Police Grant

Debate between Baroness Laing of Elderslie and Brandon Lewis

Wednesday 22nd February 2017 Commons Chamber

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The hon. Member for Coventry North West (Mr Robinson) must surely understand that those of us who have been in the Chamber these past two hours know that he did not take part in the debate and has not been in the Chamber. I hope that he will not seek to intervene again.

[Brandon Lewis]

It is important that the consultation work goes ahead, and we will do it properly. The police service has asked us to do it methodically and properly, not to take the rushed approach that Opposition Members have implied that they would support.

I commend the police grant report to the House. It provides stable funding for forces and extra funding for transformation, and it should leave the House absolutely clear that police in England and Wales will have the resources they need to continue to protect the public.

Question put.

The House proceeded to a Division.

[Madam Deputy Speaker]

I remind the House that the motion is subject to double-majority voting: of the whole House and of Members representing constituencies in England and Wales.

Housing and Planning Bill

Debate between Baroness Laing of Elderslie and Brandon Lewis

Tuesday 12th January 2016 Commons Chamber

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

There will now be a joint debate on the consent motion for England and Wales and the consent motion for England. I remind hon. Members that, although all Members may speak in the debate, 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.

I call the Minister to move the consent motion for England and Wales, and I remind him that, under Standing Order No. 83M(4), on moving the consent motion for England and Wales, he must also inform the Committee of the terms of the consent motion for England.

[Brandon Lewis]

I beg to move,

That the Committee consents to the following certified clauses and schedules of the Housing and Planning Bill and certified amendments made by the House to the Bill:

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

Clauses 97, 98 and 120 to 150 of the Bill as amended in Committee (Bill 108) including any amendments made on Report;

Schedules 7 and 10 to 15 of the Bill as amended in Committee (Bill 108) including any amendments made on Report;

Amendments certified under Standing Order No. 83L(4) as relating exclusively to England and Wales

Amendments 180 and 181 made in Committee to Clause 71 of the Bill as introduced (Bill 75), which is Clause 76 of the Bill as amended in Committee (Bill 108);

Amendments 127 and 128 made in Committee to Clause 85 of the Bill as introduced (Bill 75), which is Clause 92 of the Bill as amended in Committee (Bill 108).

[The First Deputy Chairman]

With this we shall consider the consent motion to be moved in the Legislative Grand Committee (England):

That the Committee consents to the following certified clauses and schedules of the Housing and Planning Bill and certified amendments made by the House to the 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 63, 65 to 77, 79 to 81, 83 to 85, 87 to 95 and 99 to 119 of the Bill as amended in Committee (Bill 108) including any amendments made on Report;

Schedules 1 to 6, 8 and 9 of the Bill as amended in Committee (Bill 108) including any amendments made on Report;

New Clauses NC6, NC7, NC29 to NC31, NC35, NC37, NC43 to NC46, NC59, NC60 and NC62 on Report;

New Schedules NS1, NS4 and NS5 on Report;

Amendments certified under Standing Order No. 83L(4) as relating exclusively to England

The omission in Committee of Clauses 35 and 36 of the Bill as introduced (Bill 75);

Amendment 4 on Report, resulting in Clause 78 of the Bill as amended in Committee (Bill 108) being left out of the Bill;

Amendment 111 on Report, resulting in Clause 64 of the Bill as amended in Committee (Bill 108) being left out of the Bill;

Amendment 129 on Report, resulting in Clause 86 of the Bill as amended in Committee (Bill 108) being left out of the Bill.

--- Later in debate ---

[Brandon Lewis]

I will not take any more interventions on the Bill. This is about English votes for English laws.

I am proud of the steps the Government have taken to bring fairness to the devolution settlement. In that spirit, I ask this inaugural Legislative Grand Committee to consent to the certified clauses and schedules of the Housing and Planning Bill and the certified amendments made by the House to the Bill.

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

I call John Healey.

Housing and Planning Bill

Debate between Baroness Laing of Elderslie and Brandon Lewis

Tuesday 5th January 2016 Commons Chamber

[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.