Protection of Family Homes (Enforcement and Permitted Development) Bill

Baroness Laing of Elderslie Excerpts

Friday 28th October 2016 Commons Chamber

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

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

May I begin by congratulating the hon. Member for—[Interruption.]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. It is unfair on the hon. Gentleman that people are making a noise while leaving the Chamber. His Bill is also important and deserves a hearing.

[Steve McCabe]

Thank you, Madam Deputy Speaker.

I begin by congratulating the hon. Member for Harrow East (Bob Blackman). I am very pleased that his Homelessness Reduction Bill has made progress.

Let me be blunt: I have been here a long time, and I know how Fridays work. In fact, in a previous life I was the Government Whip on Fridays, so I have a fair idea of what to expect. I intend to be very brief because I would really like to give this straightforward proposal a chance to make it on to the statute book. If it is not the Government’s intention to give my Bill a chance, I ask the Minister to consider the injustice and wrongs that it seeks to address, and at least to think about how the Government might tackle the issue. I am quite willing to meet him and his colleagues to consider other options. My ego is not such that I need to have a Bill with my name on it; what I want is something to address the problem. The Neighbourhood Planning Bill is currently before the House, and we could amend that. I think there is also a White Paper imminent.

The purpose of the Bill is to offer occupants of family homes some relief and protection against rogue developers and landlords who are exploiting permitted development rules where the shortage of local authority resources and the complexity of existing enforcement arrangements means that there is little prospect of redress. Selly Oak Village and Bournbrook were once particularly attractive parts of my constituency. They consisted of a series of interlocking tree-lined streets full of small terraced and other family homes. Today they consist of “To Let” boards, with streets, pavements and front gardens littered with skips, builders’ rubble, sand and cement. All day and at the weekends, there is the noise of building works as developers knock up extensions of various shapes and sizes in an effort to convert family homes into five, six, eight, 10 and 12-bedroom houses in multiple occupation.

Birmingham City Council seems powerless to address this activity, even where it is clearly in breach of planning guidance, permitted development rules, and building regulations. It says that enforcement action is far too costly for local authorities, that Government guidance is not clear enough, and that it cannot risk a court case against well-heeled developers who are often much better resourced. The problem is not confined to Selly Oak or to Birmingham; it affects towns and cities across the country. The Minister may even have come across it in Nuneaton. Anywhere with a student population, a transient workforce or a high demand for temporary accommodation is being affected in the same way.

One example is the case of my constituents Mr and Mrs White, a retired couple who have lived for many years, and brought up their children, in the family home. A developer bought the house next door and promptly commenced an extension that has, in effect, changed their detached home into a semi-detached property, as the roof was expanded to sit on top of the roof and guttering of their home. The council failed to take enforcement action, despite the work commencing without any approval, because the developer had claimed the work was within permitted development rights. In reality, he went well beyond any rights he had. A surveyor’s report indicated severe damage to the Whites’ external wall. It has cost them thousands of pounds in court fees, and despite winning their case and being awarded costs, they have not yet received a penny, and the illegal extension is still in place.

Another constituent, Mrs O’Sullivan, complained that work on an extension included digging up the foundations in a shared alleyway. The council concluded that the requirement to take into account whether any breach unacceptably affects public amenity or involves the use of land and buildings that should be protected in the public interest meant that a court case was too costly and too risky.

On Gristhorpe Road, the Britannia Group continues to build extensions designed to convert existing homes into eight-bedroom properties, without planning permission and under the guise of permitted development. Given that it gets away with that, it is not surprising that other developers are doing the same thing in the same street and on adjacent roads. In one development, cowboy builders demolished the chimneys and gas flues of the home of the elderly couple next door, exposing them to the risk of serious carbon monoxide poisoning.

I could go on, but many Members will be familiar with the accounts that I have given. All those cases involve ordinary people who have worked and saved for their family homes, only to find rogue developers and landlords turning their properties and streets into a series of mini-hostels.

--- Later in debate ---

[Caroline Lucas (Brighton, Pavilion) (Green)]

On a point of order, Madam Deputy Speaker. Earlier today, members of some organisations that have been working on the ground in Calais came to Parliament to express their deep concern about the chaos that is unfolding in the camp at this moment and the complete lack of safeguarding, which is leaving children in a dangerous situation. At least 40 children spent last night under a bridge, and their only security was provided by some volunteers from those grassroots organisations, who were prepared to spend the night alongside them. We were also told that the process of bringing children in under the Dubs amendment had apparently been “paused”.

I wonder whether you, Madam Deputy Speaker, could use your best offices to call on the Home Secretary to come to the Chamber and make a statement now. She could then reassure us that she is doing all that she can to hold the French authorities to the commitments that they made earlier today to remove children safely, and to ensure that British officials who are able to work alongside the volunteers and French authorities in the camps are actually in those camps and making sure that the children are safe.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I understand why the hon. Lady has brought that information to the House immediately. The situation in Calais is, of course, tragic, and we are all concerned for the welfare of the children who are there, especially those who are on their own.

The hon. Lady asked me whether I could use my good offices—the offices of the Chair—to bring the Home Secretary to the House now. She would have had to submit a request for an urgent question earlier this morning to allow Mr Speaker to require the Home Secretary to come to the Chamber today. Clearly, now that the House is on the point of adjourning, I have no offices that I can use to require the Home Secretary to come to the House.

However, I will say two things of importance to the hon. Lady. First, I am sure that the Home Secretary and her Ministers will be aware of the situation that she has described. I expect that they will take action in the way in which they have taken action over several weeks, and I expect that the Home Secretary will take action on these issues regardless of whether the House is sitting. Secondly, when the House next sits, at 2.30 pm on Monday—three days from now—the Home Secretary will be here to answer questions. I am sure that the hon. Lady and other Members will be able to raise this matter with her then, and that she will be fully able to respond.