Kit Malthouse
Main Page: Kit Malthouse (Conservative - North West Hampshire)Neighbourhood Planning Bill
Kit Malthouse ExcerptsMonday 10th October 2016
(7 years, 6 months ago)
Commons ChamberRead Full debate Neighbourhood Planning Act 2017 Read Hansard Text
Kit Malthouse (North West Hampshire) (Con)
Beneath the thatch and clay tiles, in the shady byways and cobbled marketplaces of North West Hampshire, people are breathing a little easier as this Bill starts its passage. I would go so far as to say that on the village hall wall, next to the portrait of the Queen and the newly hoisted portrait of the Minister with responsibility for broadband, my right hon. Friend the Member for West Suffolk (Matt Hancock), they are making space for a picture of the Minister for Housing and Planning, because he has finally taken a big step in bringing some sanity to what has previously been a gamble of a planning system.
We managed to get ourselves into a high-stakes game of poker between developers, councils, landowners and the Planning Inspectorate, and the compromise that emerged was often unsatisfactory to local residents, extremely expensive, and bureaucratic. That injected a sense of tension and an adversarial tone into the planning system, which should be constructive, in all senses of the word, and try to build the homes that we need.
The Government’s great peace offering to local people was the neighbourhood plan. Nowhere has embraced neighbourhood planning as strongly as my constituency, and the string of pearls running down the A303 from Oakley, Overton and Whitchurch down to Andover. We are destined to take tens of thousands of houses there over the next 20 or 30 years. Those places are embracing neighbourhood planning as the only way that they can see of making sure that planning is done with them, rather than to them.
Notwithstanding that, some ridiculous decisions have been taken in my constituency over the last year or so. In Oakley, just seven days before the referendum on the neighbourhood plan, which had been three years in the making, the Planning Inspectorate allowed an appeal for a slab development of 80 houses, which drove a coach and horses through the plan. The community might as well not have bothered. At that stage, people in the village had already voted by post, yet they knew that permission had gone through. I am very pleased that this Minister and his predecessor took on board the concerns of lots of Members, particularly rural Members, about the need to strengthen such plans.
I would like to raise with the Minister a couple of areas where the Bill could be given even greater strength. The interaction of the different actors I mentioned and the interaction between neighbourhood plans and local plans are absolutely key. Many Members have talked about providing some kind of stick to make sure that councils have a local plan in place. Thus far, neighbourhood plans are pretty pointless without the local plan being in place. Too many councils do not have them.
I wonder whether we could offer councils an incentive, rather than a stick. Where a village has put a neighbourhood plan together and it has been approved, where a borough has a local plan that has been approved, and where there is a five-year land supply, there should be a double lock, whereby the Planning Inspectorate has no remit. These people are playing ball. They have said, “Yes, we will take the houses. This is where we want them, and this is the size and mix we want.” That has all been approved by the Planning Inspectorate, so why should a speculative developer, with an ability to pay legal fees and for hearings, and with QCs on tap, be able to come along and bully the council into reaching some kind of compromise? The council knows that if it goes to the Planning Inspectorate, the decision may not go its way, and is worried about the fines it faces if it loses. A double lock would be a way of freeing people from the man in the suit from Bristol; that would be an enormous incentive. There would certainly be a huge amount of pressure from local residents on borough councils to get a neighbourhood plan, so as to protect the residents. I put that proposal on the Minister’s plate.
My second point is on getting local people to accept housing estates. Neighbourhood planning certainly makes people much more accepting of housing, but the Government’s admirable starter homes scheme could be used to get even more acceptance. When starter homes are built as part of a development—I will have a huge development with lots of starter homes outside Basingstoke in my constituency—anybody from anywhere in the country can apply for them. How about we give local people a short period of perhaps 28 days after completion in which they have first dibs on the houses built in their neighbourhood? That way, the children and relatives of local people—people who can prove a local connection—could snap up those houses first. It would go a long way to getting people over the line, particularly as regards the large-scale developments I will have, if they have that incentive, on a generational basis.
My final point, which I would be grateful if the Minister could address, is on the provision of broadband in new developments. I raised the issue in debates on the Digital Economy Bill. It seems mad to me that we are not putting broadband compulsorily into new developments, as we would gas and electricity.
Kevin Hollinrake
My hon. Friend makes a fine point. When he refers to broadband, is he talking about fibre to cabinet, or fibre to premises? Is not the latter the key future-proof mechanism we need to enable properties to access high-speed broadband?
Kit Malthouse
My hon. Friend shows his customary ambition. I agree that we should make developers provide fibre to premises in all developments, particularly large ones. The Government are pumping billions into the housing industry over the next few years—rightly, because we need more houses. That will inflate the housing industry, and there will be a lot more activity and a lot more money to be made. The least developers could do is absorb the cost of putting future-proofed broadband in those houses. If we can get those measures into this great Bill, we will have something that neighbourhoods, particularly in North West Hampshire, will welcome. They will wave aloft the Bill as they hoist the Minister’s portrait in the village hall.
Kit Malthouse
Main Page: Kit Malthouse (Conservative - North West Hampshire)Neighbourhood Planning Bill (First sitting)
Kit Malthouse ExcerptsTuesday 18th October 2016
(7 years, 6 months ago)
Public Bill CommitteesRead Full debate Neighbourhood Planning Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 18 October 2016 - (18 Oct 2016)
Kit Malthouse (North West Hampshire) (Con)
I draw the Committee’s attention to my entry in the Register of Members’ Financial Interests. I am the majority shareholder of a company that provides finance for construction equipment.
The Minister for Housing and Planning (Gavin Barwell)
I employ two local authority members in my parliamentary and constituency office. For the record, I should probably also say that one of the witnesses is the leader of the council in my local area.
Examination of Witnesses
Andrew Whitaker, Roy Pinnock, Andrew Dixon and Ross Murray gave evidence.
Helen Hayes
Q I have a further question for Duncan Wilson. You mentioned concerns about archaeology. It seems there have been indications from the Government that some assurance might be provided around the question of archaeology, and we will wait to see what comes forward in that regard. Are there other areas of heritage about which you have potential concerns relating to pre-commencement planning conditions?
Duncan Wilson: Less severe ones. A number of concerns were raised in the context of the Housing and Planning Act that were perhaps more significant than in relation to this particular clause, other than for archaeology. Our concerns on brownfield land, design, massing and density are not really centre stage, as I understand, with pre-commencement conditions here.
Kit Malthouse
Q Obviously, the Government are trying to strengthen neighbourhood plans in the Bill. Do you think the provisions they have in there at the moment are likely to eliminate the erratic decision making from the Planning Inspectorate that we have seen with regard to neighbourhood plans?
Hugh Ellis: They go some way. The relationship between neighbourhood plans and local plans in law is still really quite problematic. There is a direction of travel question about whether or not we end up with a full coverage of neighbourhood plans and in some sense an idea that they might replace local plans. That is talked about but it is important to get that right.
There are a range of challenges. For example, the neighbourhood planning process is producing neighbourhood plans of variable coverage, predominantly in areas with the social and economic capital to prepare them. In law, neighbourhood plans escape a number of the placemaking duties that the wider planning system has applied; those on good design, for example, in law, do not apply to neighbourhood planning but do apply to local plans. I think these measures try, do they not, to fill some of those loopholes in relation to the status of an unadopted neighbourhood plan as it comes through the process, which might help solve part of that appeal process.
For us there is still a wider issue about how the system will work as a whole and the friction that is inevitably produced by neighbourhood plans coming forward in advance of a local plan; the different legal status between the two plans; and ultimately the adoption of a neighbourhood plan as part of the development plan. Part of this debate could very usefully settle what the vision is for neighbourhood planning. Is the idea that the neighbourhood plan ultimately becomes the key lodestone of the English planning process with local plans doing something else, or are local plans going to remain intact? That is a very important question going forward, because many neighbourhood plans are not dealing with the full range of placemaking issues that we need to resolve. That is perfectly fine because communities have a measure of choice about what they do with them, but in relation to good design, flood risk and climate change, for example, those issues are not well represented in the content of neighbourhood plans. So, this is a step; I am not sure it resolves the full range of legal issues that we are confronted with between neighbourhood and local plan status.
Kit Malthouse
Q So in your view, even if this provision goes through and a post-examination neighbourhood plan is given full weight in a planning application, in the absence of an approved local plan, do you still think we are likely to see neighbourhood plans effectively upended?
Hugh Ellis: You can still see neighbourhood plans upended because of the tensions that exist about whether we have a plan-led system, which is probably another three-hour debate. In a nutshell, the difficulty we have at the moment is that because of the tension between the national planning policy framework presumption in policy in favour of development and the legal presumption in favour of the development plan, you can find circumstances where a brand-new development plan can be rendered out of date because of its performance on five-year land supply—literally within months of adoption, rendering the entire framework of housing policy in that plan out of date. If they have adopted neighbourhood plans in support of that plan, then communities can quite understandably feel confused about that. That is a wider issue about the status of whether we have a plan-led system. For us, that balance needs some attention, to say the least.
Kit Malthouse
Q But if we do have a plan-led system, which seems to be the way that we are going, would you therefore support greater strength being given to local authorities’ ability to defend the five-year land supply?
Hugh Ellis: There is a need to end that uncertainty and it seems to me that the core issue—very crudely and very quickly—is that local development plans allocate five-year land supply but have very little influence over delivering it. The issue about joining those two things together is about other measures in play: local authorities playing a much stronger role with housing companies, and as lead and master developers. That is the way to resolve it. But the position at the moment, whereby allocations can be made and then overturned because of a deliverability issue that the local authority has no control over, needs attention. Otherwise, what happens—five-year land supply is crucial, by the way, to deliver the housing we need—is that the system becomes discredited in the public’s mind, particularly when neighbourhood plans are being overturned as a result of it.
Kit Malthouse
Q Given that the overall objective perhaps ought to be certainty for resident, council and developer alike about what is allowed where over time, if you can get to a situation where you have a post-inspection neighbourhood plan and an approved local plan—in other words, you have got two of the pillars in place—with a five-year land supply available, do you think that the role of the planning inspector in that circumstance should be diminished or not?
Hugh Ellis: That is an attractive proposition, but it is extremely difficult to see how you could remove an individual developer’s appeal rights without engaging a whole other legal debate. Whether you want to balance legal rights in the planning system between communities and applicants is a very interesting question.
Councillor Newman: I certainly would not want a position where neighbourhood plans were seen to override a local plan. I don’t think that is what you are suggesting, but the local plan does enable strategic and sustainable planning, in terms of health provision, schools or whatever, and a neighbourhood plan, by definition, is coming from a different starting point. The LGA would want to see local government having, in relation to the local plan, more powers to agree, for example, where homes should be, when they are not coming forward. That takes me back to the nearly half a million planning permissions granted that have not been acted upon as we sit here today.
As you said, it is about credibility in the system, so that the public do not start believing that their neighbourhood plan is going to have no impact or will probably be overridden, either by the local plan or by developers going to appeal. I do not have the answer sitting here, but I think it has to be about a system that has credibility—where people believe that if they make representations to their council or their Member of Parliament, although it may not always come out how they would want, the system is responsive, and respects their—there are tensions in this.
Kit Malthouse
Q On that point, is it possible for a developer to obtain a large permission in an area, and then not develop it out, and then challenge a refusal on another site in that area on the basis that a five-year land supply has not been fulfilled? That happens, right?
Hugh Ellis: Yes.
Kit Malthouse
Q That does happen. Therefore, by being patient, they are able to blow a hole in the land supply and get a permission that they otherwise would not have done, and double up.
Hugh Ellis: I would not want to comment on their motivations, but as a strict matter of policy and law, yes, absolutely that is what can happen.
Duncan Wilson: On behalf of Historic England, we do get engaged with neighbourhood plans when we are asked for advice and expertise, and it has been pretty positive, in the sense that it gives the local community a voice in a system that can seem, frankly, rather arcane otherwise. Where that has happened, we have found that neighbourhood plans have been quite strategically drawn and they have not fulfilled people’s worst fears, which were that they would be very narrowly drawn.
Angus Walker: I suppose it would be interesting to know, as Mr Ellis said, whether the intention is that the whole country will eventually be covered by neighbourhood plans. The resourcing issues that were raised earlier would be a lot worse if it were reliant on parish councils and neighbourhood forums to produce all these plans.
Kit Malthouse
Q Presumably the Bill is designed to provide that incentive. The incentive is that if you have a neighbourhood plan and it is strengthened you are more likely to have certainty about what is going to be developed in your area, so if you are bothered about development you should have a neighbourhood plan. I am interested in what you say about local plans. We hear that neighbourhood plans deliver more housing than was otherwise predicted. Is that your experience?
Hugh Ellis: It is. I think the Government produced some statistics about that. It has been one of the really positive surprises about the neighbourhood planning process. On housing, there are positive ways forward. On whether or not neighbourhood plans offer the full range of issues that planning needs to cover in a local area, the evidence we have is that they probably do not. But then, that is not what they are being set up to do. That is why I ask, is the ambition for them to be a kind of replacement for the local plan, or not? In our view, you need both. Neighbourhood plans are great at articulating community aspiration inside the local plan framework. When both work together very powerfully, that can be a very strong framework for a community.
The Chair
Q I just want to clarify for the Committee what Mr Malthouse was asking. If I understood right, Mr Malthouse was asking: if there is a neighbourhood plan, a local plan and an established five-year land supply, should there be a restriction on the right of developers to appeal?
The Chair
I was not quite sure whether the witnesses had answered that. Would everyone just say yes or no to that?
Hugh Ellis: I will try and be a bit clearer. In policy terms, you could probably strengthen that issue, but a legal restriction on an applicant’s right to appeal has always been in the legal territory of impossible because of engages of the legislation. You could certainly tighten the policy framework, but an absolute restriction on appeal is probably impossible in law.
Kit Malthouse
Main Page: Kit Malthouse (Conservative - North West Hampshire)Neighbourhood Planning Bill (Second sitting)
Kit Malthouse ExcerptsTuesday 18th October 2016
(7 years, 6 months ago)
Public Bill CommitteesRead Full debate Neighbourhood Planning Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 18 October 2016 - (18 Oct 2016)
Dr Roberta Blackman-Woods (City of Durham) (Lab)
Q 6868 Do the provisions of the Bill go far enough to support groups that want to undertake a neighbourhood plan and, in particular, does the Bill do enough to support groups in disadvantaged areas? Please address both parts of the question.
Jonathan Owen: You have probably put your finger on the most important issue facing the plans, which is how to make them credible and respected in the system, so that communities engage with and buy into them. The Bill does a lot to help with that process. I have visited lots of parish councils over the last few years and they certainly have expressed concerns about how difficult it is to revise some neighbourhood plans, and about some of the advice that they are getting from principal authorities. Some elements of the Bill will help with that, but I do not think that it tackles the fundamental issue, which is how credible the neighbourhood planning process is within the planning system as a whole. We are in danger of building a lot of expectations that will not be fulfilled.
Neighbourhood plans have been enthusiastically embraced by parishes and communities, with loads of people volunteering to help with them and 400,000 people voting in elections or referendums on them. A really good plan is produced at the end of that process, but all too often those plans are set aside on appeal, or decisions by planning authorities are taken contrary to the plans. We would like to see the Bill tightened to ensure that neighbourhood plans have more influence in the process, and so that there is a clear statement from Government about what exactly the role of neighbourhood planning is in the planning process.
Ruth Reed: Funding has already been put in place for providing plans for disadvantaged areas, but local authorities are beholden to identify and bring forward local plans and we do not yet know whether the funding is sufficient to enable that.
Where you have a clearly identified community, whether it be parishes or other well-knit communities, it is very easy to put in train the process of producing a local plan. In a city area with no clear community boundaries or, necessarily, a sense of community, plans are much harder to bring forward. I am not sure that there is anything other than the intention under previous instigations to provide funding—there is nothing necessarily in the Bill—to promote the identification of those areas and to bring them forward. It would be good to see this rolling out across all communities to give them the same access to the democratic influence in their immediate area.
Kit Malthouse (North West Hampshire) (Con)
Q Dr Owen, you said that a lot of neighbourhood plans had been overturned, or that decisions on appeal have blown a hole in the neighbourhood plan—that certainly happened in my constituency—so do you think that the provisions of the Bill will iron some of that out? Do you think that the intervention point, or the point at which the plan has more weight post-inspection, is the right moment, or could it conceivably be earlier in the process?
Jonathan Owen: I think it is helpful that the Bill proposes, in effect, giving plans influence from earlier in the process. Obviously we need to see how that works in practice, but it goes some way to address some of those concerns. We probably need during the passage of the Bill to try to press for greater clarity on the exact role of the neighbourhood plan and get some statements about the importance and significance attached to them.
Kit Malthouse
Q What do you think it should be?
Jonathan Owen: I think we should have a much more plan-led system—I am sure that will not surprise anybody. Neighbourhood plans need to sit very closely with the local plan, and together they should form a robust base on which planning decisions can be taken. The problem at the moment is that some local plans are not as developed as they might be. They do not have five-year land supplies. We have neighbourhood plans coming on stream more quickly, and they have caught the problems of the tension between the various tiers. A bit more clarity in the Bill about the respective responsibilities of those tiers and plans would be helpful.
Ruth Reed: Nothing beats having in place a local plan that is robust and that has sufficient provision for housing land supply, which it can renew throughout its life. The concern is that, if neighbourhood plans are brought forward pre-referendum immediately before local plans have been adopted, it will slow down the very necessary local plans process. The problem then is about the provisions to go back and amend neighbourhood plans. The danger is that you are disillusioning local groups that have thrown a lot of voluntary time and effort into preparing those plans. They will see the local authority, which in cities can seem quite distant—less so in the smaller authorities—wading in and changing something they hold dear because they have gone through the process of having prepared it themselves.
Kit Malthouse
Q But is it the case that, wherever you pick in the lifespan of the neighbourhood plan—from inception through to referendum—by picking a point at which you create weight, you also create a window for land speculators or developers to try to get in under the wire? Do you think the point the Government have chosen for the cut-off date—post-inspection—which is where this weight occurs, is too late? Of course, all the work is done pre-inspection. As you say, part of the mission is to make the process credible so people who are embarking on a two and possibly three-year, process do not feel their time is wasted because an application comes in just before inspection.
Ruth Reed: I do not want to run down the majority of neighbourhood plans, but they are generally prepared by voluntary work, sometimes by amateurs, and until they have gone through the inspection process they are probably not rigorous. It would be difficult to indicate to decision makers, whether the local authority or the inspectorate, that they should be given significant weight, because they have not had the thorough scrutiny of the inspectors’ examination. I personally would not bring it any further forward than that. My greater concern is that they are produced without the backing of, and without being in sync with, a local plan, which would ensure coherence and strategy across a local authority to provide housing where it is needed.
Jonathan Owen: Hopefully, the requirement in the Bill to make local planning authorities provide clear assistance to parishes should help to improve the efficacy of neighbourhood plans. My colleague is right that they are produced by volunteers, but that is a strength. They are often produced by volunteers with exceptional experience. I think that the earlier in the process they have a robust position, the better.
Kit Malthouse
Q Thank you. You have both referred to the importance of the local plan. Obviously, a neighbourhood plan is hampered in the absence of an overarching local plan with a five-year land supply. That is not the fault of the area that has put the neighbourhood plan in place. Do you think there is scope in the Bill or elsewhere to create some kind of compulsion on local authorities to have a plan in place? Some of them seem to take their time.
Ruth Reed: I believe that has already been addressed by the Local Plans Expert Group. I understand that the Minister has already made some comments about that. It would be extremely desirable for there to be some mechanism to make it a statutory obligation to have a local plan in place. Presumably, that should include a robust way of reviewing the five-year land supply to ensure it continues to be effective and not out of date throughout its lifespan.
Jonathan Owen: I agree very much with that. We would also like to see some certainty about how the community infrastructure levy will operate, and perhaps a time limit for getting those schemes in place. Again, one of the things that I hope the Bill will do is incentivise local communities to take control of their places and develop neighbourhood plans, but they need to see some reward for that, and I think that a share of the community infrastructure levy is a key element. The National Association of Local Councils is pushing for that to be increased from 25% to 35% where an approved neighbourhood plan is in place, which would help incentivise and perhaps persuade some communities, including some of the more deprived ones, to see the benefits of having a plan in place.
Kit Malthouse
Q On that notion of having a neighbourhood plan and a local plan, probably the most feared organisation in my constituency is not the Inland Revenue or the police, but the Planning Inspectorate. When a neighbourhood plan that has been through a referendum is in place and a local plan has been approved and has a five-year land supply, do you believe that there should be some restrictions on the jurisdiction of the Planning Inspectorate in such circumstances?
Ruth Reed: The Planning Inspectorate has a duty to make decisions in accordance with the development plan and other material considerations, one of which is national policy. I do not think that it is pushing a particular agenda; it is merely carrying out its duties. I declare an interest: I was an inspector.
Jonathan Owen: I think we would like to see some process perhaps to review the decision of those inspectors. We are calling for a right to be heard, or a right of appeal, so that where decisions are taken contrary to a neighbourhood plan and a local plan, people may have some reference to the Secretary of State or Minister to take a final view on the thing. It is really important that we have consistency across the piece, and that communities developing neighbourhood plans are confident that when they do the work, backed up by a local plan, those plans will have real importance and significance. If they do not, people will ask, “Why bother volunteering time to do these things?” Why bother to spend a lot of time on how to accommodate more housing and more growth in your community if those considerations are set aside for all sorts of complicated legal reasons that the planning system always seems capable of throwing up?
Ruth Reed: May I make a technical point there? The inspectorate is the Secretary of State—it stands in the shoes of the Secretary of State—and the recourse is a section 288 challenge.
Kit Malthouse
Q Yes, I understand that. All MPs can, pretty much, point to inexplicable decisions by the Planning Inspectorate in their area. One of the things that alarms local communities is this notion that the decisions made seem broadly random. I guess what I am trying to fish for is whether there is some way for an area that can prove it is playing ball, is providing housing and has its plans in place, to have the planning inspector say to a developer, “Well, don’t even bother asking, because we are not going to participate”.
Ruth Reed: Every group can be an appellant and has the right to appeal to the Secretary of State, so it would be undemocratic to deny people the opportunity, whether they be housing developers or individuals. Everyone has a right to appeal.
The Chair
Q It is a very important point that Mr Malthouse is making, but may we just be clear that if there is a neighbourhood plan, a local plan and a five-year land supply, you still think that the developers should have the right to appeal to the Planning Inspectorate?
Ruth Reed: If everything is in place, the developer’s case would not have any weight.
The Chair
But do you think they should have the right to appeal?
Ruth Reed: Everyone should have the right to appeal; they do not have the right to succeed.
Kit Malthouse
Q When you say “everyone” should have the right to appeal, you do not mean the residents.
Ruth Reed: Everyone who has had a decision made—no, I am not talking about third parties. I am talking about planning refusals under section 78. Anybody who has had a refusal is allowed to appeal the decision—appellants themselves may appeal the refusal, whoever they are.
Kit Malthouse
Q I understand, but you said that was of democratic importance—
Ruth Reed: Yes—
Kit Malthouse
Q But obviously a lot of residents believe the system is one-sided, because they cannot appeal an appeal that is allowed.
Ruth Reed: If there is a material error of process, they may ask the local authority to take it up as a 288 challenge in the High Court.
Kit Malthouse
Q Okay. My final question is on neighbourhood plans and the areas, to which you alluded earlier. Do you think that neighbourhood plans could be put in place by self-defined areas?
Ruth Reed: My understanding was that you could put forward an area and have it accepted. That is, to a degree, self-defining.
Helen Hayes (Dulwich and West Norwood) (Lab)
Q May I have your views on the availability and level of resources to support communities that want to undertake neighbourhood planning? What more could be done to enable and encourage neighbourhood planning in more deprived communities and in areas of high housing need, for example, where there are voices that might not be heard in the planning process, but that might stand to benefit from the neighbourhood planning process?
Ruth Reed: I personally believe that there should be a proactive role for local authorities to instigate and identify neighbourhoods, and put in train a process. There should also be an opportunity to financially enable not only the technical aspects of planning, but—on behalf of the Royal Institute of British Architects—to provide design capacity to enable them to input well-worded design policies, and even design codes so that individual neighbourhoods can give expression to the kind of development that they would like to see, and to make it real to them. We believe that there may now be financial provision for this. One of the problems in planning is that it is a paper, two-dimensional base exercise. Sometimes you need people like architects to make it real and three-dimensional and to be able to explain what it would look like, using models or digital models.
Jonathan Owen: The pump-priming funding provided by the Government to support neighbourhood plan development has been an element that has encouraged parish councils to get involved, and it has driven neighbourhood planning of the 2,000 plans that have been produced. Parishes have led 90% of them, so they are embracing that opportunity, and I would like that to continue. The element in the Bill requiring planning authorities to identify the kind of advice that they would provide to groups and draw up neighbourhood plans is helpful. Where it falls a bit short is where it does not set out what is required or expected by the local planning authority.
We would like to see something more formal by way of either a statutory memorandum of understanding or a code of practice relating to what might be expected of the local planning authority in terms of helping with community involvement, helping them to access the principal authority website to do consultation work on it and that kind of thing, rather than just a basic entitlement. So it would be a mix of hard cash and softer things that could be provided by the planning authority. I know that would cost them money, and there was a good debate this morning about planning authority resources.
Kit Malthouse
Q Minister, you will have gathered from my line of questioning that I am concerned about protection for neighbourhood plans. I am pleased to see what is in the Bill, but part of the genesis of the Bill with the previous Minister was, I think, a case in Oakley in my constituency where an appeal was allowed five or six days before the referendum on the neighbourhood plan, notwithstanding that even at that late stage, under existing planning regulations, the plan was meant to have been taken into account. Why will this be any better?
Gavin Barwell: The honest answer is that this will not solve the problem in that very specific case, because as I understand it that appeal was determined days before the examination—
Kit Malthouse
No, before the referendum. It was post-examination.
Gavin Barwell: In that case it would help. This will make it clear in statute that some weight should be given to that emerging neighbourhood plan, because it had been through examination. So the inspector who was determining that particular appeal would be required by statute to give some weight to that emerging local plan.
What I cannot do—this is a complex area and it is important that I am entirely open with Members about the balance here—is give a guarantee. You will know that when any planning committee or inspector—or indeed I as Minister—takes decisions on planning applications, they have to look at all the material considerations. What the local plan says is an important material consideration What the relevant emerging neighbourhood plan says is an important material consideration. The views of the people who live in the area are a relevant material consideration. The national planning policy framework is a relevant consideration, and there may be other ones in particular cases. All those things have to be weighed, and I know from the cases that cross my desk every week that sometimes they are weighed in a way that would support the neighbourhood plan. You cannot guarantee that that will always be the case, but this change in the law would help in that situation because it would give some weight to an emerging plan and would ensure that, immediately a referendum is held, the plan is in place, whereas at the moment there is a period of time that you have to wait for the council to make the plan.
Kit Malthouse
Q Once this is in place, and hopefully it will go through—I do not know whether anybody has ever done any work on the consistency of decisions. Talking to colleagues, it is apparent that decisions about whether neighbourhood plans are given weight are a bit random, which is part of the problem with the rather wide definition of “giving weight.” It does not really mean anything and it seems to be at the whim of the individual inspector rather than a central policy. Once the planning inspector has had a look at the plan, it has been approved and gone through all the checking in Bristol, or wherever it goes, they should be broadly happy. That means it should be predictable that any appeal will not be allowed against the decision of what might be a different inspector, whereas in fact that is not the case. You get two different inspectors and they make different decisions.
Gavin Barwell: I would make a number of observations. I think this goes to the crux of the argument about this issue, and it is one on which we will no doubt spend a lot of time when we go through our line-by-line consideration and on Report.
Where there was a local plan that had a five-year land supply, with a neighbourhood plan beneath that, and a developer attempted a speculative application that was inconsistent with both, I would regard it as highly exceptional—you can never say “never” in planning—that such an application would be approved on appeal if it was turned down by the relevant local authority. Clearly, all the local planning policies would point against that application.
It might be useful for the hon. Gentleman to know—one of the difficulties of my job is that I never know which of my decisions have or have not been made public, so I will anonymise the place I am talking about—that I had three applications on my desk the other day, all in the same council area. The applications were affected by two different neighbourhood plans. The council concerned does not have a local plan with anything like a five-year land supply, so the presumption applies. In one case, I judged that not only was the neighbourhood plan an argument for turning down the appeal but that the application would also have eroded a key strategic gap between two settlements. There were two very strong arguments against, and in favour was the presumption for development, so I turned down the appeal.
In the other cases, although it was contrary to the neighbourhood plan, the land concerned was not green belt, prime agricultural land or anything else that you could give weight to, so I allowed the appeals on the basis of the presumption. That is what we mean when we talk about giving weight to different things. Although it is difficult for us, and I have also felt the frustration that the hon. Gentleman is expressing as a constituency MP and as a local councillor in the past—I know exactly where he is coming from—we have to recognise that the planning system is quasi-judicial. In the same way that you can take a case to a court of law and a judge will rule in a certain way and then you can appeal to the Appeal Court, which might take the same evidence and come to a different judgment, it can happen in the planning system as well. The judgment of different individuals looking at a particular case can be different.
Kit Malthouse
Q I understand that parallel, other than the fact that, obviously, in the judicial system each judgment is informed by the judgment before, whether or not it is taken by a different judge. Part of the problem with the Planning Inspectorate is that that common law aspect does not seem to take place.
Gavin Barwell: The chief executive of the Planning Inspectorate is one of the people I work with. If she were sitting here, she would say to you that one of her key objectives is to try to improve the consistency of decision making. She understands the concern.
Kit Malthouse
Q Would it be possible to find out how many appeals have been allowed—I know it is early days—in areas where there are neighbourhood plans and local plans in place?
Gavin Barwell: Where there are both?
Kit Malthouse
Yes, so we can see whether, as you say, this is exceptional or whether it is happening on a fairly regular basis.
Gavin Barwell: I will try to see whether we can find that out without disproportionate effort.
Kit Malthouse
Q That would be great. The second thing I want to ask about is the local plans. You are absolutely right about them being key. I think it is encouraging that you are going to be pushing for that in local areas. We have heard a lot of evidence today about the local plan, and the critical thing is the certainty of devising and defending a five-year land supply. There are two methods of calculation. Often you get challenged on one if you have used the other, so it might be helpful to have a single definition. I did not hear you talk, in your four things, about making five-year land supplies post-approval more defensible from a highly paid QC. Are you planning on including anything on that in the Bill?
Gavin Barwell: Those are issues more for policy than for legislation, but my hon. Friend the Member for North West Hampshire has correctly put his finger on one of the problems. It is not about not just the five-year land supply but how to objectively assess need, by which I mean how we calculate how many homes we need to build in an area. One of my key jobs over the next few months is to see whether we can find ways of taking conflict out of these processes. Can we find an objective way of calculating that need figure and identifying five-year land supply that gets rid of costly legal battles—a lot of money is currently spent on them—arguing the point with the developer who is trying to overturn a local plan? We need to have a process that attracts much more confidence, so that people know clearly where they stand.
The second issue is the one I have already alluded to, which is that if there is a change in the status of a particular site and a council therefore dips below the five-year land supply, we want to give them a window of grace where they can adjust to that, rather than them literally coming in to work one morning and finding that they are now open to speculative development, when they were not the day before.
Kit Malthouse
Q The final question from me is on whether you might consider including within the Bill a general anti-abuse clause on five-year land supply and the situation we outlined, where you can have a developer who gets permission on one site, fails to develop and challenges on another site on the basis that the five-year land supply has lapsed.
Gavin Barwell
We can certainly talk about those issues. There is a fundamental thing that we need to address in the White Paper. I am sure that one of the difficulties we will have as a Committee is that the Bill is going through Committee at the same time as we are developing some of the policy responses. I will do my best within the constraints I am under to try to keep Members informed about where we are going in policy terms and what we believe needs to be done through legislation and what can be done through changes in policy.
One of the fundamental questions that we have to apply ourselves to is that the changes that the Government have made to the planning system over the past six years have had a profound effect on the number of applications that have been granted. In the year to 30 June, our planning system in England granted permission for 277,000 homes. That is the highest figure since we started collecting the data in 2007, at the height of the boom before the great crash. The planning system in most parts of the country is granting lots of planning permissions, but there is an increasing gap—people cannot live in a planning permission—between the number of planning permissions that we are getting out of the system and the number of homes actually being built. We need to understand the cause of that gap.
My view, a few months into the job, is that there are a number of things here. Planning conditions are a factor, which is why we are trying to deal with them in the Bill, but I would not say to the Committee that they are the sole or even the dominant factor. There are issues around our utility companies and the time it takes them sometimes to put in the basic infrastructure on site that the developer needs before they start building. There are some real issues about developer behaviour, essentially.
I am interested in looking at policy vehicles that can ensure we speed up the rate at which applications get built out. One of the things that I am saying to the Home Builders Federation is, “You give me all the things that you say are slowing you up, and I will look into them. If I think there is a problem, I will deal with the problem, but once I have got through your list, I expect you to raise your game.” I am definitely interested in looking into that area, and perhaps as the Bill goes on we can talk about what the vehicles might be.
Kit Malthouse
That is encouraging. It is certainly the case that it is possible to make more money holding land and trading it than it is developing it. The other area to look at, I suggest, is developer finance, because none of them have got any balance sheets that they can use to expand their operations beyond where they are. I am grateful for the answers, Minister.
Helen Hayes
Q I have two quick questions. Can you address the concerns that Carole Reilly raised about neighbourhood forums and their lack of accountability, lack of infrastructure and resources and lack of clear identifiability to local communities? There were also issues raised—I have raised them on a number of occasions—about the intensity of resource you need genuinely to engage a diverse community in a deprived area.
Gavin Barwell: This is a real challenge and I am very open to talk to the hon. Lady, to the hon. Member for Oldham West and Royton, and to others who have an interest in this matter about how we go about doing things. As I said, there is extra funding in deprived areas that a rural parish would not get. There are also people who have expertise in this area and who can engage with groups.
There is a democratic issue; I do not think we can get around that. Clearly, if someone is in a part of the country where there are parish councils, there is an automatic accountability and legitimacy that comes from that. Although we can now have parish councils in Greater London, I think there is only one in the whole of Greater London; we do not tend to have that kind of infrastructure. So there is a challenge in making sure that the plans that come forward have that legitimacy and are genuinely owned by the whole of the community, and not by a particular group of people who have a certain interest.
If we look at the average turnout in referendums on neighbourhood plans, it is running at about a third, which is actually not that different from the kind of turnout that we would see generally in local elections. That is quite an encouraging average figure in terms of trying to ensure that there is some legitimacy—I think the hon. Lady would regard her local council as legitimate on that kind of turnout—but there is certainly more that we can look to do and I am very happy to have a dialogue with her about that.
Kit Malthouse
Main Page: Kit Malthouse (Conservative - North West Hampshire)Neighbourhood Planning Bill (Third sitting)
Kit Malthouse ExcerptsThursday 20th October 2016
(7 years, 6 months ago)
Public Bill CommitteesRead Full debate Neighbourhood Planning Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 20 October 2016 - (20 Oct 2016)
Dr Blackman-Woods
I am not trying to suggest there has been a problem in the past, but we have neighbourhood planning provisions before us in a Bill that seeks to strengthen and streamline the process of neighbourhood planning. It is the Opposition’s job to seek ways of improving the Bill and one way might be to give greater clarity and confidence to the public and all our constituents that neighbourhood plans are being effectively and efficiently examined. That provides more confidence in the process, which we are incredibly supportive of.
Kit Malthouse
I realise that the hon. Member for City of Durham is benignly motivated, but I had a horrible feeling that she might have been seized by Stockholm syndrome with regard to the planning industry. She referred quite a lot to what the planning industry had to say, but I think she misunderstands the great advantage of neighbourhood plans. They are organic community creations outside the accepted rules, shibboleths, morals and principles of the planning system. She seems in her amendments to be trying to put barriers and bureaucracy into neighbourhood plans, which they are specifically designed to overcome.
There are already safeguards in the neighbourhood planning process. When a neighbourhood plan is approved by referendum, it must go to the local council where there is democratic oversight; it must be adopted as part of the local plan before it is accepted completely; and it must be examined. By the way, I am not surprised the RTPI was willing selflessly to put itself forward as the monopoly examiners of plans for a fee, adding yet more cost to the process.
It strikes me that the hon. Lady is creating bureaucracy in the system—
Dr Blackman-Woods
May I say at the outset that I do not accept the hon. Gentleman’s characterisation of what I was seeking to do? I was seeking to get further clarity in the Minister’s legislation, not to put prescription in place. As far as I can recall, I did not mention fees for the RTPI.
Kit Malthouse
No, I accept what the hon. Lady says and I apologise. She said these are probing amendments and I was being slightly flippant, but I doubt very much whether a member of the RTPI would do the examination free. The point is that if you restrict it to just them, I imagine the fees might rise slightly. Basic economics is that the smaller the pool of people, the more fees will rise.
I acknowledged that the amendments were probing, but I am not sure what problem the hon. Lady is trying to solve. Thousands of neighbourhood plans have come forward and there are two major issues, which the Bill solves. The first is more assistance from local authorities, because obviously the plans have to conform with the local plan and they are often developed in parallel. Certainly mine were developed in parallel with the local plan. There is quite a lot of iterative process between the two and the Bill allows that. Secondly, if they are going to do this work, there should be protection in the planning system, which is also in the Bill.
Beyond that, I fear the hon. Lady is trying to create with the amendments—I accept they are probing—a sort of recreation of the whole planning system on a local scale, instead of realising that the process is organic and should be exactly that without as much restriction as the formal planning and plan development process has, notwithstanding the fact that there will be supervision by the local council.
Jim McMahon
I cannot understand why the hon. Gentleman would want to water down the integrity of this process. If it is to have any credibility in the system, it must be tested in the system. We do not want a neighbourhood plan that does not stand that test and is treated in a second-rate way.
I also cannot understand the point about levying a fee. People do not generally work for free in their profession. Someone will want to be paid as part of that process. All that my hon. Friend the Member for City of Durham is trying to do in the amendment, which is open to debate, is to make sure that a standard is applied and it provides that standard. If this is not accepted, what is the alternative to provide that surety?
Kit Malthouse
This may be a philosophical difference between us. I am naturally inclined to deregulation, whereas this is obviously an attempt to impose regulation on the neighbourhood planning process. In my experience, regulation generally gets in the way of speed and efficiency, and frankly of people even bothering to get involved.
In my neighbourhood there has been huge enthusiasm, wide acceptance and a recognition that there are two issues—first, more assistance from the local authority and secondly, more regard from the planning system as it is. It would be a mistake for us to try in the Bill to reproduce the same level of planning regulation that exists at local authority level for what is, frankly, often a group of volunteers who are trying to put together an imaginative plan for their neighbourhood. They should be left with as little restriction as possible to do that as far as they can, and when they realise their plan needs to be in conformity with the local plan and it has to go to democratic approval, to modify it accordingly. If we are to have acceptance, we must do it that way. Once we start putting rules and regulations and hurdles in their way, I am afraid the enthusiasm will drop away.
I would not support a 40% threshold. As the hon. Member for Bassetlaw said, there lots of reasons why not, but we do not apply that for any other election in this country, including referendums and elections for police and crime commissioners. There is no other election or exercise of the democratic process in this country where we do that and I do not think we should start now.
John Mann
It is always a pleasure—actually it is the first time, but it always will be a pleasure—to be given the opportunity by the Whips to serve under your chairing, Mr McCabe. I thank the Whips, although I am not sure that those on the Labour Front Bench will necessarily thank them, for putting me on this Bill Committee.
I will first deal with the question of thresholds. It is a good idea but I would suggest that the wrong threshold has been suggested, so I am glad that the new clause is a probing one. When I was first elected as a councillor, I got 86% of the vote on a 40% turnout. That means that I got a higher share of the electorate than the majority of MPs elected in the last general election. Given that, who would be the more statistically valid representative?
The interesting question is whether a threshold should be based on the vote. Should someone on a low turnout get through on 50% to 49%? That would suggest that there is quite a split in the community. There would be a coherent case for suggesting that the neighbourhood development plan needs to have a threshold of a majority for it to be seen to be coherent across a community. I am not aware of anywhere, certainly not in my area, where there is that sort of division, but such situations could exist.
The Secretary of State said that too many people
“object to houses being built next to us”
and that we are going to have to change that attitude. He was, rightly, very outspoken in Bentley in Redditch in 2015 against the proposals for 2,800 houses there, as he was in Hagley in 2012. He, like me, has supported the local people against the planning system and the way it works, but that does not coincide with his commentary at his party’s conference.
In Croydon, one local Member of Parliament talked of the overwhelming opposition to housing in Shirley, with the Save Shirley campaign. He said that the proposals to build there were “a pile of nonsense.” Clearly, there were divisions in Croydon between people who wanted to build in one place and those who wanted to build in another. Some people did not want the development in one place; others did not want it in another.
The Opposition have proposed a threshold but, in the Croydon example, a threshold of how many people vote for a neighbourhood development plan or, indeed, for a local plan would be a good idea. Otherwise, those supporting the residents of Shirley might lose out. They might be very angry at losing out and vent their anger against their local MP.
Gavin Barwell
The intention behind that consultation paper was to be helpful to Parliament and wider stakeholders interested in these issues. When we announced the Bill in the Queen’s Speech and set out the broad measures that were going to be in it, there was concern about what the impact of these reforms to planning conditions might have. Our feeling was that publishing a consultation paper setting out exactly how the Secretary of State might use these powers, if the Bill receives Royal Assent, would be helpful. The intention was to try to assist.
I am grateful to all hon. Members who have contributed to the debate, which has raised important areas about neighbourhood plans, their relationship with local plans and national planning policy, the examination process and the extent of the democratic mandate they receive through a referendum. Before addressing each amendment, I would like to make a few general comments.
As the Committee will know, the role that communities play in planning has been revolutionised, at least in certain parts of the country, by the neighbourhood planning process. More than 200 communities have recognised the opportunity to shape the development of their area. The numbers speak for themselves. Nearly 2,000 communities have started the process, as the hon. Member for City of Durham said, in areas that cover nearly 10 million people in England, and 240 referendums have been held, all of which have been successful. The Government are hugely proud of neighbourhood planning and of the communities that have taken up the opportunities we have provided for them. We have been clear that we want an effective system that will inspire communities, as the hon. Member for Bassetlaw said, and give them confidence that their views matter, while delivering the growth and additional housing we need.
Clause 1 helps to achieve that. I accept the point made by the hon. Member for Bassetlaw that it is not a solution on its own and that more action will be needed. The White Paper will set out some accompanying policy changes that will try to address the issue. The clause inserts a new paragraph and new subsections (3B) and (3C) into section 70 of the Town and Country Planning Act 1990. It will require decision makers to have regard to post-examination neighbourhood plans where the decision has been made by the local planning authority, or in certain cases the Secretary of the State, that the plan should go to a referendum. We might call that the Malthouse clause, because it originates from an issue with the neighbourhood plan in Oakley and Deane, in the constituency of my hon. Friend the Member for North West Hampshire. Essentially, an appeal was granted just before the referendum was going to be held.
Gavin Barwell
The plan had therefore been through the examination. My hon. Friend’s lobbying for his community led the Government to reflect and then bring forward this clause.
The key point is the one made by the hon. Member for Bassetlaw: in communities that produce neighbourhood plans, people give a lot of time and effort to produce them, and therefore we need to ensure that work is recognised in the system at the earliest possible opportunity. We are making it clear in legislation—not just through planning guidance—that regard should be given to advanced neighbourhood plans, so communities can have confidence that their plans will get proper consideration in planning decisions, where the plan is material to the application.
Turning to the amendments tabled by the hon. Member for City of Durham, I hope that I can reassure all hon. Members that the Bill—this includes the Government amendments on local plans, which I have written to Committee members about this morning—does not alter the local plan-led system, which I am sure we all support. We have been clear from the start that the neighbourhood’s ambition should be aligned with the strategic needs and priorities of the wider local area, but that outside those strategic elements neighbourhood plans are able to shape and direct sustainable development in their area.
One of the tests that an advanced plan will have met, once it has gone through its examination, is whether its policies are in general conformity with the strategic policies of the relevant local plan. That will have been tested both by the independent person appointed to examine the plan and by the local planning authority. That is set out in schedule 4B to the Town and Country Planning Act 1990.
Kit Malthouse
Main Page: Kit Malthouse (Conservative - North West Hampshire)Neighbourhood Planning Bill (Sixth sitting)
Kit Malthouse ExcerptsTuesday 25th October 2016
(7 years, 5 months ago)
Public Bill CommitteesRead Full debate Neighbourhood Planning Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 25 October 2016 - (25 Oct 2016)
Dr Blackman-Woods
Well, we will have to disagree. I think that if somebody is asking for planning permission—not just outline planning permission—for a major development in a conservation area that abuts a world heritage site, it is vital that the materials to be used are included as a pre-commencement condition.
Government Members will love the next part:
“No development shall take place until full details of the location of the proposed bat loft and a scheme for the provision of 10 house sparrow terraces have been submitted to and agreed in writing by the local planning authority.”
We all agreed earlier that protecting wildlife is really important. As the Minister knows, sparrows need to be protected if they are to survive and thrive. Such mitigation and compensation are necessary within the breeding bird assessment regulations.
Kit Malthouse (North West Hampshire) (Con)
I hope that the hon. Lady is not going to go through too extensive a list. One of the points that we have been trying to make is that quite a lot of the conditions that have been mentioned could be carried out during, say, the demolition phase; they do not have to take place or be agreed before the contractor starts at the site.
On the particular condition that the hon. Lady just raised, although it might be possible for the developer to agree a location for the bat and sparrow accommodation, there is no guarantee that the inmates will transfer willingly. Anybody who knows anything about bats—I happen to, strangely—will know that one can put up a bat loft to accommodate displaced bats but they might not use it for years, and they might never use it. They are capricious creatures that might decide to go elsewhere, perhaps because of the noise of the development.
The same is true of colonies of sparrows. Sparrows are strange birds, in that they do not travel very much. They tend to live in one place—as the hon. Lady said, they colonise particular areas—and they might even pick a particular tree that they never leave, but they are unlikely to move simply because someone decides to put up accommodation. All these things are iterative and could be done during the demolition phase. There is no reason to wait months and to have an argument about where the sparrow accommodation should go, because even the sparrows might not agree on where is decided.
Dr Blackman-Woods
The hon. Gentleman might have had a point had there been a demolition phase. As there is not, it is important that all these things are known up front. A further condition was noise mitigation. The developers were asked for details of proposed foul and surface water drainage; for an archaeological investigation; to refrain from site clearance, preparatory work or development; for a tree-protection strategy; and for a site map.
Gavin Barwell
—and my hon. Friend the Member for North West Hampshire is going to help me.
Kit Malthouse
I am grateful to the Minister for giving way, because I could not intervene on an intervention. Would the Minister care to ask the hon. Member for City of Durham how long the period was between the granting of the application of which she spoke, and a spade going into the ground, while materials, sparrows, bats and all those sorts of things were dealt with? How long did the process take?
Gavin Barwell
The hon. Member for City of Durham may intervene, but I suspect that the answer is that it has not happened yet. I was going to come to that, but the hon. Lady gave a clear response to my point, so let me deal with her two points in turn.
The hon. Lady’s first argument is that there is a danger that the process will lead to more appeals, and will therefore slow things down, not speed them up. I do not agree, and I will make it clear why. If, at the moment, an applicant does not like the pre-commencement conditions imposed on them, they already have the right to appeal. It seems that there is no evidence that they are any more likely to appeal as a result of the fact that the local authority will now not be able to impose those conditions on them than they would have been otherwise.
The second argument, which is irrefutable, is that if an applicant is asked to do a large number of things before they can start any work on site, that is bound to delay the start of work on site. On most things, my hon. Friend the Member for North West Hampshire is beyond reproach, but on this issue, I blame him, because the hon. Member for City of Durham was in the midst of giving us a long and detailed list, and he rather hurried her up, so we did not get the full list. I managed to scribble down at least six of the conditions she mentioned. One condition was details of the materials to be used. That does not necessarily have to be a pre-commencement issue, but I accept that it is not that onerous. However, the designs of new homes for bats and birds will clearly take some time, as will the noise mitigation scheme, a drainage scheme, and tree protection schemes. Archaeological work is necessary and will always have to be pre-commencement, but it clearly takes time. All those things take time to design, work up, go to the local authority with, and get discharged.
It is difficult to comment with certainty, not knowing the site in question, and I would not want, without knowing the site, to express strong opinions, because the hon. Lady will have pictures of me printed and shown at local protests or something. None the less, some of those things, all of which it is important to deal with, can arguably be dealt with later in the process. It seems unarguable that the hon. Lady’s council requires of the developer a significant chunk of work that will take time and will delay the point at which the developer can get on site. The question of how many of those conditions are a necessary delay to the development is a legitimate source of public debate. The legislation tries to weed out those that are not necessary and focus on those that are.