Housing and Planning Bill

Lord Kennedy of Southwark Excerpts

Tuesday 10th May 2016 Lords Chamber

[Baroness Parminter (LD)]

My Lords, I very much welcome the comments made last night by the Minister in the other place, who said that he intends,

“to work with colleagues to ensure that neighbourhood plans enjoy the primacy that we intend them to have in planning law”.—[Official Report, Commons, 9/5/16; col. 462.]

I wholeheartedly endorse and welcome that commitment. However, I have prepared what I believe to be a significant compromise on the proposal that was agreed by this House during our last debate as a means to do just that.

Our previous amendment included a right of appeal—a limited one, but a right of appeal nevertheless. I understand that the Government saw that as a third-party right of appeal, which they did not wish to agree to. Therefore the amendment before your Lordships today does not push a third-party right of appeal but proposes a right to be heard. The proposal makes it clear that local authorities should have special regard to the policies in neighbourhood plans. It proposes that planning authorities must consult with neighbourhood plans and take account of their views before decisions are taken and, crucially, it provides for a call-in decision. I heard what the Minister said about call-ins if neighbourhood plan groups wish to ask for a call-in before a local authority makes a decision, but, crucially, they do not have that right once local authorities have refused an application which is contrary to that within a neighbourhood plan. That is a major barrier to encouraging more local groups to get involved in neighbourhood planning, which this House—and the Government—has said on many occasions we want to achieve because we know that neighbourhood plans deliver more homes.

The Bill needs to do all it can to ensure that local people invest the time and the effort in putting together neighbourhood plans so that we get the housing we need through consensus. Giving this extra weight to neighbourhood plans by allowing for this right to be heard—not a right of appeal—will mean that their plans will not be ignored or easily overturned. That seems a key to encouraging more neighbourhood plans to come into being, which is what the Government and all noble Peers have made it quite clear we want to achieve. This is a compromise amendment, therefore, on that basis, I beg to move.

[Lord Kennedy of Southwark (Lab)]

My Lords, first, I refer noble Lords to my declaration of interests and declare that I am a locally elected councillor in the London Borough of Lewisham.

We have discussed the neighbourhood right of appeal on a number of occasions in your Lordships’ House, and I was convinced that the limited right of appeal, which the noble Baroness, Lady Parminter, has put forward on a number of occasions, was the right approach. However, despite that and numerous discussions, the Government have not been persuaded that this is the correct way forward. That is disappointing.

The government amendment agreed in the Commons makes some moves in the right direction but, as the noble Baroness told the House on 4 May, what is proposed here, set out on page 5 of the Marshalled List before us today, is what you would expect any good local planning authority or planning officer to do anyway. Therefore, I am under no illusion that what is before us from the Government is a particularly significant concession. As I said earlier, that is disappointing, and we should go a bit further.

When I look at this Bill, I often reflect back on the Localism Act. It appears that the government Benches are less keen on localism than they may have been a few years ago. In general, they talk about localism when they like what is going on, and when they do not like it, we have to do what they say. As I said, there is a bit of a hokey-cokey on localism from the government Benches. That is not the way to go, and it is disappointing. The noble Baroness has given us another possibility, and maybe we will have some good news from the Minister.

[Baroness Williams of Trafford]

My Lords, I thank the noble Baroness, Lady Parminter, for her amendment and for the way she has worked with me throughout the passage of the Bill—she might think not to very great effect, but we have had extensive debates regarding a neighbourhood right to appeal, and I am pleased that we are able to return to this issue in quite a constructive manner. We all agree on the importance of neighbourhood plans and we wish to see the planning system working without unnecessary costs and delays. We also wish to see the planning system deliver sustainable development and the homes our communities need.

While I very much welcome the direction of travel of the amendment, which is focused on the call-in process, now is not the time to pursue the matter. This issue was not part of the original Bill and the other place has made clear its approval of the Government’s amendment in lieu. The Minister for Planning and Housing has made it very clear that he is willing to work with colleagues to return to this issue in due course. I hope that this is as encouraging to noble Lords as it was to certain Members of the other place—and particularly to organisations such as CPRE which have lobbied on this matter.

Although the Government cannot support this amendment, I understand the advantage of an approach that is based on the existing call-in system and the constructive manner in which it was laid. The Government are willing to look at this issue further, and I hope that provides the reassurance to the noble Baroness for her to withdraw her amendment.

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[Lord Kennedy of Southwark]

My Lords, I was surprised that the Government rejected the Lords amendment in the other place last night and am pleased that the noble Baroness, Lady Parminter, has brought back another amendment to be considered today by your Lordships’ House.

Resistance to this measure is puzzling to say the least. Delivering zero-carbon homes is an important standard that we should strive to achieve. It helps reduce our carbon footprint and gives people living in the properties to be built cheaper fuel bills.

In previous debates, the noble Viscount, Lord Younger of Leckie, and the noble Baroness, Lady Williams of Trafford, have relied a number of times on the opposition of the Federation of Master Builders despite there being numerous organisations that support the measure. The noble Viscount said that he would write to me giving a list of other organisations that support the Government’s position. I have not had that letter yet; perhaps the Minister could tell me when I will get it, because it would be useful to see who these other organisations are. It is also important to remember, as the noble Baroness, Lady Parminter, reminded us, that the zero-carbon homes standard was agreed by the coalition Government in the last Parliament.

As the noble Lord, Lord Krebs, said—the noble Baroness, Lady Parminter, also mentioned it—we do not want in a few years’ time to be required to undertake expensive retrofit measures when we could have done the work during the initial construction at a fraction of the cost.

The Government’s claims as to the initial costs are just not convincing. At no point during our consideration of this part of the Bill have I felt that the Government made a convincing or compelling case for why this measure should not be supported. If the noble Baroness wishes to test the opinion of the House, we will support her.

[Baroness Williams of Trafford]

My Lords, just to say to the noble Lord, Lord Kennedy, I will chase my noble friend. I think he might have gone to get the letter, actually.

It is helpful that the noble Baroness, Lady Parminter, has revised the carbon compliance standard in her new amendment, but we still do not know the risks it may pose to the viability of home building in some parts of the country, or the impact it may have on the home building industry, particularly some small builders. We need a clear understanding of what is technically possible, viable and cost effective to make any changes to energy performance standards for new homes. That is why we are introducing a statutory duty on this Government to undertake a full and comprehensive review of energy standards based on cost effectiveness and the impact on housing supply. We will report back to this House on the outcome of the review within the next 12 months.

The other place has given its considerable support to this review based on cost effectiveness, and it is supported by the Home Builders Federation—the main trade body that represents home builders of all sizes. The Housing Minister in the other place also pointed out the following yesterday:

“We said in our manifesto that we will meet our climate change commitments and that we will do so by cutting emissions ‘as cost-effectively as possible’. The electorate voted for that and the review will help to ensure that we can deliver it”.—[Official Report, Commons, 9/5/16; col. 463.]

So before the other place considers any changes to energy performance standards, home builders and the electorate think that we first need to have an understanding of what is cost effective. Is it right that we should go against their views?

Finally, I remind the House that it is not prudent to set requirements such as this in primary legislation. If, in the light of consultation, any slight adjustment to requirements were needed, we would not be able to do so without further primary legislation. Therefore, I ask the noble Baroness, Lady Parminter, to withdraw her amendment.

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[Lord Krebs]

My Lords, I should declare that I am the chairman of the Adaptation Sub-Committee, to which the noble Baroness, Lady Parminter, referred. Listening to what both she and the Minister said, I did not think there was too big a gap between their amendments. The Minister said that the review of policies would be robust and evidence-based. For me, part of the evidence base will be whether the policies are working on the ground. I hope that, when the Minister sums up, she will say that the review will also include looking at evidence of what is happening on the ground.

It is important to recognise that this is not just evidence from high flood risk areas. According to figures that I have been given from the insurance industry, 70% of claims for flood damage come from buildings outside high flood risk areas. This is because surface water flooding does not necessarily occur in the same place as coastal or fluvial flooding. If we could get confirmation on that point, it would be extremely reassuring both to me and to the noble Baroness, Lady Parminter.

On the question of timing, as the noble Baroness has said, my committee will submit its statutory report to Parliament next summer on the Government’s progress in preparing for the impacts of climate change. This includes the impacts of flood risk, which are likely to increase in future. In writing our report, it would be helpful for us to have the output of this review available at some time in the spring of 2017. I look forward to the Minister’s response.

[Lord Kennedy of Southwark]

My Lords, I was surprised that the Government rejected this amendment when it went to the other place. Ensuring that we build homes and have sustainable drainage is a positive thing. When we discussed this matter the other day, the amendment of the noble Baroness, Lady Parminter, sought to remove the automatic right of connection to ensure that the drainage system would be considered and resolved early on and not left to the end. It was suggested that the amendment was unnecessary or unworkable. I am not convinced that either is the case.

The noble Baroness, Lady Williams of Trafford, proposed Motion E. This goes some way in the right direction. It commits the Government to,

“carry out a review concerning sustainable drainage in relation to the development of land in England”.

That is to be welcomed, but I am aware that a review is a review and it commits the Government to nothing beyond that. The noble Baroness, Lady Parminter, and the noble Lord, Lord Krebs, asked some pertinent questions about timescales—when the review will come before Parliament and what action will come out of it. When the Minister responds to the debate, it would be useful if she could cover these points.

[Baroness Williams of Trafford]

My Lords, I emphasise that we are committed to ensuring that developments are safe from flooding and that the delivery of SUDS—if I can call it that—forms part of our policy approach. Both the noble Lord, Lord Krebs, and the noble Baroness, Lady Parminter, asked whether the review would be thorough, robust and look at evidence on the ground. The answer to all three is yes.

The Motion moved by the noble Baroness, Lady Parminter, would include a review of all development, the scope of which would be too broad. The amendment also refers to the non-statutory technical standards, which is for guidance only. I therefore cannot accept the amendment. I hope that noble Lords will accept that, while we join them in supporting the use of SUDS, it would not be appropriate to make changes at this point, until we have the evidence on which to base any changes.

[Lord Kennedy of Southwark]

My Lords, the amendment from the noble Baroness, Lady Parminter, talks about a date of 31 April 2017. There is nothing in the government amendment. Can the Minister give the House any idea of timescale?