Planning for the Future

Kieran Mullan Excerpts

Tuesday 15th December 2020 Westminster Hall

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

It is a pleasure to serve under your chairmanship, Sir Charles. I congratulate the hon. Member for Richmond Park (Sarah Olney) on securing the debate. Like that of my hon. Friend the Member for North East Derbyshire (Lee Rowley), my local authority in Chester East has suffered enormously from speculative housing developments that took place because there was no local plan. They have turned a corner now and are delivering housing at a sustainable rate, but that is on the back of having had all sorts of developments go on that local people did not want, and that I do not think should have taken place.

I do want to begin by recognising the positive elements in the proposals. The emphasis on a national design code and locally produced designed guides is very welcome. For the reasons that I mentioned before, getting local plans in place all over the country is only going to be a benefit, if we can do that right.

The more certainty we have in the planning system, the fewer delays we get and the less money that is spent by taxpayers and local authorities in costly legal battles with developers about whether a development can take place. I also welcome the measures aimed at helping small and medium-sized enterprise builders and zero carbon homes. But we have to be realistic about the world into which these proposals are seeking to introduce reform. As constituency MPs, we all know that too many developers are incredibly well-resourced and have legal teams to match. While many planning and enforcement departments of local authorities are excellent, some may be found wanting because of a lack of resources, a lack of competence or a mixture of both. We need to be mindful that whatever changes will need to withstand the full force of developers’ legal teams, which all too often operate on the basis that they only have to be successful in one of the developments they are fighting for to pay the costs of the lawyers for all the others for which they are agitating to get permission.

Let us take the idea, for example, that permission might be automatically given to developments if decisions are not taken soon enough. I can see that becoming a real favourite of developers who bombard local authorities that are behind the curve, knowing that they will not get decisions done in time. Those authorities end up with lots of developments that they would not otherwise have wanted. I appreciate the Minister and the Government want to see decisions made more quickly, but some local authorities are going to suffer in that transition if we put in that kind of a big stick.

When it comes to zoning, again I can see big arguments over who has made the right or wrong decision over zones, and lawyers pushing to get more areas put into the development zones. Similarly, the decision potentially to take out councillors from more detailed decisions on planning matters means that they will be left just to officers and developer pressure. Councillors play a vital role, with their local knowledge and their representation of local people.

In other areas, I feel like the proposals are more about what they are missing—for example, on infrastructure. I do not see clearly what we will do to stop this cat-and-mouse game with developers and local authorities about when to start building infrastructure for developments that they have already built, and when they start about how quickly they finish.

There is a whole gap around NHS provision. Again and again, I see decisions on planning that never even mention provision for the NHS. We have gotten okay at getting provision for schools or highways, but the Government’s focus in this area is lacking. I would have liked to see something in the proposals to specifically address that balance. The algorithm will almost double the number of homes that my local authority is expected to build and the infrastructure for that is incredibly important.

Finally, and most importantly for me, the answer to our desire to build more homes, which is a laudable desire and on which we have already made good progress, is to get the homes built for which we already have permission. We would not need to go down the road of radically reshaping proposals. There are more than 1 million homes for which permission has been granted; every year, tens of thousands of homes get given permission. Let us make that the No. 1 focus of our proposals, then we would have everybody onside and everybody on board, wanting to deliver homes for people in a balanced way. I ask that the Minister goes away and thinks again in terms of putting forward proposals that will see homes with permission built first and foremost, before we tear up some of the institutions that help keep local decision making as a priority.

--- Later in debate ---

[Felicity Buchan]

I agree with the hon. Lady that we need more socially rented homes. As my right hon. Friend the Member for East Hampshire (Damian Hinds) said, we need a wide range of tenures across the spectrum. In my local authority, we are building 600 new homes this year. Of that, half—300—will be socially rented.

Let me indulge myself for a moment and talk about my borough, because it is slightly unique. We are the densest residential borough in the entire country. We were fully built out by 1900, and we already have a high skyline. We have just approved a 29-storey tower. Others have been approved, such as Newcombe House, which has 18 storeys. We have a huge physical constraint on our ability to build more houses in our borough. Some 73% of my borough is a conservation area, which we are delighted about. In fact, we think more of it should be a conservation area, but it brings constraints.

I want to limit my remarks to the White Paper, as opposed to the algorithm, because I have talked about the algorithm in the main Chamber. By the way, under the algorithm the housing target in my borough goes up sevenfold, relative to the December 2019 London plan, which has not gone through yet. 

Let me focus on the White Paper. I think that local engagement in planning and local democracy are absolutely critical. I have spent one year in this place, and the more time I spend here, the more I believe in local democracy, since local authorities are closest to the people.

The current plan in the White Paper is that there will be local engagement in the plan for a growth zone, but it is up front, and once the plan is formulated there is no need for specific planning permission. I am very concerned about that. Although I have great residents associations and the Kensington Society, which work very hard and will submit input at that stage, the vast majority of people comment only when they know about a specific development on their doorstep. My constituents and residents will be up in arms if they find out that 18 months ago a plan was approved that they were not aware of and certainly did not give any feedback on, and now they simply have to suffer the consequences.

[Dr Mullan]

Particularly in transient populations, which we see a lot in London, people who move into an area long after the consultation took place will have no opportunity to comment even if they were inclined to.

[Felicity Buchan]

That is an exceptionally good point. The other point I want to make about local plans being decided up front, with no subsequent planning permission, is that they cover a period of three years, and we all know how volatile the housing market has been over the course of the past three years. What was planned a few years ago at one of the two brownfield sites in my constituency—the Earl’s Court exhibition site—is definitely not what is being considered today. It is very important that we do not have one plan that stays in place for three years.

The other point that I want to make is also about localism. We should not have a standard national plan that every local authority adopts. We need the ability to adapt each plan to the local authority. I will give hon. Members an example from my local authority. We have fought very hard on basements, and we now allow only one additional basement. On my street a few years ago, a house went down three additional basements underneath lower ground floor level. Goodness—the terrace could fall down, but never mind. It is very important that local authorities can tailor things to their individual communities. There are good things in the White Paper. The move to digital first must be recommended, as must the move to beauty in design—although one person’s beauty can be another person’s something else.

[Ms Nusrat Ghani in the Chair]

Arcadia and Debenhams: Business Support and Job Retention

Kieran Mullan Excerpts

Wednesday 2nd December 2020 Commons Chamber

[Paul Scully]

We are keeping our high streets viable by giving people business rates relief and giving businesses a moratorium to make sure they cannot be evicted and cannot be chased for rent debts, but, most importantly, by keeping retail open in all three tiers so that they can actually trade their way out of this. What they want is not handouts, ideally, although they do need the support; they want customers. They want customers for long- term support.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

But our high streets need all the help that they can get, and the towns of Crewe and Nantwich are facing the highest parking charges in the region, while other towns in the area face none. Would the Minister agree that the local authority should at least ensure there is a level playing field, and perhaps reconsider its decision to reject some initiatives for December to introduce free parking to encourage people back on to the high street?

[Paul Scully]

I thank my hon. Friend, and he is absolutely right. When people are bringing back their heavy bags—after a long evening’s shopping, hopefully, in the lead-up to Christmas—just a simple token like free parking or cheaper parking can really help drive footfall and support our local high streets.

Planning and House Building

Kieran Mullan Excerpts

Thursday 8th October 2020 Commons Chamber

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

I want to begin by saying that there are some positive elements in these proposals. The emphasis on a national design code and locally produced design guides is very welcome. Getting local plans in place all over the country is only going to be a benefit, and the idea that we should aim to create more certainty about what is or is not allowed is welcome. Bringing consistency to infrastructure payment values is also positive, but I am afraid that I have some real concerns about some of the proposals, and, more importantly, what is missing from them.

Let us consider infrastructure and the proposed community infrastructure levy. If payments are only made at occupation, how are we going to ensure that infrastructure is there for people from day one? I am sure that most Members here have experienced a situation where three quarters of a new housing estate is built and occupied, but the amenities promised to residents are still nowhere to be seen. We want to encourage more developments, but a lot of small developments could add up to a big impact on communities, so that must not be an absolute get-out.

I am not clear from the proposals whether we are going to fix what I see as a big part of the challenge: deciding how the funds are spent. Look at the NHS, for example. I am afraid that it is all too common for consideration of the NHS to be entirely absent from planning decisions. I am not clear how changing the levy is going to address that. I shared the incredible frustration of residents in my constituency, who saw a housing development approved by the Government despite it being against the local plan and the neighbourhood plan in a local authority with more than a seven-year housing supply. There was not one mention of the NHS in the Government’s decision or the inspector’s original report, despite the fact that Leighton Hospital has seen an incredible increase in demand and attendances at A&E. In fact, a recent decision by the Government around planning said that as long as the NHS has fed into the local plan, that is all that needs to be done to take it into account. That shows a misunderstanding of how the NHS plans for and responds to consultations, and estimates demand locally. I would like to understand more about how these issues are going to be tackled in practical terms.

We must also be frank about the behaviour of the companies involved in the industry. As constituency MPs, we all know that too many big developers do not act in good faith or reasonably, and that they use every possible opportunity, opening or excuse to get their way. Importantly, they can afford to employ entire legal teams purely for the purposes of getting what they want, and they will keep going and going. Local planning authorities need to win their arguments every single time. Developers only need to win once. I want to touch on the suggestion that permission might be given automatically if decisions are taken after a certain length of time; I can see that becoming a favourite of developers, who will target local authorities that are behind the curve.

I recognise the desire to build more homes. That is the right thing in the long term. But my plea to the Government is that our focus should be on what is barely mentioned in the proposals, which is getting build-out rates up and stopping land banking. More than a million homes are available to people through planning permission that has already been given. Why are we going down a route that is likely to cause upset and tear up some local decision making when we could tackle the issue through that existing route?

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Sadly, we have to come to the wind-ups now—I apologise to the 28 Members who were unable to get in on this debate. That shows you what an important subject matter it is. With Westminster Hall now being fully operational, perhaps there will be many more opportunities for the Minister to address the concerns of Members.

Oral Answers to Questions

Kieran Mullan Excerpts

Monday 5th October 2020 Commons Chamber

[Robert Jenrick]

I work closely with the devolved Administrations on housing matters, and I am open to any representation from the Housing Minister in Scotland. As far as I am aware, we have had no representation whatsoever.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

  In Crewe and Nantwich, we have seen recently another example of planning permission being given for a housing development without sufficient consideration of the impact on the local NHS, which really causes concern among my residents, especially as the development went against both the neighbourhood plan and the local plan. What more can we do to ensure that the impact on NHS services is more consistently taken into account in planning decisions?

[Robert Jenrick]

The decision to which my hon. Friend refers is now being challenged in court, so it would not be appropriate for me to comment while those proceedings are live. None the less, he makes an extremely important point that people across the country want to see infrastructure flowing with new housing, whether that be hospitals, GP surgeries or schools. I would highlight that, in our planning reforms, our new infrastructure levy will drive more investment in infrastructure—both social infrastructure and physical infrastructure—in the years to come.

United Kingdom Internal Market Bill

Kieran Mullan Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 29th September 2020 Commons Chamber

[Colum Eastwood]

I fully agree with the hon. Member for Ynys Môn (Virginia Crosbie) that it is time to speak on behalf of our constituents. That is why I absolutely and totally reject the Bill.

The Bill is an assault on international law; it is an attack on devolution; and it is a pretty stupid way to negotiate. There are some very valiant attempts to amend the Bill— in particular, new clauses 1 and 6 and amendment 16. They are designed to protect the withdrawal agreement and our human rights obligations and to rail against the blatant desire to break international law. We will play the parliamentary game and support those amendments, but it is my firm view that the responsibility rests with the Government: it is not too late to withdraw the Bill and stop playing such silly games on this critical issue.

Some people in this House think we have just arrived in this Chamber. They need to understand that we have been coming here for centuries. We have seen it all. When we hear hon. Members aghast that the British Government intend to break the law, well, we know better. We are not surprised. From the Peel laws to partition, from Cromwell to collusion, famine and internment, and two Bloody Sundays, we know all about Britain’s adherence to the rule of law. We also know about other outrages. We remember Birmingham and Brighton, Guildford and Warrington, Mullaghmore and Enniskillen, and we are shamed by it all. The reason I mention those events is not that I want to live in the past but that I do not want to go back to it.

It took 20 years to negotiate, but in 1998 our people decided to come together, to look to the future, to decide and vow that never again would we live with violence and destruction. That peace was hard-won, and we are not about to lose it. It has to be minded, protected and nurtured. Brexit itself is an attack on our civility, on our progress. A hard Brexit would be disastrous for us. Of course, that was all recognised and understood by the Prime Minister only a few months ago. That is why he negotiated, signed and lauded the protocol all around the world. Then the Prime Minister sends a man into the television studios to tell us that

“these clauses are a safety net”.

Well, the Chancellor of the Duchy of wherever he is from also said some years ago that the Good Friday agreement was a “moral stain” and a “humiliation”. That gives us some confidence.

How can the European side negotiate with a Government who are pushing through Parliament a Bill that undermines the last deal it did with them? We on these Benches will always be suspicious, but if the Government want to give the people of Northern Ireland any comfort at all that they will be protected, they should withdraw the Bill now and begin negotiating like adults.

If the Bill is not withdrawn, I am absolutely confident that no deal that is done between the Government and the European Commission will pass the European Parliament or even the European Council. That is what our friends across Europe are telling us, so I ask the Government to please stop playing games with something that is far too precious to be messed with.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

I rise to speak in opposition to new clause 1, which as with some of the previous amendments tabled by Labour, shows how little Opposition Members have learnt from the election last year and the tortuous events leading up to it. Yet again, they are failing to put the UK first.

In the past few weeks, I have occasionally felt like I must have stepped through a time machine. Again, this country is at a crucial stage of negotiations with the EU. Although I am sure that the people of the EU and their national Governments do not wish us any ill will, parts of the EU bureaucracy inevitably want to be sure that the UK visibly struggles as we stand on our own two feet. Heaven forbid that we should be seen to make a success of Brexit and give other people ideas. Our negotiating team are doing everything they can to secure the best deal for the country—the entire country— and again, they need the full weight of the Government, Parliament and the country behind them. We need to have their back.

That is where we see, once more, what I can only describe as a warped approach by some who take everything the EU briefs out at face value. Barnier says, “Jump,” and the Opposition ask, “How high?” Conversely, everything our team says must be a half truth, a ruse and not to be trusted. We cannot rely on many things in politics, but the EU can always rely on one thing: in this place, there will always be people who give the EU team the benefit of the doubt and find a smoking gun in everything that the Government say and that David Frost and his team are putting forward.

Not once in her remarks did the hon. Member for Manchester Central (Lucy Powell) do anything other than fall in wholesale behind the line emanating from Brussels. No wonder the British people decided well and truly to plant their feet on this side of the House last year. I am glad that David Frost was able to come to the Government, explain the unreasonable negotiating tactics being used by the EU and see the Government act quickly and decisively to support him and his negotiating team. The Bill will ensure that we protect the interests of the UK, and by doing that, importantly, it will increase the chance that we can secure a deal in the interests of the UK and the EU.

When we are negotiating, the biggest risk comes from the other side thinking that we do not mean business. To suggest that we might not have third-country status was clearly a hardball negotiating tactic—a misplaced and ill-judged one—but with the readiness of Opposition MPs to jump in behind the EU line, is it any surprise that the EU thought it might work? The Bill makes it clear that it will not. Sadly, by tabling new clause 1, the Opposition are buying into that negotiation tactic, grabbing it with both hands and, yet again, making it harder for the country to secure a good deal.

The arguments about international law have been extensive. I welcome the consensus that we have reached with hon. and learned Friends that the powers in the Bill will be used if, and only if, the EU breaches its legal obligations to act in good faith. New clause 1 is completely unnecessary. The rest of the world will be able to see for itself whether this country remains one with which it can do business. I welcome the remarks of the Australian high commissioner to the UK, George Brandis, who insisted that the UK remains a trusted partner.

As we have done already, for the rest of the negotiations we should listen and compromise. We have left the EU, but we have not left Europe. Fundamentally, the Bill seeks to ensure that businesses across the UK can be supported, can thrive and can help the UK to make a success of Brexit. We are putting the UK first. All hon. Members should welcome that, reject amendments that undermine our negotiating team and, for once, pull together on behalf of the British people in the face of EU intransigence.

[Mhairi Black (Paisley and Renfrewshire South) (SNP)]

Devolution has allowed us in Scotland to carve out a path that is different to that of the rest of the UK wherever necessary for the past 20 years. To understand exactly how this Bill attacks devolution, we need to read only clause 46, which states:

“A Minister of the Crown may…provide financial assistance to any person for…infrastructure”.

Subsection (2) goes on to say that infrastructure includes: health, education, transport, court and prison facilities, housing, water, electricity and the provision of heat. The Bill will allow UK Ministers to dictate and spend money wherever they like and in whatever devolved area they want, as long as it can be justified as they deem it to “directly or indirectly” benefit any area of the UK. We already know that the reality of that is Tory Governments funnelling millions into marginal Tory seats, as opposed to the areas that need it. I wondered why they had specifically included things such as heat and electricity and water, and then I remembered that the only reason why we are able to have publicly owned fresh water in Scotland is that the Scottish Parliament has made it so.

The Bill will explicitly give any Minister of the Crown permission to run riot with the very assets of Scotland that our Scottish Parliament has protected, and nowhere in the Bill—nowhere—does it state that permission must be obtained from the devolved Governments to do so. I have watched this Parliament hand over £40 million for ferries to a company that did not own any ferries. Are we really supposed to expect and rely on this Government to spend money on our behalf? Let us be clear: this would not be some benevolent donation to Scotland from Westminster, because clause 47 says that financial assistance may be subject to conditions, including repayment. We will be expected to pay back money that we never even spent. That is like being asked to take out a car loan even though you cannae drive.

To those who say that we are represented here and that we can change things, I say this: we have tried and we are outvoted at every turn. This gets to the crux of why independence is the only option left for Scotland. Let me give some context: Scotland has 59 MPs and the city of London 73 MPs. This is a Union that England dominates. The only reason why there is not an English Parliament is that the people in Westminster view this place as the English Parliament. We cannot afford to be naive. The only way to protect our Parliament is to become independent.

We regularly hear the Tories brag about how we have the most powerful devolved Parliament in the world, but I have a new thing for them to brag about: the UK is in the Guinness book of records as the country from which most countries have gained independence. Since 1939, 62 countries have gained independence from Westminster and not a single one has asked to come back. Only one country decided to stay and look where we are. In 2014, the idea of Boris Johnson as Prime Minister was a warning. Now, it is a reality.

The Bill provides a framework to allow Westminster to bypass the Scottish Parliament in the hope that we do not notice it, but we are noticing it. It took us 300 years to get our Scottish Parliament and 20 years for this place to put a bulldozer right through it—