Planning (Enforcement) Bill

James Sunderland Excerpts

Friday 19th November 2021 Commons Chamber

[Dr Spencer]

It is shameful. They build temporary homes with no thought to infrastructure, sewage, water or the impact on local services, all without permission. They destroy green fields and forest to make a quick buck. That in itself is enough to infuriate anyone, particularly my residents who live next to a rogue development, but there is something even worse—even more toxic and offensive—than the rogue development itself.

One of the things that I believe unites us all is the British sense of fairness and fair play. As the MP for Magna Carta, the importance of due process, proper legal strictures and the right of appeal weighs heavily on me and is always at the forefront of my mind. Sometimes people make innocent mistakes, and our planning enforcement system needs to be fair, but rogue developers prey on that system. They use it to their advantage. They profit from fairness by abusing the system—by appealing, delaying, changing, amending, adapting. What was a farm becomes a spray shop, becomes a junkyard, becomes a dwelling, becomes a block of flats. By redeveloping, appealing, delaying, building, ignoring, they can continue to profit from rogue development with impunity, making vast amounts of money. And the local authority is helpless, trapped in our cumbersome enforcement and appeal system. This must stop.

When I first became an MP and my constituents brought the horror of rogue development to my attention, I spoke to many people about how we could solve it, and I was often told, “Stay out of it. It’s too difficult, Ben. It can’t be solved.” Such are the challenges of enforcement that in a particularly egregious case, one of my local councils, Runnymede, has had to use extraordinary methods—a proceeds of crime order—to try to stop this rogue development cycle. This is crazy.

I refuse to accept that this problem is too difficult to fix. This is about basic fairness, protecting our communities and stopping villains profiting from crime, and I do not think there is a single Member of this House who disagrees with me about the importance of fixing the problem.

[James Sunderland (Bracknell) (Con)]

I can think of plenty of examples in my neck of the woods in east Berkshire, and indeed in neighbouring Hampshire and Surrey, of where unscrupulous landowners have put scrap cars on sites, contaminated the soil and put up small dwellings, with constant encroachment on what is there already. Does my hon. Friend agree, therefore, that we must give councils the powers to deal with this issue and to ensure that these unscrupulous people cannot make money from their actions?

[Dr Spencer]

I entirely agree with my hon. Friend. That is just another example of something I said at the start of my remarks: while this issue blights many parts of Runnymede and Weybridge, it affects people across England and Wales.

--- Later in debate ---

[James Sunderland (Bracknell) (Con)]

It is a great pleasure to be called to speak in the debate. I commend my good friend, my hon. Friend the Member for Runnymede and Weybridge (Dr Spencer), who has been an excellent champion for his constituency, in which I was born. I have watched his excellent work with interest and I commend him for a brilliant Bill, which I will support really hard.

As we know, the Bill creates offences relating to repeat breaches of planning controls, makes provision about planning offences and establishes a national register of persons who have committed planning offences. That is all good. The key point is to protect our countryside. Although the majority of developers and councils follow the rules, the Bill will hold those who flout the rules to account.

Clause 1 would facilitate the establishment of an England-wide database of breaches of planning control. That is important, because councils such as Bracknell Forest Council, a working borough council, are spending an absolute fortune fighting breaches and repeat appeals. It is right that the cost of those appeals should be covered by the fees. Why should we as taxpayers pick up the tab for rogue developers?

Clause 2 would require planning applicants to declare previous breaches, which is absolutely right. Clause 3 would allow planning authorities in England to seek an injunction from the High Court in response to an unresolved breach of planning control; again, that is spot on. Clauses 4 and 5 are also excellent clauses that will aid transparency.

Why is my hon. Friend doing this? It is quite simple. At the moment, development is immune from enforcement within four years of substantial completion for a breach of planning control, and within four years where there is an unauthorised change of use to a single dwelling house. Councils are powerless to deal with the problem, and it is morally wrong. Again, my hon. Friend has an excellent Bill and I support it.

On wider planning, I am very enthused by what lies ahead in the Government’s forthcoming planning Bill: a new £11.5 billion affordable homes programme over five years, a new mortgage guarantee scheme for those with a 5% deposit, and discounts from the market price for first-time buyers. The abolition of section 21 of the Housing Act 1988 on no-fault evictions will help to protect tenants against being thrown out into the streets.

That is all excellent stuff, but there is a big “but”. The housing and planning Bill needs to focus its future planning on areas that have the capacity to absorb planning and whose need for the levelling-up agenda is most acute. To put it bluntly, that cannot come at the expense of the quality of life that constituents enjoy in parts of the UK, notably in the congested south-east. It must not include building on green belt or green spaces, eroding what is left of our open spaces, or ripping the heart out of our rural or even urban communities.

In the Bracknell Forest Council area, which I am proud to represent in this place, 1,688 homes were built in 2019-20—a 123% increase. Bracknell Forest Council is doing that in line with the local plan, mostly on brownfield sites. That is really important, but this Government-driven policy is vexing our communities. It is wrong that councils should be forced to build on whatever scraps of land are left over, including pub gardens, school playgrounds, golf courses, common land, forest blocks, recreational areas and open spaces. That is a disgrace. There is a similar picture in Wokingham, where the council is almost powerless to stop the activities of speculative developers. I urge Wokingham Borough Council to engage with its MP and run its local plan past its MP, particularly in relation to Pinewood.

Ripping up the Lichfield table was absolutely right. What we need is not the Lichfield formula, but a new formula that focuses on residual land availability as a percentage of total available area. If there is nothing left apart from residual farmland, golf courses or school playgrounds, we should not build on that land. We must build on urban and brownfield sites, particularly in areas such as the midlands, the north-west and the north-east. The Government should therefore incentivise developers to target less valuable land by levelling up further north and in areas that need new housing.

I am led to believe that 1 million homes across the UK are currently unoccupied, and a further 1 million permissions have already been granted. Let us exploit that first, before building on yet more green-belt land. We also need more protections for farmland, so let us impose punitive and progressive taxes on those who seek to build on what is left of our constituencies. We must also allow councils to honour existing local plans and not have extra targets forced upon them. We need to give communities the autonomy and ability to say no.

Our communities need a voice. Our constituents need a voice. They must not have targets imposed on them, particularly in the south-east. Will the Government listen, please, to Conservative voters in particular, who are really concerned? Let us get the planning Bill done, please. I say to the Minister, who is in his place: let us get it done in the right way and build in the right locations. Let us not erode the quality of life that our constituents already have with yet more concreting over what is left of our green and pleasant land. That is just plain wrong.

Lastly, let us subsume my hon. Friend’s Bill into the planning Bill. It is the right thing to do, and we must support it. Let us deal, once and for all, with these rogue developers.

--- Later in debate ---

[James Sunderland]

My hon. Friend is absolutely right. I was trying to suggest that we should be building on brownfield sites across the country. There is clearly a preponderance of brownfield sites further north. We should be building on the best sites, not on the wrong sites.

[James Daly]

I thought I had misinterpreted my hon. Friend, and I am glad we are in complete agreement on these matters. A group called Bury Folk in my constituency has over 12,000 members. It is committed to ensuring that there is a voice for local people so that they can be heard on how they view their area and what it should look like. The most basic thing we should expect from our local councillors is that, as part of the planning process, they should have an idea and vision about what the local environment should look like, but that is not the case in Bury or Greater Manchester.

We have a regional strategic building plan called Places for Everyone. It has been taken forward by the Mayor of Greater Manchester and supported by the Labour council in Bury. Effectively, it has subcontracted development policy for the next 20 years to unknown developers. The whole plan seems to come down to this: we will allow the concreting over of large sections of the green belt, without any details of how that will happen. That is clearly unacceptable and there is no democratic accountability for it. How can my constituents have any confident in a plan such as that, which has no vision, is lazy, and when we have no idea about what bespoke details will be required and enforced to ensure we have that local voice in the planning process?

I could not agree more with my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory) about the use of our town centres, and how the Government should consider working with local authorities to incentivise developments on appropriate brownfield sites, as my hon. Friend the Member for Bracknell (James Sunderland) said. This comes down to the voices of all our constituents, and to their confidence that those voices will be heard and that the local authority will act on that. My hon. Friend the Member for Runnymede and Weybridge is correct about individual rogue developers, but there also are issues with large developers, because their financial might impacts the enforcement process in many applications. Essentially, local authorities are intimidated into not taking appropriate action to address egregious breaches by large-scale developers, which is hugely significant.

I agree with my hon. Friend, and his Bill has brought important issues to the Floor of the House. We must ensure that we have enforcement that works, supports local people and—most of all—supports a vision that protects the green belt and the environment that is so important to us. We must incentivise and ensure that local authorities take decisions in the best interests of the people who pay their wages, and who pay council tax to ensure a fully functioning, democratic planning system. Local authorities must not simply subcontract planning to large developers that do not care about individual areas and are eating up large sections of the green belt to build thousands of houses, without any thought or care for the people whose lives they will blight. We need effective enforcement. My hon. Friend’s important Bill contributes to that debate, and I thank him for it.