Planning and Infrastructure Bill Debate
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(1 day, 11 hours ago)
Lords Chamber
Lord Blencathra (Con)
My Lords, I support Amendment 88 and congratulate noble Lords on all the excellent speeches we have heard so far in support of it. The provision of green space is terribly important when building homes. I am in despair to see so many developments of little houses packed tightly together with little or no garden space and no small green spaces in the public areas.
I urge the Minister to dig out the excellent 2020 report, commissioned by her department, Living With Beauty; Promoting Health, Well-being and Sustainable Growth, which inter alia made the point that communities were more likely to approve of new housing if it was of a beautiful design and harmonious with the local architecture. It was written by the urban design expert Nicholas Boys Smith, the founder and chairman of Create Streets. He was also chair of the advisory board of the Government’s Office for Place and is an academician of the Academy of Urbanism.
Chapter 10 is called “Neighbourhoods: create places not just houses” and says:
“the research is remarkably consistent. Most of us prefer places we can walk in, where there is greenery frequently present and where we find the streets and squares beautiful to look at and be in. We prefer places that do not cost the earth but can help us live in harmony with it”.
I urge the Minister to read and implement the report, especially Chapter 11, which is called “Nature: re-green our towns and cities”. I make no apologies for quoting the first few paragraphs of this chapter since it makes the point better and more succinctly than I can. It says:
“Sustainability and beauty are not in conflict. Rather they are in symbiosis. This is true at all three scales of building, place, and settlement and has been evident on our visits. It is also reflected in polling and well-being data. Much of the evidence we received … stressed this point.
‘There is a considerable body of evidence that shows green spaces in rural and urban areas are highly beneficial to health and well-being and also provide space for people to meet. The perception of beauty is an important factor for realising these benefits’.
Put simply, green is good for us, as Natural England argued in their evidence to us. The presence of greenery in the urban environment normally has a positive impact on our mental and our physical health. Street trees seem particularly important. They are associated with cleaner air, slower cars, fewer accidents. They provide shade in hot summers. And, perhaps astonishingly given the complexity of human life, street trees have a measurable effect on human health even taking into account income, age and education.
At all three scales, we therefore believe that it is necessary to ‘re-green’ our lives. It is important not to be naïve, however. Many essentially very poor development proposals attempt to cover up their shortcomings with some token tree planting. A strip of grass or a couple of trees cannot rescue a polluted, ugly and profoundly inhumane place”.
I agree entirely with those words. If we cannot rescue those places that are currently built, at least we should stop building new ones in the future. The London National Park City briefed me a few years ago that its research suggested that people would not walk more than about 250 metres to a park or a green space. Therefore, I say to the Minister, the answer is in these amendments—build the green space into the gardens in the streets and little parks or accessible green space in all housing developments. If people will not go to the parks and green spaces, bring the parks and green spaces to them.
My Lords, in speaking in support of Amendment 88 in the name of my noble friend Lady Willis of Summertown, I reiterate in particular the point she made in her introduction to the amendment that if, as we have heard on many occasions, the Government’s view is that this amendment is unnecessary because the matter is covered by the NPPF, please could they show us the workings? Can they demonstrate to us with firm data that the NPPF is indeed working to protect green space in our towns, cities and villages? If we do not have the data, how can we believe what the Government tell us?
We then tend to fall back on anecdotes. We have heard a number of anecdotes already this afternoon, and I will add my own. One of my penances in life is that I support Oxford United. I live in Oxford and, as one of my friends said, when you support Oxford United, you support them through thin and thin. Near the Kassam Stadium—which is in a more deprived part of Oxford, the Blackbird Leys estate—there used to be a very nice little green park. It was small, but it was a bit of greenery where children could run around and kick a ball. Just in the last year or so, that green space has been completely covered wall-to-wall with houses—they are packed in and there is no green space left. Anecdotes like that make us anxious. We do not see where green and blue space is being protected.
I hope that the Minister will respond to my noble friend Lady Willis’s request and, probably not at this moment but in writing, send us all the data that shows that the NPPF is delivering what the Government claim it delivers.
My Lords, in the course of the planning system, we gather a great deal of high-quality biodiversity data. By and large, we then throw it away. We should not be doing this. We should be keeping it, making sure it is accessible, so that we can really plot what we are doing in 30 by 30 and in our campaign to restore nature to this country. It is ridiculous that we throw it away.
The Minister very kindly wrote me a letter after Committee saying, among other things, that when discharging the biodiversity gain condition, applicants can choose to share their data with local environmental records centres, and many are already choosing to do so. I organised a ring-round; it is not happening—it is not true—so we must have some very clear regulation that this data should not be lost. If this cannot be done in this Bill, then please may I sit down with the Minister in preparation for the next planning Bill? This cannot go on. I beg to move.
Lord Blencathra (Con)
My Lords, I shall speak to my Amendment 87BA. The most important vehicle for nature recovery in this country is via the local nature recovery strategies being developed by the 48 local authorities in charge. One can design a recovery strategy only if one knows what is there in the first place, or rather what is not there, what is lacking and needs to be recovered. My noble friend’s amendment is wise and right, but I would urge the Government to go further, since many organisations collect species information, often working collaboratively to pool data and make it available for research and conservation purposes.
The primary network for this collaboration is the National Biodiversity Network, the NBN, which brings together government bodies, charities, volunteer-led recording schemes, data aggregators and networks. The NBN is a charity that oversees the UK-wide partnership for gathering and sharing biodiversity data.
Then we have the Biological Records Centre, the BRC, which was established in 1964. The BRC co-ordinates and supports wildlife recording schemes and societies across the UK, working with volunteer recorders. It manages the online recording tools called iRecord and iNaturalistUK, and its data is published on the NBN Atlas.
Then we come to the local environmental records centres, the LERCs, the organisation mentioned in my noble friend’s amendment. Natural England has divided England into 159 distinct national character areas, or NCAs. Each NCA is defined by a unique combination of natural and human factors, including landscape, biodiversity, geodiversity—that is geology and land forms—history, and cultural and economic activity.
That information is invaluable in helping authorities develop their LNRS but so is all available data, government and private. My noble friend’s amendment asks that the biodiversity information collected in the course of a planning application should be given to the LERCS—I would add that it should be given to the NBN and the BRC also. We cannot have enough data available for decision-making.
Where I depart from my noble friend’s amendment is that he wants to make it compulsory and legal; I would hope that is not necessary and that exhortation from the Government to the local authorities would ensure that this information is sent to the three organisations we have mentioned in our amendments.
I hope that they will not use the excuse that this is all confidential in the planning application and they cannot send it. That is nonsense; it should not be deemed confidential, and it should be passed on to those organisations. If the Secretary of State wants another new slogan in addition to “Build, baby, build”, I would suggest “Data, baby, data, data, data”.
Lord Howard of Rising (Con)
My Lords, I will speak to the amendments in my name in this group, starting with Amendment 87FB. These are about bats, which I will come on to in a minute.
In the meantime, I would like to say that His Majesty’s Government have made a number of statements complaining about the obstructive planning laws which impede building. The Government are to be applauded in taking this sensible viewpoint, and I am very happy to help them by putting down these amendments, which will, I hope, alleviate one of the expensive and absurd difficulties that come in the way of those seeking to build. As I said at Second Reading, bats are an example of good intention being taken over by those concerned with the implementation of the legislation extending their remit to an absurd degree.
I quoted at Second Reading the £100 million bat tunnel—as my noble friend Lord Lucas pointed out at the time, that is 10 doors to this House. There was also my own case of having a house demolished, which the bat people had confirmed was bat-free. Nevertheless, they insisted on each tile being removed one by one, which meant I had to employ six people for four weeks, removing tiles one by one for inspection by a bat person. This cost £30,000, as opposed to one man and a machine taking half a day, which would have cost £500.
The legislation initiated under the Wildlife and Countryside Act 1981 goes through Natural England to the Chartered Institute of Ecology and Environmental Management which sets the competency standards and that inspectors are registered with them. It has become an industry of its own. Local authorities, in order to avoid criticism for not complying with the Wildlife and Countryside Act, go for the easy life and automatically demand an inspection for bats even where it may not be a sensible or reasonable request. This is then carried out by the registered bat inspectors, which would be fine, but it is abused, as in my case, where, with no evidence of bats, an extra £30,000 had to be paid to confirm their inspection.
I recently came across the case of a young couple wishing to alter their attic to add needed extra accommodation. They were required by the local authority to have a preliminary bat inspection at a cost of £1,000. Without this inspection, the local authority would not permit them to even apply for planning consent, which might not have been granted. Why could they not put in for planning and, if it was approved, carry out a survey where at least they would be putting some money towards something positive?
Amendments 203B, 203C and 87FC seek to ensure that there is some comeback to unreasonable requests so that the system is not allowed to run wild, as it does at the present time. My Amendment 87FB would enable some form of discipline to be imposed on local authorities in respect of the demands for bat inspections. This is in line with government policy. It would assist in the development of housing, which the Government are keen on.
It gives me great pleasure to assist His Majesty’s Government by introducing what I hope will be a first step in implementing their expressed wish to bring some kind of sense to the planning process.
My Lords, I want to make a quick point. If you are trying to build a lot of houses, you have to sell them. The rate of sale determines the rate of building: if you do not sell the houses, the builder goes bankrupt because houses are very expensive to build. As a result, it would open up the market much wider if we incorporated these standards for access, because more people would be in the market who could buy them. It must help the rate of sales, because there is a bigger market. Why not do it? I cannot see why not. We are assured that it does not cost any more to do it, so it seems silly not to.
On smaller houses, people who travel live in caravans and motor homes and are very happy doing that. Why are we trying to be so prescriptive about the size of houses? If you build a house of a size that is going to sell, why not?
Lord Blencathra (Con)
My Lords, not for the first time in this House, I will strike a slightly contrary note. I believe Amendment 89 is well intentioned but goes a bit too far in calling for all housing to meet the standards set out in M4(2) and M4(3).
M4(2) sets a standard for new homes to be accessible and adaptable, meaning they are designed to be easily adapted for future needs, such as those of an elderly person or those with a temporary disability. It is not a standard for full wheelchair accessibility, which is covered in the much more stringent M4(3) standard. M4(2) requires the dwelling to have features such as the provision for a future stairlift or lift, and may require certain features such as low-level windows.
The regulations were naive in believing that one could build homes that could be easily adapted for wheelchair users. All of us on all sides happily voted these through. It is like motherhood and apple pie: we thought we were doing something helpful for the disabled, and I do not think we took into account the practicalities and the cost. I simply do not believe that you can build these homes to be easily converted for the disabled at the same cost as current homes.
It is not just a matter of level access; it is a whole host of different features. You need wider doors everywhere. Kitchens may have to be ripped out and built at a much lower level for wheelchair users. You cannot have any wall cabinets; there will never be enough space in a kitchen designed for wheelchair users.
As for bathrooms, it is not just a matter of extra grab handles; the whole bathroom needs to be twice to three times the size to fit a wheelchair user. If a wheelchair user is not ambulatory at all and has to be stuck in the wheelchair, you need an absolutely level access shower. That means ripping out the standard shower and putting in a flat one when you might not have the drainage to do it. These are just some of the practical problems I see day to day if one tries to design that in at the beginning. As for space to install a lift—forget it. That would require a massive redesign at potentially enormous cost.
The point is that there are an estimated 1.2 million wheelchair users in the UK. This number includes permanent users and the 400,000 ambulatory users, which includes people like me who can walk a bit, provided we have our chariot wheelchair to help us. Wheelchair users make up roughly 11% of the disabled population. That is why I think it is over the top to call for all housing to be suitable or adapted for wheelchair users when only 11% of the population needs it. Perhaps local authorities should be under an obligation to deliver 15% of wheelchair-accessible or adaptable housing in all new buildings.
Turning briefly to the housing needs of an older generation, I have a simple, one-word solution: bungalows, either detached, semi-detached or even a single-storey terrace. It is believed that about 2 million bungalows were built in the last century, before builders stopped building them, since they take up more space and they can now cram a dozen rabbit hutches of about three storeys high into the same space taken up by one bungalow. In 1987, there were 26,000 new bungalows registered. In 2017, there were only 2,210.
I do not have a solution to that. If builders will not build them, I am loathe to demand that there should be a compulsory quota. Perhaps another slogan for the Secretary of State, in addition to “Build, baby, build”, should be “Bring back bungalows”.
My Lords, Amendments 89 and 97, tabled by the noble Lord, Lord Best, would mean that the homes we build must reflect the needs of our population. In an ageing society and one where the nature of disability is changing, this becomes ever more urgent. Accessibility and adaptability are not luxuries; they are the foundations of a fair and future-proof housing system. We are therefore grateful to the noble Lord for bringing back this important debate on Report and thank him for his tireless work on these issues.
On Amendment 91, tabled by my noble friend Lady Hodgson of Abinger, more homes are important—of course they are—but homes that respect local character, reflect vernacular and are, quite frankly, pleasant to look at are important too. Having scrapped the Office for Place and having not implemented the LURA requirements for design statements alongside local plans in local planning authorities, the Government appear to be riding roughshod over the very principles of good design and placemaking that Parliament sought to embed in legislation.
What are the Government going to do to uphold and protect the principles of design quality, to ensure that places we build are not only affordable and efficient but beautiful, sustainable and built to last? I am delighted that the noble Baroness, Lady Thornhill, shares this sentiment. She will speak to her Amendment 92 in the next group, which seeks to strengthen the same call.
On Amendment 112, also tabled by the noble Baroness, Lady Thornhill, as we said in Committee, stepping-stone accommodation is an idea with real potential and one that speaks to a compassionate and practical approach to housing need. But, as ever in this House, we must balance principle with practice. I support wholeheartedly the spirit of this amendment, but I sound a note of caution. Our existing space standards were developed for good reason. They exist to prevent a return to poor-quality housing—the rabbit hutch flats of the past—homes that compromise health, dignity and long-term liveability.
If we are to disapply or adapt such standards in specific cases, we need to do so with clear safeguards in place. The noble Baroness has helpfully proposed a specific minimum size and has begun to flesh out the practicalities of this proposal—that is a constructive way forward. But before we enshrine such figures in legislation, there should be a proper consultation both with the sector and, crucially, with those we seek to serve.
Stepping-stone accommodation could play a valuable role in tackling housing need, but it must be done right. It must offer dignity, not just a stopgap. Above all, it must serve the people it is designed to help, not simply the pressures we have in the system at this time.