Growth and Infrastructure Bill

Lord Judd Excerpts

Wednesday 27th February 2013 Lords Chamber

Moved by

[Lord Judd]

9: Clause 1, page 3, line 1, at end insert—
“(e) the National Parks Authorities; and(f) the Broads Authority.”

[Lord Judd]

My Lords, perhaps it is appropriate at this stage in our proceedings that I remind the House that I am a resident of a national park, a vice-president of the Campaign for National Parks and a patron of the Friends of the Lake District.

In Committee, my noble friend Lord Adonis very powerfully put on the record how well national parks had done in planning matters. Rereading what was said at that stage of our deliberations, it does not seem to me that the Government tried to refute the case that he put forward so convincingly. I am not altogether clear about what the rationale is for the specific exemptions listed in the Bill. Why these alone in the Bill? What is really the case for them? I hope that, in dealing with what I am about to say, the Minister may have an opportunity to leave the House wiser on this point.

If there are to be exemptions, I believe most strongly that the case of the national parks is outstanding. Why? Repeatedly since the parks were originally created in the post-war era, successive Governments of different persuasions have put on the record their determination that these parks are very special parts of the United Kingdom. To those who would say that this is an emotional argument and not a practical one, I would say—I made this point in Committee—that that is utter nonsense, because a healthy, effective nation needs space to regenerate physically and mentally and the parks make a direct contribution therefore to the well-being and operational efficiency of the nation.

We all want economic development—it would be hypocritical to pretend otherwise; I certainly want it—but these very special areas must be protected in the context of our commitment to still better economic performance, because they contribute to the well-being of society and help to underpin the whole nature of the society that we are trying to achieve our by our economic performance. Economic performance cannot become an end in itself; economic performance is so that we can have a decent United Kingdom, and these special areas are absolutely central to that.

It is important to recognise that we in both Houses of Parliament have had a very important role as guarantors of this reality. Since the national parks and the Broads were established, it has been recognised not only by government but by Parliament repeatedly that they are the most important areas for natural beauty and for the opportunities they provide for public understanding of their special qualities. The Government’s national parks circular of 2010 explains why it is important for national park authorities to retain a planning function in order to deliver these statutory functions. The Government’s National Planning Policy Framework restates that they are to be afforded the highest levels of protection and that major developments within or affecting a national park therefore need to be given very careful consideration.

Of course, a national park authority is highly likely to receive far fewer major applications for development than other planning authorities. A consequence of this is that the percentages for major applications determined within 26 weeks, and the percentage success rates on appeals—the criteria which are proposed by the Government for determining poorly performing authorities—can shift quite markedly from one year to another. The Government’s Planning Guarantee Monitoring Report, published in September last year, highlights that six national park authorities received three or fewer major applications in 2011-12 and that, of those, two received only one application. This surely demonstrates that the statistical problem of relying on percentages as far as they relate to national parks is a dangerous game. I recognise that the Government have issued a consultation paper that deliberates on the criteria they will use to determine poorly performing authorities. Although the period over which this is to be assessed seeks to address large variations from year to year, it is important to understand that this potentially raises very serious considerations for the parks.

Before I conclude I shall go over the basic statistical realities again. Leaving to one side the South Downs National Park, which was designated during the year in question, in the year ending 2012, the eight national park authorities and the Broads Authority received 5,000 planning applications. They granted approval for 89% of applications, which is higher than the English average of 87%. They received 53 applications for major development, of which 91% were granted approval. For major development, national park authorities compare favourably with other local planning authorities for speed of determination. They approved 60% of applications within 13 weeks, compared with the English average of 57%. It is absolutely clear to me—and I would have thought to everybody—that the national park authorities have a good track record in planning performance and a number are, for example, part of the Government’s front runner programme for promoting neighbourhood planning. If there are to be exemptions, I urge the Minister to look seriously at whether, even at the final stages of consideration of the Bill, she could include the national park authorities alongside the other designated authorities, although, as has been said, it would helpful if we could have a bit more information on the overall rationale for the authorities mentioned in the Bill.

This is an important issue. It is important to keep the factual side under consideration all the time. However, I am not ashamed to say that it would be very easy to introduce a new culture in which the parks have to justify their existence rather than anyone who wants to undermine their special character having to justify why they are doing that. When we introduce legislation of this kind, it is crucial to remember that we are dealing not only with the Ministers of the day. I am convinced that the Ministers of the day are quite civilised on these issues. They have a very enlightened approach. They want to help, I think, in many ways. That is encouraging, but they might not always be there. Another Minister coming along could very easily see this as the thin end of the wedge and that the door was being pushed open, opening up all sorts of new opportunities which could very easily lead to the complete destruction of the special nature of the parks. I beg to move.

[Lord Deben]

My Lords, I hope very much that my noble friend will resist this proposition. It seems to me to be really unacceptable. If it is necessary to have a fallback power for circumstances in which it is necessary to take to the centre decisions that would otherwise be done locally, I find it very difficult to understand why the national parks should be excluded.

There are two reasons for that. First, it says something about everybody else. It says that those people are perfectly safe, but the other people have to be subject to this rule. Speaking on behalf of everybody else, I do not think that that is a very good argument. Secondly, I was Secretary of State responsible for these matters, and I can think of one national park which ought to have been under this rule for quite some time, because its planning attitudes at the time were utterly indefensible. It is no good saying that they are always perfect. If what the noble Lord, Lord Judd, says, is true—I am sure that it is—and the national parks have a remarkable record over recent years because of the fantastic speed with which they deal with plans, nobody will do that to them. If the record is as good as that, they will be the last people to be subject to this.

I have to say to the noble Lord, Lord Judd, that I find it difficult to believe in the infallibility of the national parks. Indeed, I have good reason to believe that we have made a huge mistake in making the South Downs a national park. I have opposed that all my life; I still think that it has been a disaster; it is not what should have been done and it has alienated local authorities in areas where it would be much better for them to have worked as they had worked before. I think that the same is true of the New Forest. That was an historic, political decision to do with the 1930s rather than anything to do with the 2000s, but there we are: we have done it. It has not been as damaging as it might have been, but it was not sensible.

National parks do a wonderful job. They are a fantastically important part of our structure. I think I have a long enough record of defending the countryside and working for country people and the nature of the British rural society not to be maligned by the suggestion that in some way I have a wicked desire to concrete over the countryside. Indeed, I have been pretty critical of the Government’s proposals on the basis that I do not think that it is necessary to build on greenfield sites. I happen to think that we can build all the housing we need on brownfield sites. It is an easy way out for developers to build on greenfield sites. They must be forced to build on brownfield sites because otherwise all they will do is build on greenfield sites and then wait until they have more greenfield sites. That was my experience from four years as Secretary of State. I hope that no one will criticise me for that.

If we are to have the clause—I have shown myself to be not altogether happy about the need for it—it must cover national parks and the Broads Authority like everybody else. It is hemmed around with all the Minister’s careful comments—she has been very clear that it would not be used except in certain extreme and specific circumstances. She has laid down some new mechanisms by which we can receive greater comfort about it. I still wonder in my heart whether it is utterly necessary, but, having done all that, it would be preposterous to leave the national parks out. It would be extremely rude to some other excellent local authorities, which will never be affected by the regulations because they, too, do the job as well as a national park.

I hope that my noble friend will resist this elegant, polite, romantic proposal, which the House should not support.

--- Later in debate ---

[Baroness Hanham]

My Lords, I thank noble Lords for their interesting interventions on this interesting amendment, which we discussed in Committee. I am not going to endear myself to the noble Lord, Lord Judd, by saying that my answer now is the same as it was then. My noble friend Lord Deben said that he can see no reason for excluding national parks from designation just because they are national parks; nor can we. That also applies to the Broads Authority. The reason for keeping them included is that they are planning authorities. If they perform wonderfully and at a standard that I think the noble Lord said they would, this registration will not matter to them at all. It would completely leave them out to carry on doing what they are doing so beautifully. There might be authorities which fall into this category only if, as my noble friend Lord Deben suggested, they do not perform to the designated standard. They would then become involved.

It is important that national parks are served by an effective planning service. That applies just as much to them as to any other area. They are asked from time to time to put in major developments—we call them major if they are of 10 houses or more—and it is absolutely essential that there is within those areas a planning authority that understands what it is doing and makes those decisions carefully. There are some national parks that deal with a relatively small number of major applications, but some do not. The noble Lord, Lord Judd, cited figures, some of which would, I think, fall below the major applications category. I understand that the Lake District made decisions on 31 major applications in the past two financial years, while the New Forest dealt with 23 and the Broads Authority with 18. For those authorities, those are not inconsiderable numbers.

The noble Lord, Lord Judd, asked why national parks and the Broads Authority should not be included among others which had not been designated, such as the Mayor of London and the development corporations. However, these are by and large not normal planning authorities. Certainly, the development corporations get involved to deal with only very big or complex proposals and do not deal on a day-to-day basis with some of the smaller ones.

It is true that other national parks deal with fewer major applications, but the two-year assessment period that we have proposed is designed to even out some of the fluctuations. It is also important to remember that these authorities will be able to enter into planning performance agreements or agree an extension of time where there are issues that will take additional time to resolve, which may be germane only to their particular type of application. There should be no worries that if a national park or the Broads Authority were to be designated, that would result in decisions that pay less regard to their special qualities. If, in these circumstances, an application for major development were to be made to the Secretary of State, the decision would have to be in accordance with the same statutory principles that apply to the designated authority. Indeed, I expect that they would also be able to access the help of the Local Government Association.

In other words, there would be the same legal obligation to make decisions in accordance with the development plan, unless there are material considerations that indicate otherwise. The Secretary of State will also be under a statutory duty to have regard to the purposes for which the national park has been designated in making such decisions. I listened carefully to the noble Lord, Lord Liddle. I am enchanted by the fact that the national parks have such good people, but that is not what this is about. If they have really good people they are making really good decisions, so they are not in any jeopardy of being designated.

I will resist the amendment and hope noble Lords will understand that, as recognised planning authorities, neither the national parks authorities nor the Broads Authority should be exempt. The communities and businesses in their areas deserve the same standards of service on planning as the rest of the country. I hope the noble Lord will withdraw his amendment.

[Lord Judd]

My Lords, I thank the Minister for the characteristically friendly candour with which she has replied. I am sorry that she has replied in the way that she has at this stage; it is rather disappointing. She referred to the complexity of the issues facing the bodies that appear in the Bill. However, I would argue that what faces a national park authority is every bit as complex, every bit as difficult and sensitive, as what faces these authorities. They are in a very special category in that context because of these wider issues of the inheritance, the special role of the parks and all the rest. Her argument about complexity strengthens the case for the park authorities being in the Bill.

I must say a word about the contribution by the noble Lord, Lord Deben. I take second place to no one in my admiration for the tremendous contribution he has made on a lot of green issues in this country. I really do regard him with some awe for the way he has stood up on a number of issues. This makes it doubly disappointing that he said what he said. Why? First, it is not the first time I have heard, almost word for word, that particular contribution by the noble Lord, Lord Deben, on national parks. I do not suppose it is the last time we will hear it, either. He clearly once had a very bad night with some of the national parks. I am not quite sure what this bad night was and I would value him putting the story straight with me in the bar one night.

I am sorry if he was left wounded for life, but if he is raising the issue that I am falling back on a generic argument when there are specific examples, why does his argument not apply to the Homes and Communities Agency? Why does it not apply to the Mayor of London or to a mayoral development corporation? Why does it not apply to an urban development corporation? Is he really saying there will not be variations there, or moments of good performance at some times and not such good performance at others? I do not understand the logic of his position. If you accept that there will always be variations but that, notwithstanding those, there are some that have such great responsibilities and complex—to use the Minister’s word again—issues to deal with that they have to be in the Bill, then these unique and special parts of our national parks’ life really should be there alongside the others. Not to include them is to demean them.

If it were not for people who refuse to take no for an answer—those right across the political divide in the 1930s and 1940s who kept going with their arguments, belief and purpose in establishing the parks—we would never have had them. I do not give up. I believe in the power of reason, the power of reflection, the power of decency and the civilised values that I know the Minister shares. If I am to withdraw the amendment at this stage, it is in the real hope—not just as a debating formality—that she will go away with her colleagues, look seriously at this issue again and see if there is some way she can bring meaningful reassurances to this House at Third Reading. In the mean time, on that basis, and in thanking those who have spoken to this amendment, not least my own Front Bench, I beg leave to withdraw.

Amendment 9 withdrawn.

--- Later in debate ---

[Lord Judd]

My Lords, I hope that my noble friend will stand firm. If legislation is important and necessary, it seems to me a first principle that it is important to get it as right, sound and well drafted as possible. I honestly believe that there is room for reflection on how this clause has been drafted. It is full of lurches in administration which are not logically followed through and which introduce contradictions between what is recognised and put on the face of the Bill, and what is not put on the face of the Bill. That is one area of concern.

A much deeper area of concern is the contradictions which this Bill epitomises between the legislation of the Government and their aspirations as put to the people in the general election and at other times. The whole thesis of the Conservative position was that power should be nearer people; that the bodies nearer people should have more authority than they had before; and that there should be distribution of power. Phrases such as “Trust the people” are ringing in my ears. This clause is very central to that.

However, we are moving into an age in which you do not say that ultimately the state has responsibility in a whole range of administration—of course it does —or that we therefore want to enhance and improve the local standards of democracy and the local and more regional ways in which planning and the rest are working. We are moving into an age where the state may say, “We concede that you may be able to get on with the job administratively here but please understand that the real power lies at the centre, and at any point we can intervene and call into the centre the responsibility for what is being done”. How does that add up in terms of the message that was being put to the British people about the belief in the people and the rejection of the concept of overcentralised government? There is a contradiction here. Therefore, I believe that my noble friend was absolutely right to propose the deletion of this clause. I warmly applaud and support him.