Levelling-up and Regeneration Bill

Earl of Lytton Excerpts

Consideration of Commons amendments
Wednesday 25th October 2023 Lords Chamber

[Lord Ravensdale (CB)]

My Lords, I shall speak to Motion B. I declare my interests as set out in the register. I thank the noble Baroness, Lady Hayman of Ullock, the noble Lords, Lord Lansley, Lord Teverson and Lord Hunt, as well as the noble Baroness, Lady Hayman, all of whom supported the amendment at earlier stages.

I particularly thank the Minister for coming back with the government amendment. Although it does not give us everything that we asked for, it constitutes great progress in this area. It ensures that climate mitigation and adaptation will be considered in the national development management policies, and, looking at the wider context of plans in the Bill, will ensure that it is included and will then be a compulsory part of decision-making. Therefore, it goes some way towards giving us what we were after, and I am grateful to the Minister for coming back with that substantive amendment.

I have one small point. In the absence of a definition of climate change mitigation and adaptation in the amendment, perhaps the Minister might consider including the targets, with reference to the Climate Change Act and the Environment Act, in the Explanatory Notes to the Bill.

I welcome the comments made by the Minister in the other place that the Government intend to do a fuller review of the NPPF, to ensure that it contributes to climate change mitigation and adaptation as fully as possible, following Royal Assent. I hope the Government seize the opportunity here to strengthen chapter 14 of the NPPF to specify that, in determining planning applications, decision-makers must take account of climate change mitigation and adaptation.

The government amendment embedding climate and the environment in planning decision-making will have a great effect on getting clean infrastructure and sustainable homes built right across the country. Importantly, it will also do much to empower local authorities and regions to play their part in the net-zero transition, which they all want to do. We still see a need for further legislative work in this area—particularly on a move towards a statutory duty, as we propose—but, again, I am grateful for the progress that has been made.

Lastly, I thank all noble Lords who voted for my amendment and helped to get it over the line in a very close vote on Monday.

[The Earl of Lytton (CB)]

My Lords, I shall comment on each of the amendments. First, I commiserate with the noble Baroness, Lady McIntosh of Pickering. I do so as a past president of the National Association of Local Councils, the parent of parish and town councils in this country, which would dearly have loved to have had the facility to vary the way in which it deals with meetings. I am sorry that the Government have not seen fit to acquiesce to any of this. The Minister suggested that the measure went too far and that it would open the floodgates to local government holding virtual meetings as a matter of course. Were that his fear, the Government’s fear or that of the other place, it seems to me that it would have been perfectly possible to come back with a proviso that the Secretary of State would make regulation.

One matter that has never been explained to my satisfaction is the juxtaposition—the fact that, by definition, accountability is somehow measured by physical presence. I do not get that, and I do not think there will be many Members of this House present today who will get it. This issue will come back through sheer force of practicality and necessity. We have to move into the modern age, in that sense. I will leave my comments on that there.

I congratulate the noble Lord, Lord Ravensdale, on his success in getting what I can only describe as the obvious provision into this Bill, namely that we have to take climate change seriously and that it underpins everything that we do. To that extent, it was inevitable—if not in this Bill then in very short order—that something would have to be included somewhere in primary legislation, but I congratulate him on his persistence in getting this far. Even if it is not the whole bun, it is certainly more than a currant in the bun and he is to be congratulated.

In that context, there are other things in the Bill that have been left on the cutting- room floor. I am sorry that the noble Lord, Lord Crisp, is not here at the moment. His amendment on healthy homes is about something that is inevitably going to come back. It is not going to disappear; this is going to have to be the benchmark whereby society expects homes to be created.

The series of amendments which I have been trying to get through unsuccessfully was to do with building safety remediation. The fact is that so many leasehold homes are unprotected yet are faced with remediation costs and liabilities, without which they will not get insurance at any sensible cost. These homes are not excluded from the necessity of remediation by virtue of their height, whether it be 11 metres and below or above 11 metres, because the Building Safety Act 2022 says that it will cover all these other buildings.

It is simply not correct that somehow these homes escape the inevitable consequences of that. That is going to come home to roost because there is an entire market sector—an entire financial sector—that is dependent upon that being resolved. If it is not resolved now in this Bill, as it clearly will not be, then it will come back in short order because this is a matter of an existential threat to leasehold tenure, or indeed whatever tenure there might be instead of leasehold. If you have a building in multiple occupation, where different parts are apartments, this problem is going to come home to roost so long as there are defects caused in the original construction and the constructor and developer are able to walk away from that liability.

In congratulating the noble Lord, Lord Ravensdale, on getting his motherhood and apple pie amendment passed, let me remind your Lordships that other bits that have been left behind are also going to come back and haunt us as things go forward.

[The Duke of Montrose (Con)]

With the leave of your Lordships, I will touch on another small point. In Monday’s Hansard, the heading for this Bill said that legislative consent had been obtained from the Welsh Government but that the Government were still looking for legislative consent from the Scottish Government. In fact, a Scottish Government paper relating all the trials and tribulations that my noble friend had been through—it had 26 pages—was still operating. Are we still looking for more consent from that direction?