Housing and Planning Bill
Debate between Earl of Lytton and Lord True
Lord True (Con)
My Lords, I have tabled Amendment 87A in this group. Since I have been silent a great deal throughout this Committee—I must say that such silence, unlike at a wedding, does not always indicate assent, but it certainly does indicate consent—I should remind the Committee that I am leader of a London borough council which is a planning authority. It wishes to remain a planning authority and it maintains vigorously that local authorities, as the arbiters of local communities, should be respected fully at every level as legitimate public authorities. One does not always hear that language, sadly, from whatever Government are in power.
I well remember the lengthy debates that we had on the Localism Act, in which my then noble friend Lord Greaves was a very active participant. I also played a part. I am a very strong believer in localism and I did play a part in that Act. One of the points that I made repeatedly at that time, often unavailingly, I fear, was that localism can be delivered in many forms. My own council was a pioneer in 2010 in inviting local people to define their own communities—a process in which about 13,000 people took part—rather than simply following ward or parish boundaries. Since then we have established with local people 14 village and town areas within our borough, with very active community engagement in discussing and setting local priorities. It so happens that only one neighbourhood forum has been set up because that has been the will of local people. They appear to have been satisfied with the process that we have taken forward.
We have now begun incorporating and adopting detailed supplementary planning documents—we call them village plans—within our local plan, which reflect that dialogue with the local community following question times, walkabouts, open meetings, post-its, as well as formal consultations. It has been a successful and popular process in which thousands of people have been involved. Indeed, I had to leave your Lordships’ Committee last Thursday early to go to a public meeting in one part of my borough, which was launching the latest village plan. Some 150 to 200 people attended the meeting in a public hall; that is unusual, as I think anybody involved in local politics would say. So, there is enthusiasm.
I was very grateful to have the opportunity to discuss my amendment with my noble friend Lady Williams on the Front Bench. I entirely except her from the many strictures that I may have made at the start of my speech about Ministers over the last 20 to 30 years, since I have been involved in local politics. My main concern and reason for tabling the amendment is that the Bill, and specifically the intervention powers of the Secretary of State, are locked in to this existing single body of statute which is about a neighbourhood forum and a neighbourhood plan, as enacted under the Localism Act. That is one method of getting people involved—a very good and successful method, as the noble Lord, Lord Greaves, rightly said—which is what we want to do. However, it is not necessarily the only method or in every circumstance the best method.
I freely admit that my amendment is not necessarily the best way. It may not be in the right form or in the right place. However, before statute and practice totally ossify and case law proliferates, establishing that there is just this one way of doing it—as laid down by departmental officials and enforced by the Secretary of State from above—and that everything else is inferior, I would like to see some protection for local authorities, and there are many. I do not claim any exceptional skill on behalf of my own, although I think it is been a principle applied by both Liberal Democrat and Conservative Administrations in my authority. Where local authorities have local planning documents in full, after full consultation, they should not find themselves snagged up on artificial challenge as a result of not complying with the specifics of statute in relation to neighbourhood planning envisaged in this single way.
All I am really asking for is some reassurance. Ideally, I would like to have it in law because ultimately, these things will be tested and challenged in law—I suspect by people who perhaps want to make mischief and do not have the overall interests of local people in mind. If it cannot be made clear in law, we need some assurance that this Government, at least—we cannot bind future Governments—recognise that there may be under heaven ways of doing good local planning and involving the public other than as laid out in the Bill before your Lordships’ House.
The Earl of Lytton (CB)
My Lords, I very much welcome the opportunity raised by this group of amendments to discuss this business of neighbourhood plans. Perhaps I should declare an immediate past interest as the previous president of the National Association of Local Councils, now occupied very ably by the noble Lord, Lord Taylor of Goss Moor.
The noble Lord, Lord True, rightly pointed to the primacy of what I, as a private sector operator, know as the principal authority for planning purposes. We should never forget that, fundamentally, that principal authority is the one that ultimately has to make the decision. It is informed by a series of neighbourhood plans where those have been prepared.
Localism is a great thing, but it has come in with something of a great rush into a world in which the neighbourhood construct—by that I particularly mean parish, town and community councils—has for a very long time been neglected in terms of resources, powers, authority and ability to do things. Here, we come to the issue of neighbourhood plans. As the noble Lord, Lord Greaves, pointed out, their administration is quite complex, as are the philosophical constructs behind them. Too often, I still meet people who say, “We have tried to do this neighbourhood plan but really what everybody’s concentrating on is making sure that we don’t get too many housing developments in our area”, so it is seen as a defensive strategy, which is perhaps regrettable. Because it comes with so much of the baggage of what is known as development control, which is essentially a rather negative turn of phrase, that is the inherent direction of travel and it is seen as the received wisdom.
It is not a quick process to turn this round so that people see this as an opportunity to take things forward and to generate a resource they could not otherwise have. This question of resources is one that troubles both the neighbourhood sector—if I can call it that—and the principal authorities. One thing that the noble Lord, Lord True, did not mention is that as soon as you try to step in and make good efficiencies at neighbourhood level, that has resource implications. It also requires officers’ time, which would otherwise be devoted to other things, and almost certainly requires cash outlay on things like mailing, drawing up and making documents available and so on.
The test that needs to be applied was in a question I put to one of the heads of our rural community council. I asked what he thought the main ingredient of a good local plan was. He said that first, people must be properly canvassed: rather than teasing out what they do not want, we must ask what really turns them on and gives them a buzz about their area. At that stage, you can start to peel back the skin of the onion in order to get at the truth. Unfortunately, because of what might be called the inherited philosophical direction of travel, that question is often not asked properly. As a result, we do not candidly canvass the views of the old, young, shopkeepers and businesspeople, and—maybe—the farmers, mums with children and all who would otherwise remain silent. One of the main problems with neighbourhood plans being declared unsound is that it cannot be demonstrated that that process has been gone through with rigour and care. This is an important set of amendments enabling us to discuss this principle.
I am in favour of communities determining their own situation, but if in a particular area they say the equivalent of what I believe is the current acronym— BANANA: ban anything near anyone anywhere—then the principal authority’s executive is going to have to come with a red pen and make themselves deeply unpopular, because there are certain Government imperatives. While these are particularly to do with housebuilding, they also concern the associated infrastructure such as schools, clinics, road improvements —never mind fire services and things like that.
These things are complicated and a community often does not have the voluntary resources. How many would have a private sector town planner, for instance, who had time to attend meetings and guide that process? How many would have people available to deal with the financial mechanics, so that the community can clearly state what benefits it expects and set this out in a constructive manner? These are highly complicated issues, which often require expensive professionals—I stand guilty as charged in that respect. Parishes and town councils do not have those sorts of resources.
It is all very well having a provision whereby the principal authority steps in, but there are still the issues of covering resource implications and achieving a candid representation of the community’s views to take the process forward. Those seem to be sticking points whatever is done. I hope the Minister will be able to throw some light on that.