amendment will make this possible.

[The Duke of Somerset (CB)]

My Lords, in Committee we heard powerful arguments both for retaining veteran and ancient woodlands and for the planting of new trees in new estates. I welcome the proposals in the White Paper but, as the noble Lord, Lord Framlingham, has said, this is the vehicle that we are discussing now. So I support this amendment, as I feel strongly that trees in any form hugely enhance an urban setting. They can ameliorate the sterility and newness so often and inevitably associated with such new developments. It is not just landscape or townscape; it is biodiversity and ecology that are improved. It also has a beneficial effect on the people, young and old, who live in the new community; it is they who will benefit from these trees. Trees and plants promote respect and foster community by softening the architecture and giving scope for educational projects.

In Committee, I gave a long list of benefits associated with urban tree planting, so I will not repeat them now. I will merely say that trees add value to a scheme, over and above any detriments that one can imagine. As to what those detriments may be, I await the Minister's reply, as I cannot discern any. When he answered in Committee, he had none, except to cite the forthcoming White Paper. I thank him for what this will do, but support the greater aims of this amendment.

[Baroness Parminter (LD)]

My Lords, from these Benches, I support the intent behind this welcome amendment. I too thank the Minister and the Government for what they have already committed to do. If we could just nudge them a little further, it would give life to the position that this House made clear in Committee—which is that we believe there should be an equivalence of protection for ancient woodlands. At Second Reading, the noble Baroness, Lady Young, used the memorable phrase,

“the cathedrals of the natural world”.—[Official Report, 17/1/17; col. 161.]

We need to be clear that the wording has to be watertight. We have seen with the National Planning Policy Framework that every word matters. We have boiled down planning policy guidance and we need planners to be clear about the level of protection that the Government want to offer to ancient woodland. If it is not given an equivalence in the wording, then there will be arguments about the level of protection that the Government wish to see and that this House has so clearly articulated that it would wish them to give.

That equivalence is important but if we do not do it now, at an early stage when we are beginning to understand the natural capital resources in trees—their cultural, social and biodiversity significance—there will be endless arguments among planners as this emerging field develops. The Minister’s clear statement that the Government want to give protection to ancient woodlands is welcome. With a small step in this direction, and tightening the wording of the NPPF, the Government could give us confidence that this intention can actually be delivered on the ground.