Planning Debate

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Lord Best

Main Page: Lord Best (Crossbench - Life peer)

Planning

Lord Best Excerpts
Monday 5th November 2012

(12 years, 1 month ago)

Lords Chamber
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I declare interests as president of the Local Government Association and chair of the Hanover Housing Association, which puts in for planning consent on lots of sites, as well as vice-president of the Town and Country Planning Association. I find myself in agreement with the noble Lord, Lord Shipley, on a number of points that he has made, as well as with the noble Lord, Lord Beecham. I shall try not to repeat too many of their points but to underline them.

I shall start with a positive. I am grateful to the Minister, who I know has been part of the process. The good news in forthcoming legislation is that the town and village greens legislation is to be amended. This will be more than helpful in getting rid of the mischievous objectors who have used this legislation in the past, while still protecting genuine green spaces, which is very important. I put down amendments to this effect in the Localism Bill and was assured that forthcoming legislation would address these matters, and so it has, so many thanks to Ministers for that.

In relation to the ways in which planning may encourage or inhibit growth, it is true that the Local Government Association does not believe that planning is the real barrier to growth. As we have heard, there are 400,000 homes with planning consent sitting there. Local authorities are proud of their record in approving 87% of all applications for planning consent in 2011-12. It does not sound as if local authorities are putting up unreasonable barriers to housing activity. Indeed, this leaves us with the suspicion that at least some housebuilders are hoarding land with planning consent. Their shareholders like to see land with planning consent on the balance sheets. It is rather like gold bars; you do not always have to develop the sites in order to give yourself the advantage of those planning consents. It is not helpful if developers are holding out for easier terms than were earlier negotiated with the Section 106 agreements that we have been hearing about. I think that 75,000 homes are supposedly held up because the Section 106 agreements now look too onerous. The hope on the part of many developers is that, having got their planning consent, they will be able to negotiate down the affordable elements within those sites and therefore obviously increase the profit margins for those developments.

At the moment, housebuilders are not doing so badly. Profits are up again, and the housebuilding industry has moved away from the rather shaky times immediately after 2008. It would be unwise for local authorities, and unwise for central government to encourage local authorities, to be too generous in now renegotiating terms that have already been agreed under those Section 106 deals. In any case, it must be essential for those negotiations to happen at the most local level. These are very site-specific discussions regarding what is viable and what is not viable. Local negotiation is required here and not central government intervention. I hope the Minister can reassure us that the powers that the forthcoming legislation may introduce are there as reserve powers to be used only in exceptional circumstances and that one will see local authorities left to get on with the job of granting planning consent without having to think about the Planning Inspectorate marching in and without having to renegotiate Section 106 agreements where that really is not necessary in financial terms.

Wearing my housing association hat, I know that the processes can be very frustrating. Delays are a reality in a number of places. I think that local authorities do not wish it to be that way, but we sometimes wait inordinately long to get the consents that we need, even if in 87% of cases the answer is going to be yes. In the mean time, it is tedious and costly to have to wait. In the past, I have been told that I must expect delays because the council has staff shortages, maternity leave is a problem and the cycle of council meetings means that nothing can be done for a few more weeks yet. All those delays are frustrating, but they may be a necessary part of ensuring that local opinion is taken with development and is not left on the outside.

Hanover Housing Association has a development where I am told that, having put in for planning consent in February, it is likely to get a definitive outcome in January. This is after a year of prior negotiation on this cohousing scheme for senior citizens who have clubbed together and will be living in the homes. It is very tough to be in the middle of this and to keep telling these elderly people that unfortunately it will take a bit longer and a bit longer. However, I understand the political pressures faced by local authorities. It seems that the culture in this country is always on the side of those who want to say no, not on the side of those who want to get on with the job. Real leadership is required by local authorities, and that is not always easy. My advice to local authorities, for what it is worth, is that one needs leadership at the council level. One cannot expect the local councillor, put on the spot by his or her local electorate, to side with good council policy and be pro-development when that is suicidal in terms of their electoral future. So one has to expect leadership at the council level, with positive planning at the council level, and not at the level of the individual ward councillor.

With that backdrop of local opposition, how can one achieve more growth? The noble Lord, Lord Shipley, points out that a lot of the problems in getting more homes built and development of all kinds undertaken are financial and not concerned with planning, but there are some planning elements here. Starting at the top, one needs a robust planning Minister. I note that the Minister in the other place, Nick Boles, is not afraid to speak his mind and is taking a robust attitude towards those who obstruct the need for development. I believe that central government is seized of the need for more homes. This is not just talk. There is a genuine desire to try to address the acute housing shortages and to get economic growth going on the back of that. That is a good start. Central government has given local authorities the new homes bonus not just to give them extra funding when they say yes and schemes for new homes go ahead, but to bolster leadership at the local level by enabling councillors to tell local communities that if they are positive about new development extra resources will come into their area and there will be local benefits. I see that the CPRE is suggesting that the new homes bonus might be increased if the homes are built on brownfield, not greenfield, sites. As long as the new homes bonus is not used in places where new homes are not needed, it can be an incentive to get councils on side, and for councils to get local people on side as regards the requirement for more growth.

Neighbourhood plans involve people intimately in drawing up their local plans. The Minister has told us that 200 are now in advanced stages of negotiation. I am keeping an eye on one particular neighbourhood forum and its work and seeing how this is working through. It is a way in which lots of local meetings can bring people together instead of the usual total opposition to any development anywhere around here. Being part of building up a community-based neighbourhood plan can get people onside, and it is a useful way forward. At the time of the Localism Bill, I wanted an amendment to say that if a local plan has been devised, has been through the proper processes and has been properly inspected and if all three of the county council, the district council and the parish council—where there are three—agree that this neighbourhood plan is fine and give it a tick in the box, there should be no need for a local referendum involving all kinds of local people who have played no part in the discussions to date, who come out of the woodwork and say “no”, who get up a petition in the local shop, who are opposed to anything happening anywhere near them, who have had their chance to be involved in the consultation exercise and have rejected that chance, but who turn up at the last minute. We have not yet had any referendums, but I fear they will undermine the very good way of approaching the creation of a neighbourhood plan that people feel better about than they usually do.

There are many financial ways in which growth and the housebuilding that could flow from it could be generated. I will list the ones that appeal to me in particular. Those housing revenue account freedoms for local authorities could be extended so that local authorities that have retained council stock could be allowed to use their capital assets to borrow against that stock, just as housing associations are allowed to do. As long as that borrowing is prudential, and there is no reason at all to believe local authorities would go wild if they had that opportunity, it would be safe and sensible and they could be part of the much needed development of land, including land that they own themselves. The housing associations can borrow. My own has a big headroom, and we could borrow lots more money but we can only borrow what we can repay. There is a continuing need for some grant. Grants have been cut back, but if we had more, we would take up the opportunities we have to borrow more, and the Government get terrific gearing out of that. Most of the money is private money, but it needs some public money to make that happen.

I would like to put on the table one last financial way in which growth in housebuilding can be encouraged. I would recommend that, as well as the FirstBuy and NewBuy initiatives which help first-time buyers into a new flat by helping with their deposits and guaranteeing their mortgages, we should also have a scheme that enables first-time buyers to buy the homes that older people are leaving so that they can move into brand new, specialist, retirement housing. That gives you two bangs for your buck. The elderly person gets a much more manageable home which is cheap to heat and maintain as well as all the things that older people need, such as accessibility and companionship, and the young family can buy into a family home with, probably, three bedrooms and a garden which is just what they want and just what housebuilders are seldom building these days. You would get two for one if we could encourage a move of that kind.

It is good news that the Government want more action, are serious about the acute shortages of new homes and want to get Britain building, but the most important measures for central government will not be in diminishing the role of local government on the planning side. I hope the Minister and her departmental colleagues will be open to other positive ideas as well.