Levelling-up and Regeneration Bill

Debate between Lord Lansley and Lord Young of Cookham

Consideration of Commons amendments
Monday 23rd October 2023 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, I will intervene briefly to speak to three Motions in this group—first, Motion ZH, to which the noble Lord, Lord Best, has just spoken. It is the substitute for an amendment on housing need that he promoted on Report. There is a crucial difference between the original amendment, which required local authorities not just to assess need but to make provision for it. The Government’s amendment deletes that last half—making provision for need. None the less, we have heard some encouraging words about social rent. It is a brave man who seeks to outbid the noble Lord, Lord Best, when it comes to speaking or voting on amendments on housing, so I am happy to follow his lead and not press that. I pay tribute to the work that he has been doing on this.

Secondly, it was disappointing to hear my noble friend Lord Howe say that Motion N1 on healthy homes, from the noble Lord, Lord Crisp, still had to be resisted. Ever since the Private Member’s Bill was introduced, we have had numerous debates in Committee and on Report, and each time, in response, the noble Lord has moved further and further towards the Government. There never was a wide disagreement, because the Government always said that they agreed with the thrust of what he was trying to do.

It is worth reading out what may be the only sentence of the original amendment that remains:

“The Secretary of State must promote a comprehensive regulatory framework for planning and the built environment designed to secure the physical, mental and social health and well-being of the people of England by ensuring the creation of healthy homes and neighbourhoods”.


That is apparently too much. It continues:

“The Secretary of State may by regulations make provision for a system of standards”.


In other words, how that objective is reached is left entirely to the Secretary of State. Far from cutting across, as my noble friend Lord Howe said, the amendment seeks to bring it all together under a comprehensive framework to promote healthy homes.

The last point I want to make is on Motion R1 of the noble Baroness, Lady Pinnock. It repeats an amendment that I originally proposed in Committee that gives local authorities powers to fix their own planning fees. In the other place, the amendment was resisted on these grounds:

“It will lead to inconsistency of fees between local planning authorities and does not provide any incentive to tackle inefficiencies”.—[Official Report, Commons, 17/10/23; col 186.]


Central government should be quite careful before it preaches to local government about inefficiencies. This is the month in which we abandoned most of HS2. Pick up any NAO report and you will find criticism of the MoD on procurement. There has been criticism of the new hospitals programme and of HMRC in its response to taxpayer inquiries. If I were running a planning department in a local authority, I would be slightly miffed if I were told that, if I had the resources I needed, it might lead to inefficiencies.

There are problems in planning departments, but they are because a quarter of planners left the public sector between 2013 and 2020, so of course they cannot turn around planning applications as speedily as they might. The argument about promoting inefficiency does not really hold water. If one were to take that argument, why stop at planning fees? What about taking books out of a public library, swimming or parking? Are these not areas where local authorities might conceivably be inefficient?

Almost the first sentence of the White Paper introducing the Bill said that it would promote a “revolution in local democracy”, but allowing planning departments to set fees, so that they can recoup the costs of planning, is apparently a step too far. Yes, you will have inconsistency of fees, but that will happen if you have local democracy. We already have inconsistency of fees in every other charge a local authority makes, including building control fees. The argument that it will somehow confuse individuals or developers does not hold water. How many individuals make planning applications to a range of different local authorities and then express surprise that the fees are different? Yes, developers will be confronted with different fees, but they want an efficient planning department that processes their applications quickly.

I cannot understand why the Government are digging in their heels on this amendment, which empowers local government and gives them resources. It does not get resources at the moment because, in a unitary authority, the planning department, which does not get enough money from planning fees, has to bid for resources from the council tax in competition against adult social care and other services. It is no wonder that it misses out. At this very late stage on the Bill, I ask my noble friend whether the Government could show a little ankle on this, move a little towards empowering local government and trust it to get this right.

[Lord Lansley (Con)]

My Lords, I apologise for intervening before the noble Baroness, Lady Pinnock, has a chance to speak to Motion R1, but I have to disagree with my noble friend on this occasion. Last week, we had a debate on planning fees, in which I participated. The risk in what the noble Baroness proposes is that it would lead to local authorities significantly increasing the fees that would be charged for householder applications.

I remind the House that I chair the Cambridgeshire development forum. As far as larger developers are concerned, the point I made last week is that we should promote planning performance agreements to enable local authorities and developers to come to proper agreements, with potential sanctions and performance obligations on the part of the local planning authority. They would give them access to greater resources in dealing with major developments. I fear that what the Liberal Democrat Front Bench proposes would just lead to increases in fees for householder applications.

I also want to say a word about Motion M1 on climate change. The noble Lord, Lord Ravensdale, knows that I thoroughly agree with what he proposes but, at this stage, sending back the same amendments is inherently undesirable if it can be avoided. I hope that my noble friend on the Front Bench will tell us more about how the Government will use the new national development management policies, which will have statutory backing. If the Government set down NDMPs in terms that are clear about the importance of decisions that take account of mitigation of and adaptation to climate change, they will have the effect that my noble friend and other Members of the House look for from this Motion.

The distinctive point of the original Amendment 45 was that it would extend specific consideration of mitigation of and adaptation to climate change to individual planning decisions—there is plenty in the statute about the application of this to plan-making—so that is where the gap lies. That gap can be filled if national development management policies are absolutely clear about how decisions are to be made on the impact of climate change. I hope that my noble friend says something that allows me to feel that we do not need to send the same Amendment 45 back to the other place.

Levelling-up and Regeneration Bill

Debate between Lord Lansley and Lord Young of Cookham

Committee stage
Wednesday 3rd May 2023 Lords Chamber

[Lord Lansley (Con)]

My Lords, forgive me: I do not have an amendment in this group and I do not want to delay the point when we arrive at my further amendments, but I want to say something about green-belt policy. I am glad to follow the noble Baroness, Lady Willis, because I come from outside Cambridge and she lived in Cambridge, at one time, and now lives now in Oxford, if I am correct. Looking at the green belt by reference to Oxford and Cambridge is an interesting way to approach these things, and I want to do it by reference to the Cambridge green belt in particular.

After the noble Baroness left Cambridge, we lived with precisely the consequences that she described. For 25 years, until about 2000-01, all the development that was required for Cambridge was happening in villages outside Cambridge and generally beyond the green belt. There are many people who will say that it is all very well to talk about reviewing the green belt, looking at green-belt land and whether it should be in or out the green belt, but they are not politicians and they do not have to live with the consequences of reviewing the green belt. Well, I was a politician when we agreed to review the green belt in the run-up to the strategic plan review in 2006, if I remember correctly. Not only did we review the green belt and sustain that through an examination in public, but we successfully reshaped the green belt around Cambridge such that, in the years since, a much larger proportion of the development that is required for Cambridge has happened in the green belt. Some of it has actually delivered access to the countryside that was never available before.

That firmly focused our minds on the purposes of the green belt. For example, we retained green corridors running into Cambridge. Those familiar with Cambridge will realise that, if they come into the centre through Trumpington, they will continue to see countryside reaching right to the centre of Cambridge itself. That was not lost. However, the review acknowledged the requirement for the release of land not primarily for residential purposes but for the purpose of building the Cambridge Biomedical Campus. If we had not reviewed the green belt, the biomedical campus south of Cambridge, around Addenbrooke’s Hospital and what is now Royal Papworth Hospital, and their related research institutes, would not have been able to be built. That would have been an immense loss to the UK economy and life sciences sector.

The point I am making is that understanding when to retain the boundaries of the green belt, when to review them and under what circumstances that review should conclude that the boundaries should be changed is a vital part of planning policy. We should not leave it out. I hope that the noble Baroness, Lady Willis, and other noble Lords remember from other debates that I am firmly of the opinion that this legislation should be used to give a stronger statutory basis to the environmental purposes of planning, including—one of my earlier amendments did this—in respect to nature recovery and biodiversity gain.

However, I should say to the noble Baroness, Lady Young of Old Scone, that I think it is inappropriate to extend green-belt purposes to the features that she has in Amendment 295, because that would create a different statutory basis for planning policy on green-belt land, as opposed to greenfield or any other available land for development. It would entrench the idea that there is something different about green-belt land from other land.

Of course it is permanent, but I remember back in the early 2000s when I asked what permanent meant in relation to the green belt. The answer, I was told, was 25 years. If it is permanent now, we are talking about land that should stay in the green belt until 2050, more or less. That is when we are supposed to achieve net zero—in fact, before then, as our Green colleagues regularly tell us and would tell us now if they were with us. We have to think about the consequences we expect for our land use strategies if we are to achieve net zero between now and 2050.

For example, I have mentioned Cambridge City Council’s environmental assessment before it commenced the review of its local plan. It showed that it requires a significant increase in the density of development in urban areas and development to be focused on public transport corridors. Let us look at where the public transport corridors are, for example around London. I come from Essex: if you go out into the countryside on the Central line, you go through the green belt, but you do so on a public transport corridor on which there is effectively no development. We have to look very carefully and ask whether that is sustainable. The principle of sustainable development is at the heart of planning, and the boundaries of the green belt should be subject to the principle of sustainable development and assessed against the purposes set out in the National Planning Policy Framework.

As I mention the NPPF for the 98th time in these debates, it would be jolly helpful for the Government to tell us what precisely they plan to say in the NPPF and in the national development management policies in future. I come back to chapter 13 of the draft NPPF, which has two parts to it: one is effectively about setting policy for the green belt, which is about setting its boundaries, and the second is about the policies that should apply to the determination of an application for development within the green belt. The latter should be a national development management policy and the former should not: it should continue to be part of what is effectively the overall guidance from the Secretary of State for plan making. My noble friend sent me a letter following a previous debate but did not clarify precisely that division. I think we need to know, as a very clear example of what is or is not an NDMP. It is an important basis for our future debates on Report.

I am sorry that Ministers thought it appropriate to propose a change to the NPPF to include the sentence:

“Green Belt boundaries are not required to be reviewed and altered if this would be the only means of meeting the objectively assessed need for housing over the plan period”.


I do not know why they have inserted it and I do not see the benefit of it. In those local authorities that consist very largely of green belt—and there are some—it will effectively remove from them the obligation to play their part at all in the provision of housing to meet assessed need. I suspect that the same will be true of the requirements for employment and commercial-related development. As I see it, this has no place. Sustainable development should be the principle, and this sentence effectively absolves those local planning authorities of the responsibility to pursue sustainable development in their areas. I hope that, even at this stage, when they look at the responses to the NPPF consultation, Ministers will recognise that this is inappropriate language to use in relation to green-belt boundary setting.

[Lord Young of Cookham (Con)]

My Lords, this short debate has revealed that tension at the heart of planning policy and, indeed, political debate: what is the relative priority for environmental imperatives on the one hand and for housing on the other? What the noble Baroness, Lady Willis, described as covering land with concrete is, for some people, providing families with decent homes. That is the balance we have to make.

The noble Baroness, Lady Young, opened this debate by asking what the green belt is for. Her amendment outlines nine criteria and purposes for the green belt, and the noble Baroness, Lady Taylor, came up with some more criteria. I turn that question the other way around: if a piece of land meets none of the nine criteria in the amendment or those mentioned by the noble Baroness, Lady Taylor, but happens to be designated as green belt, should it remain designated? I am all in favour of expanding the green belt if it meets these criteria and others, but there are bits of the green belt that fulfil none of them.

My noble friend Lord Lansley referred to the document put out on 22 December on reforms to national planning policy. One of the questions was:

“Do you agree that national policy should make clear that Green Belt does not need to be reviewed or altered when making plans?”.


The answer is that I do not agree. As my noble friend said, that gives a let-out, but it also prevents the optimum use of land that is needed for housing.

I hope that, if we do come up with positive policies and descriptions of the objectives to be fulfilled by the green belt, we will look very critically at bits of the green belt that do not meet those criteria. There have been award-winning housing schemes built on what were green belts. We may need more of them if we are to hit our target of 300,000 homes a year. Along with my noble friend Lord Lansley, I think that there are other considerations to take into account when striking the appropriate balance between the environment on one hand and the need for decent homes on the other.