Planning and Regeneration

Greg Mulholland Excerpts

Tuesday 26th February 2013 Westminster Hall

[John Penrose]

Bath is indeed extremely beautiful; it is also a very rare example of a single, fairly homogenous and relatively planned style of building. With very few exceptions such as Bath, or more modern examples such as Milton Keynes, most of the rest of Britain’s towns and cities are not planned. The way they look is the result of a set of rather accidental phases and stages of development. As a result, some of those phases and stages of development, which have inevitably happened because towns and cities have had to react to society’s changing needs over decades and centuries, have created a look that in some cases may be beautiful and in some cases may be very, very average indeed. In fact, I suspect that many of us can think of some parts of some towns and cities that everybody would cheerfully see being redeveloped quite rapidly. And there is everything in between.

In some cases, we have lucky accidents of beautiful parts of our towns and cities, and in other cases the unlucky accidents of rather ugly places. We need to face up to the fact not only that change has always been a facet of the development of our built environment but that it will always be so. Our towns and cities need to carry on changing if they are to cope with the changing demands of society. They always have and they always will. Given the twin challenges I have just set out, it is extremely likely that we are due for another bout of change—another rapid stage of evolution in what our towns and cities need to do. Nowhere is that more true than on the high street, as it tries to face up to the challenges that I described.

The question is not whether change is coming—clearly it is—but rather how we react to it; how our built environment reacts to it and how local residents are able to use the buildings that we have inherited from our predecessors and those that we are building and developing to bequeath to our successors in whichever urban environment we live and work.

Consequently, it is crucial to ensure that we keep the best bits of what we have already. As I said, there are plenty of examples of beautiful townscapes and wonderful locations, from London’s Mall through to city-centre locations from Edinburgh right the way down to Cornwall, and back again. We need to ensure that as we allow our towns and cities to change, to develop and to react to the pressures on them, we keep the best pieces and do not casually or accidentally allow them to be destroyed in the process of development.

We already have some mechanisms to do that. For example, we have listed buildings. A very small proportion of this country’s buildings—roughly 4%—are subject to listing orders. That means that if they are of particular historic or architectural importance, they are legally protected from being damaged by future development. Equally, we have conservation areas, which is where I think the Minister and the rest of his Department come in. Those areas are protected by planning laws. Local councils can designate a conservation area, and that allows a measure of protection to ensure that it is properly looked after and a homogenous look is maintained.

[Greg Mulholland (Leeds North West) (LD)]

I thank my hon. Friend for giving way and I congratulate him both on securing the debate and on the passion for tourism that he has shown on both the Front and Back Benches. Does he agree that although listing and conservation areas are very welcome, there is a bit of a failing, because in neither case is sufficient weight put on actually keeping a building for what it was actually designed to be, even though in many cases that is perfectly possible?

[John Penrose]

I agree with my hon. Friend that, wherever possible, it is often more historically authentic to try to maintain a particular building for its original purpose. However, it may no longer be possible to maintain a building for its original purpose; a good example would be Martello towers, which, for those who have temporarily forgotten, were part of Britain’s defences during the Napoleonic wars, guarding our coastline from invasion. Clearly, whatever we may think about the likelihood of a French invasion in the future, Martello towers are no longer part of this country’s sea defences, so it would not be sensible to have them as a military installation any more. Many of them have now been very successfully converted, and most conservationists would argue is that if it is not possible, either for economic or other reasons, to maintain a building for its initial use, it is far better to make sure that it has a modern use than to have it sit empty, because if a building sits empty it very rapidly decays. Although I instinctively sympathise with my hon. Friend’s comment, if it is not feasible we need to be flexible and accept the case for change.

Moving on from listed buildings and conservation areas, I recently called for an addition to the available tools for protecting the best of what we currently have, to ensure that as the process of change moves forward in our towns and cities, what is good is not accidentally destroyed. In addition to individual listed buildings and conservation areas, we also need to give consideration to listed views—some way of protecting the skyline or particular avenues of views in towns and cities. There is already a small measure of protection. For example, here in London a number of view corridors are protected, so that people can see the dome of St Paul’s from various points in the city, including a hill on Hampstead heath. But those corridors are narrowly defined and do not provide a ready way of protecting the incidental, day-to-day or small-scale beauty that most of us can think of in towns and villages in our constituencies.

Most people, as they take the dog for a walk or go for a walk on a Sunday with their family, for example, will know local spots where the view is perfect and they love it. They will pause when looking at such a view to appreciate it, whether it is a towpath on a canal, a bandstand in the park or the local high street; it does not matter exactly what it is. It is hard for existing legislation to protect that aspect of what is good-looking and therefore worth preserving in our urban environment. It would help if we moved towards rounding out and completing the suite of protection measures that we have.

Deciding what protections we need, and designating the bits that are worth saving, would allow us to move faster and more vigorously towards the kind of change and updating in urban environments that we have already mentioned, particularly high streets, given the housing requirements that we know about. If we know about the bits that are worth keeping, inevitably and logically it follows that everything else is at least fair game for being updated, redeveloped and regenerated more rapidly, so that it can be altered to reflect what society needs from it with less fuss than before.

We can move faster in reacting to the forces of housing requirements and the hollowing out of high streets, but only if we know what is worth keeping—because we will have designated it, as I have described—and what is not so special, which, if it is changed, we should not be so worried about. Having designated the stuff that is worth keeping, we should be more relaxed about everything else, allowing more rapid development and not being so precious about what regulatory and planning constraints we place on some things.

If people look around while walking on most high streets in Britain, in most places they will usually see a ground floor with retail and sometimes leisure—restaurants, or whatever—and above that, except in the centre of the biggest cities, they will see one or two storeys of lightly used residual construction in buildings that have been standing for 100 years. The upper floors tend not to have been designed to be used above retail and, in many cases, they are hard to access and use for anything terribly productive. In many otherwise thriving high streets, above those one or two extra storeys above the ground floor there is just fresh air.

Those spaces ought to be some of the most valuable, productive and useful in our towns and cities, yet they are lightly used or unbuilt, by and large because such buildings were constructed in the 19th century or earlier and, if they are not historically important, the chances are that they are not terribly useful either. We should allow the ones that are not designated as important and historically, visually or architecturally significant to be redeveloped more easily. To do that, we need to be a bit more relaxed about the regulations that we apply.

My gentle suggestion—my starter for 10—is that if we want to free up the opportunity for our high streets to be redesigned and redeveloped more easily, and make space for more housing in town centres, reducing the inevitable pressure on the fringes of towns, on the green belt and green fields, we should consider allowing developers to build up rather than just out. I suggest to my right hon. Friend the Minister that to do that we should allow buildings to be redeveloped, particularly on high streets, knocked down if necessary and built up. It should be economic to rebuild them. A building that is four or five storeys high, when it is currently only one or two, makes the economics of redevelopment work much more effectively.

We could extend the permitted development rules, which currently allow small-scale extensions and additions to buildings, to allow additional height to be added to some town centre buildings. We could set a maximum height, for example, up to the maximum height of other buildings in the same block, or to that of a local church tower or the tree canopy—something that is not absurdly tall. I am not talking about building the Shard in towns around the country. I am talking about a small addition that would make more of our towns and cities look more like a Parisian boulevard, for example, with shops, restaurants, cafés and other commercial premises on the ground floor and a mixture of either offices or apartments a few floors above. Those are great places to live and work; they are elegant and in some cases beautiful. Doing that would make sure that we were hanging on to the important parts that are already beautiful in our developed and built environment.

That small change could be transformational and could save our high streets, or allow them to develop and mutate as they must if they are to survive, and could, I hope, reduce pressure on our green fields by providing alternative places to build much needed houses. This is a small suggestion—a modest proposal—and I hope that the Minister takes it in the spirit in which it is made. I look forward to his reply after listening to the thoughts of other colleagues.

--- Later in debate ---

[Mr David Lammy (Tottenham) (Lab)]

I congratulate the hon. Member for Weston-super-Mare (John Penrose) on securing this important debate, in which I am grateful to have the opportunity to speak.

As a former Minister with responsibility for heritage, I want to say that the hon. Gentleman is right when he remarked on the important balance of preserving what we have come to understand across communities as beauty in relation to our heritage. I remember the delicate discussions when I was a Minister in the Department for Culture, Media and Sport on balancing the interests of heritage against new building.

In London we have broadly got that right. We can point to exemplary new architecture that contributes to the London skyline, such as the Gherkin, the Shard and the London Eye. Those buildings are controversial—some people like them, and some people dislike them—but they contribute to the sense that London is a modern, forward-looking city. None of us would want to see the important centre that is Westminster, and the important heritage that lies here, destroyed. The London Eye, across the way by County hall, adds to that and provides the right balance. Equally, there were delicate discussion on how the Shard might affect the views from the Tower of London and the important line of sight that goes right down to Richmond park, and we arrived at the right balance. Those discussions will continue as new developments are proposed.

When we consider what has been achieved in parts of London that have been run down and are in need of regeneration, such as the royal docks and the huge work by the London borough of Newham under the leadership of its mayor, Sir Robin Wales, particularly around the Olympic site and the Westfield development, there has been a huge contribution of modernity, and the right balance has been struck for the vibrant multicultural community, which has experienced tremendous poverty over the years.

I thought it was important to contribute to this debate because at the same time, a story has been unfolding on our London high streets—a quiet disaster in need of serious regulation. I am slightly concerned by the presumption made by the hon. Gentleman, unless I misunderstood him, that protection should apply to heritage, beauty, what we need to preserve and where we need development, but that we more or less do not need regulation for the rest. I want to introduce to this debate a growing depth of concern, across London and now in some of our other major towns and cities, about the look and shape of our high streets and how individual people can affect that. What people see here in London, from Ealing to Tottenham to Hackney to Peckham, is a proliferation of betting shops, payday loan shops and fast food restaurants, usually in the shape of chicken shops. They are not Kentucky Fried Chicken but Tennessee, Kansas or any other state. They are rife in boroughs such as Waltham Forest and Haringey. Pawn shops also proliferate.

That is disastrous to the high street. No one says that it is a problem to have one or two bookmakers, but it is a problem to have, as Haringey Green Lanes does, nine in a stretch of no more than 800 metres. Do we need 22 bookmakers from Seven Sisters tube station up Tottenham High road and Fore street and into Enfield? What kind of regulatory environment has led to that? The hon. Gentleman was a Minister in the Department for Culture, Media and Sport with some responsibilities in that area. It is time for his colleagues in DCMS and the Department for Communities and Local Government to come together to establish the right planning and licensing environment to preserve what we understand as a high street. If we just allow mini Las Vegases to develop across London, we will be thumbing our noses at a licensing regime that worked well. All developed countries take the planning and licensing of gambling seriously.

[Greg Mulholland]

I suspect that the right hon. Gentleman would agree with me and the all-party save the pub group. We point out that it is not the rigidity of the planning system but its weaknesses that are causing problems. He and I have both highlighted the ludicrous situation that a viable pub can be turned into a betting shop without the need to go through the planning process, which undermines the whole topic that we are discussing.

[Mr Lammy]

I am grateful to the hon. Gentleman for that contribution. I was moving in that direction, but I saw him in his seat and knew that he would elucidate very well the situation faced by our pubs, particularly on the high street, so I navigated my remarks into his terrain. However, I will leave him to give the peroration that I know he is about to give. He will know that the reason for the proliferation and saturation of bookmakers on our high streets is relaxed planning laws that have allowed them to move into former pubs, banks and estate agents’—frankly, to move anywhere—when they should be in a sui generis class of their own. Any civilised democracy would seek to regulate that area of activity carefully. I am not suggesting that it should be the same as how we might choose to regulate lap dancing clubs, for example, but I think we have wisdom as human beings in taking gambling seriously and requiring a certain kind of regulation for it.

I see that later this week, an Adjournment debate will be held in the House on fixed-odds terminals in betting shops. These new machines, which allow people to lose up to £100 in 20 seconds, are driving the proliferation of betting shops. I am deeply concerned that the Government seem not to want to do anything about them on either the licensing or the planning side. Where will we be in five years’ time? What misery will be wrought on communities? Can it be right for the borough of Haringey to have more bookmakers than bookshops? Is that really the message that we want to send to our young people?

Ministers have said that they want local authorities to use article 4 powers to designate an area to exclude a particular category of activity, such as betting shops. The problem with article 4 is that it does not prevent betting shops from opening in banks or estate agents, and it certainly costs local authorities a hell of a lot of money that they do not have at this time to use the powers. The Government must act, and they must get serious about licensing. A fear is developing across the community that the Government will not act because their receipts from taxation on these activities are such that the Treasury is prepared to turn a blind eye.

We will pick up the tab in disastrous lives if we allow such activities to continue. If we allow chicken shops and takeaways to open up next to schools across the country, the NHS will pick up the tab for the resulting obesity. If we allow betting shops to prey on poor people—the latest evidence suggests that the proliferation is occurring in poor and deprived areas—we will pick up the tab for broken marriages. Wives and daughters in particular feel the pain. We will pick up the tab for the consequences. Because my hon. Friend the Member for Walthamstow (Stella Creasy) does it so successfully, I need not articulate how much damage payday loan shops cause, with the huge interest rates—up to 1,000%—that they are now charging in this deeply recessionary period. If we allow that to continue, I am afraid that the sorts of scene that one can see in parts of downtown America will be visited on this country.

That is why, when we talk about urban planning, it is important that we talk about what is real to people in their lives today and on their high streets. They want a place where they can go have a drink, which is why I absolutely support the activity of the hon. Member for Leeds North West and the work of the Campaign for Real Ale to highlight the loss of pubs throughout this country. People want somewhere to shop. They want independent shops as well as major retailers. Yes, they want to bet on the grand national, but they do not want to be overrun with bookmakers. They certainly do not want to be overrun with fast food shops, given that we know that too many are particularly dangerous for young people.

I hope that the Minister will say something in his response about those issues. It is not the first time that they have been raised in the House; they have been raised time and time again. Co-ordination and consideration is needed between two Departments in order to get a grip on the regulatory environment for planning on our high streets.

[Greg Mulholland (Leeds North West) (LD)]

It is a pleasure to serve under your chairmanship, Mr Dobbin. I am delighted to take part in this important debate. I do so wearing two hats: I am a proud member of the all-party group for small shops, which clearly have a huge interest in this topic, and I am the chair of the all-party save the pub group. I will focus my comments on those interests.

I want to start, however, by telling the Minister and my hon. Friend the Member for Weston-super-Mare (John Penrose), the former Tourism Minister, that I very much welcome the fact that the Government have rightly put a lot of emphasis on the importance of our high streets and town centres as hubs of not only commerce, which they clearly are, but social interaction and cohesion.

My hon. Friend talked about some of the issues that high streets and town centres face with out-of-town shopping centres and online, mobile retailing. I warmly welcome the Government’s work on the Portas review and the town team partners scheme, and I am delighted that Otley, in my constituency, has received a share of the multi-million-pound fund to take forward elements of the scheme’s plans. That is encouraging local people to get on and promote town centres, and those people are often best placed to do that.

I have four town centre high streets in my constituency —in Headingley, Otley, Yeadon and Meanwood. Those areas are all different, but they all rely on a mix of retail, food and entertainment, including pubs. It is important to acknowledge that, although the way people are shopping is changing, retailers are taking up and working with those changes; indeed, they are using them to benefit themselves, their business and therefore their town centre and their community.

It is important that we do not make the mistake of talking about the death of the great British high street. Although some high streets might be changing, some businesses on them are doing extremely well and succeeding. A good example that is some businesses in Otley are providing wonderful local goods, some of which are foodstuffs and some of which are other things. Those goods are made locally and transported short distances. That is the kind of thing people want to buy from an independent retailer and cannot buy in the same way from larger retailers.

At the same time, other businesses are using innovation and coming up with different products, ideas and ways of retailing. Many small independent retailers, unlike some of the large chains that have collapsed, have shown that they can embrace the internet era. They can have a shop front physically showing people their products or services, while having an attractive online offering that allows them to sell to a far greater area.

We must accept that there are challenges, however, and the Government are right to do so. The message that I want to get across to the Minister is that we must not fall into the trap of thinking that the way to deal with some of those challenges is simply to deregulate the planning system and say, “If we allow developers to get on and do whatever they want, that will regenerate the economy.” That is a mistaken view, and I am glad that it is not taken by my hon. Friend, but it is taken by some people. Simply relaxing planning could be disastrous for many town centres. It would be entirely wrong simply to say that people can do what they want, without any interface with local teams, whether town or parish councils or chambers of trade.

I want to put on the record my concern at the suggestion that there should be no need to go through the planning process for change of use from office to retail. If an office is genuinely no longer wanted as an office, and no one wants to take it on as an office, that suggestion would be reasonable, but let us allow local communities to have a say. That is what the Government say that they believe in promoting through the big society, so it simply does not make sense to give blanket powers that could have a detrimental effect on many high streets.

[John Penrose]

I understand the case that my hon. Friend is eloquently making. Does he agree, however, that if local communities have a say, it is important that that say is genuinely representative of what local people think? He, I and many others here could point to local campaigns against this or that development—usually whipped up by people who have something commercial to lose if the new development is installed—that do not represent the views of local people once the development has gone through. In some cases, a vehement campaign is fought against Tesco or whomever it may be, but not one year later, once the local Tesco or whatever it may be has been built, everyone who signed up to the campaign ends up shopping there. It is therefore important to make sure that the democratic voice genuinely represents the actual behaviour of local people, rather than the views of just a few vehement protestors.

[Greg Mulholland]

My hon. Friend makes an interesting point, but the simple point is that people should have a say, and they cannot have a say if it is denied to them by allowing further relaxation of the general permitted development rights. That is why I strongly urge the Minister to make representations that such a suggestion could be very unhelpful. With town centre developments, as opposed to other kinds of development, we have the opportunity to get the view of local retailers, town councils, chambers of commerce and chambers of trade that is not simply about opposing development, but about building a vision for the local area. Those people know best, and we must not deny them the right to express their views.

I want now to turn to pubs. I said that the British high street is changing. For many years, the mainstay of our high street might have been the old-fashioned post office or the butcher. Many of those things are important, and they are surviving and, indeed, thriving, which is to be welcomed. I pay tribute to the work the Government have done with the Post Office network to ensure that the local post office remains a mainstay. However, the mainstay of many high streets can and should be the British pub. The pub has served a purpose in high streets and marketplaces for hundreds of years. As many retail businesses necessarily change around them, many pubs do not need to change; they are still surviving and still thriving. Many of the issues that they face are not about the amount of trade they do. It is important to recognise that other issues affect them, but the problem with the planning system is that it does not do that adequately.

As the Minister knows, I commended the work on the national planning policy framework, which is a huge improvement on what we had before. For the first time, it mentions valuable local services, including pubs, and gives them a value in planning law, which is hugely welcome. However, that does not sit alongside the reality of the use class orders and the general permitted development rights, which remain in place.

I have mentioned the nonsense that a viable, wanted pub can be turned into a betting shop against the wishes of the local community, the town council, the chamber of trade and all the retailers and residents of an area. That can also be the case with a supermarket. That is simply not acceptable. In many areas up and down the country, people find that a local pub that is wanted, used, viable and making money can be sold. Indeed, pubs are being sold in their hundreds behind the backs of local communities by indebted lease pub companies, whose model is now facing the end. Pubs are sold direct to supermarkets, but the community has no say whatever. That simply cannot be acceptable.

The save the pub group warmly welcomed the call by the Department for Communities and Local Government for councils to adopt supplementary planning guidance for pubs and other local services. Of course, some councils have done that, and the Minister has taken a keen and direct interest in some of those cases. Cambridge city council is an excellent example of a proactive council that considers pubs to be important. It has introduced supplementary planning guidance to deal with some of the problems that pubs face. I am extremely disappointed that the British Beer and Pub Association, which unfortunately represents Britain’s large pub companies and brewers rather than fighting for the future of many British pubs, is seeking to overturn that decision by judicial review. Not only is that disgraceful, but it shows the organisation for what it is. I hope that through the work of the save the pub group and the Department for Communities and Local Government we can encourage more councils to introduce such guidance.

The work that the Department for Communities and Local Government is doing does not excuse the fact that it operates a planning system that does not adequately and commonsensically prevent unreasonable moves from one use class order to another. It is still possible to demolish a free-standing pub overnight, even if the pub is wanted and a small business man or woman wants to carry on running it. That is a permitted development right, which is nonsensical. Likewise, a pub can be turned into a supermarket, a betting shop or a solicitors’ office, which are very different uses of the premises. Communities may lose a valuable and wanted pub and have a supermarket imposed on them and on local retailers.

To return to the point made by my hon. Friend the Member for Weston-super-Mare, when communities are genuinely opposed to such a change, they do not even have the opportunity to comment on whether they want a local Tesco to be imposed on them. Such a development might damage the small retailers in a town centre and affect the mix of shops in the area, which is the reason why people come and shop there in the first place. The wrong kind of development can be extremely damaging.

The simple message is that much of what the Government have said and done has been welcome and positive, particularly the work on the Portas pilots. The national planning policy framework was a great piece of work, which has hugely improved the planning framework. Will the Minister tell us why officials and Ministers in the Department for Communities and Local Government still refuse to amend use class orders or look again at the general permitted development rights to clear up the absurd loopholes that are damaging communities and town centres across the country? It would be possible to make simple changes under secondary legislation to give communities a say by requiring any change of use of a valued community facility, such as a local pub, to go through the planning process. Overnight, that would stop such assets being sold behind the backs of communities; it would stop there being 22 betting shops on the street in Tottenham that the right hon. Member for Tottenham (Mr Lammy) mentioned; it would stop Tesco and Sainsbury’s stores being imposed on communities without their having any say whatsoever; and it would stop the nonsense of viable, profitable businesses being closed. The damage that such changes of use do to the local economy is borne out by the fact that twice as much of the money spent in a pub is recycled into the local community as of the money spent in a supermarket.

I finish with a word of warning to the Minister, who is a big friend of pubs, and who is passionate about them and about other small shops, business and services. The Government have announced that they will introduce a statutory code of conduct for the giant leased pub companies to stop them overcharging their lessees year after year—a scandal that has closed and is closing many otherwise viable, wanted businesses. That is good news, but already some of the leased pub companies have threatened to start mass disposals of their pubs. Around the country, pubs are being bought up by small breweries, micro-breweries and local entrepreneurs and by communities, some of whom are using the community right to buy. Unless the DCLG takes responsibility and changes use class orders and general permitted development rights, the leased pub companies will be able to dispose of such pubs for other use, as they have threatened to do, without giving the community a say in the matter. Joined-up thinking is required, and my right hon. Friend the Minister and his colleagues must take that responsibility seriously and deal with the problem. It is a simple matter for them to ensure that, where such pubs are viable and wanted and where a realistic offer is made for them, they are sold as pubs, so that they can continue to be an important part—indeed, the mainstay—of our high streets and our communities up and down the country.