Housing, Communities and Local Government
Heather Wheeler Excerpts(5 years, 6 months ago)
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Tom Pursglove (Corby) (Con)
Lack of knowledge of the armed forces covenant and of joined-up working in some cases is one of the key barriers to veterans getting the help that they need. What more can we do to increase joined-up working and awareness?
Mrs Wheeler
My hon. Friend will have to excuse me for turning my back—there are not too many daggers in it today. We have been asking councils to nominate a senior councillor in every single council to be a veterans’ champion. I will audit that and ensure that it happens. The Veterans Board—the inter-ministerial Government board—meets regularly; in fact, we have our next meeting in only about three weeks’ time.
[Official Report, 8 April 2019, Vol. 658, c. 22.]
Letter of correction from the Under-Secretary of State for Housing, Communities and Local Government, the hon. Member for South Derbyshire (Mrs Wheeler):
An error has been identified in my response to my hon. Friend the Member for Corby (Tom Pursglove).
The correct response should have been:
Mrs Wheeler
My hon. Friend will have to excuse me for turning my back—there are not too many daggers in it today. We have been encouraging councils to nominate a senior councillor in every single council to be an armed forces champion. I will ask local authorities to let us know who has been appointed. The Veterans Board—the inter-ministerial Government board—meets regularly; in fact, we have our next meeting in only about three weeks’ time.
Bird Nesting Sites: Protection
Heather Wheeler Excerpts(5 years, 6 months ago)
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The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
It is also my first time serving with you in the Chair, Ms McDonagh. I congratulate the hon. Member for Hartlepool (Mike Hill) on securing the debate. I am sure it was a bit of a lottery and that probably many people applied for it.
As we have heard, more than 355,000 signatures are on the petition. That shows the strength of feeling about the misuse of anti-bird netting in our country, so I am pleased to see the passion shown in this debate. I am grateful for the contributions made by hon. Members from across the House and representing most parts of the country. The hon. Member for Darlington (Jenny Chapman), who has unfortunately had to leave, highlighted the importance of developers using netting when it is not necessary. My right hon. Friend the Member for East Devon (Sir Hugo Swire) reminded us that netting should only be used outside the nesting and breeding season. My right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan) made such a powerful point about the great interest shown in this issue by the good citizens of the Buckinghamshire area in particular.
I am grateful for this opportunity to set out the Government’s position and the action we are taking, and to respond to the important points made in the debate. This Government share the public’s concern about the misuse of anti-bird netting. That is why we lost no time in taking action. On 8 April, the Secretary of State for Housing, Communities and Local Government set out the Government’s views. In an open letter to major developers, circulated by the Home Builders Federation to all its members, he made it clear that using anti-bird netting to prevent birds from nesting is not acceptable. He called on house builders to act, reminding them of the Natural England guidelines that specify what surveys of the potentially developed land are to be carried out, and how we can prevent or mitigate any danger to wildlife.
It is worth taking a moment to remember why this is so important. Native bird species have been in shocking decline since the 1960s, with 40 million birds vanishing from our skies. Some 56% of bird species in the UK are in decline. Nets stop birds getting through to make their nests. Gaps in the netting can leave birds trapped or young birds unfed.
I am aware that this is a complex issue. Nesting birds present in trees and hedges can cause real delays to construction. Some of the nets are placed with good intentions. In Norfolk recently, a district council draped nets over cliffs so that a sandscaping project could proceed. However, the nets covered more than the spring breeding ground of sand martins than was necessary. In this case, with advice from the RSPB, the upper section of the netting was removed, allowing nesting where there was no risk to the birds during the work.
Kerry McCarthy
A lot of people were very distressed when they saw the pictures of the sand martins that had flown thousands of miles back from their winter migration and could not get back to their nests. I accept that there probably needed to be some work done on coastal erosion, or whatever the reason for the netting was, but there must be an issue of timing with such things. It was done at exactly the wrong time, when those birds were returning to their homes.
Mrs Wheeler
The hon. Lady makes a very good point. That council has learnt its lesson. It should have brought the RSPB in much earlier, but it did rectify the situation. I also watched that footage and it was very distressing.
Netting is permissible if the intention is to protect birds, but I suspect that many of those who signed the petition are concerned that these rules are often carefully misunderstood by some developers. Netting should never be used to hinder the natural cycle of nest building and the nurturing and feeding of young birds. Nets should protect birds not profits.
The law on protecting birds and preventing the disturbance of nests is clear. Under the Wildlife and Countryside Act 1981 and the Animal Welfare Act 2006, prosecutions can be brought if someone causes unnecessary suffering to a bird by an act or failure to act, especially when the person concerned knew or reasonably ought to have known that their action or inaction would cause harm. Breaches can lead to fines or imprisonment. I am happy to acknowledge that some developers get the message. As we have heard, Bellway and Bovis Homes have declared that they are both changing their policies to stop the use of bird netting, and Barratt Homes does not net hedges or trees on any of its 400 or so sites across England, Scotland and Wales. Their actions show that it is possible not to use bird netting when firms plan ahead, so that construction does not clash with the nest-making and chick-rearing season.
As we have just marked Hedgehog Awareness Week, I am particularly aware that there must be wider recognition that we must do all we can to safeguard and enhance our biodiversity for the future. Today, local authorities already have a duty, under our national planning policy framework, to pursue net gains for biodiversity. The Government intend to give local authorities more powers to insist on the protection and enhancement of biodiversity. Our 25-year environment plan is a symbol of that deep commitment and a reflection of our shared desire to leave our environment in a better place than we found it. To answer the question of the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) specifically, our forthcoming Environment Bill will make biodiversity net gain mandatory for development.
Dame Cheryl Gillan
The Minister is doing well in picking up on all the points. If it will be made mandatory for all developers, why do the Government not make it mandatory right now for HS2 to stop its netting?
Mrs Wheeler
Regretfully, we need legislation to do that. When the Bill comes in, that will be the legislative vehicle for it, because whether it is birds or hedgehogs, we are determined that our wildlife does not just survive, but thrives.
Kerry McCarthy
I sit on the Environmental Audit Committee and the Environment, Food and Rural Affairs Committee, which have been conducting pre-legislative scrutiny on the bits of the Environment Bill that have been published. Although I welcome the idea of biodiversity net gain, there is real concern about how it would be enforced. It is not something that we can replace like for like; it would take an awfully long time to replace what was destroyed, and in some cases, it could not be replaced. I urge the Minister to talk to environmentalists, ecologists and other specialists about whether it is feasible to make the proposed swap.
Mrs Wheeler
Again, the hon. Lady makes a perfectly reasonable point. I am sure the people in the Department for Environment, Food and Rural Affairs will have heard it and will pick up on it.
DEFRA’s recent consultation proposed introducing a requirement for new developments to deliver a 10% net gain for biodiversity, onsite or off. It also includes an alternative tariff that developers could pay to offset the costs of providing environmental improvements. I look forward to seeing those proposals considered and debated in due course. I hope the hon. Lady will be involved in that.
Liz Twist
Does the Minister accept that many residents faced with the loss of hedges or the offsite mitigation of environmental benefits are unhappy? They want their local environment to be preserved for birds and other wildlife and for local enjoyment, rather than some money to be paid to address the issue in another place.
Mrs Wheeler
In every planning application, the matter will be dealt with at the local level, so local wishes will be part of the decision-making process.
Helen Goodman
I am sorry to say this to the Minister, but if the legal framework is inadequate, the local planning authority cannot take such matters into account, because it does not have the vires—the powers—to do it. That is why we are looking for legal change in the area.
Mrs Wheeler
Indeed, and as I like to remind hon. Members, that will be debated as part of the Environment Bill when it is introduced. I am sure that all hon. Members present would like to take part in that debate when it happens.
Dame Cheryl Gillan
Can the Minister tell hon. Members present when we can expect the environment Bill?
Mrs Wheeler
In due course.
There is no question of making a choice between homes and nature. We can and must have both, because for us, as well as for animals, the benefits are clear. Our natural environment can have a profound impact on our physical and mental health. We need access to our natural environment; it is part of what makes life on earth worth while.
Ultimately, the responsibility lies with all of us. Our planning system and our planning authorities play an essential role in the mix; mechanisms allow them to say what can and cannot take place on a construction site, as well as when. Planning conditions, including surveys and other pre-construction stages, can be enforced by local authorities. If developers do not comply, a development may become unlawful.
The Government are working tirelessly to set up further protections. Through our revised national planning policy framework, and with help from stakeholders such as the Wildlife Trusts and the Woodland Trust, we are supporting planning tools that protect our natural environment. We have increased the protections for irreplaceable habitats such as ancient woodland and ancient and veteran trees; any loss or harm from development must be “wholly exceptional”. We have also clarified the importance of local wildlife sites in plan making by introducing the need for plan makers to take a proactive approach to rising temperatures and, wherever possible, to help to improve environmental conditions, including water and air quality.
As announced in the housing White Paper in 2017, we have provided £6.9 million over three years to Natural England, which will allow it to roll out a proportionate risk-based approach to protected species licensing nationally—principally, for great crested newts. That will provide greater protection at the same time as speeding up the process and reducing costs. We have also provided £210,000 to the Woodland Trust to support the first update of the ancient woodland inventory maps since the 1980s, to make protection more effective.
Developers must play their part in the wider wildlife agenda. They must provide access to new green space and develop green infrastructure, such as swift bricks, bat bricks and hedgehog highways, because our wildlife and its habitats are interconnected. We would like developers to design in as many nature-friendly stipulations as are reasonable. The Housing Minister saw that done impressively on a visit to Kidbrooke Village last week, where natural corridors and landscapes are a core part of the masterplan behind the regeneration. Let me be clear that gains in biodiversity must be genuine, not just a token gesture by a developer ticking a box by drilling holes for a theoretical hedgehog highway.
We must all play our part. Existing householders, neighbourhood planning bodies and parish and town councils can help to ensure that wildlife-friendly features are built into every garden in every neighbourhood. People can also make their voices heard—for example, the recent public outcry about the netting spread over a hedgerow in Berkshire led to it being removed by the council. Today’s petition is another example of democracy in action and people making their voices heard. Although we reject today’s call for yet more detailed regulation on bird netting—I have described the protections that already exist—I have the deepest respect for the aims of the petitioners, in particular Mrs Moran and her family.
Even as we pursue our campaign to build the homes this country so badly needs, we must do all we can to champion our natural environment. In the words of Gerard Manley Hopkins:
“Long live the weeds and the wilderness yet”.
Local Government and Social Care Funding
Heather Wheeler Excerpts(5 years, 6 months ago)
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Andrew Gwynne
I will give way later on, but I want to make some progress.
The Prime Minister has said that austerity has ended—she said it in her conference speech last October—but instead of an end to austerity, in January we saw a local government finance settlement that once again cut even deeper into council budgets.
Andrew Gwynne
The Minister says it went up, but actually it confirmed what many of us feared, because under this Government there will never be an end to the pain of austerity. Nothing has changed. Let’s bust this myth. This year’s funding package, while it offered an increase in spending power next year for local government, came with a £1.3 billion extra cut from central Government funding to the revenue support grant. An uplift in spending power has been paid for by local people through increased council tax. That is not fiscal devolution; it is another attempt by this Government to shift the burden on to local taxpayers and to devolve the blame for these decisions to councillors of all political persuasions, including Conservative councillors.
Areas such as the one I represent cannot bring in anything like the resources they need to meet the growing demand for social care and our neighbourhood services through local council tax increases alone. This has left areas with the greatest need unable to mitigate the cuts imposed by the Government and residents paying more in council tax for services to be stripped back even further.
Housing, Communities and Local Government
Heather Wheeler Excerpts(5 years, 7 months ago)
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Bob Blackman (Harrow East) (Con)
Mrs Wheeler
I thank my hon. Friend for that question. The Housing First pilots are in the Greater Manchester, Greater Birmingham and Greater Liverpool areas, and £38 million has been put aside to assist with them. The Mayor of the Greater Birmingham area, Andy Street, phones me regularly to tell me about the progress on the Housing First pilots in the west midlands. The pilot in Liverpool is going quite well too but, sadly, the one in Manchester is not going as well, but I like a bit of competition between the three Mayors and I am sure they will all step up.
[Official Report, 8 April 2019, Vol. 658, c. 12.]
Letter of correction from the Under-Secretary of State for Housing, Communities and Local Government (Mrs Wheeler):
An error has been identified in the response I gave to my hon. Friend the Member for Harrow East (Bob Blackman).
The correct response should have been:
Mrs Wheeler
I thank my hon. Friend for that question. The Housing First pilots are in the Greater Manchester, Greater Birmingham and Greater Liverpool areas, and £28 million has been put aside to assist with them.
Letter of correction from the Under-Secretary of State for Housing, Communities and Local Government:
A further error has been identified in the answer I gave to my hon. Friend the Member for Harrow East.
The correct response should have been:
Mrs Wheeler
I thank my hon. Friend for that question. The Housing First pilots are in the Greater Manchester, Greater Birmingham and Greater Liverpool areas, and £28 million has been put aside to assist with them. The Mayor of the Greater Birmingham area, Andy Street, phones me regularly to tell me about the progress on the Housing First pilots in the west midlands. The pilot in Manchester is going quite well too but, sadly, the one in Liverpool is not going as well, but I like a bit of competition between the three Mayors and I am sure they will all step up.
Housing, Communities and Local Government
Heather Wheeler Excerpts(5 years, 7 months ago)
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Mrs Wheeler
I thank my hon. Friend for that question. The Housing First pilots are in the Greater Manchester, Greater Birmingham and Greater Liverpool areas, and £38 million has been put aside to assist with them. The Mayor of the Greater Birmingham area, Andy Street, phones me regularly to tell me about the progress on the Housing First pilots in the west midlands. The pilot in Liverpool is going quite well too but, sadly, the one in Manchester is not going as well, but I like a bit of competition between the three Mayors and I am sure they will all step up.
[Official Report, 8 April 2019, Vol. 658, c. 12.]
Letter of correction from the Under-Secretary of State for Housing, Communities and Local Government (Mrs Wheeler):
An error has been identified in the response I gave to my hon. Friend the Member for Harrow East (Bob Blackman).
The correct response should have been:
Mrs Wheeler
I thank my hon. Friend for that question. The Housing First pilots are in the Greater Manchester, Greater Birmingham and Greater Liverpool areas, and £28 million has been put aside to assist with them.
Housing
Heather Wheeler Excerpts(5 years, 7 months ago)
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The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
This has been a really excellent debate. I have this wonderful speech here, which is obviously way too long, so we are not going to worry about that. The contributions made by so many people in the House make it clear why housing is the No. 1 domestic priority for the Government. We all want Brexit done, so please vote for the deal, and then we can get on with dealing with this stuff.
The important thing to me is talking about community land trusts, as my hon. Friend the Member for Truro and Falmouth (Sarah Newton) did, and sorting out what we are going to do in the private rented sector, with the changes to electrical standards and carbon monoxide—
Mrs Wheeler
That is why it is important that it is coming through. The important thing here is that the guidance is coming through now, and there has been great respect for that, which I am very pleased about.
I am appalled at the way in which issues are turned into political footballs. There is no stronger Department in trying to deal with such issues one by one, in a logical way, so that nobody ends up sleeping rough or dying on our streets. The important thing is that the Government totally get this. We are spending an awful lot of money to change things around, because that is what is important. People out there realise that changes are being made in the private rented sector, changes are being made for tenants, and changes are being made to professionalise the professional services—the letting agents and managing agents. Leasehold changes are on the way. There are all sorts of things in our country that are wrong; they need to change, and it is this Government who are going to change them.
I am delighted that our ministerial team is on the case, looking at how many houses we need to build in the year; looking at giving councils the freedoms to build more council houses; encouraging social housing to grow; encouraging first-time buyers; encouraging veterans to get on the housing ladder once they leave the armed forces; making sure that veterans are not sleeping rough and that they get the help they need; and looking after people in Scotland, where there are innovative ideas—I looked at rough sleeping issues and Housing First in Glasgow. All these ideas are very important to the Government; no one should be left under any illusion about the fact that only the Government are making the changes that will get these things right.
People’s lives are at risk. People’s happiness is at risk. We want to make sure that fairness is sorted out for the future. I pay huge tribute to the teams of civil servants that are going round the country making sure that people get the help they need. In Medway and Cornwall, there has been a 40% reduction in rough sleepers. These are huge changes, and I am very proud of what the Government are doing.
Oral Answers to Questions
Heather Wheeler Excerpts(5 years, 7 months ago)
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Mrs Emma Lewell-Buck (South Shields) (Lab)
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
Every death of someone who is homeless is one too many, and we have a moral duty to act. We are committed to ending rough sleeping for good and aim to halve it by 2022. Our strategy, which commits us to £100 million to tackle rough sleeping, is funding more than 1,750 bed spaces and 500 new staff through the rough sleeping initiative.
Mrs Lewell-Buck
I thank the Minister for that response. An estimated 120 homeless people in the north-east have died since 2013—a staggering increase of 71%. Those 120 lives mattered and they deserve some recognition. The Government have said that local authorities need to investigate fully the circumstances of such deaths, yet have failed to provide any funding or support to ensure that those investigations happen. Is that because people dying on our streets are not really a priority for this Government?
Mrs Wheeler
Obviously, the figures that the hon. Lady reads out are desperate and sad news. We are working with the Department of Health and Social Care to ensure that when a homeless person dies, a safeguarding adult review takes place, where appropriate. The safeguarding adult review process was set up not to review every death of an adult considered to require safeguarding but as a process for learning lessons where the safeguarding adults board is of the view that local partners could have done more to prevent a death resulting from abuse or neglect.
Bob Blackman (Harrow East) (Con)
Mrs Wheeler
I thank my hon. Friend for that question. The Housing First pilots are in the Greater Manchester, Greater Birmingham and Greater Liverpool areas, and £38 million has been put aside to assist with them. The Mayor of the Greater Birmingham area, Andy Street, phones me regularly to tell me about the progress on the Housing First pilots in the west midlands. The pilot in Liverpool is going quite well too but, sadly, the one in Manchester is not going as well, but I like a bit of competition between the three Mayors and I am sure they will all step up.[Official Report, 9 April 2019, Vol. 658, c. 2MC.] [Official Report, 11 April 2019, Vol. 658, c. 6MC.]
Diana Johnson (Kingston upon Hull North) (Lab)
The Hull Daily Mail reported that in Hull alone 35 homeless people died between 2013 and 2017, part of the 24% increase in rough sleeping deaths across England and Wales in five years. That has happened on the Government’s watch. Why does the Minister think that has happened?
Mrs Wheeler
Again, I say that anyone dying is a tragedy. For the hon. Lady to give those numbers is a salutary lesson on how councils need to work very hard. The rough sleeping and homelessness reduction taskforce is driving forward the implementation of our cross-government strategy to achieve our commitment to halve rough sleeping by 2022 and to end it altogether. The latest figures, in 2018, show that the number of people sleeping rough on our streets has fallen for the first time in several years, and that the number sleeping rough in our specialist areas has reduced by 19%.
Sarah Newton (Truro and Falmouth) (Con)
No one wants to see people sleeping rough on our streets. Will my hon. Friend join me in congratulating the huge teamwork going on in Cornwall across the public and private sectors? That has seen a reduction in rough sleepers by over 40% in the last year.
Mrs Wheeler
My hon. Friend is a true champion for her area. The statistics in Cornwall show how this matter can be dealt with successfully when partners come together—a reduction of 40% in rough sleeping in one year alone is a true testament to the reason why we need to tackle this. We will not let it rest.
Jo Platt (Leigh) (Lab/Co-op)
Andrew Rosindell (Romford) (Con)
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
This Government are committed to ensuring that armed services personnel do not become homeless or end up rough sleeping. We have recently allocated an additional £1 million to support ex-members of the armed forces who are, or are at risk of becoming, homeless. That additional funding goes hand in hand with the £1.2 billion that has been set aside to tackle all forms of homelessness.
Andrew Rosindell
The Minister will be aware that too many of our brave veterans, who have served this country, have been failed in post-service life. What discussions has the Department had with the Ministry of Defence, so that clear pathways are set out to prevent homelessness in the first place? Will she give a cast-iron guarantee that the military covenant will be upheld?
Mrs Wheeler
My hon. Friend is quite right. A joined-up response is essential to ensuring that veterans can access the prevention and relief services available to them. I am pleased to say that the Homelessness Reduction Act 2017, which was introduced by our hon. Friend the Member for Harrow East (Bob Blackman), places a statutory duty on the Secretary of State for Defence to refer members of the armed forces to local authority services for tailored support, including a personalised housing plan, to prevent them from becoming homeless. Where veterans are homeless and vulnerable as a result of having served in the armed forces, local authorities have a duty to house them. I sit on the Veterans Board, and it is my pleasure to do so.
Gareth Thomas (Harrow West) (Lab/Co-op)
In the United States, many former armed services personnel are housed in dedicated veterans communities run as housing co-operatives, giving them control over the cost of the housing provided to them and enabling them to live their lives in the way they want to. Will the Minister undertake to look at the potential for using housing co-operatives to house armed forces personnel here in the UK?
Mrs Wheeler
I thank the hon. Gentleman for that innovative idea. We have already agreed some money for ports down on the south coast, where there is a predominance of naval people, who have come together to build a number of units as one group. I think this idea has legs—if not sea legs, then Army legs.
Rosie Duffield (Canterbury) (Lab)
Melanie Onn (Great Grimsby) (Lab)
Online agent Rightmove continues to allow discrimination against low earners, single parents and the disabled by declaring “No DSS” on its portals. Will the Minister please take action to end this potentially unlawful practice?
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
First, I thank the hon. Lady for all the hard work she put in when she was on the Opposition Front Bench and for the principled stand she has taken. It has been a pleasure working with her. Secondly, we have declared that we want all sites to take off “No DSS”-type adverts. I have been very encouraged by what has happened with Zoopla and National Westminster bank. This work is ongoing, but I would be delighted to meet the hon. Lady to see what we can do to spread it further.
Rebecca Pow (Taunton Deane) (Con)
Tom Pursglove (Corby) (Con)
Lack of knowledge of the armed forces covenant and of joined-up working in some cases is one of the key barriers to veterans getting the help that they need. What more can we do to increase joined-up working and awareness?
Mrs Wheeler
My hon. Friend will have to excuse me for turning my back—there are not too many daggers in it today. We have been asking councils to nominate a senior councillor in every single council to be a veterans’ champion. I will audit that and ensure that it happens. The Veterans Board—the inter-ministerial Government board—meets regularly; in fact, we have our next meeting in only about three weeks’ time.[Official Report, 14 May 2019, Vol. 660, c. 2MC.]
Justin Madders (Ellesmere Port and Neston) (Lab)
Do the Government consider it fair and reasonable for devolved local authority areas to charge people living outside those areas more for exactly the same services?
Oral Answers to Questions
Heather Wheeler Excerpts(5 years, 8 months ago)
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John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
I thank my hon. Friend for his interesting question. Preventing and reducing homelessness and rough sleeping are key priorities for this Government. We have implemented the Homelessness Reduction Act 2017 and allocated more than £1.2 billion in funding through to 2020. Through the rapid rehousing pathway early adopters, we will enable more than 80 navigators to work with up to 1,600 rough sleepers.
John Lamont
Scots account for 12% of the homeless population in London. Borderline is the only charity that provides support to Scots in London, yet, astonishingly, the Scottish Government stopped its funding last year. Will the Minister join me in congratulating Borderline on the work that it has done and continues to do? What more can this Government do to support homeless Scots in London?
Mrs Wheeler
I thank my hon. Friend for his tenacious work in looking after Scots wherever they might be, north or south. The withdrawal of that funding is, sadly, a matter for the Scottish Government, but we have allocated more than £220 million of funding to London, largely through the flexible homelessness support grant and the Move On fund. Our expert advisers are supporting local authorities to tailor their services according to local need, particularly for our Scottish friends.
Ruth Cadbury (Brentford and Isleworth) (Lab)
The number of homeless households seeking help in Hounslow—including some from Scotland—has doubled in the past 10 months. Hounslow has an admirable record, including a five-year programme of delivering 3,000 new social rent homes, yet it is losing council stock faster through the right to buy. Will the Government recognise that they have to take responsibility for delivering adequate numbers of social rent housing in order to deal with the homelessness crisis?
Mrs Wheeler
The hon. Lady is quite right to say that ensuring that we have enough affordable homes in London and elsewhere is a high priority for this Government, which is why we changed the rules on housing revenue account funding, and I look forward to the authority building even more houses than it has already.
Thelma Walker (Colne Valley) (Lab)
Greg Hands (Chelsea and Fulham) (Con)
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
I thank my right hon. Friend for that question; he has been fighting for this cause through high seas and low seas, and I congratulate him on all his work. Houseboat owners are protected under the Consumer Rights Act 2015 and the Protection from Eviction Act 1977. The consumer rights Green Paper published by the Government last year set out principles to further improve the rights of all consumers, including houseboat owners, and the Government’s response will be published this year.
Julie Cooper (Burnley) (Lab)
Residents of Leisure Park Homes
Heather Wheeler Excerpts(5 years, 8 months ago)
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This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
It is an absolute pleasure to serve under your chairmanship, Mr Austin. I congratulate my hon. Friend the Member for Faversham and Mid Kent (Helen Whately) on securing this important debate and on her tireless work on rights and protections for holiday caravan owners. Fifteen other Members have made estimable contributions, and I commend them all; they really know their stuff, and it has been a great debate.
Last year, my hon. Friend brought to my attention her concerns about some terrible issues facing holiday caravan owners on a mixed-use caravan site in her constituency. Since then, she and I have had fruitful discussions to better understand the issues. Some of those issues fall within the Department for Business, Energy and Industrial Strategy; I extend my thanks to the Minister for small business, consumers and corporate responsibility—the Under-Secretary of State, my hon. Friend the Member for Rochester and Strood (Kelly Tolhurst)—for her interest in the matter. We have already had discussions and agreed several actions for both our Departments, and we hope to update my hon. Friend the Member for Faversham and Mid Kent on them over the coming weeks.
Several important issues have been raised today about the rights of holiday caravan owners and the challenges that they face. The Government have already introduced significant protections for holiday caravan owners. Planning permission may be granted for part of a site to be used for holiday purposes and other parts for residential purposes; I understand that my hon. Friend’s concerns relate to such mixed-use sites. Sadly, our discussion will not include the information that Sonia McColl was after, because we are talking about holiday sites.
Those who live permanently on the residential part of a mixed-use site are protected under the Mobile Homes Act 1983, but as we have heard, that protection does not extend to holiday caravan owners on the site. The local authority will also issue a site licence once planning permission has been granted, but before I talk about site licensing, let me address my hon. Friend’s queries about the rights of holiday caravan owners.
As my hon. Friend highlighted, some holiday caravan owners end up living permanently on their holiday sites, for complex reasons. Some consumers see holiday caravans as a cheaper option—my hon. Friend the Member for Chichester (Gillian Keegan) mentioned the disgraceful situation facing first-time buyers—and may buy them without seeking legal advice, which obviously should not happen. Some holiday caravan owners can end up living permanently on the holiday site because they have been mis-sold their holiday caravan by a rogue site owner who has presented it as being suitable for residential use. That can put them under huge financial pressure, so I understand the suggestion to tackle the problem by extending the protections of the 1983 Act.
The mobile homes legislation, which sets out the contractual relationship between a site owner and a resident, applies only to those on sites with planning permission for residential use. Applying it to all holiday caravan owners would mean such accommodation no longer being available in the tourism sector. As we have heard from my hon. Friends the Members for Boston and Skegness (Matt Warman) and for Wells (James Heappey), and from my right hon. Friend the Member for New Forest West (Sir Desmond Swayne), it is important that we protect the holiday sector and the many benefits that it provides.
The Government have already introduced significant protections for holiday caravan owners under consumer legislation. What is required is to ensure that prospective purchasers of holiday caravans are aware of the rights and responsibilities available to them under consumer law. The rules, which are designed to protect individual buyers from unfair commercial practices, are set out in the Consumer Protection from Unfair Trading Regulations 2008. Breaches of those rules are a criminal offence. In 2014, they were supplemented to provide a private right of redress for consumers who have fallen victim to misleading commercial practices such as presenting a holiday caravan as a permanent residence, hiding information, or providing information in an unclear, ambiguous or untimely way.
Jim Shannon
Sometimes purchasers do not know that their property will depreciate massively within a year or two. They need to be told that at an early stage.
Mrs Wheeler
As ever, the hon. Gentleman brings luminosity to the problem.
As my hon. Friend the Member for Faversham and Mid Kent knows, enforcement of the legislation is the responsibility of the local authority trading standards service. There are already strong penalties for mis-selling by providing misleading advice or omitting material information: it is a criminal offence punishable by a fine on summary conviction, up to the statutory maximum, or up to two years’ imprisonment, as my hon. Friends the Members for Waveney (Peter Aldous) and for Wells mentioned.
Helen Whately
I am very aware of the mis-selling legislation, but I am sure that the Minister is aware that some residents are truly fearful of going down that route, because they think that they are so vulnerable that they may lose their homes.
Mrs Wheeler
My hon. Friend makes a very good point. Towards the end of my brief speech, I will answer her as best I can.
Another measure that I know is of interest to hon. Members is the fit and proper person test. We have also heard of cases of harassment and intimidation of holiday caravan owners; harassment is a criminal and civil offence, so I advise anyone being harassed to immediately contact the police.
Let me expand on the caravan site licensing requirements that I mentioned earlier in relation to the fit and proper person test. Under the Caravan Sites and Control of Development Act 1960, all caravan sites in England, except those exempted, are required to have a site licence in addition to planning permission. The purpose of licensing is to ensure that sites are safe for residents and other users.
The Mobile Homes Act 2013 amended the 1960 Act to introduce a new local authority site licensing regime, which applies to all “relevant protected sites”, including sites with planning permission for residential use only, as well as mixed-use sites with planning permission for both holiday and residential use. Local authorities’ powers include the ability to issue compliance notices if a site owner breaches their site licence conditions. If an owner fails to comply with a notice, the local authority can prosecute them; if convicted, they face an unlimited fine. The 2013 Act also made provision to introduce a fit and proper person test for site owners and managers of all relevant protected sites, including mixed sites. I know that Members will be pleased to learn that we will publish a technical consultation in the summer and legislate to introduce the scheme when parliamentary time allows.
The issues that we have discussed today are very complex, but I reassure hon. Members that the Government are committed to improving the sector. We have already introduced important legislation to strengthen the rights of consumers, but we know that there is more work to be done. I will continue to work with the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Rochester and Strood, to consider what other measures can be taken on consumer protection, to raise consumers’ awareness of their rights when purchasing holiday caravans and traders’ awareness of their legal obligations.
I will arrange a further meeting with my hon. Friend the Member for Faversham and Mid Kent to update her on the actions that I have set out to undertake. Once again, I congratulate her on securing this debate on such a hugely important matter. It is a pleasure to be in Westminster Hall again.
Adriatic Land 5 Ltd (Stevenage)
Heather Wheeler Excerpts(5 years, 8 months ago)
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The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
It is a pleasure to serve under your chairmanship, Mr Bailey. I thank the hon. Member for Croydon Central (Sarah Jones) for being here; I did not realise this was a walk-on part—that does not need to go in Hansard. I congratulate my hon. Friend the Member for Stevenage (Stephen McPartland) on securing this important debate on issues concerning leaseholders, and particularly the problem in Stevenage.
The Government are committed to improving consumer choice and fairness for the increasing number of leaseholders. That includes our work to make it easier and cheaper for leaseholders to enfranchise, the support we are providing for those with onerous ground rent terms, and our aim to make service charges more transparent for all. That work should act as a guard against the practices that form the subject of this debate, namely, where freeholds are sold on to a third-party investor without the leaseholder’s knowledge.
I am aware that many hon. Members have heard from their constituents on this matter, as have I and my Department, and the Housing, Communities and Local Government Committee also received evidence on it, so I recognise the importance of the debate. It is clear that we need to act to address the issues; I will use this time to set out the work that is under way to drive these unfair practices out of the leasehold sector.
The problem here is the excessive ground rent that leaseholders are being asked to pay. My hon. Friend the Member for Stevenage has rightly highlighted many issues that are faced particularly by those in shared ownership properties, but I know that the issue of onerous ground rents affects many other leaseholders. As he says, leases with onerous ground rent terms can make it difficult for the leaseholder to sell their property or re-mortgage. In this instance, as I understand it, the ground rent is £300 a year and doubles every 15 years. We have heard from the Housing Committee that many regard this as onerous, and it could also make the property hard to sell, exactly as he mentioned. People can therefore feel trapped in these arrangements.
It is the Government’s view that, in most cases, any lease with doubling ground rents will be significantly worse than an inflation-based arrangement. A rise in line with inflation maintains the value of the ground rent over time, whereas a doubling term every 10 or 15 years can significantly increase the value—too much—over time. The Secretary of State met freeholders last year and made that clear. There should be no reason why any clause that doubles ground rent every 10 or 15 years should be enforced. I welcome the proposals from some developers and freeholders to vary clauses so leaseholders pay less ground rent.
We have been clear that variations must have consumers’ best interests at heart. We will not look kindly on those who reduce the cost of ground rents with one hand and rip off leaseholders with the other, whether through permission fees or anything else. We need a proportionate response. I want industry to take the lead and make the changes voluntarily. It is not right that hon. Members should have to highlight the sort of issues that have been raised here today.
I want to see support extended to all leaseholders with onerous ground rents, including second-hand buyers, and for customers to be proactively contacted. We will continue to work with the industry on a way forward to help existing leaseholders with onerous leases. I want to stress that leaseholders should seek impartial legal advice about potentially onerous ground rents contained in their leases. Free advice is also available from the Government’s Leasehold Advisory Service—LEASE. Leaseholders and prospective leaseholders can get advice on all aspects of leasehold properties, including ground rents, service charges and the enfranchisement process, so I urge them to take advantage of that free service. We have recently appointed a new interim chair to that organisation, and I am confident that the standard of advice that leaseholders receive will be further strengthened. Furthermore, if the leaseholder’s solicitor or conveyancer did not point out the onerous terms at the point of purchase, the leaseholder can make a complaint against them, which can be escalated to the legal ombudsman. I suggest that my hon. Friend takes that point back to his constituents.
I have also heard from leaseholders who have seen a sharp increase in the level of their service charges, often with poor value for money. Many leaseholders are unclear about their service charges, how they were calculated, and whether they are paying too much. I believe very strongly that service charges should be transparent and communicated effectively, and that there should be a clear route to challenge or redress if things go wrong. With that in mind, the Government asked Lord Best’s working group to look at service charges and consider how they should be presented for both existing and prospective consumers. I have also asked the working group to look into fees and charges that go beyond service charges, and consider the circumstances under which they are justified and whether they should be capped or banned. That includes administration charges and permission fees. I am absolutely clear that we must see an end to leaseholders being charged excessive and unfair fees. I am following the working group’s progress with keen interest. I look forward to receiving Lord Best’s report in July, and I will be meeting him shortly.
I hope that my remarks demonstrate the Government’s strong commitment to supporting existing and future leaseholders. Although this debate has been on a specific practice in the leasehold sector, it is clearly a wide-ranging area that is in need of reform. The Government will introduce measures to deliver that reform. The work that is under way makes that commitment clear. Although successive Governments have left that work unfinished, we are just getting started. Nothing, including legislation, is off the table. In that spirit, I thank my hon. Friend for his speech and questions, and I look forward to pushing ahead with our programme of leasehold reform.
Question put and agreed to.