Housing and Planning Bill

Lord Bishop of St Albans Excerpts

Tuesday 8th March 2016 Lords Chamber

[Lord Cameron of Dillington]

My Lords, I will speak to Amendment 57B, tabled in my name, and also Amendment 57D, where I am an also-ran behind the noble Lord, Lord Best. First I restate what I said at Second Reading: I am keen to encourage the Government’s desire to develop more home ownership. There is no doubt that the big change in social mobility since my post-war youth has been assisted by the growth in home ownership that has happened during my lifetime. So I am all for encouraging that direction of travel.

Nevertheless, in the countryside at any rate, where the availability of housing is limited, and while the desirability of country living is so deeply embedded in the English psyche, we have to make absolutely certain that we do not leave any casualties behind on the road to the home-ownership ideal. Unless we cater for the high demand for affordable homes for the less well- off, we will undoubtedly leave such casualties. The Government recognise this, which is why they agreed to only a voluntary right to buy for housing associations in the expectation that, in the most rural areas, the associations would choose not to allow it.

But in an effort to compromise and refine that, so that we do indeed maximise the potential to provide extra rural, local affordable housing, Amendment 57B, which stands in my name and those of others, ensures that if any party—a housing association or a householder —decides to take advantage of the discount available from the Government, the resulting sale will only take place if a new affordable house is provided in the parish or adjoining area. The key word there is “adjoining”. It is important that the new affordable housing replaces the existing homes being sold within the same community or group of local communities. It is no good having the replacement housing on the other side of the county or, in the case of the amendment in the name of the noble Lord, Lord Berkeley, even on another island in the Isles of Scilly. We both go on holiday to the Isles of Scilly so we know a little bit about them.

It goes without saying that the housing association houses being sold must not be on an exception site, as that would undoubtedly result in the abandonment of the “in perpetuity” for locals that would have been written into the original planning permission and by which the site is forever legally bound. We are talking here about Section 106 housing, on sites where the housing association houses are within a larger commercial development adjacent to or part of either a large village or market town. It behoves all parties, the vendor housing association, other housing associations and the local planning authority, to pull together to make this work. If the local planning authority can use its strategic housing land availability assessment review—known to its friends as SHLAA—to encourage landowners, farmers and indeed parishes to assist in the finding of new sites for new affordable homes, so much the better.

It will not have escaped your Lordships’ attention that the advantage of this amendment over the mere existence of the voluntary undertaking on the part of the housing association is that if the scheme works and is seen to work, we might get more housing for locals in our villages, even if the house being sold eventually gets sold on, inevitably, to an outsider and is thus lost for ever to the people of the village. In this way, our amendment and others of a similar nature in this group promote the Government’s agenda of greater home ownership, so I hope that it will be acceptable to them. Without amending the Bill in this way, and without the co-operation of all parties to encourage this extra housing, I do not see many responsible housing authorities volunteering their rural properties for the right-to-buy scheme—which I suspect is contrary to what the Government would really like to see. I look forward to the Minister’s response.

[The Lord Bishop of St Albans]

My Lords, I support Amendment 56, tabled by the noble Baroness, Lady Royall, to which I have added my name. I, along with other noble Lords, have received a number of letters from people living in rural areas who are deeply concerned at what seem the inevitable consequences if this issue is not addressed.

The major force of this amendment, as the noble Baroness pointed out, would be to change the emphasis in the current right-to-buy arrangement from one in which housing associations can choose to exempt themselves from exercising right to buy in rural areas, as per the current agreement, to one in which housing associations would be unable to exercise right to buy in rural areas, unless in exceptional cases, as set out in proposed new subsection (1A) of the amendment.

The rationale for the amendment is pretty simple. Affordable housing should not be sold off in communities where it will not be replaced. Among the other options, adjacent areas, for example, may be quite some way away and include urban areas, so there are issues about definition. The broader definition of “rural” that is included in the amendment—as well as the inclusion of dwellings in national parks, areas of outstanding natural beauty and rural exception sites—is designed to capture those additional settlements in which planning restrictions and natural features make the replacement of affordable housing sold under right to buy highly unlikely.

Everyone in the Committee will understand that affordable housing in rural areas is essential for the long-term sustainability of local communities, yet despite prices that are beyond the reach of many of those who live and work in rural areas, the level of affordable housing in rural areas is very low—only 8% compared to just 20% for urban areas. There is a variety of reasons for that, one being that it is so difficult to build in these areas. Planning regulations mean that rural villages struggle to produce any new developments, and what new developments there are tend to be much smaller, yielding little in the way of affordable housing through Section 106. Of course, proposed changes to the Bill to the requirements of developers to include affordable housing in any new developments will only make the situation far worse with regard to the provision of affordable homes for rent.

All of this means that any measure that puts existing rural affordable housing stock at risk needs to be treated very carefully—but the current right-to-buy arrangements make exactly the threat that I am concerned about. The chances of any rural affordable housing that is sold under right to buy being replaced by similar rural affordable housing is very small, as one sees when one visits rural areas and talks to people working on the ground. It is far more likely that those housing associations which choose to sell off expensive rural housing will choose to build replacement homes in urban areas, where the costs of development are likely to be far cheaper. That might be good for the housing associations which are facing a period of belt tightening over the coming years, but it will be devastating for rural communities.

Another reason for considering the amendment is for the sake of simplicity. Tenants require clarity about where they will be able to exercise the right to buy, as has already been pointed out, and a system based on housing association discretion is almost designed to create disappointment. I know that noble Lords on all sides have serious concerns about the feasibility of providing a portable discount as an alternative. It is also true that initial indicators suggest an enthusiasm for right to buy that will far exceed the Government’s ability to provide replacement funding—again leading to disappointment. Excluding areas that are most likely to be harmed by right to buy will ensure that resources are directed to the areas where they can do the most good. I hope the Government will reconsider and will listen very carefully to these arguments before pushing ahead with this.

[Baroness Bakewell of Hardington Mandeville]

My Lords, I draw the House’s attention to my interests as a vice-president of the LGA and a councillor on South Somerset District Council. I support all the amendments in this group, including those in the names of the noble Lords who have already spoken, and I will speak specifically to Amendments 56, 56A, 57A and 57C. This extremely important group of amendments will have far-reaching effects on communities throughout the country.

As indicated previously, I visited Exmoor National Park to talk to the chief executive. Exmoor has a population of 10,000 people and 5,500 homes actually in the park for those who can afford them. Exmoor National Park wants to provide homes for people who will never get mortgages or loans. Its focus has been on affordable homes for renting. All its new houses are intended to be affordable in perpetuity. It aims to build up its stock of homes to the level it was before the first round of right to buy depleted it. In recent years 100 homes have been provided and 200 people have been accommodated—its policy is working. Some 30% are privately rented or privately owned and 50% are socially rented, but all require a local tie or connection.

The Exmoor and Northumberland national parks are the most sparsely populated areas in the country, with very small settlements. Other national parks have larger settlements, where it is easier to provide affordable homes. The statistics are stark. Of the first tranche of right-to-buy sales, a majority have gone to outsiders and for holiday lets. In Lynmouth, in a row of terraced properties sold under the right to buy, only two are not now holiday lets and 20% of the properties have no usual residents. We must prevent this from happening a second time. In Northumberland the undersupply of affordable rented properties at rates related to average wages has led to a gradual decrease in housing. Hard evidence is difficult to obtain due to the paucity over nearly 30 years—young couples have just accepted that to get a home they have to leave the park area. However, when 30 homes were built in Norham, they were let to the relevant people in a morning, despite only four or five appearing on housing lists.

Incomes in Exmoor National Park are in the lower quartile for England, at around £12,000 for a household. Many people have no regular work. Their work is seasonal or portfolio work. The majority of people on the park are in work but on very low incomes. Affordable housing schemes are very popular. However, when rents went to 80% of market rents, people pulled out as they could not afford them; 80% is still unaffordable on Exmoor. The self-employed on Exmoor are nowhere near the living wage. Lambing is a good example of seasonal work which pays cash in hand. These people can never get mortgages due to their inability to prove a living wage over the relevant period of time. The “at least 20%” discount will need to be considerably more to assist these residents. A home at an affordable price of £130,000 would have to be discounted by nearly 30% to be truly affordable to the workers on the park.

Young people living on Exmoor are in dire straits. The park has conducted a survey to assess their housing needs. One young person felt that he did not have a housing need because he was able to sleep on the floor of a friend’s caravan. There has to be more to life for these young people. Residents, particularly young people who work on the land on Exmoor, need properties suitable for their lifestyles. They need somewhere to keep dogs, store their equipment and hang soaking wet waterproofs when they come in at night from lambing et cetera. Properties provided in the park for those who have a connection to the park, and are lucky enough to be housed, must be protected in perpetuity for those coming after them—not sold off at a profit to those seeking to make a quick turnover. New market homes must be the principal residence of the occupier and have to be lived in, and not a second home.