Localism Bill

Lord Greaves Excerpts

Wednesday 12th October 2011 Lords Chamber

Moved by

[Lord Greaves]

203K: Before Clause 97, insert the following new Clause—
“Duty to promote sustainable development
(1) Each person who is carrying out functions under any Acts relating to planning and who is—
(a) a local planning authority,(b) a county council in England that is not a local planning authority,(c) the Secretary of State when carrying out functions relating to applications for development consent,(d) a qualifying body for the purposes of Schedule 9 (neighbourhood planning),(e) a body, or other person, that is prescribed or of a prescribed description,must carry out their functions with the objective of promoting sustainable development.(2) For the purposes of subsection (1) “sustainable development” means development that meets the social, economic and environmental needs of the present without compromising the ability of future generations to meet their own needs, based on the following guiding principles—
(a) living within environmental limits, namely respecting the limits of the planet’s environment, resources and biodiversity, to improve our environment and ensure that the natural resources needed for life are unimpaired and remain so for future generations,(b) ensuring a strong, healthy and just society, namely meeting the diverse needs of all people in existing and future communities, promoting personal wellbeing, social cohesion and inclusion, and creating equal opportunity for all,(c) achieving a sustainable economy, namely building a strong, stable and sustainable economy which provides prosperity and opportunities to all, and in which environmental and social costs fall on those who impose them and efficient resource use is incentivised,(d) promoting good governance, namely actively promoting effective, participative systems of governance in all levels of society and engaging people’s creativity, energy and diversity,(e) using sound science responsibly, namely ensuring policy is developed on the basis of strong scientific evidence, whilst taking into account scientific uncertainty (through the precautionary principle) as well as public attitudes and values.(3) Section 10 of the Planning Act 2004 is amended as follows.
(4) After subsection (3) insert—
“(4) In this section “sustainable development” has the same meaning as in section (Duty to promote sustainable development) in the Localism Act 2011.””

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[Lord Greaves]

My Lords, we return to the Localism Bill and have reached Part 5, which is about the substantial changes the Bill makes to the planning system. Amendment 203K, which is grouped with one other amendment, is about sustainable development. This is the third time during proceedings on the Bill that I have had the privilege of opening a debate on sustainable development. We had a comprehensive debate at the beginning of our consideration of the Bill, and a further, pretty comprehensive debate at the beginning of the planning section. Both debates took place in Committee. We are now on Report and come to sustainable development again. I am grateful to the noble Lord, Lord McKenzie of Luton, for adding his name to the three Liberal Democrat names on the amendment.

The amendment seeks to place in the Bill a definition of sustainable development. This debate reappears every time a planning Bill comes before the House, or a Bill related to planning or similar things. So far, although Governments have increasingly included the words “sustainable development” in legislation, they have always resisted including a clear definition of it in legislation. This amendment also sets out a duty of each person who carries out functions within the planning system, from the Secretary of State down to local planning authorities, to promote sustainable development. It also applies to the neighbourhood forums or parish councils which will be carrying out neighbourhood planning functions under the new provisions within this part of the Bill.

There are therefore two issues. The first is whether a definition should appear in the Bill. It has always been the view of the Liberal Democrat Benches in this House that it should, and we have not really changed in that view. The second is what that definition should be.

Sustainable development is a phrase which has been in current use for about 20 years. However, it has really come to the fore in the past 10 years. In 2005, the then Government issued a report called Securing the Future—Delivering UK Sustainable Development Strategy—I am not quite sure why the title does not have an “a” or a “the” in it. Page 16 lists a set of guiding principles, and it is those guiding principles which this amendment sets out, exactly as they appeared in the 2005 strategy. These are: living within environmental limits, ensuring a strong, healthy and just society, achieving a sustainable economy, promoting good governance, and using sound science responsibly—all with the detail set out. Although this strategy was issued by Defra, it was to apply across government, throughout all departments and all government activities. One assumes that that definition applied to the planning system, since the planning system is part of what the Government do, although parts of the strategy might be more relevant to planning, just as other parts might be more relevant to other aspects of government activity.

In 2010, we had the exciting development of the formation of the new coalition Government, who clearly had to review their policies and strategies, and in particular those which had been passed on to it by the previous Labour Government. In February of this year, the Government issued Mainstreaming Sustainable Development—the Government’s vision and what this means in practice. That vision was very much based on the 2005 strategy, and according to the Defra website, which still existed when I looked last week, the Government are reaffirming their vision for sustainable development.

The website said in February this year:

“The Coalition Government has reaffirmed its commitment to sustainable development and set out its vision of achieving economic growth, improved wellbeing and a protected environment now and for future generations”.

The word “wellbeing” has come into prominence recently since it appears in the health Bill as well, but I take it that in this context it encompasses the social side of the three prongs of sustainable development: economic, social and environmental.

The Deputy Prime Minister, Nick Clegg, welcomed the new vision by saying:

“The Government is determined that as we reduce the deficit, we also rebalance the economy and put it on a greener, more sustainable footing. In order to achieve this, we must lead by example. I am pleased to see this document”—

He means the document entitled, Mainstreaming Sustainable Development—the Government’s vision and what this means in practice published on 28 February last—

“sets out exactly how we can do that and take our place among the greenest governments of the world”.

I am going to read out much of the introduction to the document because it is crucial:

“The Coalition Government is committed to sustainable development. This means making the necessary decisions now to realise our vision of stimulating economic growth and tackling the deficit, maximising wellbeing and protecting our environment, without negatively impacting on the ability of future generations to do the same. These are difficult times and tough decisions need to be made”.

That is what they say all the time, but it is true, of course. It continues:

“This Government believes in going beyond the short term with eyes fixed firmly on a long term horizon shift”—

this is the crucial bit, and I think I know what it means—

“in relation to our economy, our society and the environment … This refreshed vision and our commitments build on the principles that underpinned the UK’s 2005 SD strategy, by recognising the needs of the economy, society and the natural environment, alongside the use of good governance and sound science”.

These are the guiding principles that appear in my amendment. The introduction goes on to say:

“Sustainable development recognises that the three ‘pillars’ of the economy, society and the environment are interconnected. The Government has initiated a series of growth reviews to put the UK on a path to strong, sustainable and balanced growth. Our long term economic growth relies on protecting and enhancing the environmental resources that underpin it, and paying due regard to social needs. As part of our commitment to enhance wellbeing, we will start measuring our progress as a country, not just by how our economy is growing”—

although clearly that is very important—

“but by how our lives are improving; not just by our standard of living, but by our quality of life”.

I could not have put it anything like as well as that.

In launching the document, the then environment Minister, the noble Lord, Lord Henley, said:

“While the Government is committed to tackling the deficit and rebuilding Britain’s economy as we recover from recession, not least through the development of a sustainable green economy, we recognise that our success and progress as a country is about more than economic growth”.

The Prime Minister, when announcing the measurement of the nation’s well-being in April, said:

“Prosperity alone cannot deliver a better life … The Government must be focused on quality of life as well as economic growth … Improved wellbeing is important to our goal of creating a more family-friendly country … Sustainable development is also about ensuring a high quality of life for our children and future generations”.

We appear to have a pretty firm commitment from the noble Lord, Lord Henley, Nick Clegg, David Cameron and from the Government themselves.

The purpose of the amendment is to suggest to the Minister that now is the time to put all this on the face of the Bill so that we are absolutely clear about what it is. If she cannot agree to do that on the wording in my amendment today, perhaps we might consider this again at Third Reading with wording suggested by the Government themselves. In any case, it asks her to give a firm assurance—in view of the controversy around the country, not least over the national planning policy framework—that the firm commitments made back in February this year by the high-ups in the Government to sustainable development are still the view of the Government. I beg to move.

[Lord Jenkin of Roding]

My Lords, I agree with almost everything that my noble friend has said about the desirability of promoting the concept of sustainable development. I rise to speak only for one reason—namely, the news of the death of Sir Arthur Norman, who was a very distinguished president of the FBI, as it was before the CBI. He and the noble Lord, Lord Barber of Tewkesbury, came to see me when I was Environment Secretary. They were very concerned about what appeared to be a growing conflict between those who championed the environment and those who were concerned with the well-being of industry. Their view was that, in fact, they are mutually dependent on each other—you cannot improve the environment unless there are the resources there to do it; and business cannot hope to succeed if it flouts all the canons of good environmental behaviour. They came and asked me to help them set up an organisation that could reflect this—and, if I may say so to my noble friend Lord Greaves, this was well in advance of the Brundtland definition, which he has just quoted. I had no hesitation in offering them a launching grant to set up what became the United Kingdom Centre for Economic and Environmental Development—UK CEED. It is going strong today.

I believe that this has now become—as my noble friend has rightly said—absolutely embedded in the policies of, I suspect, every party in this country and, indeed, across the world. My only concern with my noble friend’s amendment is whether it is actually going to achieve anything. “Sustainable development” is one of these expressions that tends to mean, rather like “humpty-dumpty”, what I want it to mean when I use it. I am not sure how far it helps to seek to have a definition, because circumstances and conditions change and one is going to find oneself having to amend it as new developments, inventions and technology come forward. I support the concept of trying to build in sustainable development, as has been done in this Bill and certainly in the framework planning policy document. I just question whether putting an amendment of the sort that my noble friend has proposed in the Bill carries this forward. I say this with some background awareness of the huge importance of trying to get everybody—every major part of the economy and the community—committed to this principle of sustainable development.

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As everybody knows, the consultation on the national planning policy framework has not yet closed and I cannot therefore prejudice what will be in it. I believe that 10,000 responses to it have been received so far, which will have to be gone through. We are also going to have two further debates on the national planning policy framework. I was surprised to discover that one will be held tomorrow, particularly as we may well have finished this part of the Bill by then. However, I am looking forward to it. There are 16 speakers. The Government anticipated the House’s desire to talk about the national planning policy framework and have tabled their own debate for 27 October. Therefore, if anybody says by the end of these debates that they do not know anything about the national planning policy framework, I simply will not believe them. As I say, I will take the measure away and come back. What we have to try to balance here is the desirability of having a definition with the consequences of the legal aspects, which can be a potential minefield. I ask the noble Lord, Lord Greaves, not to press the amendment.

[Lord Greaves]

My Lords, I am grateful for that extremely helpful reply from my noble friend the Minister. I am particularly grateful to her for reiterating that the Government believe that sustainable development is built on three pillars—economic, social and environmental —and that balance is required to resolve this matter. That is crucial. I included the statement of existing government policy in the amendment but I certainly accept that it may not be appropriate to include this detail in primary legislation. Nevertheless, I commend the principle of the three pillars and balance to the Government. I hope that they will build that into whatever solution they come up with. As the Minister and other noble Lords have said, the problem we have when moving amendments and deciding what form this Bill should be in when it leaves this House is that it is running in parallel with the national planning policy framework. The question of sustainable development is one of the key areas—probably the key area—which links the planning aspects of the Bill with the NPPF. We are shortly going on to discuss a further amendment which would do it more overtly, but regardless of whether that is to be done, the link exists and is fundamental and a lot of the concern about sustainable development has arisen, as many noble Lords have said, from the wording in parts of the NPPF.

I am extremely grateful for the astonishing amount of experience, knowledge and common sense which noble Lords have contributed to this debate. The noble Lord, Lord Jenkin of Roding, said that the problem with sustainable development is that, “It means what I want it to mean”. That is indeed the problem, but, despite that, the words “sustainable development” now litter legislation, particularly planning legislation. They also litter the Bill: the Minister’s little amendment tagged on to this group adds a requirement of neighbourhood development orders to promote sustainable development. It is normal practice in all legislation that when a Government use a term such as this it is defined in that legislation. It is normal practice precisely because the people taking action under the legislation know what it means and the courts can look at it, define it and interpret it. All Governments since, we now discover, my noble friend Lord Deben invented the term “sustainable development” for John Major—

[Lord Deben]

What I said was that that was the first time it was mentioned by a Prime Minister. It was well around in those days. I would certainly not claim anything other than being a mere conduit.

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[Lord Greaves]

Well, ever since my noble friend conducted it, if that is the verb that comes from conduit, I am not sure—I have forgotten the point that I was making in relation to that, so there we go.

That is right, it is a policy statement. It can be put as a policy statement and it is existing government policy—it is still there on the website and it is confirmed. However, it was effectively confirmed by the statements in February of this year. But there is, of course, a difference—a huge difference—between government policy, on the one hand, and the words that appear in legislation on the other, and certainly a great difference as far as the courts are concerned. I understand all that. Nevertheless, the Government are on something of a hook over this matter because of the controversy about the national planning policy framework. If we can help the Government to get themselves off the hook, we will be performing a service not only to the Government but to the country.

I was grateful for the contribution by the right reverend Prelate the Bishop of Wakefield. I am not sure that I understood all the theological allusions. I spent my teenage years living on the Yorkshire coalfield near Wakefield and I admire his skill in combining a speech about deep theological matters with what in those days we called the new pit villages but are now the former pit villages. I am not sure that I understood all the theological stuff, but I agree with his basic points.

The Minister has offered to take this matter to Third Reading—we have another fortnight. I am extremely grateful for all the debate and discussion that has been taking place with her Bill team and with her and other Ministers on this matter. They are, in her words, “getting nearer”. I am aware that they are not yet there—they are having terrible trouble with their lawyers, who keep finding reasons why they cannot do things—but those discussions are going on. I will bring it back on Third Reading on the grounds that that will, at the very least, give the Government the opportunity to say how much further they have got by then, if the Minister does not bring something back to Third Reading herself. On that basis, I hope the House will give me leave to withdraw the amendment.

Amendment 203K withdrawn.

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[Lord McKenzie of Luton]

My Lords, I thank the Minister for that reply. Parts of it, I am bound to say, I thought were a little strange. In terms of the comparison with the national policy statements, she suggested that the NPPF had a lesser impact because local plans only had to have regard to it. Given where the Government are on the presumption in favour of sustainable development and where they are so far on transitional provisions, is it not the fact, or the likelihood, that unless something else changes before we conclude with this legislation, the NPPF will be the key document for determining a whole range of development applications? This is because local plans may not be up to date or complete for all the reasons that we are going to discuss shortly. To make that distinction therefore seemed to me somewhat strange.

The noble Baroness also said that there was no statutory requirement to have a sustainability appraisal of the NPPF. But is there a statutory requirement—again we are pre-empting an amendment we will come to—to have a sustainability assessment associated with the revocation of regional spatial strategies? If the Government are doing an assessment for that on a voluntary basis, as I understand them to be, then that does not seem to be a very coherent argument for not having an appraisal of the NPPF.

We are partly looking back, and partly shutting the stable door after the horse has bolted on the first NPPF, but this is looking forward as well. It deals not only with the existing NPPF, but requires there to be some parliamentary process attached to it. Of course I accept that we have two debates, by one route or another, coming up in your Lordships’ House. I am not sure what the arrangements are at the other end; the Select Committee always has the opportunity to review a policy and hold the Government to account. However, that is not the same as having a formal process by which Parliament can have its say and express its opinion on this hugely important document before it is finalised. If the NPPF were so insignificant and something that people only had to have regard to, then why on earth has there been this great furore both inside and outside Parliament? It is partly because of trying to understand the Government’s intent, and I can see that that can be resolved in due course. I also accept that the Government are as a matter of fact involved in a lot of consultation and discussion, and that is to be welcomed. But what is so wrong in having that as an obligation written on the—

[Lord Greaves]

My Lords, I cannot avoid teasing the noble Lord, and I hope he will answer this question. The national planning policy framework will replace planning policy statements and such of the old planning policy guidance documents as still exist. Why was it not necessary to have a requirement for planning policy statements on the face of primary legislation if it is now necessary to have it for the NPPF?

[Lord McKenzie of Luton]

My Lords, an argument could be mounted to that effect. I prayed in aid my absence from those debates before, so I shall excuse myself. The question is a fair one, but that does not necessarily mean that the balance should come down in favour of not having this process for the NPPF. It is such a hugely important document. One has just to look at the impact assessment of some of the changes being proposed covering town centre and parking policies. These things are very important and really go to the heart of our national life in so many respects. It is about communities, how we conduct our lives and how we plan for the future. To take that formally outwith Parliament does not seem to be right. In the circumstances, I am inclined to test the view of the House on this matter.

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[Lord Newton of Braintree]

My Lords, I congratulate my noble friend on showing signs of becoming the second free radical on the Government Benches in these matters. He is a better informed free radical than I am but I welcome his addition to the ranks. Secondly, I confirm, having connections with both counties, that Essex and Suffolk do not always do things in the same way. I will not judge which is best because I would be dead in one county or the other if I did, but they are certainly different.

Thirdly, I will show that I am an uninformed free radical on this occasion by saying that what is mystifying me, especially in the wake of the non-pressing of the amendment that appeared to be trying to define sustainability a few minutes ago is whether there is a definition of sustainability in the Bill. I cannot find it. If it is in the Bill, where is it? If it is not, what is it?

[Lord Greaves]

My Lords, my noble friend has missed a little of the discussion this afternoon. I have to confess that I always thought that Essex was in East Anglia and I claim to be a geographer. I stand corrected and I will never make that mistake again. All I know is that all those places in that easterly bulge in the country are deplorably flat.

The serious point that I want to make on these amendments is simply to lend my support to the point made by the noble Baroness, Lady Young of Old Scone, and the noble Lord, Lord Deben. It would be good for the Government to use “development” and “sustainable development” in a rather more rigorous manner and not confuse them with each other quite so much.

[Lord McKenzie of Luton]

My Lords, my noble friend Lady Young’s amendments are entirely reasonable and I see the thrust of them, but I thought that they were about removing the term “sustainable” from provisions in the Bill and not adding it.

On the duty to co-operate, the noble Lord, Lord Deben, makes an interesting point about knowing how to be local. However, to be local on a sustainable basis in some respects needs co-operation and engagement not only with near neighbours but on a broader front. Some of us have ongoing concerns about the demise of regional spatial strategies. They were not necessarily the answer to everything and were perhaps not perfect, but with those gone the only thing that exists between the regional strategies that were there hitherto and local authorities is this duty to co-operate.

It seems to me that there should be requirements on local authorities to co-operate. Part of the problem is knowing how extensive that co-operation would and should be—for example, on transport or waste issues. Unless there is recognition that this must be an integral part of the way forward, then I think this really is going to be a recipe for isolationism, that we are going to draw up the barriers around our little location, irrespective of what happens around us. As regards definitions of the eastern region, I can say as somebody who lives in Luton—long since known as the urban bottom of the county—that Luton and the rest of Bedfordshire do not always do things the same way. I must apologise—I have been referring to the noble Lord, Lord Gummer, and it should be Lord Deben. I do apologise. Thank you for that correction.

I hope that I have made my point. It seems to me that my noble friend is addressing the strength and importance of the duty to co-operate, and in that we support her.

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[Lord Newton of Braintree]

My Lords, being from Essex, albeit from Braintree and not Basildon, I am a bit hesitant, as my noble friend will probably understand, to follow him down the path of the issue that he has raised. I have to say that it was a brave speech and I have considerable sympathy with the approach that appeared to underlie it.

I want to come in on a different aspect of this, which is emboldened by the speech of the noble Lord from the Cross Benches. My concern in this field is that the more you go for localism and devolve decisions downwards, the more you will risk people saying, “We don’t want this in our back yard. Put it in somebody else’s”. As regards affordable housing, we need to recognise that even in the smallest units, which are not always recognised by villagers in some quite small villages—I live in a fairly large village in Essex—or the most articulate and active people, there is a need to provide houses for the families and young people who are perhaps not so comfortably off but who are essential to the overall life and social structure of the village or the neighbourhood, as it is defined in this Bill.

We need to recognise that with the disappearance of pressures from above—that is, the spatial strategy—on local authorities to build this, that or the other number of houses, we slightly strengthen the ability of everyone to say, “Yes, we all know that a lot of houses are needed but not here, thank you”. We may need to do something to correct that. The thrust of the point of the noble Lord on the Front Bench opposite, although not the wording particularly, is probably well made, and I hope that it will receive an understanding response.

[Lord Greaves]

My Lords, if I understand it correctly, the purpose of these amendments is to make sure that a proper assessment and evidence base for housing needs is incorporated into the work on the local plan. The noble Lord, Lord McKenzie, spoke about the immediate crisis in housing. Of course, these amendments will not solve the problem in the short term. The problem of why houses are not being built is far more to do with the financial situation, and the lack of availability of finance for building houses and of mortgages for people buying them. It is nothing to do with the planning system per se but the points he is making are very valid in the longer term.

However, the argument comes down to whether this kind of requirement on local planning authorities should be in this Bill in primary legislation or should be provided in guidance. I have no doubt that the Minister will point out that the draft national planning policy framework, with which we all live and sleep at the moment, has a great deal in it about this. For example, on page 30, under the heading “Significantly increasing supply of housing”, paragraph 109 reads:

“To boost the supply of housing, local planning authorities should … use an evidence-base to ensure that their Local Plan meets the full requirements for market and affordable housing in the housing market area, including identifying key sites which are critical to the delivery of the housing strategy over the plan period”.

Paragraph 111 is rather longer, and therefore I will not read it all out, but it requires that,

“local planning authorities should … plan for a mix of housing based on current and future demographic trends”,

which I think was a point made very eloquently by the noble Lord. I suspect that there is not a great deal of difference between what the noble Lord is putting forward and what the Government want to happen, and that it is simply a matter of where the requirement should be and whether it is necessary to be in the Bill.

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[Lord McKenzie of Luton]

I am sorry—over four years. However, even 150,000 a year is less than what the previous Government achieved. If you go back a couple of years, the number of housing starts was the highest for around 20 years. The Government constantly quote a later figure, which was affected by the financial crisis. However, if you look at the data over the period you will see something else.

[Lord Greaves]

I wonder if there is confusion here between housing starts and affordable housing starts.

[Lord McKenzie of Luton]

Indeed, the noble Lord is absolutely right. However, I understand that the mechanism to achieve affordable housing is through 80 per cent of market rents being the primary funding source for it. Therefore, what the Government have done has slashed capital funding for affordable housing by driving an approach that jacks up rents, which for many people will be paid out of the housing benefit budget. It is difficult to see the logic of that approach from the Government’s point of view.

The Minister’s response to the noble Lord, Lord Newton, was to say that local development plans have to be adhered to. I thought that the noble Lord’s point was about what happens in adjoining local authorities and how they can be persuaded to provide affordable or other housing when a neighbouring authority is fully developed or has little room to develop further. As I have mentioned, that is precisely the situation in which we find ourselves in Luton, as do other local authorities. The noble Baroness says that the route is through the NPPF; I think the noble Lord, Lord Greaves, quoted from that. However, as we have debated, it is a question of having regard to that. We want to put something transparent in the Bill. That transparency will help the understanding of local people as well.

[Lord Greaves]

If the NPPF had only to “have regard to”, people might be less concerned about it. Is it not the case that local plans—core strategies—will not be approved by the inspection process unless they conform to the NPPF? They do not just have to have regard to it.

[Lord McKenzie of Luton]

That may be the case up to a point. How that works in practice remains to be tested, particularly given the pressures on the inspectors. We shall come to that point in a moment.

I say to the noble Lord, Lord Greaves, that I am old enough to have watched “Cathy Come Home”. I think I did; it was on a black and white television. It was a defining moment in our country. We are at risk of going back to that. These assessments must also be seen in the context of what is happening to housing benefit. We know that many people will be made homeless and that many will be uprooted from their current communities and forced into new ones. Following the point of the noble Lord, Lord Williamson, about how robust and up to date those assessments are, they would also need to take account of such movements, which could be very significant.

I very much warmed to the comments of my noble friend Lady Whitaker and the noble Lord, Lord Boswell. The Minister’s response was that there is already a statutory responsibility. However, the reality is that to date it has not delivered for Gypsy and Traveller families. It is right that we should focus on that. It was absolutely commendable of the noble Lord and my noble friend to do so in the course of this debate.

My noble friend Lord Beecham, in supporting the amendment, said that we should look not just at social housing or affordable housing—whatever description we apply to it—but at the private rented sector as well. That is absolutely right: we have to look at all areas, particularly the private rented sector. We know that the formation of households over the next decade will increase—certainly at a faster rate than new homes are projected to be provided. That is the source of some challenge.

The noble Lord, Lord Greaves, made the point that it is not just about whether somebody can afford a property but about what they are affording. What is the quality of the home that they are able to access? That is why, like him, I am a great supporter of the social housing sector. I am sure the noble Lord himself remembers council house-building when it took place and Parker Morris standards, with decent garden sizes. That may not be easy for us to return to but it was indicative of a time when we believed that people should be properly and decently housed.