Levelling-up and Regeneration Bill

Earl of Lytton Excerpts

Report stage
Monday 4th September 2023 Lords Chamber

[Lord Lansley (Con)]

My Lords, I put on record my interest as chairman of the Cambridgeshire Development Forum, which of course involves me in a wide range of planning and development-related issues.

I want to say a couple of things at the outset. First, I say a big thank you to my Front Bench colleagues for the time and energy that they and officials have given to discussing many of these amendments. I know they have worked hard, including through the recess, for us to try to reach agreements about some of these things: even if we do not, I want to say how much I appreciate the effort they are putting into it. The other thing I want to mention is that all my amendments, even if I might end up disagreeing with my noble friends on the Front Bench, are intended to make the Bill work better and in the spirit of how it is constructed.

That brings me to this first group of amendments, all in my name. In Committee, we had a very interesting discussion about what constitutes an “up-to-date” local plan. Why is this important? It is important because when we reach that part of the Bill and we have a plan-led system, we need to know whether the plan has full effect. Almost by definition, an up-to-date local plan has full effect and an out-of-date local plan has no effect, some effect or a differing weight. An emerging plan also has weight attached to it, but we also do not know precisely how much weight is to be attached. The Government’s answer to this, of course, is terribly simple and was a very compelling reply to the amendments in Committee. It said that an up-to-date plan is a plan that has been adopted within five years of the preceding plan. That is a cliff edge, they said, and a cliff edge does not do: we need something that is more subtle than that and acknowledges that there are plans that go out of date, but they are not much out of date and they are relevant, and we have emerging plans to which weight should be given.

So, we have constructed a set of amendments that inserts the words “up-to-date” in front of “plan”, because if you have a plan-led system and you just say “local plans” and do not refine what you mean by that, it is rather deficient—and we are intending to have a plan-led system. The Government’s arguments are based, in substance, around the proposition that local authorities need to have up-to-date local plans; otherwise, the system will not work effectively. In so far as they do not, the Bill has, as we shall come on to in the next group, the question of national development management policies which, to a large extent, step in in the determination of planning applications in circumstances where a plan is no longer up to date. So, there are undoubted pressures on local authorities to have a local plan that is up to date, but this is not easy.

Although we have a significant slowdown in the number of local plans being progressed by local authorities—not least because of the uncertainties associated with the revision of the National Planning Policy Framework and the uncertainties, frankly, associated with the passage of this legislation, which is not helping the situation—none the less when the Bill goes through and the NPPF is published we need to give greater certainty, and I think statutory weight behind the expression “an up-to-date local plan” gives certainty.

However, it does not solve the problem of a plan being out of date or there being an emerging plan in relation to the existing one. That is why the most important amendment I have suggested in this group is Amendment 187, which gives the Secretary of State a power in regulations to say what constitutes an up-to-date local plan—enabling that term to be defined—and to specify what weight should be attached to plans that are no longer up to date and to emerging plans. I anticipate that my noble friend may reply, perfectly sensibly, that we can do all that in guidance; my point is that we are creating statute and therefore want to give statutory weight to local plans as such and to up-to-date local plans, and to give a statutory framework for the processes by which Ministers determine how up-to-date plans, out-of-date plans and emerging plans are to be considered in relation to the process of determining applications.

When we come on to national development management policies, the interaction between the regulations saying how much weight should be attached to emerging and out-of-date plans and the Government’s specific provisions in the national development management policies is an important one, which would be assisted by placing all these things into regulations—to which Parliament can have regard, which is, frankly, not an insignificant consideration. As we have encountered a number of times in the planning considerations in this Bill, where the National Planning Policy Framework and guidance to local planning authorities are concerned, Parliament plays, in effect, no role.

We have a chance now to say that we want a role—that we want to see the regulations and, in exceptional circumstances, to dispute them. The key thing is that Parliament should at least have a chance to see and debate them, and to give statutory weight and legislative backing to the meaning of local plans as they appear at the heart of the plan-making process. I beg to move.

[The Earl of Lytton (CB)]

My Lords, as this is the first time I have spoken at this stage of the Bill, I draw your Lordships’ attention to my professional and property interests.

I strongly support what the noble Lord, Lord Lansley, has put forward, for reasons which tangentially affect me to some extent where I live, down in Sussex, where no one could quite work out whether a duly made neighbourhood plan was still extant in the absence of a current local plan. This seems to be one of those things where unforeseen consequences have come about. As the noble Lord, Lord Lansley, has mentioned, making local plans and keeping them up to date is certainly not an unonerous burden; it is a process of constant churn in which at a certain date it becomes law, if you like, and at another date it suddenly drops off the cliff edge, as he referred to it, but the neighbourhood plans do not necessarily coincide with that same cycle.

It is even more of a problem for communities to make their local plans, because they do not have the same sorts of resources. A lot of it is done by voluntary hard work and endeavour. Yet in areas where a neighbourhood plan is still extant but the local plan has gone out of date, the whole thing is left in limbo. I absolutely buy the point that we need greater certainty and that some parliamentary scrutiny of this process is needed, at least to be able to consider a regulation.

Whether it is right that the Secretary of State should have quite such extensive and untrammelled powers to do this is probably a matter that the two sides of the House will never quite agree on. I think there is a valid point about how far one takes that. However, this degree of uncertainty is highly corrosive and is very damaging to confidence in the local plan and to coherence and trust in the process at neighbourhood and local plan level. I warmly support and thank the noble Lord for raising this very important group of amendments.