Levelling-up and Regeneration Bill

Debate between Lord Cromwell and Lord Young of Cookham

Consideration of Commons amendments
Monday 23rd October 2023 Lords Chamber

[Lord Cromwell (CB)]

My Lords, I have one remark to make in support of Motion M1, put forward by the noble Lord, Lord Ravensdale. The noble Earl, with whom it is always so difficult to disagree, stated that the reason the Government are unhappy with the idea of climate change becoming more central is that it opens up a wide range of challenge. But climate change is going to be the central, existential issue of planning beyond our lifetimes. It is not an add-on; it is not planting a few trees in order to get planning permission. It is absolutely core, and dealing with that will make life very difficult for planning applications. I support this amendment so that climate change becomes central to the decision-making process, not an adjunct.

[Lord Young of Cookham (Con)]

My Lords, I will intervene briefly to speak to three Motions in this group—first, Motion ZH, to which the noble Lord, Lord Best, has just spoken. It is the substitute for an amendment on housing need that he promoted on Report. There is a crucial difference between the original amendment, which required local authorities not just to assess need but to make provision for it. The Government’s amendment deletes that last half—making provision for need. None the less, we have heard some encouraging words about social rent. It is a brave man who seeks to outbid the noble Lord, Lord Best, when it comes to speaking or voting on amendments on housing, so I am happy to follow his lead and not press that. I pay tribute to the work that he has been doing on this.

Secondly, it was disappointing to hear my noble friend Lord Howe say that Motion N1 on healthy homes, from the noble Lord, Lord Crisp, still had to be resisted. Ever since the Private Member’s Bill was introduced, we have had numerous debates in Committee and on Report, and each time, in response, the noble Lord has moved further and further towards the Government. There never was a wide disagreement, because the Government always said that they agreed with the thrust of what he was trying to do.

It is worth reading out what may be the only sentence of the original amendment that remains:

“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 by ensuring the creation of healthy homes and neighbourhoods”.


That is apparently too much. It continues:

“The Secretary of State may by regulations make provision for a system of standards”.


In other words, how that objective is reached is left entirely to the Secretary of State. Far from cutting across, as my noble friend Lord Howe said, the amendment seeks to bring it all together under a comprehensive framework to promote healthy homes.

The last point I want to make is on Motion R1 of the noble Baroness, Lady Pinnock. It repeats an amendment that I originally proposed in Committee that gives local authorities powers to fix their own planning fees. In the other place, the amendment was resisted on these grounds:

“It will lead to inconsistency of fees between local planning authorities and does not provide any incentive to tackle inefficiencies”.—[Official Report, Commons, 17/10/23; col 186.]


Central government should be quite careful before it preaches to local government about inefficiencies. This is the month in which we abandoned most of HS2. Pick up any NAO report and you will find criticism of the MoD on procurement. There has been criticism of the new hospitals programme and of HMRC in its response to taxpayer inquiries. If I were running a planning department in a local authority, I would be slightly miffed if I were told that, if I had the resources I needed, it might lead to inefficiencies.

There are problems in planning departments, but they are because a quarter of planners left the public sector between 2013 and 2020, so of course they cannot turn around planning applications as speedily as they might. The argument about promoting inefficiency does not really hold water. If one were to take that argument, why stop at planning fees? What about taking books out of a public library, swimming or parking? Are these not areas where local authorities might conceivably be inefficient?

Almost the first sentence of the White Paper introducing the Bill said that it would promote a “revolution in local democracy”, but allowing planning departments to set fees, so that they can recoup the costs of planning, is apparently a step too far. Yes, you will have inconsistency of fees, but that will happen if you have local democracy. We already have inconsistency of fees in every other charge a local authority makes, including building control fees. The argument that it will somehow confuse individuals or developers does not hold water. How many individuals make planning applications to a range of different local authorities and then express surprise that the fees are different? Yes, developers will be confronted with different fees, but they want an efficient planning department that processes their applications quickly.

I cannot understand why the Government are digging in their heels on this amendment, which empowers local government and gives them resources. It does not get resources at the moment because, in a unitary authority, the planning department, which does not get enough money from planning fees, has to bid for resources from the council tax in competition against adult social care and other services. It is no wonder that it misses out. At this very late stage on the Bill, I ask my noble friend whether the Government could show a little ankle on this, move a little towards empowering local government and trust it to get this right.