Neighbourhood Planning Bill

Baroness Laing of Elderslie Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Monday 10th October 2016 Commons Chamber

[Sir Edward Garnier (Harborough) (Con)]

I am most grateful to my right hon. Friend for giving way so early. He is quite right about the inbox: this subject dominates so much of the dealings we have with our constituents. There are two areas the Bill does not cover that I think it ought to. I wonder if, over the course of the next few weeks, he and his fellow Ministers could consider whether the Bill should be amended to deal with them.

The first point is that inspectors, on dealing with developers’ appeals, take into account the number of planning permissions given but not the number of housing starts. Planning permissions are in the hands of the district planning authority, but housing starts are in the hands of the developer. If the developer will not make use of the planning permission, it is unfair on the district council and unfair on the affected neighbourhood that does not want to see the planning go ahead.

Secondly—I am sorry, Madam Deputy Speaker, I will be very, very quick indeed—in relation to matters going up to an inspector, I gather from the Minister for Housing and Planning that they cannot be called in once they have gone to the inspector, but they ought to be if there is to be any even-handed justice and equality of arms.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Just before the Secretary of State responds, my patience with and tolerance of the extremely long intervention by the right hon. and learned Gentleman is not to be taken as a precedent.

[Sajid Javid]

My right hon. and learned Friend makes some very good points. The first part of his question was whether we might be able to take some of them into account in the Bill. I anticipate that at some point there will very likely be some amendments to the Bill. If that is the case, they will of course be discussed properly at that time. He made some suggestions that I will think about carefully, in particular regarding what some people call “landbanking” by certain developers.. I talked about that very important point last week in my party conference speech. It is something on which we will be taking further action.

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[Sajid Javid]

rose—

[Madam Deputy Speaker]

Order. I have already made it clear that the first long intervention was not to be a precedent. This second long intervention is definitely not a precedent. I have been patient because this is the first day back, but perhaps Members who have served several decades in the House have forgotten that interventions have to be short. We have many Members wishing to speak this evening and I will have to impose a time limit, so it is simply wrong for interventions to take so long. Short interventions make good debate!

[Sajid Javid]

My right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) has spoken passionately about this issue before. I listened to him then and I have just listened to him again, and I will of course reflect on what he has said. I am sure he will understand that it would not be appropriate for me to talk about a specific planning application, but I will reflect on what he has just shared with the House.

The Housing and Planning Act reforms to speed up and simplify the process came into force just a few days ago, and the Bill will strengthen the process still further. It will make it easier to update a neighbourhood plan as local circumstances change. It will give communities confidence that advanced neighbourhood plans will be given proper consideration in planning decisions, and it will give neighbourhood plans full legal effect at an earlier stage.

Of course, there is no point giving control to communities if they do not know that they have it or lack the skills to use it. So the Bill will also require planning authorities to publish their policies for giving advice or assistance to neighbourhood planning groups. It will also allow the Secretary of State to require planning authorities to keep those policies up to date. These provisions will make the neighbourhood planning process fit for the future. They will make it more accessible for everyone, and they will ensure that neighbourhood plans are fully respected by decision makers.

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[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I must congratulate the right hon. Member for West Dorset (Sir Oliver Letwin) on a perfect speech. In my opinion, of course, the content does not count; what counts is merely the length, in precise minutes. I was about to say to the House—but the right hon. Gentleman has illustrated my point perfectly—that if everyone who wishes to take part in the debate speaks for between seven and eight minutes, as the right hon. Gentleman has just done, everyone will have the opportunity to speak, and there will be no need for a formal time limit. If Members do not stick to a self-imposed time limit, there will be a formal time limit, which makes for much less easy-flowing debate.

Neighbourhood Planning Bill

Baroness Laing of Elderslie Excerpts

3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons
Tuesday 13th December 2016 Commons Chamber

[Greg Mulholland]

I thank my colleagues on the save the pub all-party group, particularly the hon. Members for Brighton, Pavilion (Caroline Lucas) and for Sheffield, Heeley (Louise Haigh), who are vice-chairs of it. I thank the hon. Member for City of Durham (Dr Blackman-Woods) for very kindly opening the debate for me. I apologise to you, Madam Deputy Speaker, and to the House for not being present at that time, but I was wandering over to the Chamber expecting a vote and suddenly saw that the debate on new clause 9 had begun. I also thank the hon. Lady and her colleagues for their consistent support on this issue. Above all, I thank the hon. Member for Eddisbury (Antoinette Sandbach) for having the courage to add her name to the new clause. She will be toasted by many groups around the country.

I thank Protect Pubs for its excellent campaigning. It is now the leading organisation in the country for standing up for and protecting our pubs. I also thank the British Pub Confederation, which represents 14 pub sector organisations in the UK. I declare an interest as I am its chair.

Today we are campaigning on exactly the same issue that the hon. Lady’s colleague and great friend of pubs, the hon. Member for Bristol North West (Charlotte Leslie), set out in an amendment in February 2015 as vice-chair of the save the pub group. Too many pubs are still closing. The statistics go up and down slightly, but in excess of 20 pubs are closing a week.

The hon. Member for Shipley (Philip Davies) has missed the point. The new clause is not about stopping pubs that are not viable from being converted into other things. Pubs are being converted into other things all the time. Some pubs might be unviable, but a considerable number of them are viable and profitable. Unfortunately, they are closing because of permitted development rights. Surely it cannot be right that a wanted, profitable business can be closed without local people having any say.

I will not go into the detail, because I know there is limited time, but I think that people are aware of the Town and Country Planning (General Permitted Development) Order 1995, which allows people to turn pubs into shops, supermarkets and offices, or to demolish them, without planning permission. May I ask how long I have to speak, Madam Deputy Speaker?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

The hon. Gentleman will be aware that the debate has to finish in just over 20 minutes and that several other Members wish to speak. Of course, if the House does not wish to hear the Minister, that is up to the House. I would like to hear the Minister, but I cannot insist upon it.

[Greg Mulholland]

Of course we must hear from the Minister, but we need to hear the argument or people will not know what the new clause is about, as is clear from the comments made by the hon. Member for Shipley.

The new clause is about the simple principle that if someone wants to demolish a pub or to convert it into anything, the proposal should go through the planning process to allow residents to have their say on whether they oppose or support it. That is all we are talking about. This simple, common-sense change would mean that—as is the case, strangely, for theatres and launderettes—proposals for pubs would have to go through the planning process.

Let me quote a Conservative councillor. Councillor Michael Iszatt of Cheshunt North ward in Hertfordshire was quoted in The Guardian in 2014, talking about the closure of the Victoria. He said:

“It wasn’t a quiet pub”.

He clearly knew that it was not a failing pub, as did the planning authority, but it could do nothing. Councillor Iszatt said:

“Localism doesn’t apply here… Localism’s got to be a little village where the big supermarkets aren’t interested, because there aren’t thousands of people to buy things. We’re not allowed to have a community. But the reality is, we do.”

That profitable and wanted pub became a Morrisons. It was the victim of the sort of predatory purchasing that we see all the time.

[Madam Deputy Speaker]

Order. I must tell the hon. Gentleman that I was mistaken and have misled him. There are only 11 minutes left in the debate.

[Greg Mulholland]

Thank you, Madam Deputy Speaker. I will speak for no more than a minute to conclude, because otherwise people will not have heard any of the arguments for the new clause.

The Victoria was a profitable, wanted pub. It was closed in 2014 and turned into a Morrisons. And guess what? Because people did not want that and did not have the chance to comment, the Morrisons has closed. Permitted development rights have doubly failed that community, because a profitable business was closed and a supermarket that was not wanted has also closed, meaning that the building is empty.

I know that the Government will not listen and make a concession; frankly, they have not had the chance to hear the arguments properly. However, I urge Ministers to sit down with me and the save the pub group, with the hon. Member for Eddisbury and with Councillor Michael Iszatt to discuss how the Government can address the problem. While communities up and down the country—and councillors, including Conservative ones—are in uproar about the situation, it cannot continue.

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See the explanatory statement for amendment 17.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I will now suspend the House for no more than five minutes in order to make a decision about certification. The Division bells will be rung two minutes before the House resumes. Following my certification, the Government will table the appropriate consent motions, copies of which will be available shortly in the Vote Office and will be distributed by Doorkeepers.

On resuming—

[Madam Deputy Speaker]

I can now inform the House of my decision about certification. For the purposes of Standing Order No. 83L(2), I have certified clauses 14 to 30 and 33 to 35 of the Neighbourhood Planning Bill, including the amendment made on Report and new clause 6 added on Report, as relating exclusively to England and Wales and within devolved legislative competence. Under paragraph (2) of Standing Order No. 83L, I have also certified clauses 1 to 13 and 31 and 32 of, and schedules 1 to 3 to, the Bill, including the amendments made on Report, as relating exclusively to England and within devolved legislative competence. Copies of my certificate are available in the Vote Office.

Under Standing Order No. 83M, consent motions are therefore required for the Bill to proceed. Does the Minister intend to move the consent motions?

[Gavin Barwell]

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M(4)).

[Mrs Eleanor Laing in the Chair]

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

I remind hon. Members that if there are Divisions, only Members representing constituencies in England and Wales may vote on the consent motion for England and Wales, and only Members representing constituencies in England may vote on the consent motion for England.

Motion made, and Question put forthwith (Standing Order No. 83M(5)),

That the Committee consents to the following certified clauses of the Neighbourhood Planning Bill:

Clauses certified under Standing Order No. 83L(2) as relating exclusively to England and Wales and being within devolved legislative competence

Clauses 14 to 30 and 33 to 35 of the Neighbourhood Planning Bill, including the amendment made on Report, and new clause 6 added on Report.—(Gavin Barwell).

Question agreed to.

The House forthwith resolved itself into the Legislative Grand Committee (England) (Standing Order No. 83M(4)(d)).

Motion made, and Question put forthwith (Standing Order No. 83M(4)(d)),

That the Committee consents to the following certified clauses and schedules of the Neighbourhood Planning Bill:

Clauses and schedules certified under Standing Order No. 83L(2) as relating exclusively to England and being within devolved legislative competence

Clauses 1 to 13 and 31 and 32 of, and Schedules 1 to 3 to, the Bill (Bill 83), including the Amendments made on Report.—(Gavin Barwell.)

Question agreed to.

The occupant of the Chair left the Chair to report the decisions of the Committees (Standing Order No. 83M(6)).

The Deputy Speaker resumed the Chair; decisions reported.

Third Reading