Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, if she will remove the presumption in favour of granting planning permission for developments which build extra stories on top of occupied apartment blocks.
Answered by Matthew Pennycook - Minister of State (Housing, Communities and Local Government)
As set out in our consultation on proposed reforms to the National Planning Policy Framework, the government supports upward extensions as a route to urban intensification. Planning policy makes clear that local authorities should support upward extensions where the development would be consistent with the prevailing height and form, well designed (including complying with any local design policies and standards), and can maintain safe access and egress for occupiers.
The government will keep recent changes to permitted development rights under review and as per my response to the right hon. Gentleman’s oral question on Monday 28 October 2024 (Official Report HC, Volume 755, Column 524), I will reflect further on the specific concern he has raised.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, what her policy is on the (a) freeport approved for the Solent area and (b) freeports programme.
Answered by Alex Norris - Parliamentary Under-Secretary (Housing, Communities and Local Government)
Future plans for the Freeports Programme are being carefully considered as part of the ongoing Spending Review process.
This does not change the fact that Solent Freeport, alongside the other seven English Freeports and the two Scottish Green Freeports, has had tax sites designated and is open for business. Delivery is - and will continue to be - led by local partners and I thank all those involved for their continued hard work on the project.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Levelling Up, Housing and Communities, for what reason the entirety of the New Forest has been included within the provisional boundary of the proposed Solent Freeport.
Answered by Dehenna Davison
By delivering investment on specific priority sites, Freeports will create thousands of high-quality jobs in some of our most disadvantaged communities. These sites have been carefully selected for their suitability for development by the local Freeport coalition, which comprises key private partners and Local Authorities who, importantly, provide democratic accountability for the actions of the Freeport. The development sites sit within an ‘outer boundary’ which sets the limit for how far apart they can be and broadly indicates the area they expect to benefit most directly from the Freeport's economic impacts. While the Solent Freeport outer boundary intersects with the New Forest National Park, this in no way means that the area has been earmarked for development nor does this confer any special planning status. Local authorities retain all their statutory powers and responsibilities, including responsibility for providing planning permission. Freeport status in no way undercuts the local planning process and there is no change to the current planning and environment status of national parks.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Levelling Up, Housing and Communities, with reference to the Answer of 6 December 2021 to Question 85168 on Flats: Construction, what safeguards have been put in place to ensure that leaseholders do not have to pay for remedial works to apartment blocks caused by (a) faulty design and workmanship by contractors and (b) inadequate supervision by freeholders; whether he plans to introduce additional safeguards for leaseholders; if he will make an assessment of the implications for his policies on liability for remedial works of the use of ad hoc limited companies by contractors and freeholders to (i) carry out works and (ii) nominally take over ownership of such blocks after the completion of remedial work; and if he will make it his policy to require planning authorities that permit the construction of additional storeys to existing apartment blocks to conduct annual surveys on the (A) frequency of defective outcomes and (B) implications for existing leaseholders for their (1) costs, (2) property values and (3) quality of life.
Answered by Stuart Andrew - Shadow Secretary of State for Culture, Media and Sport
The landmark Building Safety Act 2022 delivers robust and far-reaching protections for leaseholders in buildings above 11 metres in height or with at least five storeys from the costs associated with historical building safety defects. A leaseholder qualifies for the protections if, on 14 February 2022, the property was their principal home, or if they owned up to three UK properties in total.
The Act protects qualifying leaseholders from all costs related to the remediation of unsafe cladding and the costs for remediation of non-cladding defects and interim measures like waking watches are subject to a firm cap. Once the leaseholder caps have been reached, landlords will be unable to demand further non-cladding costs from leaseholders. Qualifying leaseholders will be protected from costs associated with both shoddy workmanship and faulty design: the protections safeguard against costs associated with any defect that has arisen in the past 30 years because of anything done or not done, or anything used or not used in connection with works to the building that also causes a building safety risk. This includes defects associated with the provision of professional services, for example those of an architect.
The Act ensures that corporate structures cannot be used to evade liability for building safety defects. Freeholders with links to the building’s original developer, such as where the freeholder is a subsidiary of the developer, will need to meet remediation costs for their buildings in full. As the Act looks at the situation on 14 February 2022, any future buyer of the freehold will assume the same liabilities of the previous freeholder; as such, freeholders will not be able to simply sell off their buildings to evade liability. The Act also grants a power to the High Court allowing them to extend specific liabilities for one company to associated companies, removing the protection afforded to developers and contractors by special purpose vehicles.
All development, whether allowed through a permitted development right or an application for planning permission, must meet building regulations including fire and other building safety requirements. The Government has no plans at present to review the permitted development rights for building upwards.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Levelling Up, Housing and Communities, if he will take steps to assess the practicability of using empty NHS and Social Services buildings, including Nightingale hospitals, to assist in the short-term transition of Ukrainian refugee families between arrival in the UK and placement with the sponsors who are offering to accommodate them; and if he will make a statement.
Answered by Eddie Hughes
The Government is exploring using vacant public sector property for Ukrainians arriving into the UK. Those arriving under the Homes for Ukraine scheme should however proceed directly to the housing provided by their sponsor.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Levelling Up, Housing and Communities, if he will take steps to ensure that wholesalers have access to the future (a) Covid-19 Additional Relief Fund and (b) Business Rates Relief Fund for businesses outside of the retail, hospitality and leisure sectors; if he will take steps to include specific reference to wholesalers in the guidance on eligibility to qualify for relief via each of those funds; and if he will list the measures being taken to support local businesses that fall outside of the hospitality, retail and leisure sectors.
Answered by Kemi Badenoch - Leader of HM Official Opposition
The COVID-19 Additional Relief Fund is the £1.5 billion business rates relief scheme announced in March to provide business rates support to businesses outside the retail, hospitality and leisure sectors. The COVID-19 Additional Relief Fund will be allocated to local authorities based on the stock of properties in the area whose sectors have been affected by COVID-19 and are ineligible for existing support linked to business rates.
My Department will publish guidance to help local authorities set up their local schemes once the legislation relating to COVID-19 Material Change of Circumstances provisions has passed. This will include the eligibility criteria for the scheme and individual local authority allocations. Decisions on the award of relief will ultimately be for local authorities, having regard to the guidance.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Levelling Up, Housing and Communities, if he will take steps to ensure that wholesalers have access to the future Covid-19 Additional Relief Fund; and if he will take steps to include specific reference to wholesalers in the guidance on eligibility to qualify for relief via that fund.
Answered by Kemi Badenoch - Leader of HM Official Opposition
The COVID-19 Additional Relief Fund is the £1.5 billion business rates relief scheme announced in March to provide business rates support to businesses outside the retail, hospitality and leisure sectors. The COVID-19 Additional Relief Fund will be allocated to local authorities based on the stock of properties in the area whose sectors have been affected by COVID-19 and are ineligible for existing support linked to business rates.
My Department will publish guidance to help local authorities set up their local schemes once the legislation relating to COVID-19 Material Change of Circumstances provisions has passed. This will include the eligibility criteria for the scheme and individual local authority allocations. Decisions on the award of relief will ultimately be for local authorities, having regard to the guidance.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Levelling Up, Housing and Communities, if he will make an assessment of the impact on existing leaseholders in apartment blocks of the (a) level of disturbance to residents, (b) accountability of ad hoc companies set up to carry out construction works and (c) potential for high remedial costs for unsatisfactory work commissioned by freeholders in respect of the 2020 decision to permit the addition of up to two extra storeys to apartment buildings.
Answered by Christopher Pincher
All development, whether allowed through a permitted development right or an application for planning permission, must meet building regulations including fire and other building safety requirements.
The permitted development right for building upwards on detached blocks of flats requires the developer to provide a report on how the impacts of the construction on the occupiers of the existing block of flats and adjoining buildings will be mitigated. This is subject to additional prior approval considerations by the local authority. These include consideration of the impact on the amenity of the existing block of flats, including on leasehold flats within the block, as well as on neighbouring premises. The local planning authority must notify all owners and occupiers of the existing block of flats, including leaseholders, as well as adjoining owners or occupiers of the proposed development.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Levelling Up, Housing and Communities, what further steps he plans to take to prevent costs resulting from cladding remediation from being passed on to leaseholders to pay.
Answered by Christopher Pincher
The Building Safety Bill will ensure that those responsible for occupied higher-risk buildings will be required to actively manage building safety risks, evidencing this through the safety case regime overseen by the Building Safety Regulator. This will ensure major fire and structural hazards are effectively and proportionately managed, mitigated and remedied and that effective steps are taken, which take into account safety and cost.
We have been clear that building owners and industry should make buildings safe without passing on costs to leaseholders and where they haven't stepped up, we have stepped in. The Government has announced a globally unprecedented investment over £5 billion in building safety and hundreds of thousands of leaseholders will be protected from the cost of remediating unsafe cladding from their homes.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, what protection he has made available to leaseholders to prevent freeholders making them forfeit their leases due to inability to pay (a) cladding and (b) other fire safety-related costs demanded in service charge bills rendered for payment prior to the introduction of planned government fire-safety remedial compensation schemes; and if he will make a statement.
Answered by Christopher Pincher
The Government believes that forfeiture is a draconian measure and should only be used as a last resort. In practice forfeiture happens very rarely and is subject to the right of relief, to be exercised at the court’s discretion. Any changes to forfeiture will require a careful balancing of the rights and responsibilities of landlords and leaseholders. As a first step, we have asked the Law Commission to update their 2006 report Termination of Tenancies for Tenant Default given the passage of time, and to take into account the implications of the reforms currently underway. We will then consider what action may be needed, including potential legislative measures.
The Government is providing £5 billion of funding to protect leaseholders living in residential buildings over 18 metres with unsafe cladding from the costs of remediation. Leaseholders in buildings between 11 and 18 metres will be able to access finance for cladding remediation, with a commitment that they will not have to pay more than £50 per month towards these remediation costs. Government funding does not absolve building owners of their responsibility to ensure their buildings are safe. They should consider all routes to meet costs, protecting leaseholders where they can – for example through warranties and recovering costs from contractors for incorrect or poor work. We have seen many responsible developers and building owners stepping up to take responsibility for correcting these defects - for example, in more than half of the high-rise private sector buildings with ACM.