Localism Bill

Lord Faulkner of Worcester Excerpts

Tuesday 19th July 2011 Lords Chamber

[Baroness Hanham]

My Lords, I will start with the points made by the noble Lord, Lord Lucas. Certainly, neighbourhood development orders will be effective within the terms of local development plans. These plans will designate areas for development. Although a neighbourhood development order will be able to point to where the community feels it would be appropriate to have development, it can do that only if it coincides with the local development plan. Therefore, it can grant planning permission only where it is doing that in accordance with what has already been agreed. There are also safeguards in place to ensure that proposals contribute to the delivery of sustainable development. We do not expect communities to plan for an unsustainable future. As my noble friend said, with mega-developments the money will not go directly to the community but will go through CIL, as we have discussed. That will be the charge on the development. The community then will get a proportion of that to help with whatever it is deemed to require.

Neighbourhood development orders have to be in general conformity with the strategic policies of the development plan and with national planning policies. We discussed that earlier. We want to make it clear in the Bill that neighbourhood development orders are very flexible. They can permit different types and classes of development. For example—I was asked a question on this—a community could decide that it wants to use neighbourhood development orders to give full or outline planning permission for a specific development scheme, for several types of development schemes across a wider area or to extend permitted development rights more generally across the neighbourhood area. However, that has to be done within the plans that it has already put forward and agreed with the council and the community through the referendum. Legally, a neighbourhood development order can grant planning permission under the terms. A development order can only grant planning permission for development specified in the order and could still permit a whole class of development, for example a change of use.

The Bill’s provisions seek to ensure that a neighbourhood development order cannot grant planning permission for a development that already has planning permission. I think that that makes sense. If a planning authority has already given permission for a development on a site, for example, that planning is already in place and it cannot consequently be changed unless the applicant makes changes to the plans, which then would need to be dealt with in the neighbourhood order.

I have already said that the community will decide whether it wants to use neighbourhood development orders to give full or outline planning permission.

The test of general conformity with strategic policies in the local development plan currently in place in the area covers what I said. I was asked whether the local development plan has to be conformed with, and we have said yes several times.

The noble Lord, Lord Berkeley, made a short contribution about developers buying off the community. There are crucial safeguards in place to ensure that proposals contribute and are kept within the confines of regulations.

I think that that more or less addresses the questions that I was asked. I will also have to move two government amendments: Amendments 148ZA and 148ZB. I wrote to noble Lords with an explanation of what the amendments do. Therefore, with the leave of the Committee, I do not propose to go into much further detail. However, I am happy to write to noble Lords on any detailed questions that they may have subsequently. I therefore beg leave to move my amendments, which I do formally.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester)]

Would the noble Baroness allow us to dispose of the existing amendment first? She can move her amendments when this one has been withdrawn.

[Baroness Hanham]

I ask noble Lords to withdraw the amendments that they have put forward on the basis of my responses.