National Planning Policy Framework

Debate between Hilary Benn and James Clappison

Thursday 20th October 2011 Commons Chamber

[Hilary Benn]

I have given way to the hon. Gentleman before, and I want to make some progress.

I cannot understand why the Government wish to get rid of the “brownfield first” policy. It is simply wrong to let undeveloped land, including greenfield sites, be used while old buildings and previously developed land in our towns and cities are available. I hope the Government will reinstate that policy.

Another reason why the removal of this policy has caused so much concern is the worry that green belt and other green land will be put under greater pressure as a result. The Minister has denied that, but that confidence is not shared by others. Existing planning policy—planning policy statement 4—states that:

“Local planning authorities should ensure that the countryside is protected for the sake of its intrinsic character and beauty”.

There is also a presumption against inappropriate development in the green belt. I hope that both those points will be fully reflected in the revised draft. That would, after all, be consistent with what the Minister said today about the Government’s natural environment White Paper and the value of nature.

I ask the Minister to address the following questions. Has he seen the CPRE’s legal opinion, which argues that the new formulation of words may weaken green belt protection? I accept that the legal argument is quite technical, but it makes the point about uncertainty and it deserves an answer.

[Mr James Clappison (Hertsmere) (Con)]

Will the right hon. Gentleman give way?

[Hilary Benn]

No, I am going to draw my remarks to a close, as many Members wish to contribute to the debate.

Has the Minister seen the legal advice of the Royal Society for the Protection of Birds that the draft NPPF would weaken protection for sites of special scientific interest? Will he therefore consider including SSSIs in the protection provided by paragraph 16 of the framework?

In respect of development, where would the Government’s alternative to the “brownfield first” policy leave agricultural land where someone seeks to argue that it has low environmental value? We need an answer to that. I also hope the Government will reinstate the “town centre first” policy, as removing office development from the sequential test is the wrong approach.

The framework must support affordable housing. As currently drafted, it implies that affordable housing can be traded off to make a scheme more viable. What is an “acceptable return” for landowners and developers? That is not defined, so who will make that judgment?

Turning to the important question of how this will all be implemented, because of the speed with which the Government want to introduce their new policy, there is a risk that local councils’ own development frameworks will not be ready in time. They might therefore be considered out of date or unclear, and people worry that communities might be left with little protection from developers because of the proposed presumption in favour of sustainable development. That is because paragraph 14 instructs councils to:

“Grant permission where the plan is absent, silent, indeterminate or where relevant policies are out of date.”

Only about half of councils have already drawn up local plans. What assessment has the Minister made of how long it will take all councils to get their plans in place, especially given the cuts in the number of council planning staff? In essence, the worry is that in the absence of proper transitional arrangements, a Bill that everyone has been told will put them in charge of decisions about development may leave them powerless in the face of developers because of the sustainable development presumption. I welcome what the Minister has said today, but he will have to do something about the implementation timetable.

Other issues will also have to be addressed. How will “silent”, “indeterminate” and “out of date” be determined? Will that ultimately be up to the courts? How will the duty to co-operate work in practice? One of the weaknesses in the NPPF is that no one knows what that means, apart from there being a duty to talk. This is important, of course, because planning issues to do with transport and other infrastructure extend beyond the boundaries of a single local authority. We also note that one part of England will retain a regional plan: London.

Why does the NPPF say that supplementary planning guidance cannot add to the cost of development? Where does that leave design standards, for instance? The Minister has spoken eloquently about the importance of good design, and I agree with him. Where does that leave policies for conservation areas, too, especially as they could not be said

“to bring forward sustainable development at an accelerated rate,”

which is the circumstance under which such costs are allowed? We need some clarity on this issue.

We do not want to end up with the planning system becoming increasingly combative, rather than consensual, and with applications being decided by the courts—although the courts can already take account of the draft NPPF because it can be seen as a material consideration. We are currently awaiting the Select Committee reports, but will the Minister say whether he intends there to be a further period of consultation after publishing a revised draft? That would be very welcome and would offer reassurance. Does he also intend to enable Parliament to vote on these proposals, as it should? We are changing 60 years of planning policy—we are changing the post-war planning settlement—in a way that many have concerns about, and the Government should not fear a vote in the House.

Ultimately, planning should be about helping us to find the right balance for the places in which we live and the landscapes upon which we walk. We support a streamlined and effective planning system, but it needs to make all of us feel that we can shape those places and care for that landscape. We need to feel it takes account of our need for homes, jobs and businesses to be backed, and for a countryside that we can all cherish.

Ultimately, when we leave to one side all of the words, paragraphs, material considerations and statutory obligations, the aim is to find that balance. I hope Ministers will listen to the debate that is raging on these proposals—we need only look at the number of Members wishing to speak today—because a profound change is worth making only if it makes for a better system and a better land.