Housing and Planning Bill

Baroness Laing of Elderslie Excerpts

Tuesday 5th January 2016 Commons Chamber

[Mrs Maria Miller (Basingstoke) (Con)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 2—Duty to meet the resilience objective—

‘(1) The Secretary of State and planning authorities in exercising and performing the powers and functions conferred or imposed by the provisions in Part 1 (New homes in England) and Part 6 (Planning in England) of this Act shall exercise or perform them in the manner which he or they consider is best calculated to further the resilience objective at subsection (2).

(2) The resilience objective is—

(a) to secure the long-term resilience of housing developments as regards environmental pressures, population growth and changes in consumer behaviour, with particular regard to water supply management, sewerage management, flood risk mitigation and waste disposal, and

(b) to secure steps for the purpose of meeting, in the long term, the need for sustainable homes and communities, including by promoting—

(i) appropriate long-term planning and investment by relevant parties, and

(ii) the taking of measures by the relevant parties to manage resource use in sustainable ways, to achieve sustainable management of water, and to increase resource efficiency so as to reduce pressure on the natural environment.

(3) In this section, “relevant parties” includes—

(a) relevant undertakers, including licence holders and authorised suppliers, as provided in the Gas Act 1986, the Electricity Act 1989 and the Water Industries Act 1991; and

(b) individuals and bodies corporate who are seeking planning permission in order to build houses.”

This new Clause would provide a statutory duty on the Secretary of State and local authorities to secure and promote the resilience of housing and other development.

Amendment 31, in clause 1, page 1, line 6, after “promote”, insert

“new homes across all tenures, including”.

The amendment would change the purpose of the Bill to one that would enable the supply of more housing across all tenures rather than just starter homes.

Amendment 32, in page 1, line 7, at end insert

“and the infrastructure needed to support such developments”.

The amendment would ensure that additional housing is supported with adequate infrastructure.

Amendment 33, in page 1, line 12, leave out

“at a discount of at least 20% of the market value” and insert “at a price no higher than is affordable to a household receiving the median local household income, with affordability to be determined by the local authority.”

The amendment would ensure that starter homes are affordable at locally-determined rates of income.

Amendment 34, in clause 2, page 1, line 15, at end insert—

‘( ) is not to be sold to buy-to-let investors”.

The amendment would exclude “Buy to Let Property ” from the definition of starter home.

Amendment 35, in page 1, line 15, at end insert—

‘( ) is built on under-used or unviable brownfield sites not currently identified for housing on public and private land, as determined by the local authority.”

The amendment would limit starter homes to ‘exception sites’, as previously announced by the Government.

Amendment 37, in page 2, line 10, at end insert—

“(d) lives or works locally, with the definition of local to be defined by the local authority or the Greater London Authority in London.”

The amendment would ensure that a proportion of starter homes are available to local people.

Amendment 38, in page 2, line 22, after “State”, insert

“after consultation with the relevant local authority or local authorities and the Mayor of London.”

The amendment would provide that the price cap can only be amended after consultation with the relevant local authorities and the Mayor of London.

Amendment 39, in page 2, line 25, at end insert—

‘(8A) The restrictions on resales and letting at open market value relating to first time buyer starter homes must be in perpetuity.”

The amendment would require the discount to remain in perpetuity.

Amendment 1, in clause 3, page 2, line 28, after “starter homes” insert

“or alternative affordable home ownership products, such as rent to buy”.

This amendment would ensure that new developments provide a mix of affordable home ownership products for first time buyers, to further widen opportunities for home ownership.

Amendment 110, in page 2, line 28, after “starter homes” insert

“and other types of affordable housing”.

This amendment would ensure that new developments include a range of affordable housing options, to rent and buy.

Amendment 40, in page 2, line 28, at end insert

“except where the local authority considers that providing starter homes would prevent other types of affordable housing being built.”

The amendment would enable local authorities to be able to ask for planning gain measures that provide for a range of affordable homes other than starter homes.

Amendment 41, in clause 4, page 3, line 13, at end insert

“and which has been subject to a full assessment of the need for starter homes in the relevant local authority area.”

The amendment would ensure that priority is not given to the provision of starter homes in a given area before a full assessment of the number of such homes needed has taken place.

Amendment 42, in page 3, line 18, at end insert—

“The regulations may provide that sites can be exempted from the requirement to promote starter homes where a site has a scheme that—

(a) is a “build to rent” scheme;

(b) contains supported housing for younger people, older people, people with special needs and people with disabilities;

(c) contains a homeless hostel;

(d) contains refuge accommodation; or

(e) contains specialist housing.”

The amendment would remove sites from the starter homes requirement where other types of affordable housing has already been planned for.

Amendment 43, in clause 5, page 3, line 31, at end insert

“which must be displayed on the authority’s website and updated annually, contain information on all types of affordable housing, and include information that starter homes remain to be sold at 20% below market value.”

The amendment would require local planning authorities to report on their functions in respect of starter homes, affordable housing more generally, and that starter homes remain to be sold below market value annually and to publish the report.

Amendment 44, in page 3, line 40, at end insert

“and to demonstrate that the land in question is not needed for employment, retail, leisure, industrial or distribution use.”

The amendment would empower the Secretary of State to require data on the extent to which land used for starter homes was not needed for employment, retail, leisure, industrial or distribution use.

Amendment 45, page 4, line 1, leave out clause 6.

The amendment would remove Clause 6 from the Bill.

Amendment 2, in clause 6, page 4, line 4, after “starter homes” insert

“or alternative affordable home ownership products such as rent to buy”.

This amendment would ensure that new developments provide a mix of affordable home ownership products for first time buyers, to further widen opportunities for home ownership.

Amendment 46, in clause 8, page 5, line 36, at end insert “and without unreasonable cost.”

The amendment would prevent local authorities having to bring forward sites that are deemed to be at an unreasonable cost.

[Mrs Miller]

I am sure that new clause 1 will be well worth the wait. I take this opportunity to thank the Clerks of the House for their expert help in drafting the new clause.

The new clause will ensure that the Bill does exactly what the Minister wants it to do. It will ensure that every starter home is top-quality and is inspected and built in accordance with existing house building quality processes and standards, and that the records that are already made at key points in the building process are available to new homeowners in order to increase transparency and drive up the quality of the new homes in which the Government are investing.

I am extremely grateful to my hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile) for his support, and in particular for his diligent chairmanship of the all-party parliamentary group for excellence in the built environment. In the APPG, we are working together on a formal inquiry into house-building standards, which involves a detailed evidence-led scrutiny of the problems that need to be dealt with.

--- Later in debate ---

[Brandon Lewis]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker]

With this it will be convenient to discuss the following:

Government new clause 30—Resolution of disputes about planning obligations.

Government new clause 31—Planning obligations and affordable housing.

Government new clause 43—Processing of planning applications by alternative providers.

Government new clause 44—Regulations under section (Processing of planning applications by alternative providers): general.

Government new clause 45—Regulations under section (Processing of planning applications by alternative providers): fees and payments.

Government new clause 46—Regulations under section (Processing of planning applications by alternative providers): information.

New clause 40—Right of appeal: local interested parties—

‘(1) Where a local planning authority does not have an up-to-date and approved local development plan meeting the requirements of Part 3 of the Planning and Compulsory Purchase Act 2004 and—

(a) grant planning permission, whether or not subject to conditions, or

(b) refuse an application for planning permission,

a local interested party may by notice appeal to the Secretary of State as if the interested party was an applicant for the purposes of section 78 of the Town and Country Planning Act 1990 (“the 1990 Act”).

(2) In determining the appeal the provisions at Part III of the 1990 Act shall apply but with the interested party or parties treated as the appellant and the applicant for planning permission treated as a party to the appeal with the same rights as an applicant appealing under section 78.

(3) Before determining an appeal under section 78 the Secretary of State shall, if the appellant, the applicant for planning permission or the local planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(4) For the purposes of this section “local interested party” means any person who is not the applicant for permission in question and whose land, property or other interests in the locality of the development would be directly and significantly affected by the development.’

This new clause would give local interested parties a right of appeal in development control affecting their land, property or interests.

New clause 41—Right of appeal: local parish councils—

‘(1) Where a local planning authority—

(a) do not have an up-to-date and approved local development plan meeting the requirements of Part 3 of the Planning and Compulsory Purchase Act 2004, and

(b) grant permission for the development of more than 100 dwellings,

a local Parish Council may by notice appeal to the Secretary of State as if the Council were an applicant for the purposes of section 78 of the Town and Country Planning Act 1990 (“the 1990 Act”).

(2) In determining the appeal the provisions at Part III of the 1990 Act shall apply but with local Parish Council or Councils treated as the appellant and the applicant for planning permission treated as a party to the appeal with the same rights as an applicant appealing under section 78.

(3) Before determining an appeal under section 78 the Secretary of State shall, if the appellant, the applicant for planning permission or the local planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(4) For the purposes of this section “local parish council” means a parish council—

(a) within whose boundaries all or part of the development at subsection (1) would take place,

(b) whose boundary is adjacent to the development, or

(c) would otherwise be directly and significantly affected by the development.’

This new clause would give local parish councils a right of appeal in respect of developments consisting of 100 or more dwellings.

New clause 48—Neighbourhood right of appeal—

‘(1) After section 78 of the Town and Country Planning Act 1990 (“the 1990 Act”) insert—

“78ZA A neighbourhood right of appeal

(1) Where—

(a) a planning authority grants an application for planning permission, and

(b) the application does not accord with policies in an emerging or made neighbourhood plan in which the land to which the application relates is situated, and

(c) the neighbourhood plan in subsection (1)(a) contains proposals for the provision of housing development, certain persons as specified in subsection (2) below may by notice appeal to the Secretary of State.

(2) Persons who may by notice appeal to the Secretary of State against the approval of planning permission in the circumstances specified in subsection (1) above are any parish council or neighbourhood forum by two thirds majority voting, as defined in Section 61F of the 1990 Act, whose made or emerging neighbourhood plan includes all or part of the area of land to which the application relates.

(3) In this section “emerging” means a neighbourhood plan that—

(a) has been examined,

(b) is being examined, or

(c) is due to be examined, having met the public consultation requirements necessary to proceed to this stage.”

(2) Section 79 of the 1990 Act is amended as follows—

“(a) in subsection (2), leave out “either” and after “planning authority”, insert “or the applicant (where different from the appellant)”;

(b) in subsection (6), after “the determination”, insert “(except for appeals as defined in section 78ZA and where the appellant is as defined in sub-section 78ZA(2).””

This new clause would give parish councils and neighbourhood forums rights of appeal in respect of planning permission for development that did not accord with policies in an emerging or finalised neighbourhood.

New clause 50—Minimum space standards for new dwellings—

‘In Schedule 1 Part M to the Buildings Regulations 2010, after subsection M4 insert—

“Internal Space Standards

(M5) New dwellings should meet the minimum standards for internal space set out in the National Described Space Standard, 2015.”’

The new clause would incorporate the National Described Space Standard into building regulations to ensure all new dwellings are built to meet those requirements.

New clause 51—Local Authorities and Development Control Services—

‘(1) A local planning authority may set a charging regime in relation to its development control services to allow for the cost of providing the development control service to be recouped.

(2) Such a charging regime will be subject to statutory consultation.’

The amendment would allow local authorities to develop a planning fees schedule that would enable the full costs of processing planning applications to be recovered.

New clause 57—Planning obligations: local first-time buyers—

‘(1) After section 106 of the Town and Country Planning Act 1990 (planning obligations) insert—

“106ZA Planning obligations in respect of local first-time buyers

(1) When granting planning permission under 70(1)(a), or permission in principle under 70(1A)(a), for the construction of new dwellings for sale, the local planning authority may require that a proportion of the dwellings are marketed exclusively to local first-time buyers for a specified period.

(2) The “specified period” in subsection (1) must start no earlier than six months before the new dwellings have achieved, or are likely to, practical completion.

(3) “First-time buyer” in subsection (1) has the meaning given by section 57AA(2) of the Finance Act 2003.

(4) The Secretary of State may by regulations—

(a) define the “specified period” in subsection (1),

(b) define “local” in subsection (1), and

(c) the definition “local” may vary according to specified circumstances.

(5) The regulations in subsection (4) so far as they apply to local planning authorities in Greater London will not apply to these authorities unless the Secretary of State has consulted and received the consent of the Greater London Authority.”’

This new clause would empower local planning authorities to impose a planning obligation when giving planning permission for the construction of new housing for sale requiring that a proportion of the housing is marketed exclusively to local first time buyers.

New clause 58—Planning (Listed Buildings and Conservation Areas) Act 1990: amendment—

‘(1) The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows—

(2) In Section 1, for subsection (3) substitute—

“(3) In considering whether to include a building, or part of a building, in a list compiled or approved under this section, the Secretary of State shall take into account—

(a) whether its exterior contributes to the architectural or historic interest of any group of buildings of which it forms part;

(b) the desirability of preserving, on the ground of its architectural or historic interest, any feature of the building consisting of a man-made object or structure fixed to the building or forming part of the land and comprised within the curtilage of the building; and

(c) the desirability of excluding specific features or structures (whether part of the building or otherwise within its curtilage) for the purposes of facilitating improvements in matters including, but not limited to, environmental performance, health and safety and cost-effective maintenance.”’

This new clause would make explicit the duties and powers of conservation and planning authorities to take account of the specific heritage priorities within a listed building’s curtilage against other considerations.

Government new schedule 4—Resolution of disputes about planning obligations: Schedule to be inserted in the Town and Country Planning Act 1990.

Amendment 74, page 51, line 21, leave out clause 111.

Amendment 100, in clause 111, page 51, line 25, leave out “land” and insert “brownfield land for housing”.

The amendment makes clear that “permission in principle” is limited to housing on brownfield land in England.

Amendment 101, page 51, line 33, at end insert—

‘( ) Criteria for permission in principle and technical details consent will be subject to consultation with local authorities.’.

The amendment would ensure that communities continue to have a say on decisions that affect them through their local planning committees and through the local plan process.

Amendment 70, page 52, line 25, leave out “not”.

The amendment would ensure that permission in principle expires when the plan is no longer relevant or has been replaced.

Amendment 102, page 52, line 38, at end insert “, where prescribed information will be subject to consultation with local planning authorities.”.

The amendment would ensure that burdens on local authorities are minimised and existing systems for collection of information are used effectively.

Amendment 71, page 53, line 1, at end insert “unless any material considerations indicate otherwise.”.

The amendment would allow local planning authorities to overturn the ‘permission in principle’ decision where important material considerations which the plan making stage did not reveal have come to light.

Amendment 72,  page 53, line 18, after “period”, insert “and in any event no longer than five years”.

The amendment would create certainty for communities and developers and contributes to reducing ‘permission in principle’ by using for land speculation and land banking.

Amendment 103, in clause 112, page 54, line 27 [], at end insert “and in particular the achievement of sustainable development and good design;”.

The amendment would place a high level obligation on the face of the Bill to ensure brownfield land contributes to sustainable places.

Amendment 80, in clause 115, page 56, line 7, after “financial”, insert “costs and”.

This amendment would require information about costs as well as benefits to be included in certain planning reports.

Amendment 81, page 56, line 15, after “financial”, insert “costs and”.

See amendment 80.

Amendment 82, page 56, line 23, after “financial”, insert “cost and”.

See amendment 80.

Amendment 83, page 56, line 24, at end insert “cost or”.

See amendment 80.

Amendment 84, page 56, line 26, at end insert “cost or”.

Amendment 85, page 56, line 35, after “financial”, insert “costs and”

See amendment 80.

Amendment 86, page 56, line 36, after “the”, insert “cost or”.

See amendment 80.

Amendment 87, page 56, line 38, at end insert—

“(c) provide a description of financial costs by reference to the infrastructure requirements and environmental impacts associated with an application for planning permission, and require consideration of whether these have been addressed in the development plan for the area.”.

See amendment 80.

Amendment 78, in clause 116, page 57, line 25, at end insert—

“(7A) Guidance referred to in subsection (7) must include a requirement for the developer to pay development value for land that is compulsorily purchased for housing as part of any Nationally Significant Infrastructure Project.”.

This amendment would ensure that developers who acquire land for housing developments via compulsory purchase as part of a Nationally Significant Infrastructure Project must pay the development value as if it had been acquired on the open market.

Amendment 104, in clause 118, page 58, line 40, after subsection (3) insert—

‘(4) Section 136 of the Local Government, Planning and Land Act 1980 (Objects and General Powers) is amended as follows.

(5) After subsection (2) insert—

“(2A) Corporations under this Act must contribute to the long-term sustainable development and place making of the new community.

(2B) Under this Act sustainable development and placemaking means managing the use, development and protection of land and natural resources in a way which enables people and communities to provide for their legitimate social, economic and cultural wellbeing while sustaining the potential of future generations to meet their own needs. In achieving sustainable development and placemaking, development corporations should—

(a) positively identify suitable land for development in line with the economic, social and environmental objectives so as to improve the quality of life, wellbeing and health of people and the community;

(b) contribute to the sustainable economic development of the community;

(c) contribute to the vibrant cultural and artistic development of the community;

(d) protect and enhance the natural and historic environment;

(e) contribute to mitigation and adaptation to climate change in line with the objectives of the Climate Change Act 2008;

(f) positively promote high quality and inclusive design;

(g) ensure that decision-making is open, transparent, participative and accountable; and

(h) ensure that assets are managed for long-term interest of the community.”

(6) Section 4 of the New Towns Act 1981 (The Objects and General Powers of Development Corporations) is amended as follows.

(7) For subsection (1) substitute—

“(1) The objects of a development corporation established for the purpose of a new town or garden city shall be to secure the physical laying out of infrastructure and the long-term sustainable development and place making of the new community.

(1A) Under this Act sustainable development and place making means managing the use, development and protection of land and natural resources in a way which enables people and communities to provide for their legitimate social, economic and cultural wellbeing while sustaining the potential of future generations to meet their own needs. In achieving sustainable development, development corporations should—

(a) positively identify suitable land for development in line with the economic, social and environmental objectives so as to improve the quality of life, wellbeing and health of people and the community;

(b) contribute to the sustainable economic development of the community;

(c) contribute to the vibrant cultural and artistic development of the community;

(d) protect and enhance the natural and historic environment;

(e) contribute to mitigation and adaptation to climate change in line with the objectives of the Climate Change Act 2008;

(f) positively promote high quality and inclusive design;

(g) ensure that decision-making is open, transparent, participative and accountable; and

(h) ensure that assets are managed for long-term interest of the community.”’

The amendment would insert placemaking objectives for both UDC’s in Local Government Act 1980 and for New Town Development Corporations in the New Towns Act 1981 and sets out an ambitious high quality purpose for making the development of scale growth.

Government amendment 10.

Government amendment 75.

Government new clause 32—Engagement with public authorities in relation to proposals to dispose of land.

Government new clause 33—Duty of public authorities to prepare report of surplus land holdings.

Government new clause 34—Power to direct bodies to dispose of land.

Government new clause 35—Reports on improving efficiency and sustainability of buildings owned by local authorities.

Government new clause 36—Reports on improving efficiency and sustainability of buildings in military estate.

New clause 49—Power to direct—

‘The Secretary of State shall define in regulation powers for local planning authorities to direct the use of underused, un-used or otherwise available publicly-owned land in a local area to support redevelopment or regeneration as outlined in a local development plan.’

The clause would give councils the power of direction on publicly-owned land to enable it to be brought forward more quickly to support redevelopment or regeneration opportunities.

Government new schedule 5—Authorities specified for purposes of section (Reports on buildings owned by local authorities and others).

Government amendment 8.

[Brandon Lewis]

New clause 29 allows the Secretary of State to make regulations via the affirmative procedure about the fees to be paid by applicants when they make planning applications. New clause 30 and new schedule 4 set out a dispute resolution process to speed up section 106 negotiations in order to help housing starts to proceed more quickly. They provide for a person to be appointed to help resolve outstanding issues in relation to section 106 planning obligations. The new process will also apply only in situations where the local planning authority would be likely to grant planning permission if satisfactory planning obligations were entered into, ensuring that we only target sites where prolonged negotiations could stall development.

After the appointed person issues their report on that mechanism, the parties will still be free to agree their own terms if they do not agree with the report, but only if they do so quickly. We want to encourage the parties to tie up their loose ends quickly. We are consulting on the finer detail of the process and we will bring forward regulations in due course.

New clause 31 seeks to provide the Secretary of State with a power to restrict the enforcement of planning obligations in relation to affordable housing in certain situations. We have included a definition of affordable housing that includes starter homes. These changes will support house building. We will be consulting on how to use that power, and measures will be introduced through regulations.

New clauses 32 to 36 and new schedule 5 are designed to ensure that public sector bodies make efficient use of their land and buildings as part of their duty to deliver the best value for the taxpayer. I want to thank my right hon. Friend the Minister for the Cabinet Office and Paymaster General for his excellent work on those amendments.

New clause 32 requires Ministers of the Crown, and any public bodies added through regulations, to engage with other relevant public bodies when developing proposals to dispose of land. That duty was inspired by local authorities who have experienced varying levels of engagement, ranging from excellent to none at all. It will set out clearly what local authorities and other relevant bodies should expect when the Government are disposing of land.

Clause 32 will ensure that engagement takes place on an ongoing basis from the point at which proposals for disposal are being developed. The clause requires Ministers of the Crown to engage with local authorities.

New clause 33 is a transparency measure and will require public authorities to prepare and publish a report setting out details of land that is surplus to requirements and has been retained as surplus for longer than two years or, in the case of property that is wholly or mainly residential, longer than six months; and why surplus assets have not been released. Regulations will make further provision about reports, and guidance will give more detail on determining whether land is surplus.