Levelling-up and Regeneration Bill

Lord Holmes of Richmond Excerpts

Committee stage
Monday 22nd May 2023 Lords Chamber

Amendment 465 refers to an impact assessment to test a number of measures in the Bill and those that are the subject of amendments in this group, such as the change to consultation periods, the introduction of mandatory tactile markers or barriers around licensed areas and the removal of the automatic approval of licences. In general, we see real benefits in giving local authorities the ability to manage outside spaces on their high streets in a way that works best for their communities and without unnecessary bureaucracy which makes the application and implementation onerous for either the local authority or the businesses that are applicants. However, it is important that, in doing so, we ensure that we do not create a street scene that is in any way less accessible to those with disabilities, nor create health hazards for other users by turning outside areas into smoking zones that deter them. I beg to move.

[Lord Holmes of Richmond (Con)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Taylor of Stevenage. I congratulate her on the efficient and effective way in which she dealt with 17 amendments; she did so with such clarity. I rise to speak to Amendments 449 to 460, all of which bar one are in my name.

In speaking to my amendments and thanking all the organisations that have sent helpful briefings to noble Lords, I want to cover something before we get into the detail: I simply wish to reassert the primary purpose of the pavement. It is not a place for excessive A-boards, advertisements, marketing materials or sprawling seating. It is a place to connect people. It is a place where we can meet on our streets. Yet, all too often, we experience inaccessibility, obstacles and problems when we are simply trying to go about our daily business. This is bad enough for anybody, but for those of us who use guide dogs or wheelchairs it can often be an impossibility. Add to that the excessive dumping and the discarding of e-scooters and you can hardly say that the current usage of our pavements is in any sense optimal, accessible or inclusive.

Let us take a step back to the Business and Planning Act 2020, in which sensible measures were brought in at a time when we were facing a once-in-a-century pandemic. It cannot be right that the lessons we take from that are to roll over some of those provisions in perpetuity now that we are, fortunately, in such a different set of circumstances.

The amendments in my name can be split into three categories: accessibility and inclusion; payment for our pavements; and healthy environments. First, on accessibility and inclusion, the principle of “inclusive by design” should be the basis on which we base everything that we do, be it physical infrastructure or things way beyond. It should be the heart and soul—indeed, the very fabric—of our communities. Yet, as we see with this set of amendments, this is all too often not the case when it comes to pavements.

As has already been set out, Amendment 455 puts the case that, when pavement licences are to be granted, the flow and access needs of users and pedestrians should be thoroughly taken into account. We can call this, if you will, the amendment that goes to the heart of the purpose of our pavements.

Amendment 460 talks about the need for tactile markings and physical barriers to demark seating areas. This is not only to enable them to be safe and demarked for people who may use white canes to navigate and may have buddies who need to get through; crucially, it will also stop the sprawl of seating. Amendment 460 can now be known as the “prohibition of sprawling seating amendment”.

Amendment 458 seeks to put the case that, where licences for seating and other ephemera are granted, such seating must be removed from the pavement when it is not in use for the reasons that the noble Baroness, Lady Taylor of Stevenage, has already set out.

Similarly, Amendment 450 puts a real case that not only the pavement should be considered for such licences. If the circumstances fit and are safe, it could be quite proper to include part of the carriageway in that pavement licence. We have already seen schemes to skinny highways; this could be an effective part of that where, in effect, the load of sharing the licence is more equitably shared between pedestrians and the users of the carriageway.

However, access and inclusion are not just about the physical environment; “inclusive by design” is just as important for practices, policies and procedures. That brings me to Amendments 454 and 456, which look at the application and consultation processes for the granting of pavement licences. In 2020, when we passed the Business and Planning Act, there was a particular need for increased speed. Businesses were facing an extraordinary set of circumstances, as were local authorities and, indeed, all of us. Those circumstances have now changed and there can be no case for that consultation not to be returned to 28 days. In fact, I put it to my noble friend the Minister that, if the consultation period is reduced as currently set out in the Bill, it could very well represent a prima facie breach of local authorities’ public sector equality duties and contravene wider equalities legislation; I welcome her view on that point.

I turn to payments for our pavements. Although we can all be supportive of a certain level of pavement usage, such as for cafés, eating and the like, it should be clearly understood that the pavement is our pavement. It is operated and administered on our behalf by the local authority. Amendments 451 and 452 speak directly to this point, not only in terms of the cleansing and maintenance of pavements as a result of the granting of these licences but in terms of the potential profit share. I believe that sharing the profits generated on those pavements—our pavements—should be strongly considered. As the noble Baroness, Lady Taylor of Stevenage, pointed out, a formula could well be constructed within the licence itself, not least for cleansing and maintenance, but I believe that the profit share point is a critical one. We want to support our local businesses but, when they have a licence and are generating business on our pavements, it is only right and proper that, through the local authority, we should share in that profit.

Finally, these amendments would enable not only safer but cleaner, more accessible and more inclusive pavements, and therefore in all senses much healthier spaces. This cannot be inordinately difficult. It is simply about properly considering and balancing the needs of restaurants and residents, cafes and the community. Unfortunately, this clearly is not happening at any level to the extent it should. If this Bill is about levelling up, if it is about regeneration, then this starts with our streets and with the primary purpose of the pavement. That is what these amendments are all about. I very much look forward to my noble friend the Minister’s response.