Levelling-up and Regeneration Bill

Lord Crisp Excerpts

Report stage
Monday 4th September 2023 Lords Chamber

Moved by

[Lord Crisp]

191A: After Clause 88, insert the following new Clause—
“Secretary of State’s duty to promote healthy homes and neighbourhoods(1) The Secretary of State must promote a comprehensive regulatory framework for planning and the built environment designed to secure—(a) the physical, mental and social health and well-being of the people of England, and(b) healthy homes and neighbourhoods.(2) The Secretary of State may by regulations make provision for a system of standards that promotes and secures healthy homes on condition that certain requirements prescribed in the regulations are met. (3) Schedule (Healthy homes) makes provision about healthy homes standards.”

[Lord Crisp (CB)]

My Lords, I will speak to the three amendments about healthy homes in my name in this group: Amendments 191A, 191B and 286. I support other amendments in this group; in particular, Amendment 198, which, like these amendments, links health and housing, and much of what I will say is also very relevant to that amendment.

I am very grateful to the noble Lords, Lord Young of Cookham, Lord Blunkett and Lord Stunell, for adding their names, and more generally to noble Lords across your Lordships’ House who have supported these amendments. I am also very grateful to the TCPA, which has supported me with these amendments; there is also a considerable campaign of support for them outside which it has created, including among builders, developers and insurers, all of whom recognise that action is needed.

I am also very grateful to the noble Baroness, Lady Scott of Bybrook, and the noble Earl, Lord Howe, with whom we have had two meetings, but sadly without any progress being made. I wait to hear what may be said later.

In describing these amendments, I will also explain why they are very different from the Government’s existing and planned policy. I make a point of this because the Government have consistently stated that these amendments are not necessary as they are already covered by existing or planned policy. However, these differences start with the recognition of the vital link between housing and health and well-being. They are intimately connected issues. Noble Lords will be very well aware of these connections and the problems—for example, of damp, cold, mould, air pollution, safety and more—when poor housing has caused deaths, illnesses and accidents. We need think only of the poor child in Rochdale who died from mould or the child in London who died from air pollution in their homes.

It is also important to remember to mention the mental health issues caused by poor, insecure, overcrowded housing and living in homes and neighbourhoods that are vulnerable to crime. I know that noble Lords debating the amendment of my noble friend Lady Willis will have much more to say about this, and particularly inequalities. It is the poorest people in the poorest neighbourhoods who are worst affected, and that is a very fitting topic for a levelling-up Bill.

Noble Lords will also be aware of the great strides earlier Governments made in understanding the relationship between health and housing and tackling them together, from Victorian times onwards—slum clearances over the ages, but also the great campaign of “Homes for Heroes” after the First World War. People recognised those important links, yet today, there is virtually nothing about health in planning and, if there is, it is about healthcare. The links between health, well-being and planning are simply not addressed. That is why Amendment 191A states:

“The Secretary of State must promote a comprehensive regulatory framework for planning and the built environment designed to secure … the physical, mental and social health and well-being of the people of England, and ... healthy homes and neighbourhoods”.


This does three very important things. It places health and well-being firmly at the heart of planning for the built environment; stresses the links between an individual’s health and the neighbourhood in which they live; and provides a clear aim for the whole planning and regulatory system. All three are important.

I recognise that this is a substantial strategic change in the approach to planning and regulation which, if adopted, will have a positive impact on the quality of housing and neighbourhoods, should reduce the likelihood of new slums being created and truly help to level up. It will also have a positive financial benefit by reducing the massive cost of poor housing to, for example, the NHS. I will not labour this point, but it is in the many billions of pounds. The respected Building Research Establishment estimates that it is £135 billion over 30 years. Of course, there is all the human cost of poor housing and huge cost to other sectors of the economy. In summary, there is a real choice here between carrying on as before and making a determined effort to create good housing for the citizens of this country that is fit for the future.

I turn for a moment to standards and quality. I imagine that all noble Lords are well aware of the poor standard of some recent developments, mainly but not exclusively those created through permitted development rights. We can see that existing arrangements have not stopped that, and new policies will lack the teeth to make it happen. Amendment 191A refers to the Secretary of State being responsible for creating

“a system of standards that promotes and”,

importantly, “secures healthy homes”. The system of standards covers 11 areas, which are linked concerns about individuals and the community. They bring health and environment and health and security issues together. Importantly, in Amendment 191B, it is the Secretary of State who is held to account by Parliament for delivery, by the mechanisms in the amendments.

We are not writing the policy; we are making sure it is delivered everywhere. We set out those principles to be followed which need to be enshrined in law; we have deliberately left the Secretary of State with space to define the standards, which will obviously change over time, and the methods they use to deliver them. We are not trying to rewrite government policy here; we are trying to enact legislation.

Since Committee, the Government have proposed the extension of permitted development rights to embrace sites in countryside areas, farms, national parks and hotels. This makes these amendments even more necessary. We need the health and well-being focus, the coherence and the standards as a counterbalance: a free-for-all will not help the public or the economy. As the APPG on homelessness said even before that extension was proposed, PDR can provide extra needed housing, but it needs to be done well, which is why that cross-party group supports these amendments.

Let me touch on costs. I imagine that some noble Lords will be thinking, “Doesn’t this cost a great deal of money?” I am not talking about the difference between lower-cost and higher-cost houses, I am talking about the difference between lower-cost housing and housing that is simply not fit for purpose. The analogy I use is the MOT. The MOT dictates whether or not a car is fit to be on our roads. If we have such a test for our cars, we also need to ensure that our housing is fit to be on our streets.

I have so far talked about the extraordinary opportunity cost of not addressing these issues. If we do not address them, we are condemning a lot of people to poor housing. But let us look at it from the other side for a moment: from the point of view of opportunity, and homes for heroes, if you like. Who have these homes been built for? There is opportunity here if people have a secure home, a secure base from which to operate, space for children to do their homework, where they are not spending all their time worrying about repairs and everything else. This is about life chances. It is not just about housing affecting health and well-being; it affects people’s life chances in the long term.

These are powerful arguments, and I wait to hear how the Government are going to respond. However, I should say at this point that I expect to take this to a vote, because I want His Majesty’s Government to think again and engage with the arguments about health, well-being and standards. They have not done so thus far, but it is very important that they do. I beg to move.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I shall speak to Amendment 198 in my name and those of the noble Baroness, Lady Willis of Summertown, the noble Lord, Lord Foster of Bath, and the right reverend Prelate the Bishop of London.

The noble Baroness, Lady Willis, very much regrets that she is unable to be present, for unavoidable reasons, and has therefore asked me to speak to her amendment. In essence, it would ensure that the planning system is contributing to the levelling-up agenda by designing the places people need to thrive and contributing to a general health and well-being objective. Let me say here that I entirely endorse what the noble Lord, Lord Crisp, with his great experience, said. This amendment is entirely consistent with and complementary to his, and I am glad that he will press his to a Division.

I should say that my interest in this came from the particular issue of health inequality, but it is active travel on which I will focus. Subsection (4) of Amendment 198, to which local planning authorities or, as the case may be, the Secretary of State would have to have regard, emphasises some of the points the noble Lord, Lord Crisp, is making:

“ensuring that key destinations such as essential shops, schools, parks and open spaces, health facilities and public transport services are in safe and convenient proximity on foot to homes … facilitating access to these key destinations and creating opportunities for everyone to be physically active by improving existing, and creating new, walking and cycling routes and networks … increasing access to high-quality green infrastructure … ensuring a supply of housing which is affordable … and meets”

health, accessibility and well-being needs. That is entirely consistent with what both the Government and the Opposition would think of when they talk of health and well-being.

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To conclude, I hope that the noble Lord, Lord Crisp, having heard what I have said, will agree to withdraw Amendment 191A, and that noble Lords will be content for the other amendments in this group not to be moved when they are reached.

[Lord Crisp (CB)]

My Lords, I thank all noble Lords for taking part and for the great support which our amendments have received. The noble Earl, Lord Howe, knows that in our earlier discussions we always said we were happy to discuss the detail and how this would be implemented and that there were two sticking points. The two sticking points were having some firm, fixed standards—the MOT analogy I used—but also the whole approach to the system of promoting health and well-being. I very much welcome the movement the Government have made on extending the Decent Homes Standard to social housing but also to the private rental sector. I have to ask, of course: why not also to PDR, and indeed to all new homes, if it is good enough for those areas? PDR is obviously the area where there has been the most problems.

We have always said there is a great deal of flexibility in how these standards are applied. To briefly respond to the noble Lords, Lord Naseby and Lord Lucas, the amendment makes it clear that it is up to the Secretary of State to interpret these healthy homes principles, and it explicitly says that there will be differences between rural, urban and suburban areas, for precisely the reasons that the noble Lord, Lord Naseby, mentioned.

I am very happy that there has been considerable movement. There has not been movement on the fundamental principle, which is that all new homes being developed, if I may put it in terribly layman’s language, need to promote health, safety and well-being, and that is where we need to be going. So, I ask the Government to think again and see if they can move further in due course, and I would like to test the opinion of the House.

--- Later in debate ---

Moved by

[Lord Crisp]

191B: Before Schedule 7, insert the following new Schedule—
“SCHEDULEHealthy homesPolicy statement on healthy homes principles
1 The Secretary of State must prepare a statement in accordance with this schedule (the “policy statement on healthy homes principles”).2 The statement must explain how the healthy homes principles are to be interpreted and applied by Ministers of the Crown and relevant responsible authorities in making, developing and revising their policies.3 The statement may explain how the principles will be implemented and adhered to in a way that takes account of a building development’s urban, suburban or rural location.Meaning of “healthy homes principles”
4 In this Act “healthy homes principles” means the principles that—(a) all new homes should be safe in relation to the risk of fire,(b) all new homes should have, as a minimum, the liveable space required to meet the needs of people over their whole lifetime, including adequate internal and external storage space,(c) all main living areas and bedrooms of a new dwelling should have access to natural light,(d) all new homes and their surroundings should be designed to be inclusive, accessible, and adaptable to suit the needs of all, with particular regard to protected characteristics under the Equality Act 2010,(e) all new homes should be built within places that prioritise and provide access to sustainable transport and walkable services, including green infrastructure and play space,(f) all new homes should secure radical reductions in carbon emissions in line with the provisions of the Climate Change Act 2008,(g) all new homes should demonstrate how they will be resilient to a changing climate over their full lifetime,(h) all new homes should be secure and built in such a way as to minimise the risk of crime,(i) all new homes should be free from adverse and intrusive noise and light pollution,(j) all new homes should not contribute to unsafe or illegal levels of indoor or ambient air pollution and must be built to minimise, and where possible eliminate, the harmful impacts of air pollution on human health and the environment, and(k) all new homes should be designed to provide year-round thermal comfort for inhabitants.Policy statement on healthy homes principles: process
5 The Secretary of State must prepare a draft of the policy statement on healthy homes principles.6 The Secretary of State must consult such persons as the Secretary of State considers appropriate in relation to the draft statement.7 The Secretary of State must lay the draft statement before Parliament.8 If, before the end of the period of 21 sitting days beginning with the day after the day on which the draft statement is laid—(a) either House of Parliament passes a resolution in respect of the draft, or(b) a committee of either House, or a joint committee of both Houses, makes recommendations in respect of the draft,the Secretary of State must produce a response and lay it before Parliament. 9 The Secretary of State must lay before Parliament, and publish, the final statement, but not before—(a) if paragraph 8 applies, the day on which the Secretary of State lays before Parliament the response required by that subsection, or(b) otherwise, the end of the period of 21 sitting days beginning with the day after the day on which the draft statement is laid before Parliament.10 The Secretary of State may revise the policy statement on healthy homes principles at any time (and paragraphs 5 to 11 apply in relation to any revised statement).11 “Sitting day” means a day on which both Houses of Parliament sit.Policy statement on healthy homes principles: effect
12 A Minister of the Crown must have regard to the healthy homes principles when making, developing or revising policies dealt with by the statement.13 Relevant responsible authorities must have regard to the policy statement on healthy homes principles when discharging their duties under the planning, building, and public health acts.14 “Relevant responsible authorities” include but are not limited to—(a) local planning authorities;(b) public health authorities;(c) urban development corporations;(d) new town development authorities;(e) the planning inspectorate;(f) Homes England.Annual monitoring
15 The Secretary of State must prepare a progress report for each annual reporting period.16 A progress report for an annual reporting period is a report on progress made in that period about the extent to which all new homes approved and completed during that period have met the healthy homes principles under paragraph 4.17 A progress report must include specific consideration of how the approval and creation of new homes has met the needs of those with protected characteristics under section 4 of the Equality Act 2010 (the protected characteristics).18 A progress report must include consideration of how progress could be improved.19 The Secretary of State must arrange for each progress report to be—(a) laid before Parliament, and(b) published.”