Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016

Graham Stuart Excerpts

Wednesday 15th June 2016 General Committees

[Teresa Pearce (Erith and Thamesmead) (Lab)]

I beg to move,

That the Committee has considered the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (S.I. 2016, No. 332).

It is a pleasure to serve under your chairmanship, Mr Nuttall. I am pleased to be here, standing in for my hon. Friend the Member for City of Durham (Dr Blackman- Woods), who is unfortunately indisposed and unable to be here this week.

The Minister will be well aware of Labour’s long-standing concerns about the extension of permitted development rights and change of use, along with our dismay at the continual use of statutory instruments to make significant changes to planning legislation by both this Government and the previous Government, of whom he was a member. I am glad that our prayer against this statutory instrument was successful and that we have an opportunity this afternoon to discuss it.

The Minister will recall on a number of occasions my hon. Friend the Member for City of Durham telling him and the hon. Member for Grantham and Stamford (Nick Boles), in his former role in the Department for Communities and Local Government, that we are totally against the extension and relaxation of the permitted development rights system, because it takes away the ability of local people and their elected representatives to have their say. Let me make it clear that we are not against change of use per se, and we fully recognise the need for many more additional homes. We want additional housing for all tenures to be developed in a sustainable and appropriate way and in consultation with local people. Unfortunately, we believe that this statutory instrument flies in the face of that objective.

In the specifics of the order, there are several areas on which I would like clarification from the Minister. Article 3 appears to introduce a requirement that the Secretary of State reviews the operation and effect of articles 1 to 7 of the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2015 every five years. Labour has argued for that in the past and we would welcome such a review, providing it leads to meaningful action if there are problems within the operation of these articles and it is not just a box-ticking exercise that will be ignored.

Article 4 changes the working of the general permitted development order to clarify that the relevant boundary is opposite the rear wall of the residence being enlarged and it is probably a helpful amendment, but the fact that the Government need to clarify matters at this level of detail shows that allowing building through permitted development rights often throws up problems that need to be micromanaged by central Government, which would not occur if planning were done properly through the local authority planning system. The statutory instrument includes in article 5 the provision to include land as well as a building in a change of use from class A1 to A2. This change presents some real concerns that the Minister can perhaps address. Is there any limit on the amount of land and on what can be done with it? Will it be permitted to build on it? Given that the change is from A1 shops to A2 financial or professional services, could a car park be built on it?

Before I go on to look at the details of articles 6, 7 and 8, all of which relate to specific changes of use, I point out once again that we are not against change of use in general, and councils should be able to use it sensibly to plan their high streets. Sadly, with much permitted development in place, this is becoming increasingly difficult. Similarly, planning to increase housing supply should be undertaken through the proper planning system and not on an ad hoc basis through permitted development.

Article 6, which allows for laundrettes to change to residential use, is a case in point, particularly in London. It might be sensible to change a laundrette to residential use, but it might not be, as local community might rely on the laundrette to provide a service that they cannot get elsewhere. Will there be any consultation of local people about what their community needs? The Minister will know that the current prior approval system makes no allowance for this.

In article 7, the temporary permitted development right of change of use from office to residential is made permanent, which frankly dismays us. Surely the Minister can see that the reduction of office space without consultation from the local authority and local people is not only inherently anti-localist but could have serious impacts on the local economy. If a council is looking to regenerate its area by attracting businesses, office space is vital. If a local business wants to expand and cannot find the appropriate space, their ambitions will be stifled and they might take their business out of the area. We would welcome some comment from the Minister on whether he might recognise that or consider putting some kind of cap on the amount of office space that can be converted to residential use.

One element of article 7 that we welcome cautiously, and that Labour has long pressed for, is the condition that the noise impacts of the surrounding premises on the intended occupants of the new developments be taken into account. However, we have reservations, so perhaps the Minister will clarify. Will it work both ways? If there is an office or building that would be disturbed by noise from a new residential development, will that be considered? Similarly, if there are venues that are sources of noise in the area, such as live music venues, and development is still permitted, will those venues be protected from noise complaints from the residents in future? We discussed that during the passage of the Housing and Planning Act 2016.

Like article 7, article 8 gives temporary permitted development rights for change of use from light industrial to residential use. Again, will the Minister say how we can be certain that buildings of light industrial use will not be needed or be part of a local authority’s economic regeneration strategy? Although we welcome the additional element of prior approval that looks at how pre-existing businesses or distribution services would be affected by changes, why is that not extended to include the impact on the wider community or applied to other change of use permitted development rights, such as those in articles 6 and 7?

We are not the only people to have raised those issues. London Councils and others have raised all of them and more, including the resulting increases in office rents, the loss of occupied space and the loss of new affordable housing supply. They also expressed confusion over the article 4 direction, which allows them to suspend permitted development rights. Will that still be allowed to apply in those areas? The Minister will know that it is a very cumbersome process, and that the Secretary of State retains the right to modify article 4 directions, massively limiting the possibilities for their use. Nevertheless, we would like to know whether local authorities will be able to apply for exemptions, and if so on what grounds. Will the Secretary of State simply override all suspensions of office to residential change of use?

Article 10 seems to demonstrate that the Government are prioritising quantity over quality by requiring a developer that is changing a building to residential use to supply the local authority with the number of residences that will come from the development as part of the application to determine whether prior approval is required. We should focus on how appropriate new developments are for an area and on whether they are of the right tenure to meet local needs, as well as simply adding to supply. That can be done through the proper planning system. Article 11 gives temporary permission for commercial film making. We take no issue with that, but I would like clarification from the Minister about what safeguards will be in place to protect the local community and ensure that there is no lasting damage.

Finally, articles 12, 13 and 14, all of which relate to permitted development for mineral exploration, demonstrate how reluctant the Government are to allow planning changes that have potentially enormous and wide-ranging implications to be scrutinised properly. The three articles, subject to conditions, enable the drilling of boreholes for monitoring and investigative purposes in respect of petroleum exploration to be carried out for the purposes of groundwater monitoring, seismic investigation and monitoring, and location and appraisal of mine workings.

I note that there is a requirement for operators to notify the Environment Agency and drinking water suppliers when undertaking the drilling of boreholes, and to notify the Coal Authority of boreholes drilled for the purpose of locating mine workings, but although there is a limit on how near to an occupied building, hospital or school an exploration can be—no closer than 50 metres—there is no similar requirement to inform residents that development is being undertaken. It therefore appears that local communities will have very little say in whether the initial monitoring activity goes ahead. Will the Minister say whether that is simply a mistake by omission, or whether the Government have good reason to think that parents, teachers, doctors and patients need not be notified about these activities, when they could be happening just 51 metres away?

On the commitments to clean up within 28 days after the activity, what assurances will be put in place to ensure that developers comply or are able to comply? For example, what assurances will be sought from companies to ensure that they have the financial security to be able to comply after the event?

Labour has long called for a complete moratorium on fracking underneath areas of environmental sensitivity, such as national parks, areas of outstanding natural beauty, sites of special scientific interest and all levels of water protection zones. In the order, the Government have protected a number of those areas and we welcome that concession. Crucially, however, fracking underneath protected groundwater sources is still allowed, provided it is more than 1,200 metres below. Why is that the case when we do not know the long-term impacts on the water, and by extension, on public health? We ask the Minister to put a hold on exploration under groundwater sources, either indefinitely or at least until we know more about the long-term consequences.

[Graham Stuart (Beverley and Holderness) (Con)]

Will the hon. Lady give way?

[Teresa Pearce]

I have almost finished, so to give the Minister time to answer I would rather not give way.

We are concerned that the Government are trying to avoid proper scrutiny from MPs and from the country by enacting potentially enormous, significant changes to our planning system through a negative statutory instrument. I and, I am sure, my hon. Friend the Member for City of Durham look forward to hearing the Minister’s answers to my questions.

--- Later in debate ---

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Nuttall.

I echo the words of my hon. Friend the Member for Erith and Thamesmead. The Labour party is absolutely not opposed to the concept of the change of use of industrial and employment land to housing. We all agree—indeed, we discussed this in Westminster Hall yesterday—that there is an urgent need to deliver more housing, particularly in London, where my constituency is located. That is an admirable aim and one that, prior to coming to this House, I was very much involved with delivering as a lead member and the chair of planning in Hounslow, where we delivered and, indeed, significantly exceeded, the delivery of total and affordable housing targets.

One only has to drive west along the elevated section of the M4 to see the numbers of new-build housing for which planning permission has been granted by the London Borough of Hounslow in recent years. That is why I believe strongly that local authorities that are delivering on new housing targets have to be able to retain the right to make planning decisions without the cumbersome need to apply for an article 4 direction.

The three-year rule was launched under the coalition Government, and that period has just expired. As a result of that relaxation of the change-of-use rules and the new permitted development rights, the borough of Hounslow lost 81,500 square metres of employment floor space. That represented a gain of 1,251 residential units, but that is against an overall delivery through planning decisions of several thousand units. More importantly, because of that relaxation of the rules and Hounslow’s inability to make decisions on certain sites and apply the 40% affordable housing policy, 512 affordable housing units were lost. As developments came forward for which applications for planning permission did not go to Hounslow, the borough could not impose the important affordable housing requirements on those developments, so more than 500 affordable units were lost in that three-year period. Hounslow has delivered 1,400 affordable units in the past five years, but it could have delivered at least another 500 more.

The removal of proper planning consideration and scrutiny for new developments, particularly where they involve change of use from existing—often older—office stock to housing, also concerns me because of the loss of decent housing standards: space standards, access standards, potentially design standards, and so on. All such developments should be subject to public scrutiny. That is why the planning system was set up.

I will give an example of some buildings in Brentford and Chiswick town centres. The market buildings in Brentford and five or six buildings in Chiswick, which are older office stock, have been full to the gills of small and medium-sized enterprises. They have effectively been incubator units and an important source of economic regeneration and jobs because of the role that those businesses have played in the local economy. Those businesses were in the town centre. Jobs were housed in those buildings, which were full until the landlord deliberately let the leases fall in and all the occupants had to find somewhere else, often many miles away, to do business, which, given that many of the business owners and their staff lived locally, added to traffic congestion and their personal stress. Because the people who worked in those buildings were there every day, they helped to sustain the local shops, pubs and restaurants, and the other services in those town centres.

Chiswick town centre is fairly prosperous, but even there, the independent and specialist shops and some of the catering businesses struggle. In Brentford, there is a vulnerable retail and shopping centre, which could not afford to lose the workers from those office buildings, who spent money five days a week—they had lunch hours and might have gone out after work two or three evenings a week. Those people have been lost and replaced by people who often work long hours, leave early and get back late, and might spend an hour once or twice a week in those town centres.

The planning authority—the planning committee, the councillors and the officers—should be able, with due consideration, to assess the positive and negative impacts of such changes of use and the loss of such offices. That is why the planning system was created 70 years ago. That system has stood us in good stead. Particularly in London authorities—in Hounslow as in most of London—it has delivered the new housing that we so desperately need, and done so rationally. In certain circumstances, it has enabled the retention of employment property where that is relevant, such as in the examples that I have given.

Most of the new housing in Hounslow has been built on former employment land; we have got shedloads of it and the vast majority of it has gone to housing, but through proper local planning decisions. There are examples, such as those I have given, that absolutely illustrate why local control should be there. Why remove planning controls and then put them back through the article 4 direction route? Why even go through that route? As I said, it took some time for Hounslow to be able to get the article 4 direction in place—there was the legal challenge and so on.

I want now to move on to laundrettes specifically. This does seem slightly bizarre; laundrettes to housing is not going to deliver very many new housing units. There are not many laundrettes remaining, but in London they provide an essential service. In areas such as mine there are large numbers of people living on low incomes in poor-quality private sector housing or in overcrowded flats with different tenures. Sometimes a washing machine is not provided; sometimes a poor-quality washing machine breaks down. If someone is on a very low income and their washing machine breaks down, that is a serious catastrophe. If someone has young children or is caring for somebody with disabilities who needs laundry and bedding changed every day, they need a laundrette nearby that they can get to. A washing machine breaking down is a serious crisis for many people on low incomes.

It is beholden on us as public servants to have a say in whether it is appropriate that a laundrette should remain or not. Clearly if there is no business or demand locally for a laundrette, the owner or leaseholder can of course apply to the local authority for planning permission, making the case that there is no need for it. In that case, if the evidence is there, the planning authority could well agree that there is no justification for that laundrette anymore and that it should revert to another use, such as housing. However, how many laundrettes are actually suitable for housing, as many of them are in shopping parades? I really regret seeing this very small but for many people very significant—

[Graham Stuart]

There is a provision. People do not have to apply for planning permission, but they do have to get prior approval. Has the hon. Lady considered that? Does she think it is inadequate, or has she just ignored it?

[Ruth Cadbury]

I do not find the prior approval rule sufficient to prevent this use, because the Government policy is based on a presumption that we do not need laundrettes anymore and that is what I regret. I would like to hear from the Government what the justification, and where the impact analysis, is for this legislation. In conclusion, I want to know what impact assessment the Government did on these two elements of the statutory instrument before putting them forward, because I have not yet seen the evidence—certainly from my perspective in London—that this is necessary.