Fire Safety and Cladding

Kit Malthouse Excerpts

Wednesday 23rd January 2019 Commons Chamber

[Mr Reed]

I agree with my hon. Friend. It is absolutely extraordinary that we are not looking, right now, at a ban on all forms of flammable cladding. It is now 10 years later.

What we see now is still evidence of a go-slow and foot-dragging approach by the Government that is highly inappropriate—I would almost say negligent—given the risk to life that we know exists from the deaths that happened at Lakanal House and those that happened in even greater numbers at Grenfell Tower. [Interruption.] It is no good the Minister shrugging his shoulders and grunting from the Front Bench. Grenfell happened after Lakanal because Ministers refused to act on the guidance—the instruction—that they were given by the coroner. Eric Pickles, who was the Secretary of State at the time, refused to act on the advice given by the inquest into Lakanal House in 2013. In 2016, because it had not been banned, ACM cladding was strapped to the outside of Grenfell Tower. In 2017, it went up in flames and 72 people lie dead as a result. It could not be more serious.

We need properly to understand how this came to be, why the Government did not act, and why the Government still have not acted to ban that type of cladding from buildings. They are talking about banning it, but all flammable cladding has not been banned from all buildings—[Interruption.] The Minister will have an opportunity to respond later in the debate, and we look forward to hearing him. [Interruption.] If he wants to intervene, I will take his intervention.

[The Minister for Housing (Kit Malthouse)]

I am quite happy to intervene, and I am grateful to the hon. Gentleman. It should be clear that in December last year, we banned flammable cladding of all types on buildings over 18 metres. This is an absolute and complete ban, and nobody should be under any illusion about that, or represent it as being anything other than that.

[Mr Reed]

As I will come on to say during what remains of this debate, a partial ban is not a ban. This kind of cladding is still permitted on far too many buildings, and too many people are not safe. There has been no action to take flammable cladding off buildings where it already exists. Those are the issues that I want to come on to. In fact—

[Kit Malthouse]

rose—

[Mr Reed]

I will take an intervention in a moment, but I want to make this point, because it is linked to the issue that we are debating right now.

In fact, there are still thousands of terrified residents living in blocks with the same kind of cladding, or a very similar kind of cladding, as that which went up in flames at Grenfell Tower. There are still 56 private blocks of flats around the country—that is 56—that have no clear plan in place to remove and replace it. People are left living in fear. There is no point in the Minister standing up and telling me the Government banned it last December when right now, in 56 blocks around the country, people are living with flammable cladding strapped to the outside of their homes and no plan whatsoever to remove it.

[Kit Malthouse]

We went through this yesterday during the urgent question. I am sorry that the hon. Gentleman is seeking to make an issue of it. We have made it very clear that while he is correct that there are still a number of private sector residential buildings that do not have a clear plan for remediation, it is the case, as I said yesterday, that 100% of those buildings have temporary measures in place that have been agreed and certified by the local fire and rescue service as appropriate for the building. My primary concern, and the Department’s primary concern, has been to make sure that people are safe tonight. As I am sure he would acknowledge, it is not possible, by some feat of magic, to make this cladding disappear overnight. We must, however, make sure that everybody is safe overnight. That is where we have been focused.

The hon. Gentleman says that thousands of people are living in terror in blocks, but that should not be the case, on the basis that every local fire and rescue service has visited, inspected and agreed temporary measures with every residential building over 18 metres in height that has this cladding, and they are going back to check and monitor to make sure that they are in place. I really would urge him not to cause undue alarm among this residential population, because steps have been taken to keep them safe.

[Mr Reed]

I have to say, with all due respect to the Minister, that I find that comment rather complacent. It is all well and good to say that this cladding cannot be taken down overnight, but it is 19 months since Grenfell Tower went up in flames, it is 10 years since Lakanal House went up in flames, and it is eight years since the coroner told the Government that there needed to be a ban on this kind of cladding—that is not overnight. The Government have not acted with anything like the requisite speed, given the scale of threat to human life. It is completely unacceptable.

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[Andy Slaughter (Hammersmith) (Lab)]

I am grateful for the time that has become available to make some brief remarks, although my hon. Friend the Member for Croydon North (Mr Reed) set the case out fully and persuasively, covering many of the points.

We all wait keenly to hear what the Minister has to say in his response. Notwithstanding his comment that we went through all this yesterday, rather than being bored by the subject or not interested in responding, he should seize the opportunity to give a fuller account of where the Government stand. As my hon. Friend set out, the Government’s inactivity and partial solutions mean that we are in a state of some confusion—certainly our constituents are—and severely worried about the risks that remain. That is not scaremongering; those are real concerns felt by our constituents.

In a block in my constituency—I am going to a residents’ meeting tomorrow night, the fourth on the removal of flammable cladding that I will have attended—the residents are fortunate in the sense that they have a housing association as a landlord, it has accepted liability and is removing the cladding at its own expense, and it is prepared to put up non-flammable cladding instead. The situation is still incredibly worrying: fire marshals have been in for periods, and there are concerns about the structure and other potential damage to the building, causing a huge amount of anxiety and of time taken up in negotiation.

I feel very much for my constituents and those of other Members who do not have similar advantages, but that introductory point allows me to say that the problem is widespread and hugely complicated. The Government seem to rely, as if on a crutch, on the Dame Judith Hackitt report. It is a good report, but it approaches the matter in a certain way—she would like to see a “golden thread of information” through UK projects from “design and construction” to “operation”—and at the moment we do not have a clear picture of which buildings are at risk.

Dame Judith can set out a preferred method of operation, but that does not resolve any of the many problems, or the conflicts of interest over time, set out by my hon. Friend, and nor does the report actually implement anything. Those are both matters for Government, and in those respects they are singularly failing. In clarification from the Minister, I want to hear in respect of existing buildings with all types of flammable cladding what the Government’s policy is likely to be. My understanding, from responses to questions I asked before Christmas, is that the policy is likely to cover residential buildings, buildings over 18 metres and buildings with aluminium composite material cladding systems. That excludes a very large number of buildings that we know could have flammable cladding. I cannot understand the logic of the policy not being comprehensive, other than that the Government might not want to put in the resources or are phasing it in over a very long time.

[Kit Malthouse]

In all the assessments we make or have made around the ban on combustible cladding, we are guided by the expert panel. It is effectively the expert advisory panel that is setting the 18-metre limit, deciding which buildings are within scope and where there is most risk to life. This decision has not been made by politicians in the absence of expert advice. As I said yesterday, I cannot pretend to be a fire safety expert. Both I and the Secretary of State take into account the advice of a group of people that includes Dame Judith Hackitt, and it advises us regularly on these measures.

[Andy Slaughter]

With respect to the Minister, he may be listening to what he wants to hear. He should listen to a wider range of voices. I will give an example. In yesterday’s urgent question, several Members—I was not one of them—mentioned the Rockwool company. I have quite a knowledge of this, because I have three very tall buildings—over 23 storeys—in my constituency that are just a few hundred metres from Grenfell Tower and which were fully clad by Rockwool. Following testing, the local authority was able to assure tenants that it was non-flammable cladding and that it met some of the highest standards.

The Minister, with almost wilful misunderstanding, said yesterday that he was not there to listen to people promoting individual companies. That is not the point. No one is promoting the commercial interests of Rockwool—in my dealings with it, it has been perfectly clear about that. We are pointing out that its standards are higher than many others in terms of the combustibility of the cladding, the insulation and the combination of materials. That is the point. No Member on either side of the Chamber is standing up and saying, “Please buy this particular product”; we are asking the Government to listen to the voices saying that their limitations and expectations do not go far enough.

[Kit Malthouse]

I want to reiterate what I said yesterday. I agreed with whoever it was who questioned me that it was not appropriate for us to promote a particular product from a particular company. As the hon. Gentleman says, the job of the Government is to set the standards, through building regulations, to which products must adhere and to make sure that the regulatory inspection regime works so that people can have confidence that the right product is being used in the right place. To reach those assessments, the Government require the advice of non-commercially interested expert opinion. The British people would not think it unreasonable for us to assemble a group of fire safety experts to advise on those standards and the circumstances in which they should pertain. That is all I am saying. As far as I can see, the Government are acting perfectly reasonably in taking this kind of advice. He may well dispute that advice, and he might think he can go further, but he needs to find evidence of where his expertise is coming from, and if it can be demonstrated that the independent expert advisory panel—the great and the good of fire safety—is incorrect, of course we will listen.

[Andy Slaughter]

I find the Minister’s attitude astonishingly complacent. I am a member of the all-party group on fire safety rescue, which has done a lot of work on this, but it cannot possibly compete with the resources of the Government, so let us not be ridiculous about who should do the groundwork. I have taken part in a number of seminars with a number of experts. On those occasions I have heard a variety of views, but even now I still hear, from experts, manufacturers and others, special pleading for the acceptability of either leaving combustible materials—some of them more combustible than the materials used on Grenfell Tower—on blocks, or continuing to install them. That terrifies me, and I think that it ought to worry the Minister.

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[Mr Reed]

I completely agree with my hon. Friend’s point about the cladding manufacturers seeking better reassurance for themselves. Of course, it is not just the cladding that is flammable; it is the combination of the cladding with the insulation. Because the Government permit what are called desktop studies—

[Kit Malthouse]

rose—

[Mr Reed]

—which have allowed a particular cladding to be enriched with a particular form of insulation, they do not always know what is being put together and how dangerous that will be, and the cladding manufacturers do not want to know that their products are being used in ways that threaten life.

[Andy Slaughter]

I think that the Minister was trying to intervene on an intervention. I am glad to see that he at least has some interest in the subject. I shall make a little progress, and then I will take an intervention from him.

My hon. Friend is absolutely right. I do not think we are being paranoid about this. What concerns us is that a whole industry has developed on a defective basis over time, and has not been corrected: it continues to function as an industry and to make profits. No one is saying that we are going to wipe the slate clean overnight, but a lot of people have a lot to hide, and I therefore think it particularly important for the Government—who, as my hon. Friend the Member for Dagenham and Rainham (Jon Cruddas) said, may have something to hide as well—to be rigorous in shaking this out. They should look at the history—at the defects and malpractices that have grown up over the last 10 years or more—but they should also be very sceptical in future about some of the advice that they are getting. They should obtain the broadest possible range of advice.

[Kit Malthouse]

Let me again correct the record. I do not know whether the hon. Gentleman was absent in December, but he should know that we have banned desktop studies, and restricted them in other circumstances, to try to discourage their use. We did that before Christmas.

The hon. Gentleman made a good point about the effect of insulation combined with cladding. Our ban on the use of combustible materials on buildings more than 18 metres high applies to everything that makes up the skin of a building, and that includes the insulation, not just the cladding. The 18-metre rule was of course introduced on the basis of advice from the expert panel. As I have said, if there is evidence to show that there are significant dangers to buildings that are less than 18 metres high, we will of course be happy to look into it.

I realise that Labour Members are trying to make this point, but I want to dispel the idea that we are complacent, because that is absolutely not the case. An enormous amount of effort, time and energy has been put into getting this right, and a large number of voices have been prayed in aid.

The hon. Gentleman is correct in saying that a defective industry has grown up over the last 20-odd or 30 years, under Governments of all stripes. As I said yesterday, the Grenfell disaster lifted a big flat rock from the building regulation system, which has not been functioning well for some time. It falls to me, and to the Secretary of State, to play our part in correcting that, and we are trying to do so with all speed.

[Andy Slaughter]

I am grateful for that “intervention”. I think that the Minister was using me as a kind of Ouija board to communicate with my hon. Friend the Member for Croydon North, but that is fine.

[Kit Malthouse]

We are not short of time.

[Andy Slaughter]

Returning to the central point, what we all want is the Government to take a comprehensive view of these matters in respect of both existing and new buildings. My understanding is that only a selective number of existing buildings are covered, based on height, use and the type of material used. I ask the Minister to confirm how far their scrutiny goes at the moment, and explain why he thinks it should not go further. The Government did make announcements on new buildings back in October; they talked about high-rise residential buildings, including schools, hospitals, student accommodation and care homes. That excludes certain types of building—such as office buildings, as has been said—and we cannot see why that is the case.

[Andy Slaughter]

Absolutely; and if the Minister did not like us quoting commercial companies in this way, perhaps he will listen to the Local Government Association. It continues to strongly urge the Government to ban the use of any combustible materials, including cladding panels, insulation and other materials, on the external walls of high-rise and high-risk buildings—including all hospitals, care homes, schools both residential and non-residential, and offices—of below, as well as above, 18 metres in height. That reinforces my hon. Friend’s point. I understand that the Government are considering height again, but hopefully they will do that quite quickly and come to the conclusion that it is a somewhat arbitrary determinant, because there are other factors, such as means of escape, that can control how easily buildings can be evacuated. That is why I say this is a very partial solution.

If the Government do not like the LGA, perhaps they should listen to the Association of British Insurers. In all my experience in the time that I have been here, the Government have been the greatest friends of the insurance industry, and that has been mutual, but in the briefing for this debate the ABI says that it

“remains concerned over the limitations of the MHCLG ban, including the exclusion of buildings lower than 18m and limiting the ban to only care homes, hospitals and student accommodation. It makes no sense that someone can live in a high-rise residential building to which the ban applied but commute to work every day in an office block covered in combustible material.”

That is just common sense, but it comes from an industry body. I will wait to hear the Minister’s response on that.

There are other issues that go beyond fire safety. Some Members took the opportunity to raise them during yesterday’s urgent question, and the Minister commented yesterday that he was quite in favour of ’60s and ’70s buildings coming down per se—a radical solution, which was picked up by Inside Housing. I would give a qualified welcome to that: yes, if they are unsafe, unsuitable or not performing their function, but given the extraordinary housing shortage that this Government have presided over, perhaps the Minister should insist that we get rather more going up than coming down.

[Kit Malthouse]

What I said yesterday was that it was very often the case with buildings of the ’60s and ’70s that it was more efficient, and financially easier, to demolish and replace than to refurbish, and that many of these buildings, particularly LPC buildings, present technical difficulties that make them very expensive to deal with. I would add, frankly, that given the lessons over the years of high-rise living, councils should consider whether people would prefer to live in lower-rise, more gentle-density housing that could be provided on the same space.

[Andy Slaughter]

I will not be tempted into a wider debate, except to say to the Minister that it depends very much on the circumstances. Sometimes it is a matter of choice, and many high-rise buildings offer very good-quality accommodation and have good space standards. The space standards of the 1960s and 1970s often gave people very good, large accommodation, so I think he needs to be careful before wishing to be an iconoclast in quite the way that he does.

I find it deeply troubling that, as my hon. Friend the Member for Croydon North has said, there are still probably hundreds of thousands of people around the country living with insecurity. Nobody wants to exacerbate that unnecessarily. The Government must be clear and authoritative in the way that they present their plans to deal with the risks that Grenfell so tragically exposed. I will quote one more thing that the Minister said yesterday. He said in response to the right hon. Member for Chelsea and Fulham (Greg Hands):

“It can be extremely debilitating, concerning and worrying for any resident to have the future of their home mired in uncertainty. I hope that he gets the clarity that his residents need.”—[Official Report, 22 January 2019; Vol. 653, c. 137.]

He was responding to the right hon. Gentleman about a separate issue, which is being dealt with by the same local authority, Hammersmith and Fulham. I understand that that authority is being extremely responsible in relation to fire safety generally and also in relation to the specific blocks that were mentioned there. Indeed, there is a council meeting tonight to discuss that. It is about dealing with the system-built blocks of which Ronan Point was an example. Some local authorities, including my own, are dealing with these matters very responsibly. I absolutely agree that residents need to be given certainty, so it is ironic that within a few minutes’ walk of those blocks that were being discussed yesterday there are two estates—the West Kensington and Gibbs Green estates—that have been under threat of demolition because of the actions taken by the previous Conservative council, in collusion with the regime at City Hall when the Minister was there. So we can all learn lessons from this.

On fire safety, the Government have a lot more to say and a lot more action to take, and I hope that the Minister will go some way towards doing that this afternoon by telling us what the Government’s intentions are now in relation to existing cladding systems and any future new buildings, of whatever type.

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[The Minister for Housing (Kit Malthouse)]

I commend the hon. Member for Croydon North (Mr Reed), notwithstanding his partial recitation of Government policy in this area, for recognising the importance of fire safety and cladding, and for securing this debate. I am always grateful for the chance to talk on a subject of such importance as fire safety and ensuring that residents are safe, and feel safe, in their homes.

I take this opportunity to express my sorrow at the obvious emotional distress caused to the hon. Gentleman’s constituents and others by the Shurgard fire. He spoke very movingly about the fire’s impact, particularly on families who are between homes, and I recognise the distress it may cause. Although I am sure he will recognise that building regulations are largely focused on preserving life, I nevertheless recognise the importance of what he says, and I will come back to that later.

A tragedy like Grenfell should never have happened in 2017, and this Government are determined to ensure that such a tragedy can never happen again. In the immediate aftermath of the fire, we acted quickly to establish a comprehensive building safety programme, which has involved many people working tirelessly to identify and remediate buildings with unsafe cladding. We also established the independent expert panel to advise the Secretary of State on immediate measures, and we agreed to fund a comprehensive testing programme for all building owners to establish whether their units are cladded with unsafe ACM material. We have also worked with local authorities and with fire and rescue services, as I have explained, to implement interim safety measures in all buildings to ensure that people remain completely safe in their homes until remediation is completed.

Through the testing and the hard work of local authorities, we are confident that we have identified all social housing in England with unsafe ACM cladding systems. We have made good progress in making those buildings permanently safe. Of the 159 social sector buildings, 118 have either started or completed remediation. There are plans and commitments in place to remediate the remaining 41 buildings. To help to ensure swift progress, we have made £400 million-worth of funding available to social sector landlords to fund the removal and replacement of unsafe ACM cladding.

However, I regret that remediation in the private sector has been more challenging, with negotiations in some instances disappointingly slow. Since Grenfell, we have worked intensively with local authorities to identify and collect data on high-rise buildings with ACM cladding. We have also provided £1.3 million of funding to assist local authorities in that work. Local authorities across England have assessed around 6,000 private sector high-rise buildings. They have needed to take samples to test and, in some cases, take legal action to get owners to co-operate. We have taken strong action to give local authorities the support they need to enforce the removal and replacement of unsafe cladding, we have established a taskforce chaired by me and the Secretary of State to actively oversee the remediation of private sector buildings, and we have set up a joint inspection team to support local authorities and to give them the confidence to pursue enforcement action.

On 29 November 2018, the Government went further and announced that we will back local authorities to step in and take emergency remedial action where building owners are not co-operating in the remediation of cladding. This includes financial support, where necessary, to enable the local authority to carry out the emergency work. As a result of our interventions, we have made progress on securing commitments from owners to replace unsafe cladding. At the end of December, of the 268 privately-owned buildings, 212 have either started or completed remediation, or have commitments in place to remediate. There remain 56 private buildings where the owners’ plans are unclear. That number has fallen from over 200 buildings last June.

We remain concerned about and engaged with the many leaseholders who find themselves in this difficult situation through no fault of their own. We have made it clear that we expect building owners in the private sector to protect leaseholders from the costs of remediation, either by funding it themselves, or by looking to alternative routes such as insurance claims, warranties or legal action. A growing list of companies have done the right thing by protecting leaseholders, including Barratt Developments, which has agreed to fund remediation at Citiscape in the constituency of the hon. Member for Croydon North. I am pleased to say that I sought and received confirmation that Barratt has started on site this week and is on site today.

The Government have made the remediation of ACM cladding a priority. That is because our large-scale testing programme has conclusively shown the particularly high risk posed by that form of cladding. However, it would be wrong to say that that has been our only focus. The expert panel has regularly considered the risks of non-ACM material and the action we should take. As a result, in December 2018, we issued updated advice to building owners about how to investigate non-ACM cladding systems on their buildings, and how to remediate them. In addition, we have commissioned the Building Research Establishment to conduct a testing programme on non-ACM materials, and we expect the first test results by the summer. We have also issued specific advice on other fire safety risks, for example, spandrel panels and external wall insulation.

However, it is clear that, while we must do all we can to protect people now, we need a systemic overhaul, as several hon. Members have pointed out. With that in mind, we commissioned Dame Judith Hackitt to undertake an independent review of building regulations and fire safety. Her report concluded that the current system is not fit for purpose, and charted the direction for a radical new system.

There is no question but that such a change will take time. None the less, the Government have not hesitated, and will not hesitate, to act where we can make a difference now—today. That has been clear for all to see, as we have gone further than the review’s recommendations, including banning combustible cladding. Regulations were laid in November to give effect to the ban, ensuring that cladding of that nature is no longer allowed on the external walls of new buildings over 18 metres containing flats. We are also testing and trialling elements of the new system to ensure that they are effective before they are implemented at scale.

[Mr Reed]

The Minister talks about the ban for residential blocks over 18 metres high. What evidence does he have to show that hotels and office blocks over 18 metres are safer than residential blocks? Why has that led him to exclude them from the ban?

[Kit Malthouse]

The hon. Gentleman is right to raise that issue, which the expert panel has obviously considered. I would be happy to write to him with its considerations. In broad terms, it has focused on ensuring that purely residential buildings, where people sleep overnight, are inherently safe.

[Mr Reed]

Hotels!

[Kit Malthouse]

Exactly. Although the hon. Gentleman is right to say that people sleep overnight in hotels, staff members are present in hotels and office buildings. There is always an awake watch in a hotel and that is not necessarily the case in a residential block. However, those matters are obviously open to review, and if the hon. Gentleman wants to put forward evidence that contradicts the expert panel’s, I will be more than happy to consider it. On all the issues, I do not want to give hon. Members the impression that our mind is closed. If evidence is presented to show that measures should be taken because there is a significant safety concern in buildings other than high-rise residential buildings, we will be happy to look at it.

[Mr Reed]

I am grateful to the Minister for giving way again and for saying that he is keeping an open mind on these issues. That is the right thing to do, and I commend him for it. He mentioned the independent expert panel again. I reiterate a point that I tried to make in my speech. An expert panel is not fully independent if some of its members have a financial interest in a particular outcome. Will he commit to reviewing the panel to ensure that there are no such conflicts of interest?

[Kit Malthouse]

I am happy to review the panel, but I have confidence in its members and the advice that they are giving, not least because they are a plurality of voices. The panel does include Dame Judith Hackitt, along with several other people who have been involved in the fire and rescue service over the years, but I am happy to review its membership, as we would do generally, to make sure that we have the right range of expertise thereon.

As part of our plans, we also have our new joint regulators group and our early adopters group. They have come forward to help to drive culture change and demonstrate that the industry can put building safety first. I recognise, though, that there is much more to do. Our implementation plan, which we published before Christmas, sets out what the far-reaching overhaul of the system will involve over the coming years. The work spans four areas: first, a stronger, more effective regulatory and accountability framework; secondly, clearer standards and guidance to support better understanding by those carrying out building work of what is required to make buildings safe. This is an area in which we have already taken action, by consulting on a clarified approved document B to enable the guidance to be revised. We have also completed a consultation on restricting the use of desktop studies and published amended guidance on this matter. Thirdly and most crucially, a stronger voice for residents will be at the heart of the new system. Finally, the implementation plan sets out how we will work with industry to help it to prioritise public safety and lead the culture change—a change that we all agree is badly needed.

[Andy Slaughter]

Will the Minister address one specific point? We have seen the conversion of a lot of office buildings for residential use, which the Government have been promoting for some time under the permitted development rules. A lot of these conversions are of poor quality and, frankly, the buildings are unsuitable for residential use, but they have been converted anyway. I understand that, if that happens in future, the building regulations will subject converted buildings to the same requirements as new builds, but what about those that have already been converted? Will the Minister look into that specific issue in relation to cladding?

[Kit Malthouse]

Buildings that have already been converted and are within scope should have been part of the local authority inspection regime to ensure that they are safe. All buildings obviously have to comply with fire safety regulations and the local fire and rescue service should be engaged. I am more than happy to write to the hon. Gentleman with the details on how we are dealing retrospectively with buildings that were converted under permitted development rights.

Before I close my speech, let me turn to a couple of the specific points that were raised. On self-storage, as I said to the hon. Member for Croydon North, current regulations are focused on life safety and have been for many years. Pleasingly, the number of deaths and injuries in commercial fires is very low, but that does not mean to say that we should be complacent and should not consider the issue. We have called for evidence on the review of approved document B and therefore do not rule out any changes to commercial fire regulations in those circumstances as well.

Following Grenfell, all schools, colleges and universities have been contacted to tell them to carry out building checks. All schools have to follow a range of strict fire safety regulations, which are designed to ensure that schools are as safe as possible and extremely well prepared in the event of a fire. The Department for Education has conducted an exercise to review all its buildings and has taken action where necessary. We continue to work closely with the Department.

[Emma Hardy]

May I ask the Minister again to look into reviewing whether to put schools on to the building safety list, because they are currently not on it? I would be grateful if he would take that away and look into it again.

[Kit Malthouse]

I am certainly happy to investigate that issue but, as I say, one of the delineations that the expert panel has made in its the consideration of safety is the notion of residence and people sleeping overnight in a building. As the hon. Lady will know, all schools have to conduct regular fire drills to make sure that they are prepared. It is also worth remembering that, sadly, fires happen in all sorts of buildings, many of which do not have cladding on them. There are all manner of buildings made from materials that are potentially flammable—wood, asphalt or whatever it might be—so we need to be proportionate in respect of the risk, while bearing in mind that we want to minimise it in all circumstances, when possible. A range of measures can be taken to ensure fire safety beyond the pure construction of the building, such as evacuation procedures, fire suppression techniques—sprinklers or whatever—heat sensors or smoke sensors. A number of things can be done to ensure that buildings are safe, but I am happy to take the hon. Lady’s request away and consider it.

[Mr Reed]

I take all the points the Minister makes in a generous spirit, but parents clearly would not want there to be flammable cladding on their children’s school, whatever other fire safety measures are in place. It is a simple thing to do, so why do not the Government just ban its use on new school buildings?

[Kit Malthouse]

As I have said, the Department for Education has conducted an exercise in which buildings have been reviewed and measures have been taken to ensure that those buildings are safe. I speak as somebody who has two children at school, and I understand that schools go through their fire drill, have fire doors, know where all the children are and are very focused on the notion of fire safety. I am more than happy to have a think about the point the hon. Gentleman makes. As I say, we constantly keep these things under review, and the vehicle for that will be the review of approved document B in the building regulations in all circumstances.

I am not saying no, but the hon. Gentleman would expect us to have a proportionate response that minimises the threat of fire in all circumstances. If we were to extend his thinking, we might say that we do not actually want anybody in a wooden building. A single-storey wooden building—a mobile classroom or whatever it might be—is an issue that we need to think about. [Interruption.] I understand, but that is why height matters. The particular height of 18 metres has been selected by the expert panel.

As I have said, I am happy to keep that under review, and my mind remains open. The hon. Gentleman would expect me, I hope, to be constructive in such a way. None of us has an interest in there being fire casualties; we all have an interest in getting this right. My objection to the tone of some of his speech was that he should not infer that we do not care. Indeed, there is a huge amount of effort to get this right, both politically and on the part of the remarkably hard-working and dedicated civil servants in the Department. That is why we have a comprehensive work programme, with lots of calls for evidence. A number of groups are meeting to discuss the various issues and early adopters are moving towards a new building regulations system. As I have said, it is quite obvious that the Grenfell tragedy lifted a big flat rock on a system that has not been working for many years, and our commitment is absolutely to get that right.

My understanding is that phenolic foam is covered by the ban. However, I will commission a report from the Department to give me a quick review of the points raised by the hon. Member for Dagenham and Rainham (Jon Cruddas) to satisfy myself about our approach on that particular issue. I recognise his point about the potential toxicity of fumes that may occur, whatever the height of the building. We ought to have a look at that, and I am more than happy to do so.

This is a major programme of work—now slightly more major, given the undertakings I have made to do some more work—but it is one that befits the challenge we face. It ensures that everyone with a stake in keeping people safe plays their part, and it is the programme we need to rebuild public trust and to deliver meaningful and lasting change. I believe that this is the best tribute we can offer to those who lost their lives at Grenfell Tower and those who are left behind.

Once again, let me thank the hon. Member for Croydon North for securing this valuable debate. I want to assure him and everybody in the House that this Government are determined to learn the lessons of Grenfell Tower and to ensure that nothing like it can ever happen again.

[Sue Hayman (Workington) (Lab)]

On a point of order, Madam Deputy Speaker. I wish to correct today’s record. Earlier, when the motion on private Members’ Bills was being discussed in a point of order, the hon. Member for Chichester said that amendment (b) had been proposed by the Labour spokesperson for the environment, which is, of course, me. I was quite surprised to hear that, as it was not something that I had done. I just want to set the record straight to confirm that it was the Labour spokesperson for communities who had put forward amendment (b) to the motion on private Members’ Bills.

Freehold Estate Fees

Kit Malthouse Excerpts

Tuesday 22nd January 2019 Westminster Hall

[The Minister for Housing (Kit Malthouse)]

It is a great pleasure to serve under your wise and sanguine chairmanship once again, Mr Hollobone. The hon. Member for Bishop Auckland (Helen Goodman) and I shared many thrilling meetings of the Select Committee on the Treasury, and I congratulate her on securing this debate. I know that she is promoting a ten-minute rule Bill, and I thank her for the opportunity to debate an issue that affects not only her constituents but mine.

This Government are committed to making the housing market work. We aim to increase house building to an average of 300,000 net new homes a year by the mid-2020s. It is vital that as housing supply increases, the quality of new developments continues to improve. We expect all housing developers to deliver good-quality housing and estate facilities, to deliver it on time, and to treat house buyers fairly. Fairness includes making house buyers aware of arrangements for the upkeep of communal facilities and any fees for which they may be liable.

As hon. Members have pointed out, many freeholders must pay charges towards the maintenance or upkeep of communal areas on an estate. The obligation to pay these charges might be provided by a deed of covenant or through an estate rent charge that forms part of the purchase contract. These charges can include contributions towards the upkeep of open spaces on an estate, or for the maintenance of roads and other infrastructure that is not adopted by the relevant authorities. Hon. Members have quite rightly raised concerns about the lack of redress should a freeholder disagree with these charges, and there have been disputes about who should be responsible for, and control, the maintenance of communal areas. In many cases, contracts do not specify, limit or cap those freeholder charges. This lack of transparency leaves homeowners in a vulnerable position.

Leaseholders have a whole suite of protections and rights that enable them to hold management companies to account. Freeholders have no such equivalent, even though they might be paying for the same or similar services. The current situation is unfair to freeholders, and we are committed to introducing legislation to plug that gap. We set out our proposed approach to implementing these measures in the recent leasehold reform consultation, which closed on 26 November. We intend to create a new statutory regime for freeholders that is based on the rights enjoyed by leaseholders. This would ensure that maintenance charges must be reasonably incurred and that services provided are of an acceptable standard, and it includes a right to challenge the reasonableness of charges at the property tribunal.

[Mark Tami]

As with leaseholders, it should be relatively easy to sort out the problem. The issue is that people are already in these arrangements. We should ensure that they can do something about it, so that they do not feel that they are not covered or that no one cares about them.

[Kit Malthouse]

The right hon. Gentleman raises a valid point. We are also considering whether freeholders should have a right to change the provider of maintenance services by applying to the tribunal for the appointment of a new manager, which might be useful for existing freeholders if they are dissatisfied with the service they receive. The Government intend to introduce legislation to implement the changes as soon as parliamentary time allows. The hon. Member for Croydon Central (Sarah Jones) quite rightly challenged us on when that might be; she will know that we have an exciting and packed legislative timetable at the moment, but our aspiration is that the legislation will be introduced within the next 12 months. I realise that there are many impatient freeholders out there, but we have to deal with the small matter of national destiny before we get on to equally pressing matters on the domestic agenda. I assure her that we will give it our attention as soon as we can.

It is absolutely right that consumers should have fair, quick and easy ways to get things put right when they have problems. In October we announced our intention to introduce legislation to require all developers to belong to a new homes ombudsman. Last year, we consulted on how we could improve redress for residents across all housing sectors, and we will publish our response to that consultation shortly.

It has been argued that local authorities should be compelled to adopt all communal facilities on a new estate. At this point it is worth pausing to consider planning arrangements and how they support new developments. When a new development is granted planning permission, local authorities can use conditions, or a section 106 planning obligation, to secure a commitment from developers to provide and maintain open and communal space. This means that the local authority does not have to adopt or maintain the land at its own expense.

It is up to developers and the local planning authority to agree appropriate funding arrangements as part of those commitments. Conditions and planning obligations cannot, however, currently be used to compel local authorities to do something. The local authority has powers to ensure that developers build and maintain communal facilities to the standards and quality set out in the planning permission. In terms of roads, local highways authorities are responsible for the maintenance of local public roads in England. A decision on whether to adopt a road is a matter for the local highway authority and the Government have no direct role in that process.

It has been suggested that freeholders who pay these charges should receive a rebate in their council tax. We think that argument is misplaced. The amount of council tax due from each of us is not adjusted to reflect the specific level of services we receive as residents of the area. Instead, the level of council tax helps the authority to deliver a broad range of services to the wider community in its area. It is open to local authorities to offer council tax discounts to individuals or groups of taxpayers. This is an entirely local decision.

In the end, all these matters have to be paid for. There is only so much money that can be extracted from a particular housing development. It is therefore at the discretion of local authorities to decide the balance of 106, the cost to them of adopting measures, and where and when maintenance should fall on residents rather than on the local authority.

It should always be clear to potential purchasers what the arrangements are for the upkeep of open space and the maintenance of roads. However, we do not think that requiring local authorities to adopt all communal facilities on new developments is the right approach. It removes local flexibility and, in our view, sends the wrong message to developers about their responsibilities.

I do agree with the hon. Member for Bishop Auckland regarding redress. Consumers must have effective ways to get things put right when they have a problem with their housing. That is why we are committed to legislate, so that freeholders have a right to challenge the reasonableness of any maintenance charges for which they are liable. That is why we will establish a new homes ombudsman to protect the interests of homebuyers and hold developers to account when things go wrong.

The hon. Member for Croydon Central asked four specific questions. First, I am certainly willing to consider the suggestion to use Help to Buy as a lever to improve standards. Secondly, on mis-selling, it is open to any hon. Member to make a reference to the regulatory authorities, whether that be the FCA or the Senior Salaries Review Body. Is the hon. Member for Bishop Auckland still on the Treasury Committee?

[Helen Goodman]

indicated dissent.

[Kit Malthouse]

Well, the hon. Lady knows the FCA well, so if she wants to make a reference, then by all means she should. She asked me about the legislative timetable. Our aspiration is for some time in the next 12 months. The terms of reference have not been decided for Lord Best’s review of leasehold and whether those lessons could be transferred across the field. We will certainly consider that suggestion as part of the process.

In conclusion, it is certainly the case that as a constituency MP I have experience of exactly the issues that have been raised, and I have been in discussion, shall we say, with the developers concerned in my own constituency, so I am well aware of the issues that have been aired this afternoon. I am grateful to the hon. Lady for bringing such focus to the matter. I assure her that we will take action as soon as we can.

Tower Blocks: Dangerous Cladding

Kit Malthouse Excerpts

Tuesday 22nd January 2019 Commons Chamber

[John Healey (Wentworth and Dearne) (Lab)]

(Urgent Question): To ask the Secretary of State for Housing, Communities and Local Government if he will update the House on the action taken and planned by the Government with respect to high-rise residential blocks with dangerous cladding.

[The Minister for Housing (Kit Malthouse)]

There is nothing more important than ensuring that people are safe in their homes, and we remain determined to ensure that no community suffers again as the community did so tragically and appallingly at Grenfell Tower. Within days of that tragedy, a comprehensive building safety programme was put in place to ensure that residents of high-rise blocks of flats are safe and feel safe now and in the future. Our Department has worked with fire and rescue services, local authorities and landlords to identify high-rise buildings with unsafe cladding and to ensure that interim safety measures are in place until issues are permanently remediated. Measures have included waking watch, which has been put in place in all high-rise buildings with ACM cladding, with the oversight of the National Fire Chiefs Council. As of 31 December last year, interim measures have been in place on all 176 high-rise private residential buildings with unsafe ACM cladding.

Permanent remediation must rightly now be our key focus. On 18 December, we published our plan to implement the recommendations of Dame Judith Hackitt’s independent review of building regulations and fire safety, which will create a stronger regulatory framework and fix the issues for the long term. We have repeatedly called on private building owners not to pass costs on to leaseholders who find themselves in this position through no fault of their own. We have also warned private building owners that, unless they remove and replace unsafe ACM cladding from their high-rise residential buildings now, local authorities have the power to complete the works and recover the costs from the owner. As a result of our interventions, we have secured commitments from owners of 268 privately owned buildings, 212 of whom have either started works, completed them or have commitments in place to remediate. There remain 42 private residential buildings for which the owner’s plans are unclear, so we are maintaining pressure and rule out no solutions.

This is obviously a matter of great importance to many colleagues and, indeed, to many constituents, and that is reflected in the huge amount of activity that is taking place both within the Department, externally within the industry and, critically, in this House. There is an Adjournment debate tomorrow, and I will appear at oral questions and before the Housing, Communities and Local Government Committee on Monday.

[John Healey]

It should be a cause for national shame that, over 19 months after the Grenfell Tower fire, I am having to drag Ministers to the House because there are still buildings in this country cloaked in Grenfell-style cladding and residents who do not know whether their homes are safe, as the Daily Mirror has revealed today. It is shocking that the Government’s own figures show that there were 437 high-rise blocks with the same Grenfell-style cladding and that 370 are yet to have it removed and replaced. It is shocking that the Minister knows every one of those blocks but will not name the landlords or tell the residents. Whatever he says he is doing, it is not working. For over 19 months, any progress made has simply been too slow, too weak and always following pressure from this House and from Labour. If the Government cannot fix problems this serious and urgent, what on earth are they in office for?

Here is a six-point plan to sort out the problems, and this is what we have been arguing for months. First, widen the Government testing programme to cover all suspect cladding, not just ACM cladding. Secondly, set a deadline for all blocks to be made safe. Thirdly, make clear the legal duty for block owners to get this work done, and to pay for it without passing on the bill to hard-pressed leaseholders. Fourthly, set up a loan fund for private blocks. Fifthly, name the landlords and tell the residents so that the public know the safety status of all high-rise blocks. Finally, toughen the sanctions, up to and including taking over blocks to get this vital fire safety work done.

For more than nine months, as the Minister has repeated today, the Secretary of State has said that he is not ruling anything out. It is time to rule things in, and it is time to reverse the refusal to act on all these fronts.

In the days after the Grenfell tragedy, the Prime Minister promised the nation:

“My Government will do whatever it takes to…keep our people safe.”

When will the Minister finally be able to come to this House to tell us and the public that the Government have honoured that pledge?

[Kit Malthouse]

I am sorry that the right hon. Gentleman has sought to make this such an antagonistic exchange in what is a difficult and complicated situation that requires significant amounts of engineering and construction work, which will necessarily take time. He will know that the response from both the Department and the Government in the aftermath of the Grenfell tragedy was immediate and wide-ranging. The commissioning of Dame Judith Hackitt to conduct her inquiry was an important step forward in tackling this issue.

Since then, significant resource and effort have been injected into the need to remove this cladding, but the vital first step was to make sure that people living in high-rise blocks with ACM cladding were safe immediately, and those steps were put in place immediately. We now know, and can tell everyone in tower blocks with this cladding, that they are safe tonight. The Government’s primary focus was to make sure there were enough interim measures in place and that local fire and rescue services were satisfied that the buildings were immediately safe, while at the same time providing the resources, assistance and support—and, yes, cajoling some in the private sector to do their duty and replace this cladding.

That is what we continue to do, and we are making significant progress. However, the right hon. Gentleman is correct that we will get to a point where, for a small number—we are now down to a small number—of owners or contractors who put this cladding on buildings, we will need to consider more assertive measures, and those measures are under active consideration at the moment. All the while, in all of this—he may present himself as an expert, but I am certainly not an expert—we are guided by expert opinion, which includes Dame Judith Hackitt’s review and the independent expert advisory panel that was constituted in the immediate aftermath of Grenfell. We follow their advice in making sure that we can guarantee people’s safety tonight.

[Sir Peter Bottomley (Worthing West) (Con)]

I agree with my hon. Friend that it is not a very bright idea to be partisan about this, given that the majority of the non-private blocks are probably in Labour-controlled councils.

Has the advice on fire and evacuation changed, and is the policy of staying put still right for these blocks? How will my hon. Friend take advice from the representatives of leaseholders? They are the ones who are made to carry the can, but they are regarded as only tenants for most legal purposes.

[Kit Malthouse]

The advice on evacuation procedures is for the local fire and rescue service to determine. Depending on the formulation of the building, advice is given on whether it should be evacuated simultaneously or sequentially, and that advice varies from building to building. In the end, it is for the local fire and rescue service to satisfy itself that there are appropriate evacuation procedures in each building.

My hon. Friend is a well-known and long-standing champion for leaseholders in a number of circumstances, and he will know that we are putting significant pressure on building owners and, indeed, contractors to ensure that leaseholders do not bear the cost of this situation in any circumstance. The Secretary of State has not ruled out any particular measure in making sure that that pertains.

[Alison Thewliss (Glasgow Central) (SNP)]

It is all very well for Ministers to come here and say “never again” after Grenfell, but it is extremely disturbing to hear the news from the X1 Eastbank block in Manchester. Not only did the construction firm apparently neglect to pass on the findings of a failed test, but it appears to have threatened to withhold payment for the test unless the testing company signed a non-disclosure agreement concerning the results. Will the Minister confirm whether the Secretary of State can request that information from the construction firm’s administrators and make sure that it is all handed over?

In the more than 18 months since the Grenfell tragedy, there seems to have been a continued lack of progress and reform. The Royal Institute of British Architects has stated that England lags behind Wales and Scotland, which have in place, or are introducing, regulations to require sprinklers and provide a second means of escape. The Scottish Government-led review of the Scottish fire safety regime by the building and fire safety ministerial working group produced its conclusions and recommendations in December last year. What discussions has the Minister had about that with housing Minister Kevin Stewart in Scotland, and are there recommendations from the group that he could easily implement in England?

Finally, I ask again whether the Government will consider zero rating materials for replacement cladding. That would help to reduce the costs for firms that want to take such remediation measures, and make it easier for them to do so.

--- Later in debate ---

[Kit Malthouse]

As I said in my earlier answer to the right hon. Member for Wentworth and Dearne (John Healey), I believe we are making progress on remediation. That is particularly true in the social sector, but we are now seeing signs that significant progress is being made in the private sector with the number of buildings that have been completed, the commitments that have been made and the work that is ongoing.

Regarding the Manchester situation that is on the front page of the paper today, I understand that the local fire and rescue service is satisfied that everybody will be safe in that building tonight, and that temporary measures are in place while the work is being done. There seems to be some complication about getting that work done, but it is being done.

Sadly, I have not met the Minister whom the hon. Lady mentioned, but as she will know, we are reviewing approved document B—the fire safety building regulations —and we would welcome any contribution towards that consultation to help us to get this right.

[Robert Neill (Bromley and Chislehurst) (Con)]

Assertive measures are urgent for my constituents at Northpoint in Bromley, one of the 42 buildings where the owner—in this case Citistead, an offshoot of the Tchenguiz family trust—refuses to meet its obligations and insists that it will use a term in the lease to pass on the costs to the flat owners regardless. The Government need to introduce a legally foolproof mechanism to override those provisions and prevent my constituents and others from being forced to pick up the tab. Words are not enough.

[Kit Malthouse]

My hon. Friend is a fierce advocate for his constituency, and we share his concern about the position of the Northpoint residents. We have been very clear that leaseholders should not bear the cost, and he will be pleased to learn that the Secretary of State has written to the building owner and other parties concerned to make it clear that he expects them to fund the work.

[Mr Clive Betts (Sheffield South East) (Lab)]

The Secretary of State has just written to the Select Committee about the role of local authorities, and local authorities clearly have powers under the Housing Act 2004. When building owners will not act and the local authority acts instead, it may incur costs that it can try to recover from building owners. Can we have an absolute guarantee from the Minister that when local authorities find it impossible to do so, the Government will find that money so that it will not have to be found from hard-pressed local authority budgets?

[Kit Malthouse]

The Chair of the Select Committee raises an important point. We have offered financial assistance to local authorities, and we will work in partnership with them to attempt to recover the money. Where that proves to be impossible, we will try to reach as convenient and financially efficacious an arrangement as possible.

[Greg Hands (Chelsea and Fulham) (Con)]

May I ask my hon. Friend about Hartopp Point and Lannoy Point, two 14-storey blocks in Fulham that are rumoured to face demolition? Residents—including leaseholders who are worried about getting proper compensation —are extremely concerned, and opposition Conservative councillors are calling for an emergency council meeting tomorrow night. Will he join me in urging Hammersmith and Fulham Council to lift the secrecy from its proposals and communicate properly with concerned tenants and leaseholders?

[Kit Malthouse]

My right hon. Friend raises what sounds like an alarming situation. Where people’s homes are concerned—whether it is about safety, the future of their homes or, indeed, demolition—I urge all those in authority to be as transparent as possible. It can be extremely debilitating, concerning and worrying for any resident to have the future of their home mired in uncertainty. I hope that he gets the clarity that his residents need.

[Lucy Powell (Manchester Central) (Lab/Co-op)]

If the Minister was one of my constituents in the X1 block in Manchester, I am sure that, like them, he would have woken up this morning feeling not only worried and scared, but furious—furious at the way in which the matter has come to light, and furious that there is still, after all this time, no accountability, no transparency and no recourse for the people affected. We urgently need legislation, which must also cover leaseholders who, like those in many of the blocks in my constituency, cannot sell their homes because of the fear that they will have to pay the cost of recladding. This has got to stop.

[Kit Malthouse]

The hon. Lady is quite right; given the story on the front of the paper, anyone who lived in that block would be worried. We have reassured ourselves that the Greater Manchester fire and rescue service is satisfied that everybody resident in that block is safe tonight, and that there has been sufficient engagement by the owners and managing agents to make sure that the temporary measures that are in place are adequate to keep residents safe.

We understand that there is work under way. I believe that that work has been contracted, but it is yet to be made clear who will pay. We will put pressure on the owners and managers of that building, as we are doing with all owners and managers, to make sure that it is not the leaseholders who pay. At this stage, we are not ruling out any particular measure for making sure that that is the case.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

The Housing Minister is doing excellent work on the matter, both behind the scenes and out in front. I have spoken to him about it on a number of occasions. Particularly with private sector buildings where there is no obvious freeholder responsible for replacing the cladding, does he consider that central Government should step in and fund the cost of replacement until it can be established who is responsible for it, after which they should reclaim that money?

[Kit Malthouse]

My hon. Friend is quite right, and he points to something that will become an increasingly difficult issue. In a number of cases, the freeholder of a building—essentially, the owner of the building—may well be obscure, overseas, difficult to contact or, indeed, a dormant company. In those circumstances, as the Chair of the Select Committee pointed out, local authorities have the power to enter the premises and do the work. We have offered financial support to make sure that it gets done.

[Emma Dent Coad (Kensington) (Lab)]

I am very concerned to see the Minister treating this like some kind of theoretical exercise. People are genuinely afraid in their beds and it is not really enough for the Minister to say that he is satisfied. Seventy-two of my neighbours—including those who had warned people about their fears—died in the worst possible circumstances, in front of their neighbours. Hundreds were made homeless, and 19 months later many are still homeless. Nearly 700 children have been diagnosed with post-traumatic stress disorder, as have nearly 1,500 adults.

This was all preventable. Look at the cases over the years in which people have died in fires spread by external cladding, including at Summerland leisure centre, Knowsley Heights, Garnock Court and Lakanal House, where the coroner advised specifically how the Government should change building regulations to keep people safe. Nothing has yet changed. The Government are ignoring warnings, and our constituents are going to bed afraid. Current measures are not working. One of the Grenfell survivors said:

“Grenfell 2 is in the post.”

How many more must die before the Government take positive action to keep people safe in their beds?

[Kit Malthouse]

I am sorry that the hon. Lady has not acknowledged the significant amount of work that has since taken place, not least the work of Dame Judith Hackitt, which has been seminal and foundational in our changing of the building regulations for the future. The hon. Lady should be under no illusion about the seriousness with which I take the matter. It has occupied very significant amounts of my time since I was appointed in the summer, including chairing the ministerial taskforce, having regular meetings with the team internally to make sure that we are driving performance and numbers and, critically, engaging with the Grenfell community, as I have done on many occasions, both individually and collectively. That included, movingly, attending the silent walk that took place just before Christmas. We believe this a significant part of our responsibility to make sure that everybody is safe.

As I said earlier in response to the right hon. Member for Wentworth and Dearne (John Healey), our primary concern is to make sure that every resident is safe tonight. Whatever measures are required—whether a waking watch, the retrofitting of heat sensors or smoke alarms, new doors, or whatever else it might be—our primary concern is that every local fire and rescue service can guarantee to the Department that everybody who is in a residential building of more than 18 metres is safe tonight.

The secondary concern of importance is getting the remediation done. We are making significant progress on that and will be accelerating that progress in the next few months.

[Bob Blackman (Harrow East) (Con)]

In evidence to the Select Committee, Rockwool has claimed that there are more than 1,600 high-rise buildings with unsafe cladding, rather than the 397—I think—that the Department claims. That is a clear, massive disparity. Will my hon. Friend make sure before he comes before the Select Committee next Monday that we are given a clear explanation of why there is this wide disparity and that he will take action to make sure that all 1,600 buildings are made safe?

[Kit Malthouse]

My hon. Friend makes an important point of which we should not lose sight: there are types of cladding other than ACM cladding. He will know that the Department issued advice to building owners in December 2017 on how to investigate non-ACM cladding systems on their buildings and remediate them. At the Secretary of State’s request, the expert panel reviewed and updated that guidance in December last year, and it reiterates that the clearest way to ensure safety is to remove any unsafe materials. We have commissioned the Building Research Establishment to conduct a programme of testing on non-ACM materials, and we expect that testing to start shortly.

[Ms Karen Buck (Westminster North) (Lab)]

Will the Minister confirm that however strongly worded the letters that he writes to property owners are, they have no legal status whatsoever, so those owners can legally ignore them? Given that, will he tell us what the timescale is for the decision on when he will proceed to legislation; exactly what factors he will bear in mind when he makes that decision; and at what point property owners will know that if they refuse to act, legal action will be taken to force them to do so?

[Kit Malthouse]

Whatever the status of the work that has been done by the Department and of the letters from the Secretary of State, it is bearing some fruit. A large number of companies have taken their responsibilities seriously and are now funding remediation, some of which is quite elderly, and they are doing it for all the right reasons. We are working on the group who have yet to acknowledge their responsibilities and are hopeful of more success on that. As far as legislation is concerned, the hon. Lady will know that just before Christmas we published the Hackitt implementation plan for consultation, along with several other calls for evidence and consultations. Once they are all in and completed, we will produce the legislative programme.

[Dr Matthew Offord (Hendon) (Con)]

The Minister has mentioned a number of small private developers and, indeed, individual freeholders, but will he write to me about Premier House in Edgware, to ensure that my local leaseholders and constituents do not have to foot the bill for the removal and replacement of materials that are considered dangerous? My constituents have already paid out thousands of pounds to their freeholder, a small independent developer. Although they are grateful for the Minister’s support, the leaseholders want legal clarity and certainty that they will not be forced to pay any additional moneys.

[Kit Malthouse]

My hon. Friend is quite right to raise the interests of his constituents. I am not aware of the particular situation, but I am more than happy to investigate and write to him, as he requests.

[Andy Slaughter (Hammersmith) (Lab)]

It is quite extraordinary that the Minister has just said that testing on non-ACM-clad buildings is about to start. There are around 340 high-rise buildings clad with non-ACM combustible materials, and more than 1,000 high-risk buildings. Will he guarantee, now, that those buildings—like Lakanal House, where six people died 10 years ago—will all be tested and treated in the same way as ACM-clad buildings?

[Kit Malthouse]

In considering what we should do about non-ACM cladding, we have been guided by the expert panel, which includes Dame Judith Hackitt, on how we should proceed, and we are proceeding on the panel’s best advice. As I said, we expect testing on non-ACM cladding to begin shortly, and the conclusions of that work will obviously colour what action is taken next.

[Kevin Foster (Torbay) (Con)]

The Minister and I share a local government background, particularly in relation to the fire service, so he will be aware of the importance of not only how regulations are set up but how they are enforced, and I am sure that he shares my concerns about the changes that were made a decade ago. As part of his review of building regulations, what consideration is he giving to ensuring that they are actually complied with?

[Kit Malthouse]

With his usual acuity, my hon. Friend puts his finger on an important point. As part of her review, Dame Judith Hackitt considered whether there is an inherent conflict of interest for those who are implementing buildings and paying for building regulation and therefore being inspected. That is one of the issues that we will explore with the industry. It is about how we can ensure professional standards and professional independence in safety-critical situations.

[Dame Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

I have previously raised in the Chamber the situation of my constituents in Heysmoor Heights in Liverpool. They live in a high-rise property owned by the offshore company Abacus Land 4. My constituents have already paid for replacement cladding. The situation in relation to insurance cover is completely confused: constituents were told that it was covered, but are now told that it is not. In view of the Minister’s commitment that private owners should not pass on the cost of replacement cladding to leaseholders, will he intervene in the case of Heysmoor Heights?

[Kit Malthouse]

I am more than happy to look into the specific situation and write to the hon. Lady once I have had a review from the Department.

[Mark Pawsey (Rugby) (Con)]

For a variety of reasons, local authorities with high-rise social housing are in the process of taking it down. That includes Rugby Borough Council, which is about to demolish two blocks at Biart Place, where there are structural concerns, and replace them with a larger number of conventional housing units. Does the Minister agree that this process should be accelerated?

[Kit Malthouse]

It is typical of my hon. Friend to fight for improvements for his constituents. I agree that for buildings built in the 1960s and ’70s—I do not know what period the buildings he refers to are—refurbishment often presents more challenges than demolishing and replacing them. In doing so, the consideration of a different formulation—including streets, squares, low rise and high density—may well be preferable to high rise.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

Of course, grave fire risk is no respecter of boundaries within the UK. We heard a wee snippet from the hon. Member for Glasgow Central (Alison Thewliss) on what the Scottish Government are doing about this issue; dare I assume that Her Majesty’s Government and the devolved Administrations are communicating and co-ordinating to establish the safest possible regime throughout the United Kingdom?

[Kit Malthouse]

These are obviously devolved matters, but the hon. Gentleman should be reassured that, certainly in respect of my responsibilities in this country, we will leave no stone unturned and turn away advice from no one if they are getting it right. As I have said, we are currently going through a series of consultations to get this right. If the Scottish or, indeed, Welsh experience can inform our consultation on approved document B —the building regulations—I would be more than happy to consider it.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

The Minister tries to assure our constituents that they can sleep at night, but I remind him that when he was a London deputy Mayor making fire service cuts and shutting down fire stations, he also assured us that people could sleep at night. Subsequently, we had the Grenfell disaster. I respectfully ask him to take this matter very seriously, or he will not be able to sleep at night because of the prospect of people continuing to live in danger. There are 41 blocks in my constituency that need urgent action; he needs to legislate now.

[Kit Malthouse]

The hon. Lady is quite right to point out that I have spent a significant period in the frontline of public safety policy delivery. I like to think that my record in doing so, particularly on crime, speaks for itself. She will know that during my time at City hall as deputy Mayor for policing, we drove crimes, including teenage murder, down to 20-year lows. We did that by application, dedication and commitment, and I am giving exactly the same to this subject.

[Jack Dromey (Birmingham, Erdington) (Lab)]

Nineteen months on from the Grenfell tragedy and despite all the warm words, not one penny has been forthcoming from the Government to help Birmingham City Council make safe 213 tower blocks in which 10,000 households live. Now the Department has at last written to the council asking whether it has any other “sizeable building safety issues”. That is scandalous. When will the Government accept their responsibility and contribute towards the very significant cost being undertaken by the city council to ensure that our city’s tenants are safe?

[Kit Malthouse]

We have already made a very significant contribution towards supporting remediation in the social sector, and we have already allocated £248 million to remediate 135 buildings out of a fund of £400 million. We are still receiving bids from local authorities, and if Birmingham City Council can make the case, then, of course, we will support it.

[Mrs Madeleine Moon (Bridgend) (Lab)]

Rockwool is in the constituency of my hon. Friend the Member for Ogmore (Chris Elmore), but a number of its workforce live in Bridgend. They have come to see me to reiterate the concerns expressed by the hon. Member for Harrow East (Bob Blackman) that Rockwool’s product, which is fire resistant and has thermal and acoustic properties, is not being promoted in relation to the work that is ongoing. It is non-ACM. Why are we not looking at other products that could also enhance the retrofitting of buildings throughout the UK?

[Kit Malthouse]

I recognise the hon. Lady’s concern, but I am sure that she will agree that it is not for the Government to promote any particular product. The Government’s job is to set the framework in which those who are fundamentally responsible for building safety—that is those who build them and those who own them—are able to make the proper assessment of the safety of the products that they are using. It is quite obvious to everybody that the Grenfell Tower tragedy lifted a big flat rock on the building regulation system and showed that it has not functioned for some time across a number of Governments. We are trying to rectify that and to provide a framework in which developers, building owners and, critically, residents can be sure that the materials used to construct their homes are safe.

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

One of the 42 blocks that was mentioned by the Minister is New Providence Wharf, which is owned by Ballymore in my constituency. He repeatedly says that there are measures under active consideration to get these owners to comply. When will we actually see what these measures are?

[Kit Malthouse]

The hon. Gentleman is quite right that the New Providence Wharf situation is one of those that is currently unresolved. We are engaged with Ballymore, which is the owner at the moment, and it is making the case that leaseholders should carry the cost. We have made it clear to it that that is not the case, and we will keep up the pressure and hope for a resolution soon.

[Diana Johnson (Kingston upon Hull North) (Lab)]

The Local Government Association says that it continues strongly to urge the Government to ban the use of any combustible materials on high-rise and high-risk buildings. Rockwool has been in touch with me about two buildings in Hull North: the Bransholme Health Centre and the Allam Medical Building. I am concerned to hear that these buildings have materials that are combustible and could be dangerous. Is the Minister concerned, as I am, about these type of buildings not being part of his proposed plan?

[Kit Malthouse]

I am, of course, concerned to hear that, and the hon. Lady will know that we introduced a complete ban on combustible materials on buildings over 18 metres just before Christmas. That ban is not retrospective. However, all building owners have a duty to ensure that their buildings are safe, and if they believe, after assessing their buildings, that they are not safe, they also have a duty to remediate. It is almost impossible for us, I guess, to tour the country and review every single circumstance, which is why we are stressing that the primary responsibility for this lies with the building owner. If she knows of buildings that she believes are not safe, and the building owner is not taking the action that is required, she should, in the first instance, speak to her local authority colleagues who have the power to intervene. If that fails then, by all means, write to me.

[Chris Elmore (Ogmore) (Lab)]

As has been mentioned, I represent Rockwool, which has its base in my constituency—the only base in the UK. The Minister says in answer to my hon. Friend the Member for Bridgend (Mrs Moon) that it is not Government’s job to legislate on the use of whichever materials a house builder may need and that is down to the house builder. I am sorry, but I do not agree with him. Ministers legislate all the time on health and safety matters. The reality is that we should not have combustible insulation inside tower blocks, hospitals or schools. The Government could legislate on that today for public safety.

[Kit Malthouse]

Perhaps I was not as clear as I should have been. The hon. Gentleman is quite right. We have banned combustible cladding, which includes insulation, from all high-rise buildings. Anything that forms the skin of the wall and is combustible is now banned for new buildings. The point that I was making to the hon. Member for Bridgend (Mrs Moon) is that it is not for us to legislate that a particular company’s product should be used. What we are in the process of doing is a review of approved document B. I urge both him and his constituents to contribute to the consultation on approved document B to make sure that we are getting the standards to which products must adhere right so that people within the industry can make a selection among products that they know have been tested correctly and are at the right standard to show that they are not combustible and can be used safely on high-rise buildings. That is exactly what we are trying to establish at the moment through the review and I urge him and all colleagues who have questioned me today to participate in that consultation.

Oral Answers to Questions

Kit Malthouse Excerpts

Monday 10th December 2018 Commons Chamber

[Mr Laurence Robertson (Tewkesbury) (Con)]

7. What steps he is taking to increase the amount of carbon-neutral housing; and if he will make a statement.

[The Minister for Housing (Kit Malthouse)]

As set out in the Government’s clean growth strategy, we plan to consult in the spring of next year on an uplift to the energy efficiency requirements for new homes and other buildings where there are safe, practical, cost-effective and affordable opportunities to do so.

[Mr Robertson]

I thank the Minister for that response. At a time when the Government are urging more house building and looking at climate change as well, would it not be a good time to change building regulations so that all houses are self-sufficient in electricity? That would have the dual benefit of reducing utility costs and saving the planet.

[Kit Malthouse]

My hon. Friend is a persistent and effective advocate for renewable energy and for energy self-sufficiency. He is quite right that technology is currently emerging that may well enable domestic self-sufficiency in the future. I would be more than happy to explore the possibilities with him in the spring.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Do the Minister and the rest of the Ministers on the Front Bench not understand that those in local government are so demoralised by a lack of funding that they cannot get their heads round carbon-neutral housing or almost anything else because they are struggling to meet the basic needs? In my own local authority area, we do not even have a youth service any longer.

[Kit Malthouse]

The hon. Gentleman is doing a disservice to local authorities, which have grasped the raised energy standards for new homes over the past few years, increasing them by 30% and saving all our electors, on average, £200 on their energy bills.

[Luke Graham (Ochil and South Perthshire) (Con)]

8. What assessment he has made of his Department’s progress on delivering more new homes.

[The Minister for Housing (Kit Malthouse)]

The latest figures show that over 222,000 new homes were delivered in England last year—clear progress towards our ambition of delivering 300,000 a year by the mid-2020s. This brings the total number delivered since 2010 to more than 1.3 million.

[Luke Graham]

House building in Scotland has plummeted under the Scottish National party, which, since 2015, has also slashed UK-wide schemes like Help to Buy. What steps is my hon. Friend taking to work with the devolved Administration to make sure that UK-wide schemes are accessible to my constituents so that they do not miss out?

[Kit Malthouse]

As my hon. Friend will know, my writ does not run north of the border. However, I note that in the autumn Budget of 2017, the Scottish Government received Barnett consequentials of almost £1 billion as a result of increased allocations to MHCLG for Help to Buy. I urge him and his colleagues north of the border to keep campaigning—to keep the pressure up—because Help to Buy is enormously popular and is helping many tens of thousands of first-time buyers, in particular, on to the housing ladder. At the very least, they should join him in campaigning for a Conservative victory in the Scottish elections in 2021 to make sure that people will get the homes they need.

[Clive Efford (Eltham) (Lab)]

Why has home ownership fallen to the lowest level in 30 years under this Government?

[Kit Malthouse]

Home ownership has been on a gradual decline for some time—the hon. Gentleman is quite right—under Governments of all types. The main reason, frankly, that it has declined very significantly is that Labour crashed the economy in 2007-08, as he well knows. The coalition Government and this Government inherited a housing crisis of enormous proportions. After the crash, net additions to the housing stock fell to a low of 134,000. We have thankfully now got it up to 222,000, with more yet to do, and made an enormous financial, technical and practical commitment to the housing market and to building the homes that the country needs, unlike Labour, which was so complacent that it ran us into a brick wall.

[Sir Mike Penning (Hemel Hempstead) (Con)]

Unemployment in Hemel Hempstead is at the lowest level it has ever been since the new town was built, so we would think that there would be more right to buy in the case of the 18,000 council houses that we still have in the stock. Unfortunately, though, because there is a £77,000 limit on the amount of discount we can get, people working in the local community—nurses and firemen—cannot afford mortgages as the properties are very highly priced. Can we look at the £77,000 limit, particularly in the south-east, because it just not does work for right to buy?

[Kit Malthouse]

As my right hon. Friend will know, home ownership is extremely important to the Government, as it is to him. Affordability is an issue in areas such as his, on the fringe of the capital. We have kept right-to-buy discount under review, and it was reinvigorated back in 2012, to address the issue that he raises. I urge him to speak to his local council, to explore other ways within the affordable housing envelope to address that issue. If he had been at questions last time, he would have heard a very good question from my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) about discounted market sales, which may well be a route to ownership for many people.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Will the Minister meet me to discuss funding new affordable homes in rural communities such as mine in Cumbria by allowing councils to increase council tax on second homes? Excessive second home ownership robs our communities of a permanent population. A second homes tax could help to fund affordable homes for local families and keep our communities alive.

[Kit Malthouse]

It would give me enormous pleasure to meet the hon. Gentleman to discuss that matter. As he will know, we have been looking at that in some detail, and the Under-Secretary of State for Housing, Communities and Local Government, my hon. Friend the Member for Richmond (Yorks) (Rishi Sunak), tells me that we are consulting on tightening up some of the loopholes, particularly around business rates and council tax. I recognise that in some parts of the country—not least my own—second homes can be an issue, and I would be happy to meet the hon. Gentleman to discuss that.

[Alison Thewliss (Glasgow Central) (SNP)]

I would like to draw the attention of the hon. Member for Ochil and South Perthshire (Luke Graham) to an article in Inside Housing by Jules Birch called “England could learn a few things from Scotland when it comes to affordable housing”. Since 2007, the SNP Scottish Government have delivered 78,000 affordable homes, including more than 50,000 for social rent, because we have made it a priority. As this Government have fallen so far short of every target they have set, may I encourage the Minister to meet Kevin Stewart, the Scottish Government’s Housing Minister, to ask what he has done to achieve housing targets?

[Kit Malthouse]

I am always happy to meet anybody who will help us to build more of the homes that Britain needs, and if someone from the SNP can spare some time from stoking grievance to meet constructively, I would be more than happy to do so. As I said, we are making an enormous effort to raise the output of the house building industry of all types of home, both public and private, in this country. We have managed to get up to 222,000 new homes, which is the largest expansion in house building for many decades—it is the highest level of output in all but one of the last 31 years. We are making good progress towards our target of 300,000 new homes a year of all types, including affordable, private and social.

[Richard Graham (Gloucester) (Con)]

9. What steps his Department is taking to review the distribution of funding to local government.

--- Later in debate ---

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

10. What progress has been made on the voluntary right to buy pilot in the midlands.

[The Minister for Housing (Kit Malthouse)]

The midlands pilot was launched on 16 August, with over 9,000 house- holds registering for the ballot. Successful tenants are now applying to their housing association to buy their home. Our £200 million investment in the pilot will help thousands of housing association tenants to realise the dream of home ownership.

[Steve McCabe]

I realise this is a pilot, but if the Government do not know how many properties are available for sale and how many of the Mayor’s 6,000 lottery winners will actually be able to buy their own home, how is this the best use of scarce resources— £200 million—in the part of the country with the worst homelessness problem outside London and the south-east?

[Kit Malthouse]

The whole purpose of a pilot is to answer the questions that the hon. Gentleman quite rightly raises. As for whether this is the best use of resources, I think that 9,146 housing association tenants in the area might agree it is, given that they applied for the funding. He is quite right that 6,000 were successful in the ballot, and we expect a smaller number than that to proceed to take advantage of buying their own home. Following the completion of the pilot, we will assess and answer those questions about where we go next.

[Mark Pawsey (Rugby) (Con)]

My constituent Joanne Betts of Cawston in Rugby was very disappointed not to be successful in the ballot. When does the Minister think she may have an opportunity to buy her home? She has of course contributed a large proportion of its cost through the rent she has paid over many years.

[Kit Malthouse]

My hon. Friend is quite right to raise the disappointment of his constituent. I am sorry that there were winners and losers in the ballot, but it was laid out early on in the pilot that the £200 million was capable of funding only a certain number of sales. We reckon that will be less than 6,000; we over-programmed it because not everybody will be able to proceed. Once the pilot is completed, and we can assess the results and the demand, we will be able to take a view on where we go next.

[Mr Jim Cunningham (Coventry South) (Lab)]

Will the Minister clarify the Government’s position in relation to the right to buy in the voluntary sector? As he knows, the voluntary sector is under a lot of pressure.

[Kit Malthouse]

As the hon. Gentleman will understand, the pilot is a voluntary pilot. We agreed with the National Housing Federation that the midlands was a good place to do it to assess, from both the housing association sector and the Government side, how we can best effect and fulfil the aspiration of the majority of housing association tenants who want to own—from a financial point of view but also from an effectiveness point of view. We want the pilot to bed in, to see how it performs over the next couple of years and then to reach some conclusions after that.

[Jess Phillips (Birmingham, Yardley) (Lab)]

11. What steps his Department is taking to support people sleeping rough at Christmas 2018.

--- Later in debate ---

[Robert Courts (Witney) (Con)]

T5. Plans for the Oxfordshire Cotswolds garden village will see 2,200 homes built near Eynsham on the A40—an already congested road—in west Oxfordshire. Can the Minister pleasure assure me that garden villages are indeed free-standing settlements with their own schools and GP provision and that their connected infrastructure upgrades happen before, not after, the new homes are completed?

[The Minister for Housing (Kit Malthouse)]

I congratulate my hon. Friend and his local authority colleagues on their ambition in welcoming this new garden community to their area. I can confirm that all such communities should be well planned, and include appropriate infrastructure, both hard and soft, so that they are of benefit to the local area, rather than a subtraction.

[Sandy Martin (Ipswich) (Lab)]

T7. Given that the Department for Work and Pensions is relying on citizens advice bureaux to deliver universal credit, what conversations has the Secretary of State had with local authorities about their proposed cuts to CABs’ core funding, and has he warned his colleagues that many CABs may cease to exist?

Planning: South Somerset

Kit Malthouse Excerpts

Wednesday 28th November 2018 Commons Chamber

[The Minister for Housing (Kit Malthouse)]

It is a great pleasure to respond to this debate, not least because the A303 is a golden thread that runs from my constituency to that of my hon. Friend the Member for Yeovil (Mr Fysh). I know that we both treasure it as a road that features large in our postbag. Somebody once said that if we want to keep something secret, we should make a speech about it in the House of Commons. Given the contents of my hon. Friend’s speech, I doubt very much it will remain a secret for long, at least in his constituency.

I should first point out to my hon. Friend, as many hon. Members will know, that the Secretary of State has a quasi-judicial role in the planning system. I am sure that people will therefore understand that it would not be appropriate for me to comment on the detail of individual cases. However, I can talk about the issues raised more broadly. My hon. Friend quite rightly raises the ability of the community to influence the planning system, and we are very keen that our planning system should be one that puts local communities front and centre. Planning must be done with local people, not to them.

If we are to ensure that more homes are built in the right places at prices our constituents can afford, we need to make sure that we make the best possible use of the land that is already in the system. The revised national planning policy framework is fundamental to delivering the homes we need in places where people want to live. It sets out a comprehensive approach to ensuring that we get the right homes built of the right quality in the right places. At the same time, it includes policies for leaving our environment in a better condition than when we inherited it, speeding up build-out and providing local areas with more flexibility to make effective use of land. The revised NPPF retains an emphasis on development that is sustainable and plan-led, with local decisions still at the heart of the system.

Local plans are the key vehicle for how this national policy translates locally. I note my hon. Friend’s involvement in his local plan. Local plans must be prepared in consultation with communities and play a key role in delivering the development and infrastructure we need in the right places. They provide clarity to communities and developers about where homes should be built and where not, so that development is planned rather than the result of speculative applications. It is crucial that local authorities have up-to-date local plans, produced in consultation with local people. I urge my hon. Friend and his constituents to make use of the opportunities to participate in developing South Somerset’s local plan, which is currently under review. I applaud the ambition for housing and new settlements in his patch, and I would be more than happy to discuss them with him.

Neighbourhood plans play a key part in communities having a voice in local planning. Over 2,400 communities have begun the process of developing a neighbourhood plan, to shape the future development of their areas. Some 13 million people across England live in a neighbourhood planning area. Seven of those areas are within my hon. Friend’s constituency, and three are now part of the development plan for South Somerset, having passed referendums.

Some neighbourhood plans, however, were being undermined because the local planning authority could not demonstrate a five-year land supply, as my hon. Friend pointed out. The revised NPPF has addressed that issue. Neighbourhood plan areas are provided protections from speculative development in instances where the local planning authority lacks a five-year supply of land, provided that all four of the following criteria are met: first, that the neighbourhood plan became part of the development plan two years or less before the date on which the decision is made; secondly, that the neighbourhood plan contains policies and allocations to meet its identified housing requirement; thirdly, that the local planning authority has at least a three-year supply of deliverable housing sites; and fourthly, that the local planning authority’s housing delivery was at least 45% of that required over the previous three years.

My hon. Friend mentioned decision making. Planning decisions are taken in full view of the public. Local people have a right to look at applications and plans. Local people can also attend council planning committee meetings to see certain decisions being made. Once submitted, planning applications are required to be determined in accordance with the local plan and any neighbourhood plans in place, unless material considerations indicate otherwise. Local planning authorities are required to undertake consultation before making their decisions and must notify neighbours about planning applications.

As the decision maker, the local planning authority must consider all the representations made within the specified period and take into account any relevant issues raised. Local opposition or support is not in itself a ground for refusing or granting planning permission, unless it is founded on valid planning reasons. Where people feel that they lack the knowledge or expertise to make effective representations, which is often the case, they can express themselves through their local councillors. They may also be able to access the services of Planning Aid England, part of the Royal Town Planning Institute, which operates a planning advice service staffed by chartered planners. Happily, it is a free service.

Local authorities typically operate a committee system when determining planning applications, with many decisions delegated to officers under an authority’s scheme of delegation. The operation of committees, including which applications are considered by members, are administrative matters for the local authority. Officers have to abide by their local authority’s code of conduct, requiring them to act in accordance with the seven Nolan principles of standards in public life. They are accountable to the public for their decisions and actions, and they must submit themselves to the scrutiny necessary to ensure that.

The law states that meetings of the council, including committee meetings, must be open to the public unless the matter under discussion would involve the disclosure of confidential information. Copies of the agenda and reports for council and committee meetings must be available for public inspection for at least five clear days before the date of the meeting. Where decisions are made by officers, councils are required to provide a written record as soon as is reasonably practicable, and it must contain the reasons for the decision. The written record and any background papers must also be made available to members of the public and retained for six years.

My hon. Friend mentioned third-party rights of appeal. Interested parties already have statutory rights to contribute their views in the planning process—in the production of the local plan or neighbourhood plan, at the planning application stage, and in response to most appeals by the applicant against a local authority decision. The existing right of appeal recognises that, in practice, the planning system acts as a control on how an individual may use their land. As a result, the Government believe that it is right that an applicant has the option of an impartial appeal against the refusal of planning permission. This existing right of appeal compensates for the removal of the individual’s right to develop.

Decisions on planning permission can be challenged by third parties in the courts only on a point of law, by judicial review, such as whether the correct procedures have been followed. Although there is only a right of appeal for those applying for planning permission, the planning system, as I have outlined, is centred on community involvement at every stage—plan making, neighbourhood planning and decision making.

I once again thank my hon. Friend for securing this valuable debate. I hope that my comments have demonstrated that planning should be done with people, not to them. I would be more than happy to meet him to discuss the issues he has raised. I note that he is going to make a submission for a call-in. We look forward to receiving his letter and will consider it with due process, as we are bound to do. He must recognise that the planning system does take into account the strong and important role that local communities play, with local decisions at the heart of the system. T. S. Eliot once wrote:

“Only those who will risk going too far can possibly find out how far one can go.”

I know that is an aphorism by which my hon. Friend will conduct himself in this matter, as he does in all others.

Question put and agreed to.

Housing Bodies: Accountability

Kit Malthouse Excerpts

Tuesday 20th November 2018 Westminster Hall

[The Minister for Housing (Kit Malthouse)]

It is a pleasure to appear once again before your wise and well-tempered supervision, Mr Hollobone. I congratulate the hon. Member for Coventry South (Mr Cunningham) on securing this important debate on a number of housing issues, which I will seek to address.

First, I thank the hon. Gentleman and other Members for assisting their constituents with numerous housing issues. I know from my own experience that housing can form a large part of an MP’s postbag, and I am grateful for the liaison with landlords and the resolution that is brought about by the actions of Members when something has gone wrong and when a service has not been as expected.

Let me start with complaints. A good complaints process must start with landlords. The regulator of social housing expects all registered providers of social housing to have in place a complaints process that is clear, simple and accessible. Landlords are also expected to publish their performance against those standards through an annual report. The regulator does not proactively enforce standards on complaint handling. The onus is on individual landlords, working with residents, to set their approach and timescales for handling residents’ complaints. However, the regulator considers every referral made to it, signposting those not within its remit to other organisations, including the housing ombudsman service.

I stress that if any hon. Member acting on a constituent’s behalf is unhappy with the response provided by a registered provider of social housing, once the landlord’s complaints process has been exhausted, that hon. Member may take the matter further. Social housing residents can approach the housing ombudsman service at any time to seek advice. However, currently they must pass the democratic filter, either referring a complaint to a designated person—a local councillor, Member of Parliament or tenant panel—or waiting eight weeks after their landlord’s investigation has concluded before a complaint can be formally investigated by the housing ombudsman.

The Government’s social housing Green Paper consultation, “A new deal for social housing”, which closed on 6 November, sought views on how to improve the system for seeking redress for social housing residents. We engaged extensively with residents to inform and shape the Green Paper. We heard that residents want redress quickly when things go wrong, and want processes to be clearer and simpler. We want to ensure that residents receive the help that they need to put things right when they have a housing problem. The Green Paper asked a range of questions on how we could deliver that, including questions about the future of the democratic filter, which can delay the complaints process.

Alongside those questions, the Green Paper set out proposals better to hold landlords to account. We consider that stronger action is required against landlords who consistently fail their residents. Part of the solution is to enable residents to understand and compare the performance of landlords. We have proposed a limited number of key performance indicators to achieve that, including a potential indicator on the effective handling of complaints.

Following publication of the Green Paper, we continued our face-to-face engagement with landlords and residents across the country. We wanted to give them an opportunity to input into and influence the consultation outcome. I assure hon. Members that they had some strong views about the handling of complaints, both positive and negative, which I heard myself, having visited six such events across the country. We are currently analysing the findings of those events alongside the other consultation responses, and we aim to publish our response in the spring.

As Members will know, the General Data Protection Regulation, also known as GDPR, imposes new rules on controlling and processing personally identifiable information. In addition, the regulator of social housing is clear that registered providers of social housing should accept complaints made by advocates, including Members of Parliament authorised to act on behalf of a social housing resident. I am not aware of the specific circumstances that the hon. Member for Coventry South mentioned, but I reassure him and other Members that nothing in GDPR or in the Data Protection Act 2018 prevents us from acting on behalf of our constituents in discussions with a registered provider of social housing.

[Mr Jim Cunningham]

It would be helpful if the Minister circulated that advice on data protection to all concerned, so that the situation is perfectly clear. We often get conflicting views about it.

[Kit Malthouse]

That is a good suggestion. I have to stress that the hon. Gentleman, and other hon. Members who wish to act on their constituents’ behalf, must be instructed by the constituent before they can do so. That is no different from the arrangements that existed before the GDPR was introduced. In requesting assistance from their Member of Parliament, any resident is effectively giving consent for that MP to process their personal data. A housing association should normally accept a Member of Parliament’s word. However, I appreciate that a housing association or local authority landlord might, if the case is particularly sensitive or other individuals are involved, double-check with the tenant. I stress that that should not be used as a delaying or obstructive mechanism; it is merely an extra protection for the tenant in specific circumstances.

Of course, if the constituent or their MP considers that the processing of the concerned resident’s data goes beyond what the resident might have expected, they should be consulted first. Let me make it crystal clear to all landlords that they should co-operate and engage constructively with Members of Parliament when they act as advocates, within the constraints of data protection. I am pleased that the Information Commissioner has issued the following guidance:

“Consent can be implied from a relevant action, in this case the raising of the matter by a constituent with the Member in the expectation that his or her personal data will be further processed by the Member and relevant third party organisations.”

I can circulate the commissioner’s guidance after the debate.

Finally, I will talk about checks on the quality of building and design—an important issue, given the scale of house building that we are experiencing, and hopefully will in increased numbers in the years to come. As a Department, we are focusing on the quality of build and design as a critical issue for the future expansion of house building. I hope that the hon. Member for Coventry South accepts, though, that when it comes to a new building, the person carrying out the building work is responsible for complying with the requirements of the building regulations. That person remains legally liable for non-compliance.

All new buildings are subject to building control supervision, either by the local authority or an approved inspector. Both are required by law to take all reasonable steps to check on the compliance of building work. Where work is found not to comply, the building control body will require it to be put right before giving a compliance certificate. We are sending a clear message that if something goes wrong with a newly built home, house builders and warranty providers, including the National House Building Council, should fulfil their obligations to put things right.

In addition, on 1 October, the Government announced a new homes ombudsman to champion the rights of homebuyers and to hold developers to account. Once a building is occupied, social housing landlords are required to comply with the regulator’s home standard, which sets two clear outcomes. First, homes must be of good quality through meeting the decent homes standard. Secondly, landlords must provide a cost-effective service to homes and communal areas that responds to the needs of, and offers choice to tenants, and aims to complete repairs and improvements first time.

Once again, I thank the hon. Gentleman for securing this valuable debate. I hope that he and other Members will continue to support all residents, including those living in social housing, in dealing with housing complaints. We are committed to ensuring that social housing residents can seek timely and effective solutions when they have a housing problem. I also hope that in future all landlords ensure that issues such as those raised today do not hinder or delay their residents’ seeking effective and efficient redress.

Question put and agreed to.

Oral Answers to Questions

Kit Malthouse Excerpts

Monday 5th November 2018 Commons Chamber

[Mr Mark Prisk (Hertford and Stortford) (Con)]

6. What progress he has made on improving standards in the management of residential property in the (a) private rented and (b) social housing sectors. [R]

[The Minister for Housing (Kit Malthouse)]

All tenants deserve a safe and decent place to live. In respect of the private rented sector, Lord Best is chairing a new working group on property agent regulation, and we have extended mandatory licensing. The social housing Green Paper contains proposals to drive up the performance of social landlords in delivering a good service.

[Mr Prisk]

I welcome the reforms, especially the requirement for all residential managers to be trained and qualified. That is the way to raise standards. However, there are concerns about how the requirement may be introduced. Will the Minister agree to a meeting to discuss how existing qualifications will be accredited by the proposed mandatory qualifications, so that we do not end up worsening the current shortage of competent managers?

[Kit Malthouse]

With his usual accuracy, my hon. Friend identifies an issue critical to getting this matter right. As he knows, the working group will be looking at the entire property agent sector to ensure that any new regulatory framework is joined up across letting, property management and estate agents. One of the key issues in making that new regulatory framework land will be the transition from the old to new, and I will be more than happy—indeed it would be foolish of me not to agree—to meet a former Housing Minister of such standing.

[Emma Reynolds (Wolverhampton North East) (Lab)]

According to the Government’s own figures, there are more than 10,000 rogue landlords operating in England. Will the Minister therefore explain to tenants who are suffering from damp and often unsafe conditions why none of these landlords appears on the Government’s new rogue landlord database?

[Kit Malthouse]

As the hon. Lady knows, the database was introduced earlier this year and it will take time to populate in order for landlords to appear on it. There will obviously have to be investigations, prosecutions, and penalties levied so that they can properly be entered on to the database. She will know that the introduction of banning orders and a rogue landlord database will have an enormous impact in future. We just have to make sure that we get the right names on it.

[Mr Marcus Jones (Nuneaton) (Con)]

Having man’s best friend by one’s side can make a massive difference to somebody who is suffering from loneliness, social isolation or mental health issues. I am aware of at least one local authority that has taken the retrograde step of banning its tenants from keeping a pet. Will my hon. Friend please look at the guidance given to local councils, because, to many people, having a pet is their lifeline?

[Kit Malthouse]

As part of a family who regard their pet cat as an intrinsic and important member of our household—[Interruption.] Well, hon. Members may well be amused by that, but it is true what my hon. Friend says: a number of people, particularly those who live alone or those who have children, rely on their pets for comfort and calm and for companionship. I would hope that all local authorities operated a humane and compassionate letting policy where this is concerned, and I would be more than happy to look at the rules around that.

[Mr Speaker]

I empathise very strongly with the Minister, and there should be no levity over this important matter. Our own household cat is very fundamental to our way of life and is suitably named Order.

[Alison Thewliss (Glasgow Central) (SNP)]

I have no pets to declare to the House.

On behalf of my party, I offer our condolences on the passing of Sir Jeremy Heywood and our thanks for his service in public life.

It was encouraging to hear that the UK Government are to follow the example set in 2015 by the Scottish Government and introduce mandatory five-year electrical safety checks on rental homes. Will the Minister confirm a start date for those checks?

[Kit Malthouse]

I am afraid that I will have to write to the hon. Lady with that answer as I do not have it to hand at the moment, but she is quite right that we have been reviewing standards generally in the private rented sector and considering what more we can do to make sure that private rented homes are as safe as they can possibly be.

[Alison Thewliss]

That is a disappointing response, particularly considering how important safety is to people renting accommodation. Citizens Advice found that renters in England who complain about issues with their home are statistically more likely to get evicted. The Scottish Government abolished no-fault evictions recently. Will the Minister consider doing likewise so that tenants in England do not fear reporting faults with their homes?

[Kit Malthouse]

We certainly want to make sure that the phenomenon of revenge evictions is stamped out and that there is an equality of power between tenants and landlords in both the social and the private rented sectors.

[Robert Courts (Witney) (Con)]

7. What steps his Department is taking to ensure the equitable allocation of funding to local authorities.

--- Later in debate ---

[Ian Austin (Dudley North) (Lab)]

9. What assessment he has made of trends in the level of new homes provided for social rent since 2010.

[The Minister for Housing (Kit Malthouse)]

Since 2010, we have delivered over 378,000 new affordable homes, including 129,000 for social rent. We are investing over £9 billion in the affordable homes programme to deliver more than 250,000 new affordable homes, including at least 12,500 for social rent.

[Ian Austin]

There are thousands of households languishing on Dudley’s waiting lists. I meet families every single week who are desperate for a home of their own. Funding for new affordable homes has fallen from over £4 billion in 2009-10 to less than £500 million last year, and the amount of social housing built for rent is actually falling to its lowest level since the war. In that context, what hope do my constituents have of the decent, secure and affordable home that they dream of?

[Kit Malthouse]

As the hon. Gentleman will know, we are throwing literally everything we have got at the housing market at the moment in the hope that we can build the homes that everybody in the country needs. In particular, in the social sector, we have increased the size of the affordable homes programme. We have reintroduced the idea of social rent; removed the housing revenue account borrowing cap for local authorities; and are setting long-term rent deals for councils and housing associations, enabling them to plan. We have also committed funding beyond 2022 for housing deals and partnerships with housing associations, which we think will deliver significant numbers of houses. It must be remembered that the Labour Government the hon. Gentleman supported induced local authorities to get out of house building. I was a councillor at the time. We were offered large amounts of money to get rid of our housing stock. That has to end. We want councils to start building to address exactly the needs he raises.

[Vicky Ford (Chelmsford) (Con)]

In Chelmsford, we are building a new garden community of 10,000 homes, more than one in four of which will be affordable, but the council wants to do more. What measures will there be to allow councils that do not have a housing revenue account also to take advantage of the new schemes that will enable them to borrow and build their own properties?

[Kit Malthouse]

My hon. Friend is right. Quite a number of local authorities, having been induced, as I say, to get out of the house building industry and home-owning function, do not have housing revenue accounts. At the moment, if they construct, build or own more than about 200 council homes they have to open a housing revenue account. We hope that the new freedom we have introduced will enable councils to create innovative partnerships with other social housing providers to build the next generation of council houses.

[Wera Hobhouse (Bath) (LD)]

The net number of social homes for rent built in the last financial year was 7,000, so we are losing a large number of these homes. We all agree that we need a lot more social homes for rent. In order to build more, will the Minister consider local authorities being given first right of refusal when public land comes up for sale, with a sale price based on current use rather than a speculative development price?

[Kit Malthouse]

I am engaged in an intensive amount of activity on the subject of public land with my ministerial colleagues and those elsewhere. Hon. Members will have seen that we have recently changed the rules so that local authorities can dispose of their own public land at less than market value if they deem there is a social need to do so. Whether or not we can give them first refusal on acquiring that land will depend on their ability to deliver the homes that people need. I am very focused on numbers of homes rather than principles of disposal.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

Our policies on affordable homes are almost entirely focused on affordable homes to rent. Does my hon. Friend agree that we should also deliver more affordable homes to purchase?

[Kit Malthouse]

My hon. Friend is one of the most innovative thinkers in housing policy generally, certainly on the Conservative Benches—not that there is much innovation on the Labour Benches, but there we are. He points to an area where there is strong demand. Very large numbers of people who would otherwise be tenants have a strong desire to own, and we would love to see them owning on a discounted basis. Hon. Members will have seen in the Budget the announcement of funding for neighbourhood plans to enable an allocation of discounted homes for sale, particularly in rural areas, and I would be keen to explore the idea further with my hon. Friend.

[Mr Speaker]

I have no reason to think that the hon. Member for Thirsk and Malton (Kevin Hollinrake) is anything other than an innovative thinker on this and other matters, but it might be of interest to people to know that he is also a distinguished estate agent.

[Stephen Pound (Ealing North) (Lab)]

You rather took the wind from my sails there, Mr Speaker.

The Minister refers to housing associations, and it will not have escaped his notice that the chief executives of housing associations earn on average comfortably more than the Prime Minister, with the upper decile trousering salaries in the eye-watering range of £250,000 to £400,000. Is the Minister entirely comfortable with that?

[Kit Malthouse]

One issue that we are considering as part of our work on the social housing Green Paper is whether the tenant voice is heard strongly enough at the highest levels of housing associations. We must remember that some of these organisations are extremely large. The largest ones are huge and complex, looking after many hundreds of thousands of people, and the individuals who run them shoulder enormous responsibility and, indeed, risk. It is for those boards, suitably informed by the tenant body, to make decisions about remuneration.

--- Later in debate ---

[The Minister for Housing (Kit Malthouse)]

In the interests of providing a good service, Mr Speaker, I hope you will indulge me if I refer to my answer to the hon. Lady from north of the border, the hon. Member for Glasgow Central (Alison Thewliss). I just want to say that there is no fixed date at the moment for bringing in the affirmative statutory instrument that will make it mandatory to have five-year electrical checks in the private rented centre, but we are searching for a slot as soon as possible in a crowded and exciting legislative timetable.

In answer to Question 14, the Government are working together to help more people on to the housing ladder. Help to Buy equity loans have helped over 169,000 house- holds to March 2018, 81% were to first-time buyers and 121,500 people have benefited from first-time buyers relief from stamp duty since June 2018.

[Sir Robert Syms (Poole) (Con)]

I am grateful for the cuts in stamp duty for those at the lower end and the help for home ownership, but the higher rates of stamp duty may be having an adverse effect on the housing market. It could cost the Treasury £300 million, so a cut leading to more income, leaving more resources for those at the lower end could be in prospect. Has the Housing Minister raised that with the Treasury?

[Kit Malthouse]

My hon. Friend is a political toxophilite of the highest order and has fired his arrows into a subject that is the cause of constant discussion between us and the Treasury. He knows that we all acknowledge the effect that stamp duty can have on the market; that is why he may have seen changes in the Budget to stamp duty on shared ownership, which we hope will benefit first-time buyers. However, I will keep him apprised of conversations as we have them.

[Mr Speaker]

I hope that the hon. Gentleman will have the tribute framed. It would be very disappointing if he did not.

[David Hanson (Delyn) (Lab)]

What assessment has the Minister made of the number of people who have used Help to Buy who are now in negative equity because of leasehold reform? They cannot sell the properties and the price has fallen, so the taxpayer and the individual are hit.

[Kit Malthouse]

At this stage, there is no indication from the early returns on Help to Buy that the situation that the right hon. Gentleman raises is occurring. Indeed, early numbers show a higher level of successful redemption than we expected and we hope that that will continue.

[Peter Aldous (Waveney) (Con)]

T1. If he will make a statement on his departmental responsibilities.

--- Later in debate ---

[Julian Knight (Solihull) (Con)]

T7. I am delighted to say that Solihull has one of the highest proportions of home ownership in the country. However, there is still real pent-up demand, particularly among the young. Will the Minister tell me what progress the Department has made on the midlands voluntary right-to-buy pilot?

[The Minister for Housing (Kit Malthouse)]

My hon. Friend is a doughty champion for his constituents, including those who are tenants. He is right. We have had an enthusiastic response to the midlands right-to-buy pilot, with over 9,000 people applying for a code in the ballot. Over 6,000 of them have been given a code, and we hope that a significant number will come forward to seek the ownership they desire, funded by the £200 million being put towards the pilot.

[John Spellar (Warley) (Lab)]

T5. As Brexit approaches, what is the Secretary of State’s Department doing to ensure that, when buying food, vehicles, furniture or any other goods and services, local councils follow Government guidelines to take local value into account and back British business and British workers by buying British first?

[Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

T8. Has my hon. Friend reviewed the better streets proposal from YIMBY and the Adam Smith Institute, which would allow residents of a single street to vote on giving themselves permitted development rights to build upwards to a maximum of six storeys and thereby address the housing crisis?

[Kit Malthouse]

I have done better than that—I have met them. I did so just two weeks ago to discuss their fascinating ideas, not least on how we can make the principle of neighbourhood planning work in urban areas, an issue that I know is of great importance to my hon. Friend.

[Ian Austin (Dudley North) (Lab)]

T9. Does the Secretary of State agree that the establishment of the new all-party group on the national holocaust memorial, which is chaired by the hon. Member for Harrow East (Bob Blackman) and me, is very much to be welcomed? Is it not fantastic that so many Members from both sides of the House came together, at a time when antisemitism is on the increase, to establish this group and that we want to commemorate here in Parliament history’s greatest crime and support the establishment of this memorial, right here in Westminster, at the centre of not just our political life but our national life?

--- Later in debate ---

[Mr William Wragg (Hazel Grove) (Con)]

Following the Office for National Statistics household projection figures being revised downwards by nearly a quarter, will my hon. Friend the Minister ensure that regional housing targets reflect the easing of pressure to build on the green belt, with particular reference to the Greater Manchester spatial framework?

[Kit Malthouse]

My hon. Friend may know that we have already issued a technical consultation on the latest household projection numbers and the impact on projected housing need in local authority areas. We really do not want local authorities to take their foot of the accelerator, however, not least because we believe that there is pent-up demand for housing in this country. We are working with authorities across the country to get the formula right in the longer term, while we seek a short-term fix to keep numbers up, but I would be more than happy to meet him and his colleagues to discuss the Manchester spatial framework further.

[Mr Stephen Hepburn (Jarrow) (Lab)]

Tyne and Wear fire service is facing £3 million of cuts, which could mean the closure of my local fire station. Will the Secretary of State look at the special problems with funding fire services that are facing local government in the north-east?

Shale Gas Development

Kit Malthouse Excerpts

Wednesday 31st October 2018 Westminster Hall

[The Minister for Housing (Kit Malthouse)]

It is a pleasure, as always, to serve under your chairmanship, Mr Hollobone. I, too, thank my hon. Friend the Member for Fylde (Mark Menzies) for securing the debate. It is obvious that he and many Members have strong constituency interests in the topic and want to ensure, as I do, that local voices are heard as we consider the development of the shale gas industry in the UK.

[Chris Green (Bolton West) (Con)]

Will the Minister give way?

[Kit Malthouse]

No, because I want to leave time at the end for my hon. Friend the Member for Fylde.

It is clear from my hon. Friend’s speech that the recent consultations are important and have excited a strong reaction from his constituents, from him and from other hon. Members. I emphasise that no decision has been made whether to bring the proposals forward. The consultations have now closed: the Government are considering the representations made and will issue a response in due course.

The consultations are part of a range of measures to make planning decisions faster and fairer for all those affected by new shale gas development and ensure that local communities are fully involved in the planning decisions that affect them. Hon. Members will know that the Secretary of State has a quasi-judicial role in the planning system, so they will understand that it would not be appropriate for me to comment today on the detail of individual planning applications, on decisions on those applications, or on local plans. Hon. Members will also know that my remit as Housing Minister in relation to shale gas development is focused on planning policy and on delivering related manifesto commitments. However, given that many matters have been raised that are beyond my remit, I undertake to refer them to the appropriate Ministers, not least the Minister for Energy and Clean Growth.

[Sir Greg Knight]

Will the Minister give way?

[Kit Malthouse]

I am afraid that I do not have time.

My hon. Friend the Member for Fylde highlighted the importance of community engagement in the planning process. I reassure him that we remain fully committed to ensuring that local communities are fully involved in planning decisions that affect them, and to making planning decisions faster and fairer. Those are long-standing principles and I am adamant that we should stick to them. However, we understand that communities feel that they are often not consulted closely enough before planning applications are submitted to the local planning authority by developers. As my hon. Friend highlighted, that can lead to opposition to developments and a longer application process.

Engagement with communities at the pre-application stage gives local people a say earlier in the planning process and makes developers aware of issues of importance to the community that may need to be resolved. The planning system in the UK already provides an extensive legislative framework for community involvement, but I believe there is scope to do more. We have therefore published a consultation on whether applicants should be required to conduct a pre-application consultation with the local community prior to submitting a planning application for shale gas development. We believe that that could further strengthen the role that local people play in the process, and we are keen to hear the voices of industry and of communities. The consultation also seeks views on the process of community consultation that should be required and on the stages of shale gas development that should be covered. It closes on 7 January, and I urge everybody to contribute to it.

Let me move on to the potential changes to permitted development rights. Over the summer, we consulted on whether permitted development rights should be expanded to include shale gas exploration development, and on the circumstances in which those proposals might be appropriate. I make it clear that any potential permitted development right granted for shale gas exploration would not apply to hydraulic fracturing operations or to the production stage of shale gas extraction. I also emphasise that any permitted development right covers only the planning aspects of the development; it does not remove requirements under the regulatory regimes of the Environment Agency, the Health and Safety Executive and the Oil and Gas Authority.

It is important to note that all permitted development rights contain specific exemptions, conditions and restrictions to control and mitigate the impact of the development and protect local amenity. Any potential permitted development right for shale gas exploration would be no exception; for example, it could specify limits on the height of any structure, areas where a permitted development right would not apply, or noise and operation controls. The consultation has sought views on that issue.

In relation to the role that local communities and mineral planning authorities can play within the permitted development rights regime, our consultation also sought views on whether MPAs should be able to conduct a prior approval process to consider specific elements of a development before works can proceed. Such a process can include a requirement for public consultation. It would also enable local consideration of key matters.

There is currently no commercial production from any hydraulically fractured shale gas resources in the UK. However, we believe that it is vital to look ahead and understand how best to manage planning permissions for a future state in which shale gas is produced. We therefore also consulted over the summer on whether the production phase of shale gas developments should be brought within the nationally significant infrastructure projects, which many hon. Members have referred to. The consultation particularly sought to understand what the appropriate triggers and criteria could be for including production projects in the NSIP regime.

I emphasise that community engagement is fundamental to the NSIP regime’s operation. Pre-application consultation with the local community and with local authorities is a statutory requirement. Developers are required to consult extensively before an application is submitted and considered, and where the consultation has not been carried out in line with the statutory requirements, the Planning Inspectorate can refuse to accept an application. Local authorities and communities also have the right to be involved during the examination of a project; they can set out their views in written representations, which will then be taken into account in decision making.

Both consultations ran for 14 weeks and closed on 25 October. The Government are analysing the representations made and will publish a response in due course. Should we take forward the proposals, we have committed to conducting further consultations on the detail of the proposed changes. No doubt this debate will provide valuable feedback into that process.

I thank my hon. Friend the Member for Fylde again for securing this valuable debate. We remain fully committed to ensuring that local communities are properly involved in planning decisions that affect them, and to making planning decisions faster and fairer. As part of that, as I said, we have launched a further consultation today on whether applicants should be required to conduct pre-application consultation with the local community. We have also delivered on our manifesto promises to consult on how best to develop our planning processes for exploration and production of shale gas development while ensuring that communities remain fully involved. We are considering the responses from the consultations and will respond in due course.

Beauty and the Built Environment

Kit Malthouse Excerpts

Tuesday 30th October 2018 Westminster Hall

[The Minister for Housing (Kit Malthouse)]

It is a pleasure to serve under your chairmanship for the first time, Ms Dorries. You and I were both brought up in a city punctuated by architectural superlatives, but also scarred by some of the worst examples of architectural vandalism over the last three or four decades, so this debate is of interest to us both. I congratulate my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes) on his fantastic speech. It will sit in his canon, alongside his groundbreaking and remarkable speech, “The journey to beauty”, which I have read several times now. He gave it as Transport Minister and it caused quite a stir in the industry at the time. He is without doubt an aesthete and a patriot, and I salute his indefatigability in the face of the ugliness that he rightly calls out. I am tempted to say “I agree” and sit down. He knows however that the issue of beauty in the built environment is close to my heart, so I shall continue.

One of the advantages of having a poet on your speechwriting team in the Department is that they quite often recall to us some of the poetry of our youth. In preparing for this speech, we considered Larkin’s “An Arundel Tomb”—a wonderful poem—which reminds us, with his image of the earl and countess captured in stone, that the things we build today could last for centuries, and that we have a duty to future generations to ornament their lives as ours have been ornamented by the generations that preceded us.

When the Prime Minister asked me to take this job, she was clear about my task: she wanted more, better, and faster homes. Those are the three indivisible words by which I live. We are talking in particular today about the “better” bit; building more beautifully, because in the words of the architect Frank Lloyd-Wright:

“If you foolishly ignore beauty, you will soon find yourself without it.”

Back in 2010, just 134,000 net additional homes were added to the country’s housing stock, but today, the Government are in delivery mode. The number of additional homes is up 55% to 217,000 per annum, and we are well on our way to reaching our target of 300,000 per year. We have always been clear that building more does not mean that we cannot build better. As my right hon. Friend said, we have to quash the myth that quality and quantity cannot go together. In fact, the more we build, the more important it is that we get it right. While I accept his challenge that beauty is not a relative term, when it comes to our built environment it is often in the eye of the beholder, so no matter what we do, some people will be unhappy.

We all know what beauty should feel like. Beautiful places not only make us happy but keep us well, and move us from fear and anxiety to hope and happiness. They welcome us, inspire us and elevate the mundanity of human existence. Great housing developments do not have to be billion-pound projects—the overall winner of last year’s Housing Design Award was a mixed-tenure regeneration scheme in Camden—and critically, beautiful places to live and work should not be the preserve of the wealthy, as my right hon. Friend also pointed out. No matter where one stands on design, our first obligation is to ensure that communities get what they need in a form that they appreciate.

The Government are leading on that by putting beauty at the heart of our housing and communities policy. In both the housing White Paper and the social housing Green Paper, we are focused on creating great places and on design quality. Homes England, our new and more assertive national housing agency—I launched its strategic plan this morning with an exhortation to beauty in all that it does—is promoting design quality through its programmes. In July, our revised national planning policy framework put another stake in the ground. It states that

“permission should be refused for poor design”

especially when it

“fails to take opportunities to improve the character and quality of an area.”

In decades to come, we want to look back on this golden age of housebuilding not through the windscreen of a bulldozer, but with a view to treasure, preserve and invest in what lies before us.

We must learn the lessons of the 1960s and 1970s. My right hon. Friend referred to the Birmingham central library, which has now been demolished. The same is true of Robin Hood Gardens, as well as Pimlico school—a brutalist concrete school in a ward where I served as a councillor—which I played a part in having demolished. They are temporary buildings.

[Mr John Hayes]

While the Minister still has 10 minutes left, let me ask him if he will agree to three things: first, to draw up a blacklist of blight, which would allow us to demolish many more buildings of that kind; secondly, to put in place obligatory local design guides so that local authorities have to build in a style that is suitable and appropriate; and, thirdly, to back the Mail on Sunday campaign to protect urban green spaces. The hon. Member for City of Durham (Dr Blackman-Woods) spoke about level playing fields, but any playing field will do. Playing fields are places where people dance, play, meet friends and enjoy the open space. We need to protect them. Will my hon. Friend do those three things?

[Kit Malthouse]

My right hon. Friend raises some interesting issues. As he knows, I am in the process of producing the guidance to the NPPF, and I shall certainly take his advice as I do so. He might be interested to know that when I was at City Hall, I suggested a competition for Londoners to vote each year for a building that should be demolished, and that we should provide grant support to assist in the demolition of that building, if required. However, let us see where we get to with the guidance.

My right hon. Friend mentioned local materials and the vernacular, and we want to draw from the history of any area the use of materials that mature and age gracefully. Critically, we want to build the conservation areas of the future. That is a challenge I have put to the housing development community in a number of forums over the past three or four months that I have been in this job. That does not mean that all new homes and public buildings need to be a replica of the local style, but they do need to fit in, in the broadest sense of the term.

We are therefore supporting high-quality, high-density housing such as mansion blocks, mews houses and terraced streets, typical of the English urban townscape and rural context with which we are all familiar. In particular, I am keen to see the re-emergence of that great British gift to the world of architecture, the garden square. It is possible for modern, efficient and technology-driven design to echo our history and to reflect the local area without becoming pastiche. That is something we have sought to achieve with our garden communities programme.

More than a century ago, Sir Ebenezer Howard first outlined his idea of a garden city. He had a vision of places where people could work, raise families, travel easily and enjoy green spaces. We are renewing that idea for the 21st century, and we have set out clear expectations for high-quality place making across our country. That is a chance to aspire beyond identikit housing, which my right hon. Friend identified, and town centres that look like everywhere and nowhere. We are championing ambitious councils, which see garden communities as a central part of their plans for housing and growth. Our programme supports 23 places to deliver more than 200,000 new homes by the middle of the century. I hope that we might be able to rise to his challenge to produce 100 new parks, if each of those places has four.

We are not only building homes; we recognise that we are building neighbourhoods. Developments of 500 units or more are bigger than most villages, so we have to think in terms of neighbourhoods that function, as my right hon. Friend pointed out. To achieve that, however, we know that local planning authorities need design capacity, so we have directed almost £5 million to 26 local authorities through our planning delivery fund, to support them in developing innovative ways to increase design skills throughout the country.

We are also running workshops for councillors, to help them to understand and to support their role in ensuring beauty in the built environment. The workshops will offer them the opportunity to discuss the challenges that they face and, importantly, to share their own experience of promoting design quality. We are bringing in people from across the sector—from local authorities to developers, housing associations and architects—to share their ideas about beauty and great design.

[Mr John Hayes]

Will the Minister—we are lucky to have him, by the way, and the shadow Minister—agree to meet me and the Prince of Wales’s organisations to discuss how to learn from the work he has done and is now doing?

[Kit Malthouse]

I am more than happy to meet. In the past, I have worked closely with the Prince’s Foundation for Building Community—I knew Hank Dittmar quite well before he sadly passed away—and I would be delighted to become reacquainted with the prince’s work, not least because earlier this year we held a design quality conference, the first of its kind, which was attended by 380 people from across the sector, and we want to do more of that kind of work, because the responsibility to build more beautifully rests with all of us.

Where the Government are leading, I encourage the private sector to follow. When I bring that message of “more, better, faster” to the sector, I always stress how design matters at every level, from planning to community acceptability: build beautifully and get permission, build beautifully and sell more houses, and build beautifully and communities will actually welcome developers, rather than drive them out of town at the tip of a pitchfork.

[Mr Vaizey]

First, I echo what my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes) said: we have had far too many Housing Ministers, and I call upon the Prime Minister to keep this wonderful man in office until the 2022 election and many years beyond. Secondly, I caution against this debate tipping over into an attack on modern architecture. Robin Hood Gardens may not be lamented, but Park Hill in Sheffield—a similar design—has been restored and is much loved. As the Minister who listed Preston bus station to much anger, I am delighted that it is now treasured by the local community.

[Kit Malthouse]

I acknowledge what my right hon. Friend says, but as my right hon. Friend the Member for South Holland and The Deepings said, that is often an accident of ergonomics, form and beauty coming together, just as it did for the roof at the British Museum—an extraordinary structure in which, exactly right, ergonomics and form come together.

Some of the best examples of beautiful buildings are delivered by small and medium-sized enterprises, from self-build to the refurbishment of historic buildings. Sadly, the 2007-08 economic crash killed a number of such growing developers, and we are yet to see a new talent pool emerge. I believe, however, that SMEs are part of the key to the challenge. That is why we are directing our home building fund towards SMEs—to give them the confidence to grow and build, and to raise the bar on design quality. By having more players in the market, we shall get them to compete on innovation and quality.

Ultimately, it comes down to delivering houses that people want to live in, buildings where people want to work and places that people want to call home. More than that, we must build things that elevate and entertain. That is what the Government are hoping to and will deliver in the future. I look forward to working with many hon. Members on that most important of missions. I close by—

[Mr Vaizey]

London views?

[Kit Malthouse]

Sorry, yes. I asked my team to update me on the London views. Apparently, there is a campaign by London First and other developers to relax the protections, but so far they remain in the draft London plan. We shall see where that plan lands.

I shall finish my speech by returning to that Larkin poem. Members may remember—I am sure that my right hon. Friend the Member for South Holland and The Deepings does—that the most affecting part of that poem is in the second stanza, when Larkin reveals that the couple he has been looking at are actually holding hands. They have been holding hands for the centuries for which they have been lying there. At the end of the poem he ends with that famous line:

“What will survive of us is love.”

In 200 or 300 years’ time, what will future generations see as a symbol of our love for them, projected forward in time? All that will survive of us is those things that we build today. We are joined in our ambition to ornament their lives and to create the beauty that will enhance their existence for centuries to come, as ours has been enhanced by the generations who came before us.

Housing and Home Ownership

Kit Malthouse Excerpts

Tuesday 16th October 2018 Westminster Hall

[The Minister for Housing (Kit Malthouse)]

It is a pleasure to serve under your guiding hand, Mr Pritchard. It is a great pleasure to respond to this very important debate secured by my hon. Friend the Member for Harborough (Neil O’Brien). In his report, “Green, pleasant and affordable,” he has presented a smorgasbord—a veritable cornucopia—of radical and interesting ideas. In the time I have available, I want to go through a number of the areas that the report covers, in particular supply and home ownership.

The first issue he quite rightly raises is that of getting the most out of land. In order to increase housing supply, we understand that local authorities need to be empowered to make the most effective use of the land that is present across all our towns and cities.

In its recent report on land value capture, the Housing, Communities and Local Government Committee made several recommendations for reform of compulsory purchase compensation. Its recommendations included restricting compensation by removing hope value from the assessment of the market value of land. The Government will publish their response to the Committee’s report shortly. As I explained when I gave evidence to the Committee, we have very recently introduced wide-ranging reforms to make the compulsory purchase process clearer, fairer and faster for all. That includes changes to the Land Compensation Act 1961. We are keen to let those important reforms bed in. The revised national planning policy framework, to which my hon. Friend referred, encourages local authorities to make more proactive use of their extensive land assembly powers. We will keep the operation of the system under review.

We also recognise that the availability of sustainable infrastructure is important to support new housing. That is why we have introduced changes to the NPPF that will ensure that developers know what contributions they are expected to make towards affordable housing and essential infrastructure, that local communities are clear about the infrastructure and affordable housing, and that local authorities can hold them to account. The revised NPPF requires local authorities to set clearer policy requirements for infrastructure and affordable housing through plans, informed by more transparent viability assessments. It will also support local authorities to ensure that development meets the policy requirements set out in the local plan.

Fundamentally, what we are trying to do in the NPPF is to give clarity up front to developers and local communities about what will be expected, which will allow them to factor that into land value over time. My hon. Friend quite rightly expressed dissatisfaction with the amount of value that is captured from land. He is correct that often in a viability assessment, it is the community infrastructure component—the section 106 component—that gets squeezed. That is largely because the negotiation takes place after planning permission has been granted. We are trying to give more clarity up front through the planning system, so that developers know what the requirements are going to be, whether that is infrastructure or affordable housing, and can factor that into the value that they pay for the land, so that fundamentally it is the land value that will get squeezed.

We have consulted on further reforms to developer contributions, including removing existing restrictions in certain circumstances that prevent local planning authorities pooling more than five section 106 planning obligations towards a single piece of infrastructure. We will be responding to that consultation in the near future as well.

Local authorities are also able to use the community infrastructure levy to help to fund the supporting infrastructure that is needed to address the cumulative impact of development. Where authorities have introduced CIL, 15% is specifically allocated to meet local priorities, and that is increased to 25% in areas with a neighbourhood plan in place. In an area that has a parish council, the money is passed directly to it. That neighbourhood allocation from CIL gives communities real power in deciding and delivering their infrastructure priorities for their area and will hopefully encourage the spread of neighbourhood planning.

In his report, my hon. Friend also considered the creation of new communities. We believe strongly that the creation of new garden communities can play a vital role in helping to meet this country’s housing need well into the future. Our current programme supports 23 locally-led garden communities that have the potential to deliver more than 200,000 homes by 2050. They range in size from 1,500 to more than 40,000 new homes in one place. We have just launched a new garden communities prospectus, inviting ambitious proposals for new garden communities at scale. This is not just about getting the numbers up; it is about building quality, innovative places that people are happy to call home.

[Priti Patel]

The Minister has lit the blue touch paper in mentioning garden communities. He will know from my correspondence with his Department that one of those garden community proposals covers my constituency, and the Braintree district and Colchester borough. Can he provide any clarity on the conditional requirements that the Department is putting in place for the development of those schemes—where public funds are being used—to support the concept of garden communities?

[Kit Malthouse]

The primary requirement we have for garden communities is that they have strong local support and are supported by local democratically elected politicians. We would, for example, not countenance a proposal for a garden community that came forward against the wishes of the local authority or local authorities concerned. My right hon. Friend may have noticed—this points to an issue that my hon. Friend the Member for Harborough raised about capacity and capability—that we recently changed the regulations so that we can have locally-led development corporations. They are brought together and approved by the Secretary of State, but under local initiatives and with local control, to try to deliver some of those communities more effectively. Local control, consent and engagement are key, in terms of both acceptability and development.

Another issue that has been raised is increasing density, which we believe is also important. We need to make sure that we make the most effective use of underutilised land. That is a crucial part of our focus. Higher density development and the development of brownfield land can play a significant role in increasing housing supply in urban locations, especially in areas that are well served by public transport and in town and city centre locations. The revised NPPF requires local planning authorities to be more proactive in identifying opportunities to make more effective use of land. That includes planning for higher densities in locations that are well served by public transport, and reallocating underutilised land to serve local development needs better.

I disagree slightly with my hon. Friend the Member for Harborough about the requirement to build towers to achieve density. In central London—a place that I know very well, having served there as a London Assembly member and councillor—some of the densest areas are in fact some of the most desirable, and they are low-rise. It is probably still the case that the densest part of central London is Cadogan Square. Towers do not necessarily deliver density, and they can often be intrusive. Our framework goes further by stating that local authorities should support the use of airspace above existing residential and commercial buildings to provide new homes, as my hon. Friend said. We recognise that there is more to be done, and that is why we have just announced that we will publish proposals for a national permitted development right to permit people to build upwards on existing buildings rather than just to build out.

Important in all of this is the need to diversify the market. We believe that to increase our housing supply we have to be innovative and boost the development sector to allow both large and small builders to flourish and to build the homes that our communities need. The Government fully recognise the important role that small and medium-sized house builders play in delivering much-needed housing in this country, and we are committed to ensuring that this support is in the right place. We have already put in place a number of initiatives to help SME house builders to grow and develop, including the home building fund, the housing growth fund and the housing delivery fund, as well as proposals to make it easier for SMEs to identify land.

We believe that that is a critical way to encourage innovation. The market has agglomerated into a small number of large players, which are perhaps not as innovative as they could be. If we can create a more vigorous market of people competing to build houses and competing for our custom, they are likely to be much more innovative in their method, supply and typography of housing, and they may well cater to different parts of the market and look at sites that larger builders might not.

[Scott Mann]

My hon. Friend is doing a cracking job, especially with his “more, better, faster” campaign on housing delivery. My point is about self-build—he has not mentioned it specifically, but I know that it is part of the Government’s strategy on delivery. Does he agree with the sentiment that there is no better help that we can give to an individual than to allocate them a plot and allow them to build their own home?

[Kit Malthouse]

I wholeheartedly agree on self-build, which I am very keen to encourage. Something like three out of every four houses in Austria are self-built or custom-built. It holds enormous capacity for the future. I recommend that my hon. Friend go and visit a site called Graven Hill just outside Bicester, which is the largest self-build site in Europe and which will deliver about 1,400 self-build homes. It is quite something to see—an amazing array of different houses. There is a house that looks like a stealth bomber sitting next to a Swiss chalet, a Cotswold cottage and a flat-pack house from Poland. As I said on the fringes of conference, I think the site will be a conservation area in the future because of the effervescence of design that is taking place there. We are very keen to encourage self-build.

Finally, one of the big issues—

[Eddie Hughes (Walsall North) (Con)]

Will my hon. Friend give way?

[Kit Malthouse]

Yes, I will give way.

[Eddie Hughes]

I was scared by my hon. Friend’s use of the word “finally” and thought that I might not have the opportunity to intervene before he finished. As an accidental landlord myself—I need to refer to my declaration of interest—I was intrigued by the report on a proposed “help to own” scheme published by the Centre for Policy Studies on Monday. I understand that the Minister has been sent a copy. The idea that landlords might be able to sell a property to a sitting tenant, and that there would be a capital gains tax break for both parties, seemed innovative and interesting. Does he have any thoughts on that?

[Kit Malthouse]

By sheer coincidence, on my accession to the chrysanthemum throne in housing, I raised a similar possibility, should we look at some way of transferring from landlord to tenant in the future. Those issues of tax, stamp duty and ownership are way above my pay grade, but I have no doubt that the report will have winged its way to the Treasury, where our colleagues will be considering its efficacy. I can see why it might be attractive from a landlord transfer to ownership point of view, although we would have to study its fiscal effects to see what the cost might be.

[Priti Patel]

Will my hon. Friend give way?

[Kit Malthouse]

I will make a bit of progress. I want to address the issue of home ownership, because it is fundamental to the report and it is, as my hon. Friend the Member for Harborough quite rightly said, one of the most important challenges of our time. As he mentioned, we must find ways to improve home ownership. Rising demand for housing has increased prices and in many cases pushed down home ownership. The Government believe that people should be free to purchase a second home or invest in a buy-to-let property. However, we are aware that that can make it difficult for other people, particularly first-time buyers, to get on the property ladder. That is why in April 2016 the Government introduced higher rates of stamp duty land tax on purchases of additional properties.

Since the council tax empty homes premium was introduced in April 2013, the number of long-term empty residential properties has fallen. When it is in force, the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill will allow councils to go further, increasing the premium by up to 300% in some cases. That will allow authorities to encourage better use of the existing housing stock in their area. As the Prime Minister announced, the Government are also taking action on non-resident purchases of residential property, which can make it more difficult for UK residents to purchase a home of their own. The Government will publish a consultation on introducing an increased stamp duty land tax charge on non-residents buying property in England and Northern Ireland. More details will be brought forward through that consultation in due course, following the normal tax policy-making process set out by the Government—the legislation will be in a future Finance Bill.

We must also support our younger generation, who find it increasingly hard to get on to the property ladder. We are supporting people’s aspirations to buy through a range of initiatives, including Help to Buy, right to buy, greater funding for shared ownership, and rent to buy. Since the spring of 2010, Government-backed schemes have helped more than 481,000 households to buy a home. Younger people are also helped directly by our investment in affordable housing. The Government are investing more than £9 billion in the affordable homes programme to deliver a wide range of affordable homes, including shared ownership homes, by 2022. Since 2010, we have delivered more than 60,000 shared ownership properties, helping people to take their first steps into home ownership. Our recent Green Paper, “A new deal for social housing”, announced that we would be exploring innovative, affordable home ownership models to support those who are struggling to raise a deposit.

The Prime Minister has made it clear that this should be a country that works for everyone. That means building more of the right homes in the right places and ensuring that the housing market works for all parts of our community. It is this Government’s mission to reverse the decline in home ownership and to revive the dream of Britain as a property-owning democracy. We must revive that dream for ordinary people—for those striving on low and middle incomes, who find the first rung of the housing ladder beyond their reach. The Government are committed to tackling this challenge to make the housing market work. By the mid-2020s, we aim to have increased house building to an average of 300,000 net new homes a year.

On planning permissions, which my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) mentioned, we are now granting more than 350,000 permissions a year against a building target of 300,000 houses. That is another challenge that I face. In the time that I have in this job, I am always open to ideas. I certainly welcome the radical thinking that my hon. Friend the Member for Harborough and his collaborators on the paper have injected into the debate. I will be studying the paper in some detail and I hope to weave some of his thinking into our policies in the future.

Question put and agreed to.