Housing and Planning Bill

Lord Carrington of Fulham Excerpts

Wednesday 23rd March 2016 Lords Chamber

[Lord Young of Norwood Green (Lab)]

My Lords, I rise primarily to speak to Amendment 102D, to which my name is attached, but I cannot resist commenting on the paean of praise from the noble Lord, Lord Deben, for landowners. I could not help thinking that he might have a desire to involve the local planning authority if a large basement were being dug underneath his property or someone was proposing a building that did away with most of the light that fell on his property. I think then he might develop a bit of enthusiasm for planning, as opposed to the rights of landowners.

I accept the right to experiment, but to say that, because we, on this side of the Committee, suggest that there could be some problems with the idea and that we would like to subject it to scrutiny, it somehow means that we are totally Luddite or that we are opposed to any experimentation whatever, is a trifle over the top. I do not know whether my name says that I am young enough to meet that compliance, but I hope that my attitude is, anyway; so on the assumption that this might go through, the purpose of the amendment is to raise a perfectly legitimate and necessary concern. Whoever it is contracted to, the final decision—and legislation should be very explicit on this—must come back to the local authority. It must come back to the elected people to make that decision. That might be infuriating—on many occasions it is. There is a development going on in my area that has taken three years up till now. I would not blame the planners; a group of nimbys are doing their best to ensure that this development does not take place, but that is what you get with local democracy.

It is right to be sure. I looked at the phrase in the Bill that I assume the Government put in as a safeguard. It says:

“The regulations must provide that the option to have a planning application processed by a designated person … does not affect a local planning authority’s responsibility for determining planning applications”.

I can see that that is what this is about. The phrase, “does not affect” ought to be stronger than that; that is why I am supporting this amendment.

Finally, I hope that the Government will ensure—after all the consultation and the pilots—that there is clear government guidance for whoever is to carry out this work. There should be declarations of interest and an ethical responsibility in the way the work is carried out. Those are legitimate concerns, some of which were expressed by the noble Lord, Lord Greaves, and my noble friend Lord Beecham.

[Lord Carrington of Fulham (Con)]

My Lords, I do not intend to detain your Lordships’ House for very long on this; everything that needs to be said probably has been said. However, I want to add my voice in support of my noble friend Lord Borwick on Amendment 102D. This is not because I think that this amendment is probably necessary; I am sure the Government have no intention of ensuring that developers can prejudice the decision that is taken by the local authority by choosing a contractor to undertake the work who will produce a report—which the developer has paid for—that is in the developer’s favour. Although I am sure that that is not the intention, it is a clear misconception that is accepted by a great many people outside this House. We need to make it perfectly clear that the designated people who are producing the planning report are doing it on a highly professional basis and that all they are doing is undertaking the mechanical work of processing a planning application. What they are not doing is prejudicing the decision that will be taken by the local authority. If they are prejudicing or influencing that decision, we are going slightly too far in the Bill. The decision on planning has to be a democratic decision that is taken by the councillors in the local authority. It could be argued that too often in local authorities those decisions are delegated to officers, and ought to be retained by the planning committee and the councillors themselves.

I am looking forward to receiving the reassurance that I think many people in this Committee are looking for. All we are proposing is to provide additional resources to the council, however they are paid for, for the mechanical process of taking a planning application from its initial lodging with the council through to the point at which it is capable of being assessed by the planning committee. I agree totally with my noble friend Lord True that privatisation in that regard is fine, but privatisation which privatises the democratic decision is, in my view, unacceptable.

--- Later in debate ---

Debate on whether Clause 183 should stand part of the Bill.

[Lord Carrington of Fulham]

My Lords, before we proceed, I have a question on Amendment 183. I do not intend to delay the House very long. The Corporation of London has a specific problem with Clauses 183 and 184. The Corporation is very much a hybrid body, in that it is both a local authority and a corporation under the corporation Acts. It is unclear, in these clauses, whether it is covered in its private capacity as well as in its public capacity. I would like reassurance that that will be covered in the regulations.

[Lord Bridges of Headley]

My Lords, I sense that an answer is winging its way to me. I am aware of these concerns, and we will specify its functions as a local authority. I will meet the noble Lord to discuss this issue, but we are very alert to it and will address it.