Under-occupancy Penalty

Debate between Justin Tomlinson and Greg Mulholland

Thursday 28th January 2016 Commons Chamber

[Justin Tomlinson]

I thank my hon. Friend. Not only is £870 million proving to be the right amount of money for local authorities, but awareness continues to increase year on year.

[Greg Mulholland (Leeds North West) (LD)]

It is simply astonishing that the Government are still not listening and not facing up to the reality of the flaws in this policy, in the same way as they blocked the Affordable Homes Bill, the private Member’s Bill in the name of the former MP for St Ives. Instead of wasting yet more public money on a court case, can they not dust off that Bill and make the changes that clearly need to be made to this policy?

[Justin Tomlinson]

We are determined to protect the most vulnerable in society. As we have shown, these people were getting the funding that they should have got and were entitled to.

Oral Answers to Questions

Debate between Justin Tomlinson and Greg Mulholland

Monday 2nd November 2015 Commons Chamber

[Greg Mulholland (Leeds North West) (LD)]

I was pleased to meet the Under-Secretary of State for Disabled People to discuss children with Batten disease who were having to re-apply for disability living allowance, but we were disappointed to be told that we would not get a formal response. Will the Minister ensure that the Batten Disease Family Association gets a formal response about how the Department will take the recommendations forward?

[Justin Tomlinson]

I thank the hon. Gentleman for raising that issue. I am very disappointed to hear what he says and I will make sure that a formal response is sent. I was very grateful to both the hon. Gentleman and the Batten Disease Family Association UK for taking the time to help proactively support the changes that we needed to make.

Oral Answers to Questions

Debate between Justin Tomlinson and Greg Mulholland

Monday 22nd June 2015 Commons Chamber

[Justin Tomlinson]

I thank my hon. Friend for highlighting the issue of mental health conditions, which is a particular priority for us. Through the Access to Work scheme, we have introduced a lot more measures to increase support and provision for those trying to get into work and while they are in work. That is partly why 35,000 people benefited from that scheme last year, up by 4,000 on the previous year.

[Greg Mulholland (Leeds North West) (LD)]

Six-year-old Ellie Mae Brownnutt tragically died on 8 May from Batten disease; her brother Caleb also suffers from the condition. The parents of children with Batten disease still have to fill in forms for DLA every three years, even though there is no cure and, sadly, death is inevitable. Some conditions are exempt from that requirement and some are not. Will the Minister meet me, representatives of the Batten Disease Family Association and people affected by other degenerative conditions to discuss how this situation can be changed?

[Justin Tomlinson]

I thank the hon. Gentleman for raising that issue—I know he has been a real champion for the cause. I am happy to meet him, but he should remember that the reason we do reassessments, where appropriate, is that sometimes conditions get worse and support for them will therefore increase. We would not want people to miss out, as they did under DLA.

Pubs (Planning Policy)

Debate between Justin Tomlinson and Greg Mulholland

Wednesday 16th February 2011 Westminster Hall

[Greg Mulholland]

I absolutely agree. That is essential if the right to buy is not to appear tokenistic. I stress, however, that the issue is not only about demolition, and I urge the Minister to stop it being okay to turn the Red Lion or the White Swan into a Tesco, just because a deal is cooked up between a distant unaccountable pub company and Tesco headquarters. That cannot be right, because the community, never mind the small business person, has no say over whether it wants the pub to continue.

There is a separate use class order, A4, for pubs, bars and other licensed premises, but it is currently perfectly allowable to change that to one of various other use class orders—A1, A2 or A3, I think—and the Government could, very simply, stop those conversions without planning permission. I am not talking about when a pub is no longer viable or wanted and it might be a good idea to turn it into a solicitors office. All the Government have to do is to say that there are no conversions from A4 to anything without planning permission being obtained through the normal process. If the pub is no longer viable or wanted, it will change use within a reasonable and normal time period, as with all planning applications, but the community should at least have the right to comment.

I briefly wish to mention the wonderful work of Pub is the Hub and the Plunkett Foundation. No one suggests that it is possible for the Government to provide huge amounts of money to back up the community right-to-buy scheme, but there has to be better and clearer Government advice about the realities of setting up a community co-operative and putting a bid together.

I would be interested if the Minister told us what progress the asset transfer unit has made on coming up with a genuine package of guidance and support for communities that wish to do that.

My big idea, which I have shared with the Minister, is a moratorium. Imitation is the sincerest form of flattery, and I have taken the Government’s idea for a moratorium and extended it. It would be possible and desirable to have a moratorium before any permanent change of use or demolition. Six months would be a reasonable period and would allow us to see whether other companies or individuals wanted to buy the pub. It is a scandal that there are often companies knocking at the door that want to take on the pub, but they are simply not allowed to do so.

As the save the pub group has consistently said since its formation, two things should happen in this six-month period. First, there needs to be a genuine, independent community consultation, which must be carried out by the local authority, as the planning authority. Some developers put surveys through people’s doors with leading questions—we are all politicians, so we know about leading questions—and the answers are presented as the community’s view. People are asked, “Do you think Otley needs more care homes?” or “Do you think old people should have a good quality of life?”, and when they say yes, the developer says, “There you go. Everyone wants a care home instead of a pub.” There must be genuine consultation to establish the will of the local community and the need for the pub.

There should also be a proper, independent viability test of the pub. Some councils have the courage to carry out such tests, although it is mainly rural councils at the moment. In the case of The Summercross, the developers’ agents prepared a huge glossy document and presented it to the plans panel, saying that it proved that the pub was not viable. How can someone prove that a pub is not viable when it was trading profitably in the years before? That is absolutely absurd. There must be an independent viability study, which should, again, be carried out by the local authority, as the planning authority. There is also the CAMRA viability study, so a model exists, and I hope the Minister will consider suggesting it in guidance to local authorities when they put their policies in place. In that respect, I hope that Leeds city council and others will finally get round to doing that, so that 40% of councils are no longer without policies on pubs.

My moratorium could work in two ways. The Minister and I have discussed this, and I realise that he has views about how the moratorium could work, but I want to give him two other suggestions. The six-month moratorium could be part of the forthcoming national planning policy strategy, which could suggest what should happen in the case of conversions from A3. It could also be covered in supplementary guidance to councils that are putting together supplementary planning policies.

Another suggestion that I have already raised with the Minister, and which I know would take some work, would be to look at whether we need a separate definition of a community pub and whether such a definition is possible. We would need a proper study to see whether we could separate community pubs, which clearly have a community function, from a lot of bars and nightclubs, which do not. It would be exciting if that was possible, because it could lead to a different rateable value. As one of my colleagues said, community pubs sometimes, but often do not, get sufficient payback from their community work and the community role that they play.

[Justin Tomlinson (North Swindon) (Con)]

I am delighted to support that point. All too often, the community pubs my hon. Friend is referring to are the last standing community facility in the local area. All too often when I am in an area, I will see the former post office, the former dairy and the former school house. It is right to separate community pubs from the rest of the trade because they have an additional role to play in the market.

[Greg Mulholland]

I thank my hon. Friend. I hope that he will help me, CAMRA and the Institute for Public Policy Research, which is looking at this issue, to see whether that would be possible. Such a step would make it easier in planning law to do some of the things that we want. I hope the Minister and his team will seriously consider that point and that it will be part of the dialogue we have.

Even without such a change, it is possible, as I said, to require any change of use from A4 or any demolition to involve a moratorium that includes the three things I mentioned: allowing the pub to continue where there is a genuine business and making sure, if not requiring, that the genuine, independent market value be considered; holding community consultation; and carrying out a viability test.

Finally on the suggestions from me and the save the pub group, let me return to pub listings. We still have a few wonderful pub interiors, and I am glad to say that there are a number in London, which it is worth going to see. They are important to tourists, who will walk into a pub such as The Mitre and realise that such things are unique to this country. We should be proud of that.

--- Later in debate ---

[Greg Mulholland]

I thank the hon. Gentleman. We work closely together, because the all-party save the pub group works closely with the all-party beer group, of which he is the vice-chairman, and we look forward to continuing with that. He is right to say that viability is a key issue. He is right to say that some pubs are opening; but sometimes that is used as an excuse to close other pubs that owners or pub companies want to dispose of because of their huge indebtedness, some of which they need to claw back to please their shareholders and foreign creditors.

The issue that the hon. Gentleman raised is important, but there was a case in Otley where a brand new pub opened—a wonderful little free house called the Old Cock—because it was not possible for Lee and Linda, who run it, to get one of the pubs owned by the pub company. They had to set a pub up in what used to be a café, and now offer a wonderful range of independent beers that they could not afford to buy through the pub company. That is why I say to the Minister that there is no free market or way to do that. The tragedy is that The Woolpack, which I have already mentioned, is a mere 50 yards from the Old Cock. If the system worked, Lee and Linda would have bought it, and would be operating that free house from its wonderful historic building. Instead, it has closed and is being converted. The Old Cock is a brand new pub. All I am saying is that we need to assess viability and first ask communities whether pubs are still wanted. That would answer all the problems that we agree exist.

As to my questions to the Minister, I want to nail him down—not today—on whether he agrees with, and whether he and the Government will commit to, the principle that no profitable and wanted pub should be permanently closed against the wish of the community, without that community having any chance of a say on its future. To me, that is the overriding fundamental principle that we must get to as a localist and decentralising Government—and, hopefully, a pro-pub Government. I also ask the Minister to provide an assurance today, if he can, that the Government are committed to extending planning control to cover the demolition of pubs, as he has suggested he is minded to do. Will he also seriously consider doing the obvious thing and making an A4 use class order subject to planning permission for any change of use? That would make a big difference and stop conversions to Tescos, betting shops, restaurants and cafés with no community right to consult.

Will the Minister consider that the forthcoming national policy framework should include not only the idea that retaining pubs is important—it must do that, and I am sure he will ensure that it does—but the idea of a six-month moratorium? That could say, as guidance rather than diktat, that there should be a six-month period to allow other people to buy the pub and allow for the viability test and the independent community consultation. Will he seriously consider strengthening the right to buy, at the very least to prevent an owner unreasonably refusing a bid from a community? Indeed, in my opinion that should also cover a bid from a small brewery such as Wharfebank brewery in my constituency, which has just taken on its first pub. Perhaps the Minister will consider that and work with us to try to strengthen it and make it meaningful, so that communities feel it is worth putting bids together.

[Justin Tomlinson]

When new schools are built, local authorities must put competition arrangements in place to allow different organisations to bid. Those that bid are given huge amounts of advice and support, to turn enthusiasm into a practical and credible bid. I should be interested to see what support could be offered to those in the community who want to defend the community pub, to turn their enthusiasm towards finding the considerable amounts of money and huge commitment that can be needed to make that a realistic dream.