Betting Shops: Serious Crime
Debate between Lord Foster of Bath and Baroness Williams of Trafford(8 years, 2 months ago)
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Baroness Williams of Trafford
The most recent data that we have are from the Commercial Victimisation Survey, which includes the whole industry of casinos, bookmakers and arcades. Therefore, we have information and we take it very seriously.
Lord Foster of Bath (LD)
My Lords, the Minister will be aware of research that shows a link between crime and anti-social behaviour and those areas where there are large clusters of betting shops. She has already acknowledged that some changes in planning legislation have made it slightly harder to open a betting shop. Does she not agree that the time has now come to go even further and make betting shops a single-use category under planning legislation?
Baroness Williams of Trafford
I do not agree with the noble Lord on that point but I agree that councils, the police and licensing committees all need to take into consideration some of the harms that gambling can cause. However, some of the most dangerous gambling now takes place online, where no one can see it.
Housing and Planning Bill
Debate between Lord Foster of Bath and Baroness Williams of Trafford
Baroness Williams of Trafford
My Lords, what we are discussing at the moment are fees that go beyond cost recovery. I am talking about efficient and effective local planning—
Lord Foster of Bath
I apologise but can the Minister explain why she keeps referring to us discussing fees that go beyond full cost recovery? She has acknowledged that a local authority will clearly want development to take place, so there will be constraints on that authority not to set unrealistic fees that prevent the development going forward. But she has repeated what I said in repeating what she said during Committee: that the Local Government Act clearly states that a council cannot make a profit year on year from its services. There is a clear constraint in the existing legislation and I think that we all acknowledge that.
Baroness Williams of Trafford
My Lords, I am slightly confused now because Amendment 108 says that all local authorities may increase fees beyond cost recovery.
Housing and Planning Bill
Debate between Lord Foster of Bath and Baroness Williams of Trafford(8 years, 7 months ago)
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Baroness Williams of Trafford
My Lords, I begin by agreeing with the noble Lord, Lord Kennedy, about the intention of government in providing housing, and about people—not usually the tenants themselves, and subsequently the owners—sometimes trying to profit from housing that is intended for an entirely different purpose. I hope the noble Baroness will recall the undertaking I gave in Committee to get a working group together to look at how such fraud can be eliminated from the system. I feel very committed to that. I also take on board her point about the detail perhaps not being ready when noble Lords might want it. I hope that noble Lords will at least give me credit for trying to do that when I can, and in as much detail as I can.
I assure noble Lords that the Government already publish a significant amount of statistical data on the composition, tenure and affordability of housing through various mechanisms such as housing surveys and data collection exercises. For example, as part of the English housing survey, we publish an annual report on households. For 2013-14, this included information about tenure in the social rented sector, the private rented sector and owner-occupation. It compared each of these tenures and looked at how the relative size of each has changed. The report also examined measures of the affordability of social rented accommodation and movements into and out of the social rented sector.
Additionally, the Government publish various housing statistics, giving up-to-date data on a range of issues such as affordable housing supply, dwelling stock estimates, net supply of housing, housebuilding and housing market data. That is very useful information which provides a comprehensive and up-to-date picture of changes in housing stock, tenure and affordability.
With that reassurance about the extensive data—
Lord Foster of Bath
Yes indeed. I am grateful to the Minister for detailing all the information that is available, but can she answer the question I asked earlier in our deliberations: what is the Government’s estimate of the money they need to receive from the sale of high-value properties to cover the cost of replacement properties for the right-to-buy discount and the brownfield regeneration scheme?
Baroness Williams of Trafford
The noble Lord is obviously referring to a previous group of amendments. I am not sure whether he was in his place when I said that this data collection exercise is quite extensive— 60 million pieces of data. We always thought it would be a quite a lengthy process, but we will keep noble Lords up to date as and when we can.
Does the noble Lord, Lord Harris, want to add to that?
Housing and Planning Bill
Debate between Lord Foster of Bath and Baroness Williams of Trafford
Baroness Williams of Trafford
My Lords, I thank the noble Lord, Lord Foster, and the noble Baroness, Lady Bakewell, for the amendments and the noble Lord, Lord Beecham, for speaking to them. I need to be clear right from the outset that there is nothing in Clauses 3 and 4 that prevents the use of Section 106 with starter home developments, and local authorities will still be able to seek on-site Section 106 infrastructure contributions. Section 106 agreements are crucial for securing the supporting infrastructure. Indeed, our starter home requirement will be secured on sites using Section 106 agreements. We are working with the sector on draft model Section 106 clauses to help local authorities and applicants with the process. As such, we expect authorities to continue to have regard to the need to secure Section 106 agreements on starter home developments, as they would do on any other development.
The noble Lord, Lord Foster, asked about the new burden assessment. I can assure the House that the new burdens on local authorities arising from starter home duties, such as that of providing monitoring information, will be considered in the usual way that new burdens are.
Planning decisions for all developments, including those that contain starter homes, will still need to be made in accordance with local planning policy, subject to the starter homes requirement and other material considerations. Infrastructure considerations will clearly need to be issued.
Yes, we are going to reaffirm in national planning policy that affordable housing contributions should not be sought for starter homes and that we need to exempt starter homes from community infrastructure levy contributions. I make it absolutely clear that this will align with existing practice on affordable housing and that local authorities will continue to be able to seek site-specific infrastructure improvements, if they are necessary to make the development acceptable in planning terms. They will also continue to be able to seek additional on-site affordable housing, including housing for social rent and shared ownership, where it is viable to do so.
I have listened carefully to the debate and hope that the reassurance that local authorities will continue to be able to use Section 106 agreements to secure infrastructure on sites means there is no need to divide your Lordships’ House and that the amendment will be withdrawn.
Lord Foster of Bath
My Lords, I am grateful to the noble Lord, Lord Beecham, for his support for the amendment. I entirely agree with him about the importance of developing mixed, sustainable communities and of ensuring that there are a range of different tenures within them. I also say to him that I have never, so far in my time in the House, found the Minister complacent. I thank her for the very generous way in which she has given of her time to talk to many noble Lords and know she has listened to many of the concerns that have been expressed by Members of your Lordships’ House.
However, I am not entirely convinced by the arguments that she has made this evening. We are in difficulty because we know that, as with so many things, the Government are still consulting. We do not know what the outcome will be in relation to the percentage of starter homes that will be imposed on particular sites and we have not seen the model Section 106 agreements that the Government are currently developing. This puts us in a very difficult place but there will be further opportunities for discussion and to come back to these issues so, at this stage, I beg leave to withdraw.
Housing and Planning Bill
Debate between Lord Foster of Bath and Baroness Williams of Trafford
Baroness Williams of Trafford
My Lords, Amendments 99 and 100 would insert into the Bill requirements on local authorities and others where there are already appropriate protections in national planning policy and guidance to address these issues. National planning policy already incorporates elements of the agent-of-change principle by making it clear that existing businesses wanting to develop in continuance of their business should not have unreasonable restrictions put on them because of changes in nearby land uses since they were established.
The Government recognise concerns about the impact of new residents moving into an area with an established live music venue. As the noble Lord said, my ministerial colleagues met industry representatives in January to discuss this matter. We have responded to their concerns by including a provision in the office-to-residential permitted development right. This enables local authorities to ensure that mitigation measures address noise impacts from existing businesses on the residence. It will both help to protect residents’ amenity and to ensure the sustainability of established businesses.
The noble Lord asked about Scotland and Wales. Of course, planning is devolved there. He also asked if there is a plan to apply new prior-approval measures in relation to noise impact to new builds and not just to buildings undergoing a change of use. The permitted development rights take effect on 6 April and apply to changing the use of buildings from office to residential. The application for new build residential property will be considered under the NPPF, which incorporates elements of the agent-of-change principles. The noble Lord also asked if the regulations will only allow local authorities to take noise into account, not oblige them to do so. The regulations allow local authorities to take account of noise where it is relevant rather than obliging them, because that would be an inflexible requirement.
Lord Foster of Bath (LD)
My noble friend Lord Clement-Jones asked a further question about the retrospective nature of the very welcome government proposals. I absolutely appreciate the real difficulties with retrospective legislation, but what advice and guidance will the Minister give to those music venues which will be affected before the change comes into effect? Can she also say what changes she will make to the guidance being given to local authorities?
So that the Minister is aware how serious this is, it is worth reflecting on the situation of the Fleece in Bristol, which started the campaign to change this. Chris Sharp, who led that campaign, points out that although he is pleased with the Government’s announcement:
“The irony is that the venue that was doing the most to change the law is being left out in the cold”.
It continues to have a problem.
Baroness Williams of Trafford
I will write to the noble Lord with details of the revised guidance and in response to the other questions he asked.
Amendments 101A and 101B would allow local authorities to consider the local community’s views and local and neighbourhood plan policies on a wide range of matters under the office-to-residential permitted development right. This has provided greater certainty for developers and has successfully encouraged more development, delivering much needed new homes. As my noble friend knows, where there is a localised impact on the office market, councils have power to remove permitted development rights. The Article 4 direction process provides more robust safeguards than the council resolution proposed by the amendment.
I have heard noble Lords’ words about the impact of this. I understand that 1,600 new homes were developed in London under PDR in 2014, and 8,000 in total. I also understand that it does seem, as the noble Lord, Lord Kerslake, said, to be a problem in particular areas of the country. My noble friend and I have spoken about this, and although in Trafford, PDR is very welcome, it is clearly having an adverse impact in Richmond. I suggest that as the hour is late I meet my noble friend and the noble Lord, Lord Tope, before the relevant part of Report to discuss this further. I am not promising that we can move any further forward—and I understand what my noble friend said—but perhaps we might make some progress.
Moving to amendments 100ZAZA and 100ZAZB. I understand that Amendment 100ZAZA would insert specific requirements for local authorities to consider where permitted development rights allow for the change of use to residential. The amendment is not appropriate and would impose inflexible and unnecessary burdens. Permitted development rights strike a balance between encouraging development by providing greater certainty and allowing local consideration of specified matters. Such matters will depend on the building changing use to residential use. Where there are wider concerns, of course local authorities can make an Article 4 direction.
Amendment 100ZAZB aims to remove the local authority’s liability to pay compensation where an Article 4 direction is issued with immediate effect. It will also allow the local authority to charge a planning application fee where an Article 4 direction requires a planning application to be submitted. Where a local authority brings forward an Article 4 direction, the current compensation provisions, alongside the exemption from paying an application fee, strike a fair and appropriate balance. They recognise that a national right is being withdrawn for development that is considered acceptable while ensuring that the local authority’s liability to pay compensation can be limited.
That said, I reiterate my offer to my noble friend and the noble Lord, Lord Tope. I realise that what I have said may not have satisfied them, but I ask—
Baroness Williams of Trafford
My Lords, I hope that we can end on a happy note this evening. At present, any regulations that allow for different levels of fees in different local authority areas could be subject to the hybrid procedure. This would significantly lengthen the parliamentary time taken for consideration of the regulations. So the effect of Clause 141 would be that such regulations would no longer be treated as hybrid and would be subject only to the affirmative procedure that is usual for fee regulations. The clause would allow this type of local flexibility to be explored without every associated change to the fees regulations being treated as a hybrid instrument.
I know that some noble Lords had concerns that removing the hybrid process would mean that some interests would not be adequately protected. I should like to reassure them that, where such flexibility is proposed, we intend to ensure that there is appropriate consultation at local level, so that people are not disproportionately affected by the changes. We consider this to be a more direct and effective route for individuals to express their views, rather than petitioning against the instrument. There will still be full parliamentary scrutiny of any such regulations under the affirmative procedure.
My noble friend Lady Gardner made the point that it is wrong that big developers can pay the same fees as householders. That is not entirely accurate, in the sense that applicants pay varying fees on the scale of the development being pursued. It is not actually uniform at the moment.
Turning to Amendments 100ZB and 101, which relate to local authorities setting fees up to cost recovery, I should highlight that Section 303 of the Town and Country Planning Act 1990 already provides for the Secretary of State to allow, by regulations, local planning authorities to set their own levels of fees up to cost recovery. We are not without powers to enable local fee setting. Planning application fees make an important contribution to meeting the costs of the development management service, but they are only one side of the resourcing equation. Local government obviously has been driving down its costs too, and giving local authorities freedom to set their own fees brings unintended risks. Removing the sector’s incentive to tackle inefficiencies where they exist—particularly as local authorities are monopoly providers of planning services in their areas—and raising fees in a way that could dissuade home owners or small and medium-sized developers from undertaking developments, would introduce unpredictability for developers just when we need them to be stepping up the number of homes that they are providing. Crucially, providing no link to improved performance would give no guarantee that the additional income would go into planning departments or lead to more timely decisions.
Debate on this part of the Bill has highlighted that planning is a very important public service, with local authorities balancing the private interests of the applicant with those of the wider community. I totally understand the concern of my noble friend Lord True about the taxpayer subsidising developers but, in the context that I have just outlined, it may not be unreasonable for local taxpayers to make a contribution to the cost of this public service. Local authorities can do a lot more to transform their planning departments. Those that have introduced new ways of delivering planning services, for example through outsourcing and shared service arrangements, have shown that performance can be improved and costs reduced. More should be following their lead.
Finally, we are consulting on proposals to increase fees in line with inflation and propose to do this annually. However, changes in fees should go hand in hand with the provision of an effective service, which is why we propose to link future increases in fees to performance. Noble Lords will also be pleased to learn that we propose to enable some greater flexibility in fee-setting where local areas come forward with ambitious plans for reform, such as providing applicants with a choice of a fast-track service in return for a proportionate fee.
Lord Foster of Bath
I appreciate that the hour is late but will the Minister confirm what she has just said? She has at least implied that a local authority is likely to get the fee level increase—basically, inflation since 2012. Then she implied that there could be additional money coming forward, whereas as I read the technical consultation document, it says it the other way round: everybody will get the percentage increase but those who are deemed to be doing badly will have money taken away. So it is not a case of everybody getting up to that level and then a bit is added; rather of everybody getting basically the increase since 2012 but some is potentially taken away.
Baroness Williams of Trafford
I hope that the noble Lord and I are saying the same thing. We are saying that we are enabling greater flexibility in fee setting.
Lord Foster of Bath
For clarity, is it the Minister’s understanding from the technical consultation document that under the current government thinking no local authority planning department is likely to see an increase above inflation since 2012?
Baroness Williams of Trafford
Yes, it is, my Lords. I am sure we will argue this long and hard on Report.
Amendment 100ZAC, tabled by my noble friend Lady Gardner, seeks to enable local authorities to charge fees that exceed cost recovery in respect of their planning functions. The Government’s guidance on handling public funds entitled Managing Public Money states that charges and fees, like those for planning applications, should be set at cost recovery so that the Government do not profit at the expense of consumers.
Local authorities also have the power under the Local Government Act 2003 to charge for discretionary services up to the level of cost recovery. I know many local authorities have chosen to use this power to charge for pre-application advice. While limited to cost recovery, authorities must ensure that they do not make a profit from the provision of pre-application advice over the course of a year. However, I reassure my noble friend that the income generated from planning fees remains with the council. It is for local authorities to determine how these fees are used.
With one slight exception, I hope that noble Lords are satisfied with my comments and that the noble Baroness will feel happy to withdraw her amendment.
Housing and Planning Bill
Debate between Lord Foster of Bath and Baroness Williams of Trafford
Baroness Williams of Trafford
No, I am afraid not.
Amendments 69D and 76A, tabled by the noble Lord, Lord Shipley, and the noble Baroness, Lady Bakewell, would have the same effect as the previous amendment: they would make the policy voluntary for local authorities. I have explained why that is not our preference.
The noble Baroness, Lady Hollis, asked how pay to stay would work with taxable years. We have not yet decided how it will work. We have not decided whether it will be calculated by looking at taxable income and we are also considering whether it should be based on previous income or current income.
Housing and Planning Bill
Debate between Lord Foster of Bath and Baroness Williams of Trafford
Baroness Williams of Trafford
My Lords, I am not sure about the Leader making a Statement. I am certainly making a statement as to my intent. I know that noble Lords are not happy, but I will bring forward what I can when I can. As I say, I will elect to have details ready on this by Report.
Lord Foster of Bath (LD)
I apologise, and I know that the Minister is as frustrated as the rest of us, but I just remind her that at Second Reading I specifically asked whether she could provide us with a tentative timetable for when various bits of secondary legislation would be made available to Members of your Lordships’ House. The Minister gave me an assurance at that time that she would do her best to try and provide that. The department must have a timescale. They have a team of people working on these different issues and the members of those different groups must have some indication of where they are and when things are likely to be available. Could she at least try to do what she said she would do at Second Reading, and make that available to Members of your Lordships’ House?
Baroness Williams of Trafford
I did say that—the noble Lord is absolutely right—and I will. One of the important things to be aware of at this stage, as I said at the beginning of today’s debates, is that much of what is being debated in your Lordships’ House will inform a lot of the thinking on how the regulations are shaped. In that sense, noble Lords are helping to inform government thinking on this.
Baroness Williams of Trafford
I will be responding formally to the DPRRC’s report, and specifically to that point, very soon indeed. I think that I said that to the noble Lord either earlier today or at our previous sitting.
Lord Foster of Bath
Earlier today, the Minister assured me that I might be a little bit cheered by what she was going to say later. I confess that I am a little bit cheered, but I want her to say yes, they will be affirmative.
Baroness Williams of Trafford
The days blur into one a bit, my Lords, when we think about the days we have spent debating.
I wanted to respond to the question of the noble Lord, Lord Beecham, about the appeal mechanism. The process for setting the payments is set out clearly in the Bill. The determination under Clause 67 will set out the formula and the payments, and the Government are required to consult before making a determination. Once the draft determination has been prepared, local authorities will be given the opportunity to check the figures and raise any queries with the Government. I know that that is not essentially an appeal process, but there is a toing and froing of views before the actual determination is made.
I turn to Amendment 63. I should make it clear that the policy has two aims: first, to fund the extension of the right to buy to housing association tenants; and, secondly, to build much-needed new homes. I reassure the noble Lords, Lord Kennedy of Southwark and Lord Beecham, that we have no intention of using the funding for any other purpose.
The second aim, the funding of new homes, is the reason why I do not want to restrict the payment that local authorities make to the Government simply to the same amount as the right-to-buy discounts for housing association tenants, as Amendment 63 would do. There may be times when local authorities do not want or are unable to deliver new homes, and I do not want to compel them to build more homes if they do not have the plans or processes in place to do so. As my noble friend Lord Lansley said, I want the flexibility in those circumstances for the Government to use that portion of the receipts to deliver new homes through other channels. Therefore, it will need to be paid to the Government. Flexibility will be essential to ensuring that the new homes needed are built.
Housing and Planning Bill
Debate between Lord Foster of Bath and Baroness Williams of Trafford
Baroness Williams of Trafford
One thing I will commit to is to meet with noble Lords before the draft regulations come in, on as many occasions as will be necessary to go through the various regulations that may be coming forward.
Lord Foster of Bath
I am grateful for the Minister’s offer to have such meetings, but of course they will probably take place long after the Bill has been enacted. She will be aware that the Delegated Powers and Regulatory Reform Committee has been highly critical of this aspect of the Bill. It has also been critical of the Government’s proposal that the negative procedure be used, rather than the affirmative procedure. I remind the Minister that the Committee said that the memorandum the department sent to the committee,
“justifies the negative procedure on the basis that ‘the range of values within which it will be possible to set the definition of “high value” will be limited by normal public law principles’”.
I confess I do not understand that, but the Committee goes on:
“We do not regard this as being even remotely persuasive”.
The Minister could at least commit the Government today to bringing forward an amendment to use the affirmative procedure as and when this ever gets before the House.
Baroness Williams of Trafford
To answer the noble Lord’s point, I am well aware of what the DPRRC has said about this, and I think he will be at least partially pleased when we respond. Perhaps I could make some progress, as I am aware that I am only part-way through what I wanted to say to a number of your Lordships. If any noble Lords want to come back again after I have spoken, they are very welcome to do so.
The noble Baroness, Lady Bakewell, talked about the selling off of bungalows in particular, as reported by the Joseph Rowntree Foundation. Councils will be required to make the payment to government in respect of their high-value vacant housing. Noble Lords, including those on the Lib Dem Benches, have made their views clear on this, but under the formula approach, councils will have discretion about whether individual properties are sold as they become vacant, and we will consider the views expressed by noble Lords on all of these elements as we develop the detail.
The noble Lord, Lord Best, asked when we will know what the formula is and how much local authorities will be required to pay. We will be consulting local authorities about the formula before issuing a determination, as I have said. We have been clear that decisions informing the determination under secondary legislation must be based on up-to-date information from councils. I have made the point about the huge amount of data and the real need to get that right.
I will spend a minute talking about the consultation process itself, because I know it is causing concern among noble Lords, and that points have been made about local authorities being engaged with this. Over the past few months, there has been a series of technical briefings, which I know many noble Lords have attended—for those who have not, I recommend them—about the various provisions in the Bill. We have also engaged closely with both local authorities and other stakeholders in helping to develop the high-value vacant housing policy and understand the potential impacts at local level. All stock-owning local authorities have been invited to at least one of the following events: a ministerial meeting with local authority leaders and/or members; a local authority chief executive discussion; or a round-table discussion between local authority and DCLG officials. In total, 180 contacts from 123 local authorities have engaged with the HVA process through one of these events. Going forward, we expect to continue to engage with local authorities and a wide range of stakeholders on the policy, because it is so important to get it right before making the final determination.
The noble Lord, Lord Kennedy, the noble Baroness, Lady Bakewell, and others talked about forcing local authorities to sell off properties. We have been clear that the country needs to live within its means and that we need to find the most efficient way of using public resources to deliver our manifesto commitments. As I have said, local authority statements of accounts show that there is over £200 billion-worth of value tied up in the 1.6 million local authority homes. We want to ensure that the value is used as efficiently as possible, and we know that more expensive vacant homes can be sold to provide additional housing as well as funding the discount for right-to-buy sales. This is an efficient use of assets at a time when we need more homes across all tenures. It is about increasing the overall housing stock, not reducing it. In London, where there is the greatest housing need, the legislation provides that local authorities which enter into an agreement will need to provide at least two new affordable homes for each home that is expected to be sold. I recall giving some of the detail of that the other day.
The noble Lord, Lord Kerslake, asked why the Government are not pursuing alternative ways of funding, for example equity loans. As the noble Lord, Lord Horam, said today and as I said last Thursday, the discounts will be on the same basis as the existing right-to-buy scheme. Equity loans would not provide that same offer to those tenants. The noble Lord also questioned why I could compare this to the Government’s sale of surplus public assets. I fully agree that there is a real need for additional housing in this country, but there is no need for any council whatever to hang on to expensive homes when it could build, at a fraction of the cost, new homes which meet its housing needs just as well, if not better. It is in this spirit that the Department for Transport has brought forward land for sale around King’s Cross that is valued in the department’s account at £345 million, and the Ministry of Defence announced plans in January to release 11 sites in England that could generate £500 million and provide land for around 15,000 new homes. We need to make sure that we make the most efficient use of our assets—that is the point I want to stress.
Housing and Planning Bill
Debate between Lord Foster of Bath and Baroness Williams of Trafford
Baroness Williams of Trafford
My Lords, affordable rent for low-cost houses is certainly a lot cheaper than market rents, but I will take that particular point away and perhaps we can return to it on Report. I will need to think about it.
Lord Foster of Bath
I am very grateful that the Minister has agreed to look at that issue. She will be aware that the current default tenure for new rental properties is the affordable rent model, under which the rent is about 80% of the market rent, whereas social rent is about 50% to 60% of the market rent. The concern of many of us is that if we do not have some control over this, all social rent properties will just disappear.
Lord Foster of Bath
I apologise as I recognise the lateness of the hour. Will the Minister acknowledge that many Members of your Lordships’ House and many members of the public have already had a pretty good sight of the proposal of the noble Lord, Lord Kerslake? What we have heard from the Minister so far is that the Government are rejecting it merely on the grounds that they want the scheme for housing association tenants to be identical to the scheme for council housing tenants. Will the Minister tell us—perhaps she could write to us between now and Thursday—what assessment the Government have made of the noble Lord’s scheme and what assessment they have made of the likely drop in take-up were the noble Lord’s proposed funding scheme introduced rather than the one proposed by the Government, so hated by Members of your Lordships’ House?
Baroness Williams of Trafford
I understand that point. As far as I am aware, the Government have not made an assessment of the proposal of the noble Lord, Lord Kerslake, simply because they made a manifesto commitment on the mechanism that I have just outlined.
Baroness Williams of Trafford
My Lords, I will be equally brief. Amendment 59A, in the name of the noble Lords, Lord Kennedy and Lord Beecham, would require the Regulator of Social Housing to monitor and report where a community-led housing provider or TMO had used grants made by the Secretary of State in respect of a right-to-buy discount.
Let me be clear again that TMOs are not part of the right-to-buy arrangements. Under the voluntary right to buy, the landlord/tenant relationship is with the property-owning landlord as a registered provider, and the tenant would exercise their right to buy against that landlord. The amendment does not make sense in that landscape. If the concern is about different tenures—social tenants and owner-occupiers—being part of a TMO, there is no reason to believe that tenants and owners could not come together in this way.
I appreciate that the noble Lords, Lord Beecham and Lord Kennedy, want to protect TMOs and other community-led organisations that are not landlords so that they continue to help tenants to play an active role. The voluntary right-to-buy agreement contains protections that allow housing associations discretion not to sell properties that are important to their communities and clients.
The purpose of Amendment 82B is to create a definition of community-led housing, but there is no need to, as it is a colloquial umbrella term to cover a range of different and distinct structures and organisations, such as fully mutual co-operatives, community land trusts and tenant management organisations. The Government very much support community-led housing, and these bodies have distinct and specific legal definitions. Fully mutual housing associations are defined in Section 5 of the Housing Act 1985. Community land trusts are defined in statute in Section 79 of the Housing and Regeneration Act. TMOs are defined through the Housing (Right to Manage) (England) Regulations 2012, Part 1 Section 3.
Additionally, the organisations are different in nature. Fully mutual housing co-ops will generally own their homes, community land trusts may or may not, and TMOs will generally act as a managing agent for housing owned by a local authority. Imposing an additional overarching definition would be unnecessary. I ask the noble Lord to withdraw his amendment.
Lord Foster of Bath
I apologise but have an incredibly quick point to make. There is also a clause stand part debate in this group on Clause 64. I have read Clause 64 and the Explanatory Notes on it many times. It seems, basically, that the Secretary of State will draw up a set of criteria and tell the regulator to check what the housing association is doing against those criteria. The criteria will probably be those contained in the deal between the National Housing Federation and the Government, but they may be different and could be changed. Could the Minister provide a more detailed briefing in the fairly near future on what all of this means?
Housing and Planning Bill
Debate between Lord Foster of Bath and Baroness Williams of Trafford
Lord Foster of Bath
My Lords, I repeat my congratulations to the noble Baroness on being the first in your Lordships’ House to lay an amendment on this very important issue. I echo all the words of my noble friend Lord Shipley, although he left one issue rather hanging in the air: the current state of play with the drafting not only of regulations in respect of Clause 13, which we are discussing, but of all others. Perhaps in her reply the Minister will be kind enough to inform the House what her understanding is of the state of play with the drafting of legislation which affects the Bill.
Baroness Williams of Trafford
My Lords, I understand loud and clear the premise of the amendment of my noble friend Lady Gardner of Parkes, which proposes that the scheme for making the banning orders would not come into force until a year after the draft regulations setting out the nature and characteristics of banning order offences have been published. I understand the point about the laying of regulations and responding fully to the comments of the DPRR committee, which noble Lords have made loud and clear. However, I make it clear that people who have been convicted of offences that are in the nature of a banning order offence before the legislation comes into force cannot be subject to banning orders. That is quite important in the context of the discussion we are having. The legislation will therefore not apply retrospectively.
As I have said before, we have not included the specific offences in the Bill because we want the flexibility to add further. However, I can confirm that we will consult fully with interested partners on the matters that will constitute banning order offences before the regulations are laid in this House. I have set out the timetable for the consultation and for responding to the DPRRC. I hope to do that during Committee stage, but in any event we will definitely do it by Report.
I cannot remember which noble Lord—it may have been the noble Lord, Lord Foster—asked if we could have sight of what regulations there might be, when we might expect them and why we might not have them in a timely manner. I am more than keen to get what information I can to noble Lords to prevent some of the obvious concern that arises out of the Bill coming forward time and again, which it will—I cannot blame the House for doing that. The noble Lord, Lord Kerslake, is not in his place, but I point out that we are attempting to do that as fully as we can throughout the course of the Bill.
I hope that reassures my noble friend and other noble Lords that we do not intend to implement the banning order provisions in the Bill without fully considering the views of the interested parties on the nature and characteristics of such offences. We began that process last summer when we published our discussion paper on tackling rogue landlords, which noble Lords may or may not have seen, and we will develop them in further detail through further consultation later in the year. I therefore ask my noble friend to withdraw her amendment.
Baroness Williams of Trafford
Yes, it would. May I clarify that in writing?
Lord Foster of Bath
I wonder if the Minister can help me because I am now slightly confused. If the local authority is expected to use funds upfront to make repairs and bring a property up to suitable standards, and the only way it can recoup them is through a charge—whether a first or a second charge—is it not the case that that money can be realised to the council only when the property is sold, which may be a considerable time after the local authority has incurred the costs?
Baroness Williams of Trafford
That might be the case. The point is that the local authority could recoup the costs. I think the premise of all the questions is the local authority not being out of pocket because of its obligations to the tenants. The noble Lord, Lord Greaves, is shaking his head so I will let him intervene.