Neighbourhood Planning Bill

Lord Cameron of Dillington Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Thursday 2nd February 2017 Grand Committee

Moved by

[Lord Cameron of Dillington]

25: After Clause 11, insert the following new Clause—
“Right to reject a second development application
A local planning authority has the right to reject a planning application if the applicant, or any associated individual or body, already has planning permission to build 50 or more homes in the area.”

[Lord Cameron of Dillington]

My Lords, first, I should say that I tabled this very much as a probing amendment. We all agree that we desperately need more houses for the next generation, and the Bill attempts to loosen the planning system so that we get more permissions to build more homes via improved neighbourhood plans and curtailing the possibility of delays caused by overprotectionist pre-commencement conditions. So far so good, but improving the planning system will not necessarily result in more homes being built. We need some sort of incentive or leverage to make the builders build.

In this context, two bits in the early evidence sessions in the Commons interested me. One was a question from Kit Malthouse MP to Hugh Ellis of the TCPA. He asked:

“On that point, is it possible for a developer to obtain a large permission in an area, and then not develop it out, and then challenge a refusal on another site in that area on the basis that a five-year land supply has not been fulfilled?


Hugh Ellis replied, “yes” and Kit Malthouse went on to spell it out:

“Therefore, by being patient, they are able to blow a hole in the land supply and get a permission that they otherwise would not have done, and double up”.—[Official Report, Commons, Neighbourhood Planning Bill Committee, 18/10/16; col. 32.]


That merely confirmed what other people had been telling me for some years. It was that short conversation that led me to table this amendment as a possible solution. It is not necessarily the only solution. It is worded in such a way that the initiative remains firmly in the hands of the local planning authority. It does not have to refuse a second application from a developer or builder, but it is to be hoped that if there is any hint that the developer is playing speculative games, the local planning authority should have the incontestable right to refuse him or her permission, however suitable the second site may be. I use the word “incontestable” advisedly, the point being that local planning authorities have a duty to fulfil their five-year land supply, which is as it should be, but they need more tools in their toolbox than the current planning system gives them.

To take an alternative approach, a little later in that evidence session there was another conversation between Hugh Ellis and the Minister, Gavin Barwell. Hugh Ellis said:

“You have signalled, Minister, that you are interested in exploring how we can find new ways to challenge that”.


He is referring to the gap between planning permissions granted and houses being built.

“The critical issue is that from 2019-20 onwards, the private sector will probably go on building 150,000 homes a year, almost for ever”.


A little later, the Local Government Association representative added to the conversation:

“I will finish with an example from Croydon. If a planning permission has not been taken up within three years, perhaps a council building company … should be invited to step in and start building the homes that somebody promised they would build but did not”.—[Official Report, Commons, Neighbourhood Planning Bill Committee, 18/10/16; cols. 37-38.]


So there is another possible solution to the problem: giving local councils permission to build out an undeveloped site. An alternative could be for the local planning authority to divide the land up into smaller plots and sell them off to other builders who can guarantee to build them out within a given period of time. There was an article in the Times today which hinted at that as a solution.

Something has to be done. This amendment is entirely probing: to test the Government’s enthusiasm on this issue. There is no doubt in my mind that we cannot go on having national, local and neighbourhood plans for housing continually undermined by developers who do not develop. I expect that the Minister will tell me that all this will be in the housing White Paper, but I like to hope that he can give us some indication of government thinking in this area. I beg to move.

[Baroness Pinnock (LD)]

I am speaking on behalf of my noble friend Lady Bakewell of Hardington Mandeville, who is indisposed and has had to leave. I draw attention to my interests as set out in the register. I am another vice-president of the Local Government Association and a councillor in the Metropolitan Borough of Kirklees.

My noble friend wanted to say that, while some developers submit planning applications and build the homes for which they have been given permission, not all of them do so. It is not unusual for developers to gain permission but not to start work on site or, if they do, for the work to be at a low level and for the site then to be abandoned. This does not help the housing crisis that the country is currently undergoing. Local planning authorities and councillors believe that there are sufficient planning permissions to cover local housing needs, but they are thwarted when homes are not built in a timely fashion. There is currently little that they can do to encourage a developer to start and finish. The amendment moved by the noble Lord, Lord Cameron, would encourage tardier developers to take seriously the permissions they already hold and to build to meet the need. It is not intended to penalise the smaller developer who may be having problems financing his work but is aimed at those who have permissions for 50 homes or more, and who could make a real difference to the housing shortage by realising that these homes matter.

I turn now to Amendment 63. We have all seen sites around the country that have received full planning permission and where a digger has been on site and excavated a drainage ditch, then the driver has packed up and gone home. Often the digger is left on site. Perhaps metal barricades will be erected around the ditch, but nothing else happens. These sites can often be left for years before anything further is done. There is a notorious site in my area which was 40 years in development. As noble Lords can imagine, many things have changed in that time, such as the road network and all sorts of other things. It is a real issue that needs to be addressed. The country is suffering a housing crisis, and has been for many years. This will not improve unless we get developers moving to fulfil their obligations to build with the permissions they hold.

Encouragement does not appear to have worked in the past, so we must turn to sanctions. In my amendment I have not specified what “a reasonable time” for completion might be or what the financial penalties should be. I believe that these are best left to be determined by the size of the site and the number of homes not completed in an orderly fashion. The amendment appears to be all stick and no carrot, but I regret that the country has reached the stage where homes need to be built, and developers have to play their part in making that happen. I look forward to the Minister’s response.

--- Later in debate ---

As I have indicated, I have fundamental concerns with this amendment in view of the fact—noble Lords rightly anticipated that I would again say this—that this matter will be addressed in the housing White Paper. It needs a fuller discussion and the housing White Paper is expected very shortly. I suggest that this is not the appropriate vehicle for this issue: it needs a deeper dive and a longer look. In response to a fair speech from the noble Lord, Lord Beecham, I can confirm that the Government see this as a concern and are looking at ways to address it. With that, I ask the noble Lord, Lord Cameron, and the noble Baroness, Lady Pinnock, who so ably spoke to their amendments, to withdraw or not move them on this occasion.

[Lord Cameron of Dillington]

I am grateful to all noble Lords who have taken part in the debate. As I said in opening, the amendment was seeking to provoke the Government on whether they were addressing the problem from our perspective. I am glad to hear the Minister say that the Government are working on the problem and that it will be looked at seriously within the housing White Paper. As I said at the beginning of my speech, I know this is not the right amendment. It is only a provocative amendment to get some form of response from the Government, so I am happy to withdraw it.

Amendment 25 withdrawn.