Planning Process: Probity

John Howell Excerpts

Thursday 11th June 2020 Commons Chamber

[Christopher Pincher]

The planning law in this country is very clear, as the hon. Lady knows. I suggest that she go and read it.

[John Howell (Henley) (Con)]

Does my right hon. Friend agree that the probity of the planning system has been enhanced by the Secretary of State’s decision to proceed with South Oxfordshire District Council’s local plan and that the holding of an examination in public online is a very good, transparent way of proceeding?

[Christopher Pincher]

Virtual proceedings are an effective way of ensuring that the light of public interest shines upon planning decisions, and I think the decision made in respect of South Oxfordshire was the right one. As I have said before, we will act always with fairness and probity, but we will also act to make sure that the Government’s objectives to build more homes in the right places—the sorts of homes people want and need—are met.

Horizon: Sub-Postmaster Convictions

John Howell Excerpts

Wednesday 10th June 2020 Commons Chamber

[Paul Scully]

As I have said, the terms of reference of this review are deep enough to get to the bottom of exactly what has happened. The fact that the chairman, who will be appointed, is independent of Government, independent of Post Office Ltd, and will have the freedom to be able to go and find evidence to complement the evidence that has already been published by Mr Justice Fraser in his judgment means that there will be plenty to draw on in order to come to conclusions and recommendations.

[John Howell (Henley) (Con)]

Does the Minister not accept that this is as big a scandal as that of the Guildford Four? Although the settlement was reached by mediation, which I approve of, much of that settlement was taken away in cash for lawyers. Can we not do something to ensure that the settlement justifies the indignities that many of these people have had to suffer?

[Paul Scully]

With regard to the scale of the issue, I agree with my hon. Friend that this has gone on for so long and has involved so many people who have suffered as a result, some with their lives, as we have heard. The point is that the mediated settlement was between the Post Office and the sub-postmasters who took out that group litigation. I am pleased that it came to a conclusion, but, as a result of that, the Government cannot enter into a new discussion with the Post Office on that basis.

Planning for the Future

John Howell Excerpts

Thursday 12th March 2020 Commons Chamber

[John Howell (Henley) (Con)]

As the Secretary of State is aware, I have been much involved in reform of the planning system under previous Governments, and I urge him to be radical when he produces his White Paper. I am glad he has retained his commitment to involve local communities. Strengthening the role of neighbourhood plans against the problems put in their way by district councils would be a very good way of taking that forward.

[Robert Jenrick]

My hon. Friend raises an important point. There is evidence that some local plans have been undermined and that the hard work put in by local communities has not reaped the benefits those areas would have liked—they can spend years creating plans only to see development happening on other sites, not those they have chosen themselves. We are reviewing that, taking examples from across the country where we think that has happened and trying to learn lesson from it, and I hope that will feed into our work and create a strengthened plan-making system in the future.

Community Housing

John Howell Excerpts

Thursday 12th March 2020 Commons Chamber

[Mr Richard Bacon (South Norfolk) (Con)]

It is a pleasure to lead this Adjournment debate, the subject of which is support for community housing—a phrase that comes from the 2019 Conservative manifesto, on which my Conservative colleagues and I fought the recent general election. The manifesto, perhaps for lack of space, conflates two of my life-favourite themes: first, giving people in local communities more real say over the housing that is to be built in their areas; and secondly, self-build housing. On the latter, I declare two interests: first, because what is now known as the Self-build and Custom Housebuilding Act 2015 started life as my private Member’s Bill; and secondly, because I am an ambassador for the Right to Build Task Force.

Under the heading “Community housing and self-build”—which I should emphasise for the sake of clarity are by no means entirely the same thing, although there is often an overlap—the Conservative manifesto helpfully states, on page 31:

“We will support community housing by helping people who want to build their own homes find plots of land and access the Help to Buy scheme.”

I could hold at least three separate Adjournment debates purely based on that one sentence—first, because there is a great deal to say about community housing and the very successful community housing fund; secondly, because there is also a great deal to say about helping people who want to build their own homes, either as individuals or as members of groups; and thirdly, because there is a great deal to say about the fact that the Help to Buy scheme unfairly and inadvertently excluded custom and self-build from its scope. Although that omission was acknowledged and recognised by the Government in 2014, it did not lead to any action being taken until the 2019 manifesto commitment, so in fact there has been an extended period of unfair competition from state-led intervention, subsidised by our tax-paying constituents, which effectively has operated against self-builders and in favour of large house builders, thus limiting supply and choice while reducing overall quality, sustainability and innovation.

However, I do not want to talk about that—first, because my right hon. Friend the Minister knows that I am a “glass half full” kind of guy, and there is much that is positive to talk about; and secondly, because my conversations with Ministers have convinced me that they are seized of that particular problem in relation to Help to Buy, which I hope will in due course be called “Help to Build”, and genuinely want to find a solution that works for self-builders rather than discriminates against them. In the limited time available, I will concentrate just on the first part of the sentence—namely, support for community housing.

[John Howell (Henley) (Con)]

As my hon. Friend knows, I was the person who invented neighbourhood plans. I have a local plan in my home constituency for a town that has some land that it wishes to develop, but it is having enormous problems with the community land trust model in trying to do so. Does my hon. Friend think that that is typical of the problems of the community land trust route, or does he have a solution?

Post Office and Horizon Software

John Howell Excerpts

Thursday 5th March 2020 Westminster Hall

[Lucy Allan (Telford) (Con)]

I beg to move,

That this House has considered the Criminal Cases Review Commission’s process for review of convictions relating to the Post Office and Horizon accounting system.

It is a great pleasure to serve under your chairmanship, Mr McCabe, and a privilege to have secured this debate. Following the completion of the litigation process, I am sure it will be the first of many on different aspects of this miscarriage of justice.

I pay tribute to those who have fought the corner of postmasters affected by the Horizon IT system over many years, particularly Lord Arbuthnot of Edrom and my hon. Friend the Member for North West Leicestershire (Andrew Bridgen). I also pay tribute to the right hon. Member for North Durham (Mr Jones) for his sterling work, my hon. Friend the Member for Woking (Mr Lord), who has worked so hard on the terrible case of Seema Misra, and many other Members across the House who have long campaigned on this issue.

I pay a particularly special tribute to those Post Office workers and campaigners who have had to overcome the myriad obstacles and hurdles that have been put in their way over the years. I am humbled by their fortitude and dignity, as they have continually—indeed, stoically—endured much in many ways, as their quest for justice goes on.

I have not come to Westminster Hall today to level criticism at the Post Office, nor to set out the background to the successful group litigation against the Post Office. I have no need to do so because the honourable Mr Justice Fraser, who I am sure will eventually go down in history as the next Lord Denning, has already comprehensively done so in his very fine judgments, particularly that handed down on 16 December 2019. I will, however, draw attention to the way in which the Post Office embarked on what appears to any outside observer to have been a war of attrition against its former employees throughout the litigation process, repeatedly appealing every decision, seeking to recuse the judge, and appealing the judgments that were handed down. That war of attrition ground down the claimants and forced them into a settlement, most of which will go towards meeting their legal fees.

[John Howell (Henley) (Con)]

My hon. Friend makes a valid point about the settlement. The case was supposed to be settled through a process of mediation. The settlement came to more than £57 million. Does she not think that it is outrageous that most of that sum is going to lawyers, which brings into disrepute the whole process of mediation—and I say that as a mediator myself? It is outrageous that mediation can charge so much for what was a fairly straightforward operation.

Housing and Planning

John Howell Excerpts

Tuesday 3rd March 2020 Westminster Hall

[John Howell (Henley) (Con)]

I have been involved in planning for most of my working life. I wrote “Open Source Planning”, which helped to guide the reforms of 2010 and 2011; I helped to draft the national planning policy framework; I sat on the local expert planning group, which sought to simplify planning; and most recently I have been the Government champion for neighbourhood planning.

My conclusion from all of that is that the plan-led system we now have is so complex, with so many layers and so many tweaks, that it is no longer fit for purpose, particularly in relation to the delivery of housing. The plan-led system is

“less effective than at any time in the post-war era”.

Those are not my words but the words of Nick Raynsford, whose report on this I found very interesting.

Affordable housing is falling by the wayside. Its quality is highly dubious, and there is a loss of public trust in planning as the most fundamental aspect of this approach. A fundamental reform is required, and I am happy to remove the party political influence of councillors from individual applications, because I am keen to ensure that neighbourhood plans play a much greater role in keeping the involvement of local people in the planning system.

However, there is one more important reform that we should bring in: the use of mediation in the planning system, instead of a costly appeals mechanism. In 2008, the Killian Pretty review said that an alternative dispute resolution—meaning mediation—should be used as a speedy alternative to appeals. The essence of mediation, of course, is that the mediator decides nothing. The process is facilitative and allows the parties to the case to formulate their own solutions under guidance. It can be used for highways, compulsory purchase, sorting out claims however they arrive, and sorting out the thorny issues of section 106 agreements. There is a role for mediation at the beginning of the process in generating the scope of a project and ensuring that local views or needs are included.

Why should mediation even be considered? First, it has been an outstanding success in other areas, including the construction industry, where it is used effectively, but also in other areas of life. The essence of that should be used in the planning system to speed up reform.

Holocaust Memorial Day

John Howell Excerpts

Thursday 23rd January 2020 Commons Chamber

[John Howell (Henley) (Con)]

I start by picking up where the hon. Member for East Renfrewshire (Kirsten Oswald) left off: like her, I have been to Yad Vashem, the World Holocaust Remembrance Centre, many times over the past few years. It has been a very moving experience, which I shall never forget, no matter how many times I go back. Two things stand out in my memory. The first is the objectivity of the displays—they do not try to dress up the holocaust; they explain it as it is. The second is the timeline there—it illustrates not just what happened when the second world war started, but the timeline before that and the sort of words and feelings that started the whole process that led to the holocaust. The purpose of Yad Vashem is a noble one: to keep alive the memory of what happened and to remember the individuals who died and were murdered in the holocaust. In other words, it links history and memory.

We have also mentioned that this is the 75th anniversary of the liberation of Auschwitz. I have been to Auschwitz on a number of occasions, too, and its grim state provides a very good reminder of the terrible atrocities that took place there. For me, however, the most important concentration camp that I have been to is outside Lublin, in eastern Poland. Why was it so memorable? Because when I went there on a glorious spring day, there were lots of flowers around in the concentration camp. Those flowers were growing because they were built on the bodies of people who had been cremated and murdered in that concentration camp. It was an irony that we still had the glory and beauty of those flowers against such a terrible atrocity.

I am a trustee of the Holocaust Memorial Day Trust, which is responsible for running the event, and we have heard that this year, it has a theme—“stand together”. The trust asked us to identify an individual that we could mention during the debate, but I am not going to do that. Instead, I am going to put on this yarmulke in order to remember the 6 million Jews who were killed during the second world war. It is important that we do that, but it is important, too, that we recognise that other genocides have occurred, apart from the holocaust. There have been genocides in Cambodia, Rwanda, Bosnia and Darfur.

[Dame Margaret Hodge]

The hon. Gentleman is making a very powerful statement and I congratulate him on it. Today is the day when the issue of the Rohingya Muslims and whether there is a genocide is being considered by the International Court of Justice. It is sobering thought that that judgment is happening on the day that we are debating the holocaust. Does he agree that lessons are not always learnt? I hope that the ICJ comes to a sensible judgment and that that influences what happens in Myanmar and the treatment of the Rohingya Muslims.

[John Howell]

I completely agree. The Holocaust Memorial Day Trust uses the definition that genocides are those that have been declared by the United Nations, so the quicker that that moves on—so we can see what happened there—and the judgment is made, the sooner we can include Burma in the list of places where genocides have occurred.

In addition to the 75th anniversary of the liberation of Auschwitz, it is also the 25th anniversary of the genocide in Bosnia, and we should remember that as we go through Holocaust Memorial Day. The Holocaust Memorial Day Trust sets out to bring together thousands of people across the UK, who participate in different programmes, many of which are originated by communities and schools. They all participate in remembering, and tens of thousands of activities take place during the day. It also organises the UK ceremony that takes place next week, to which I hope a number of Members here have been invited, because it is a great thing to do. Sadly, I will be away at the Council of Europe, where I expect we will have our memorial to those who were killed in the concentration camp near Strasbourg, which we went to see last year.

Finally, the words of Sir Nicholas Winton, who rescued almost 700 children from Nazi-occupied Europe, should be taken to heart when we think back to the holocaust:

“Don’t be content in your life just to do no wrong, be prepared every day to try and do some good.”

House Building Targets

John Howell Excerpts

Tuesday 11th June 2019 Westminster Hall

[John Howell (Henley) (Con)]

When I first came to the House in 2008, I began work on a paper called “Open Source Planning”, which set out an important distinction and led to the abolition of the top-down targets that had existed under the Labour Government. It took a little while to get rid of them, but we have not replaced them. The Chancellor’s target of 300,000 houses is an aspirational or soft target, because it cannot be achieved on its own without consequential changes to the planning system. We have already made a large number of changes, and there are more on the way.

The main target that we should be aiming for is one based on housing need. Under previous Administrations, it was left to individual councils to come up with the figure for housing need and methodology to calculate it. That was incredibly expensive for councils and led to an enormous number of court cases, as developers challenged them. I was very pleased when the Government asked me to sit on the Local Plans Expert Group and come up with a new methodology. We were the first to introduce a methodology based on Office for National Statistics figures. Although there are some problems with it, which I am sure the Minister is aware of, it is a very useful starting point.

Unfortunately, many other deals—for example, growth deals—have subsequently come into play and overridden those figures. The councils concerned have come up with other figures to replace the need figure that is based on, for example, strategic housing market assessment surveys that are quite old. We and councils must have an overriding desire to go back and take those figures out to the public to discuss what is being done and ensure that there is public buy-in.

My hon. Friend the Member for Newton Abbot (Anne Marie Morris) mentioned the NPPF. I am very pleased to have been involved in the original version of it. All we tried to do with it was to boil it down from thousands of pages to 50 to make it accessible to everyone.

The best targets are those in neighbourhood plans. They have been developed by the community, and the figures from the district council that they have been built on are merely the minimum figures. The community can add to them whenever it wishes. Neighbourhood plans are very good at protecting the open and green spaces that the community wishes to include. There is a great need to protect the people who spend a couple of years producing a neighbourhood plan, which is why I introduced a private Member’s Bill to take away the right of appeal if a developer has definitely gone against a neighbourhood plan.

I do not think the system is broken. We have gone out of our way to try to fix it. I would point to the fact that the viability calculations that developers have to produce are public. They are available and have to be discussed, and local councils should have access to them. I agree with what my hon. Friend said about carbon impact, but I believe—

[Mr Philip Hollobone (in the Chair)]

Order.

Guildford Borough Council

John Howell Excerpts

Wednesday 16th January 2019 Westminster Hall

[Sir Paul Beresford (Mole Valley) (Con)]

I beg to move,

That this House has considered Guildford Borough Council and its local plan.

I am delighted to have you here, Mr Betts—an expert in the very field we are discussing—and also the Minister. Some years back, I had the same sort of role that she has now, although I did not have the entourage behind me. I used to do debates such as this on my own; I think they were too embarrassed. I am very aware that the Minister cannot comment on the specific details of a local plan in her position, which is quasi-judicial. She must be broad and not specific in her replies. Given the time constraint, I intend to try to set the scene, but I will write to the Minister in the next few days with considerably more detail.

The Mole Valley constituency is not coterminous with Mole Valley District Council; the eastern wards of Guildford Borough Council are within my constituency. They are therefore covered by the Guildford council as regards planning, including the draft local plan. Local residents were consulted, as is standard for local authorities in developing their plan. The plan relating to some of the eastern wards involves massive—and I mean massive—loss of green-belt land. For many residents, the green belt was the basis of their desire to live in Mole Valley; it is what makes it attractive. Protests from individuals and groups, especially parish councils, was particularly vigorous, but it was also careful, constructive and thoughtful. In my opinion, the disregard for the views of those dissenters to the plan, and the manner of that disregard, during the progressive consultations by the council leadership was not good.

Of the land that makes up those wards, a significant majority is green belt or similar. Thanks to our robust planning rules, any development that takes place on that land cannot be of high density or particularly high rise. It is therefore only logical that, when Guildford Borough Council looks around for locations on which to develop, it should look first at brown-field sites, as it has done. It should look to offset increasing height and density with innovative design; the Minister and I know from our local government days that that is possible in some particularly difficult areas of inner London.

This Government, including, if I may say so, my hon. Friend the Minister, has made it clear that that should be the default approach to planning home development in local authority plans. Indeed, my right hon. Friend the Chancellor, who incidentally is a resident in one of the wards in question, recently highlighted the importance of this approach to English local authorities more broadly, not just this one. With that in mind, I am here to highlight the fact that Guildford Borough Council has produced a draft local plan that puts a full 59% of the proposed new development on green-belt land. On top of that, the council has also brought forward deeply concerning proposals for placing a large quantity of industrial land in the little village of Send, on top of a large increase in homes on green-belt land.

The main town for the borough of Guildford is, unsurprisingly, Guildford town. It is an ancient town; the archaeological footprint goes back to Roman days. Clearly, it is a place that must be protected, and it is, but around Guildford town and beyond there are brown-field sites, places of little ecological or historical worth, that could be utilised to meet the borough’s housing need. It is true that many of these sites appear in the local plan, but they are not being utilised in an innovative way that would best unlock their potential. I believe the council should look further at building higher and denser buildings, particularly around prime sites such as the railway stations, which would provide well-positioned, affordable homes to the younger generation of busy commuters in a busy commuter town.

[John Howell (Henley) (Con)]

My hon. Friend may be aware that Guildford has run into difficulties with many villages over the production of neighbourhood plans. My intervention is just to tell him that I too am aware of that, in my role as Government champion for neighbourhood planning, and I am dealing with the problem.

[Sir Paul Beresford]

I thank my hon. Friend; I think Guildford council, with its behaviour and reputation, will keep him rather busy.

By definition, the surroundings of those villages cannot have a building of any significant height or density. The number of homes per acre of footprint must be low. I wish to concentrate on just two specific areas, the village of Send and the Wisley site, as examples of what this draft local plan would mean if implemented. Both feed on to the A3, which feeds to Guildford to the south, London to the north and the M25 via junction 10. The A3 is overloaded at peak times, and junction 10 is the worst junction on the M25 for delays, heavy traffic and accidents. In recognition of that, Highways England is proceeding through the rigmarole of extending and developing the junction. However, its work will merely enable the better management of the current traffic flow. I believe that Highways England has not factored in, or has not been able to factor in, the increase that would come from the developments proposed for Send and Wisley, and others. Neither Send nor Wisley has a railway station.

Those problems were a major factor in the rejection of the recent appeal to develop the Wisley site along the lines now suggested in the local plan. That rejection followed Guildford council’s refusal of an application by the owners and developers of the Wisley site. There was an appeal where, after a lengthy—I think it was five weeks—inquiry by the inspector, who endorsed Guildford council’s refusal, the decision was backed by the Secretary of State. The three main reasons for the Secretary of State’s refusal were damage to the green belt, lack of infrastructure and traffic overload. It was a sensible decision all round. I even applaud Guildford council for refusing the application. I ask the Minister, then, to imagine the general amazement when Guildford council did an unabashed and blatant volte-face and shamelessly put the Wisley plan back into its local plan, in spite of everything it has done and in spite of what the inspector and the Secretary of State had said.

There has been a long history of refusals on the site, predominantly on the grounds that the site is green belt and that development would cause considerable difficulties on local roads as well as the A3. The majority of those local roads are winding and narrow and there is no realistic hope that they could ever sensibly be expanded. They generally have no lighting and mostly no pavements, and the nature of the roads is not conducive to cycling—although that does not deter the packs of cyclists who go up and down the roads, particularly at the weekends. The Wisley site, if developed, would result in an isolated island of properties, which would need a full range of infrastructure purpose-built at great cost to make the site even remotely viable. In other words, it would end up as an urban island damaging a rural area.

The promoters behind the Wisley adventure are numerous and the links that bind them together are nothing if not convoluted. There appears to be a Russian influence behind the proposers. We know that, for example, the leader of Guildford Borough Council took a trip, or trips, to Russia with a councillor from the Vale of the White Horse, who was working with the Wisley owners. I understand that the reason for the visit was to encourage Russian development in the UK and presumably in Guildford, with an emphasis on Wisley. I understand the interest, because if Wisley is developed the investors stand to benefit considerably—given the sums of money involved, it may be more accurate to say enormously—but, of course, that is not a planning issue.

I will now briefly turn to the village of Send, which, like Wisley, has no railway station and thus also feeds traffic on to the A3. The village has a single two-way central road, with a number of minor roads branching off. The village is surrounded by green-belt land, with development limited to infill opportunities. The village has about 1,660 properties and a population of about 4,000. It is a village, although if Guildford council has its way, that will change.

The local plan proposes to increase housing in Send by 40% as a starter, with four new slip roads on to the overloaded A3. Additionally, Guildford Borough Council will dump 40% of the borough’s new industrial development on this little village. The overload is obvious.

I thank my hon. Friend the Minister for listening patiently as I outlined the threat these villages face. I hope she will now indulge me a little further as I gently remind her why the decision to build on green-belt land is so objectionable. Most obviously, it directly contradicts the Government’s policy. The national planning policy framework makes it absolutely clear that permanence is the central feature of the green belt, and that development on it can be sanctioned only in genuinely exceptional circumstances. My hon. Friend the Member for Grantham and Stamford (Nick Boles), when he was Under-Secretary of State for Communities and Local Government, wrote to me confirming that local housing need does not meet the threshold to be considered exceptional.

For all the problems that the development of these sites will create, I am perhaps most concerned about what would be lost. It is widely accepted that only the presence of the green belt has prevented runaway urban sprawl from London and preserved the unique, rural nature of areas such as my constituency. Remember, both sites are right on the edge of the M25 and right on the edge of what we consider to be the spread of London. I therefore resist in the strongest terms any action that undermines the integrity of the green belt, and I remind my hon. Friend the Minister that when that land is gone, it is gone forever, as she will know from our time working together in inner London.

In this context, the willingness of the Guildford Borough Council leadership to demolish so much green belt in these wards is deeply distressing to me and my constituents. It has been noted by some that both wards under threat are not currently represented by Conservative councillors, and have not been for some time. However, knowing the council leader as I do, I am quite sure that that was never a factor in his thinking. It is certainly not a planning issue.

At this stage of the inquiry into the local plan, my hon. Friend the Minister could make a number of moves, if she agrees with my concerns. She could call in all or parts of the plan, or she could direct modifications to it. At the very least, she could put the plan on hold while she and other experts look at the points that have been made.

In complex cases in my professional field it is routine to seek a second independent opinion. Perhaps the Minister could ask the inspector who sat for the five-week Wisley appeal and rejected the application if he could look at both these cases—particularly the Wisley application, because it is identical to that which he advised the Secretary of State to refuse.

Shale Gas Development

John Howell Excerpts

Wednesday 31st October 2018 Westminster Hall

[Mark Menzies (Fylde) (Con)]

I beg to move,

That this House has considered local involvement in shale gas development.

Thank you for your guidance at the start of this well-attended debate, Mr Hollobone. Many right hon. and hon. Members have been emailed by constituents asking them to come along and support Mark Menzies in his debate. If it is any consolation, I, too, have been emailed by constituents asking me to come along and support Mark Menzies in his debate. I assure those constituents that I am supporting Mark Menzies in his debate.

Throughout my time as a Member of Parliament, I have lived with shale gas. I have seen several sites in my constituency developed, and some have been developed and abandoned. I could talk about that for some time. When I was elected in 2010, it came as a surprise that in 2008 the previous Labour Government had awarded a shale gas exploration licence for the area that covers my constituency and some of my neighbouring constituencies. At the time, it was not well known about and the level of awareness was quite low. The company did not even have a website, so finding out what was going on took some doing.

Since its introduction in the UK, shale gas extraction has become a contentious issue. Individuals on both sides offer passionate arguments, as I have witnessed throughout my tenure as a Member of Parliament. My contribution today will largely focus on the proposed planning changes that have been out for consultation.

[John Howell (Henley) (Con)]

I will be quick. Does my hon. Friend think that shale gas extraction is worth while? Are there enough layers of schist in this country, as opposed to the vast expanses of the European plain, to make it profitable or to get enough gas out of it?

[Mark Menzies]

The companies concerned argue that there are substantial reserves of shale gas. The issue, and the difference between the United Kingdom and large swathes of America, is population density. We are not Dakota or rural Pennsylvania, where people can travel for hundreds of miles without seeing a farmhouse.