Growth and Infrastructure Bill

James Gray Excerpts

Monday 17th December 2012 Commons Chamber

[Roberta Blackman-Woods]

The Minister will know that some time was spent in Committee debating the true purpose of clause 1 and its inherent anti-localist, centralising agenda. We sought to test whether the Government had intended to produce a clause that would enable major planning discussions and decisions in designated authorities to be taken by the Secretary of State—usually by the Planning Inspectorate on his behalf—thus significantly reducing the influence that local people have on planning decisions affecting their area. Astonishingly, that did seem to be their intention. Their love affair with localism seems to have been short-lived.

A second major issue in Committee was the nature of the designation itself, whether the criteria to be used were fair and whether the Government should be going down the route of designation at all. If their purpose is really to improve decision making in local authorities, that does not appear to be the appropriate or sensible route.

We were somewhat hampered by the fact that the consultation document relating to the designation of failing planning authorities appeared only a very short time—in fact, less than an hour—before the Committee commenced discussion of clause 1. Since then, we have had the opportunity to consider the document in more detail. Unfortunately, the consultation document does not make happy reading, and I feel that I need to urge local authorities and others to respond to it by 17 January.

An authority’s track record of speed is to be measured over a two-year period, based on the percentage of major applications determined within statutory limits, and quality is to be measured by the percentage of decisions on major applications that are overturned on appeal. Both criteria have their problems, but overall the approach seems to use a sledgehammer to crack a nut. As we know, application of the first will draw in only a handful of authorities—even then, we are not sure how many—and the second none at all.

The Minister knows there is no evidence base for the measures in the clause, and they could put additional pressures on local authorities to agree to applications that, on balance, they might have refused. We know that is the case because of what happened in Committee. The Minister was given alternative criteria for designation that were much more in line with the localist agenda, such as being designated for failure to make decisions in line with the local plan. Unsurprisingly, he refused to accept the amendment.

As we heard in Committee, however, it is much worse than that. The Government are consulting on criteria, but the clause allows the Secretary of State to alter them, seemingly on a whim. The Minister was vague in Committee on whether changes would occur only after a period of consultation, and I hope he will be able to give us more clarification today. The power-grabbing tendencies of the Secretary of State, as endorsed by the clause, were also a continual theme of our deliberations. At no stage have improvements been made, despite the Minister being given numerous opportunities to do so through our amendments, and that should be regretted.

I ask the House to excuse me, as I have a terrible cold.

[Mr James Gray (North Wiltshire) (Con)]

I am sorry to interrupt the hon. Lady’s flow to pick her up on a minute, but nevertheless important, point for those of us who love the English language. She will no doubt respond that this is purely a drafting error, but new clause 5 states:

“The purpose of the planning system is to positively promote the long term”.

In other words, there is a split infinitive written into her new clause. Does she approve of that, or would she like to change it on reflection?

[Roberta Blackman-Woods]

I am grateful to the hon. Gentleman for his intervention, not least because he has enabled me to have a coughing fit. I hope he agrees that the matters before us are much more serious than a split infinitive.

--- Later in debate ---

[Nick Herbert]

The hon. Gentleman certainly raises a related issue. It is essentially part of the same principle, which is whether the development that takes place is or is not sustainable. There is obviously a great deal of concern about building on floodplains as well. Even where building takes place and it is not on a floodplain, it is essential to ensure that there is sufficient local infrastructure to support that development. It is not just a question of adequate local drainage, as it is also a question of ensuring that there are sufficient local school places and that the road network is sufficient to support the additional population. In villages throughout my constituency, we have found that that infrastructure has not been provided despite the additional development, and it is feared that further development would exacerbate the problems.

[Mr Gray]

Is my hon. Friend aware of the Ridgeway Farm development in Purton, in my constituency, where it was agreed this week that 700 houses would be built in an area where there are no schools, where the roads are tiny country lanes and there is no access, where the hospital is jam-full, and where the local villages have been flooded in the last couple of weeks? It is an entirely unsustainable development, but the inspector in Bristol has allowed it to proceed.

[Nick Herbert]

My hon. Friend has given a very good example of the local concern that is generated when there is inadequate infrastructure to support development.

Where is the mechanism requiring planning authorities to ensure that the necessary local infrastructure is in place when development is permitted? I repeat that the purpose of the new clause is not to prevent necessary housing from being built, but to ensure that it is built at sustainable levels and in the right places. We have to ask why, if the mechanism is adequate now, the circumstances that I have described have already arisen. There is clear evidence that the existing mechanisms are inadequate.

We are moving from a system whereby the gain from development was captured under section 106 agreements to a system involving a community infrastructure levy which, I understand, is intended to ensure that investment can be made in local infrastructure. My constituents will want to hear from the Government how that new system will work, and to be assured that when new housing is proposed under the development plans that local authorities are now undertaking, there will be a mechanism to ensure that the necessary infrastructure is provided along with it.